HIPAA OMNIBUS NOTICE OF PRIVACY PRACTICES
Effective Date: 01/01/2019
MyCare Medical is subject to the Health Insurance Portability and Accountability Act (“HIPAA”) and we are providing you with our Notice of Privacy Practices (“Notice”) as a requirement of our compliance with this important law.
THIS NOTICE DESCRIBES HOW YOUR HEALTH INFORMATION MAY BE CREATED, COLLECTED, USED AND DISCLOSED (SHARED), AND HOW YOU CAN ACCESS IT. PLEASE READ THIS NOTICE CAREFULLY.
Background
MyCare Medical creates and maintains a record of health information about the care and services you receive at MyCare Medical. This includes health information that MyCare Medical receives from other doctors and medical facilities that are not part of MyCare Medical, but that MyCare Medical keeps to provide care to you. MyCare Medical may share and use your health information as described in this Notice, including for purposes of treating you, obtaining payment for services provided to you, health care operations, as well as purposes authorized by you, those permitted or required by law, or otherwise described in this Notice.
What is Covered Under MyCare Medical’s Notice of Privacy Practices?
All MyCare Medical facilities and locations are bound by this Notice. This includes all departments, units, and staff within these entities, health care professionals permitted by us to provide services to you and others involved in providing your care, whether these individuals are employed by MyCare Medical. In this Notice, the words “we,” “us,” and “our” mean MyCare Medical and all the people and places that must follow this Notice. Please note that if your doctor is not a member of a practice that is owned by MyCare Medical, he or she may have different policies about how to manage your information and will have a separate Notice.
This Notice does not apply to health information that is not subject to HIPAA or information used or shared in a manner that cannot identify you.
Our Duty to Protect Your Health Information
Taking care of you, our patient, includes safeguarding your health information. We are required to make sure that your health information is used in accordance with this Notice. We make this notice available to you to ensure you are informed about the ways we use and share your health information as well as your rights concerning it.
Privacy Breach Notification
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your protected health information.
How We May Use or Share Your Health Information
We may use or share your health information in certain but controlled ways, such as when we receive your written permission, to help treat you, or as permitted or required by law. We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind. The following sections describe different ways that we may use and share your health information, along with examples for each.
| Uses | Explanation of our uses |
|---|---|
| TREATMENT | We may use your health information to provide you with medical treatment or related services including coordination of care and case management. We may also share your health information with others that provide treatment to you. We may also share your health information with others who may provide follow-up care to you, such as your primary care physician, physical therapist, long term care facility and home healthcare agencies. |
| PAYMENT | To receive payment for the services we provide to you, we may use and share your health information with your insurance company or a third party who is paying for your care. We also may share your health information with other health care service or product providers who need to pre-approve or provide follow-up care to you, such as your physicians, other providers, nursing homes and home care agencies so they can bill you, your insurance company, or a third party. For example, some health plans require your health information to pre-approve you for surgery and require preapproval before they pay us. |
| HEALTH CARE OPERATIONS | We may use and share your health information for business and other operational purposes. For example, we may use your health information to evaluate the quality of the treatment that we provide. We may share information with our students, trainees, and staff for review and training purposes. We may share your health information for case management and care coordination purposes. As required within HIPAA, we will not use your information for marketing purposes or sell your name or any identifiable health information to others without your authorization. |
| BUSINESS ASSOCIATES | We may share your health information with others called “business associates,” who perform services on our behalf. The Business Associate must agree in writing to protect the confidentiality of your health information. For example, we may share your health information with a billing company that bills for the services that we provided. |
| TREATMENT OPTIONS AND OTHER RELATED BENEFITS/SERVICES | We may use and share your health information to tell you about possible treatment options and other health-related benefits and services. For example, if you suffer from a chronic illness or condition, we may use your health information to assess your eligibility and propose newly available treatments. |
| FUNDRAISING ACTIVITIES | We may use and share information with a MyCare Medical-related foundation (or Business Associate) so that they can ask that you donate. However, the information that MyCare Medical can share is limited to your name, address, phone number, and other contact information, the dates that health care was provided to you, general department, and facility information where services were provided, the name of your treating physician and general outcome information. If you do not wish to participate in this, please let us know. |
| MARKETING ACTIVITIES | We may use or share your health information to promote our own products and services. We may also use or share your health information for marketing purposes when we discuss products or services with you face to face or to provide you with an inexpensive promotional gift related to the product or service. We will never use your PHI for marketing purposes without your authorization. |
| RESEARCH | MyCare Medical itself does not engage in research activities. Should there arise the occasion when a research organization requests of MyCare Medical to supply information to them. |
| SPECIAL SITUATIONS | In the following situations, the law either permits or requires us to use or share your health information with others. However, laws governing sensitive information (including behavioral health information, drug and alcohol treatment information, and HIV status) may limit these disclosures. |
| AS REQUIRED BY LAW | We may share your health information when required or permitted by federal, state, or local law. For example, if we believe that you have been a victim of abuse, neglect, or domestic violence, we may share your health information with an authorized government agency. If we share your health information for this purpose, we will tell you unless we believe that telling you would put you or someone else at risk of harm. |
| TO PREVENT A SERIOUS THREAT TO HEALTH OR SAFETY | We may use and share your health information with persons to prevent or lessen the threat of serious harm to the health and safety of you, the public, or another person. State laws may require such disclosure when an individual or group has been specifically identified as the target or potential victim. |
| ORGAN AND TISSUE DONATION | To assist in the process of eye, organ, or tissue transplants in the event of your death, we may share your health information with organizations that obtain, store, or transplant eyes, organs, or tissue. |
| SPECIAL GOVERNMENT PURPOSES | We may use and share your health information with certain government agencies as they may request from time to time. When this happens, we are required to respond to their requests, and we record all such events. |
| MILITARY AND VETERANS | We may share your health information with military authorities as the law permits if you are a member of the armed forces (of either the United States or a foreign government). |
| NATIONAL SECURITY AND INTELLIGENCE | We may share your health information with authorized federal officials for intelligence, counterintelligence and other national security activities authorized by law. |
| PROTECTIVE SERVICES FOR THE PRESIDENT | We may share your health information with authorized federal officials to protect the President of the United States, other authorized persons, or foreign heads of state. We may also share your health information for purposes of conducting special investigations as authorized by law. |
| WORKER’S COMPENSATION | We may share your health information for Workers’ Compensation or similar programs that provide benefits for work-related injuries or illness. |
| PUBLIC HEALTH REPORTING | As permitted or required by law, including the National Emergencies Act, we may share your health information with public health authorities for public health purposes to prevent or control disease, injury, or disability. This includes, but is not limited to, reporting disease, injury, and important events such as birth or death, and conducting public health monitoring, investigations, or activities. For example, we may share your health information to 1) report abuse or neglect; 2) collect and report on the quality, safety, and effectiveness of products and activities regulated by the Food and Drug Administration (FDA) (such as drugs and medical equipment, and could include product recalls, repairs, and monitoring); or 3) help contain the spread of a disease. |
| HEALTH OVERSIGHT | We may share your health information with a health oversight agency for purposes including 1) monitoring the health care system; 2) determining benefit eligibility for Medicare, Medicaid, and other government benefit programs; and 3) monitoring compliance with government regulations and laws. |
| CORONERS, MEDICAL EXAMINERS, AND FUNERAL DIRECTORS | We may share your health information with a coroner or medical examiner in order to identify a deceased person, determine the cause of death, or for other reasons allowed by law. We also may share your health information with funeral directors, as necessary, so they can perform their duties. |
| INMATES | Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may share your health information with the correctional institution or law enforcement official. For example, we may share your protected health information - for the institution to provide you with health care - to protect your health and safety or the health and safety of others; or - for the safety and security of the correctional institution and its staff. |
Other Ways We Are Allowed to Use and Provide Your Health Information to Others
People Involved in Your Care or Payment for Your Care. We may share your health information with a friend, family member, or another person identified by you who participates in your medical care or the payment of your medical care. If you are not present and certain circumstances indicate to us that it would be in your best interest to do so, we will share information with a friend or family member, to the extent necessary. This could include sharing information with your family or friend so that they could pick up a prescription or a medical supply. We may share medical information about you with an organization assisting in a disaster relief effort. We may also share information through MyCare Medical online portals with people you designate. If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
Permissible Disclosures to Law Enforcement. We may share your health information with a law enforcement official or authorized individual:
- In response to a court order, subpoena, warrant, summons, or similar process
- To identify or locate a suspect, fugitive, material witness, or missing person
- About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement
- About a death we believe may be the result of criminal conduct
- About criminal conduct at the hospital or in emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.
Exception to the Above. If you are a patient in a psychiatric/mental/behavioral health facility or drug and alcohol facility, additional authorization may be required to release your information, such as psychotherapy notes, outside of MyCare Medical. Subject to laws that allow certain minors to consent to medical treatment, this permission must come from your parents or legal guardians.
Authorizations for Other Uses and Disclosures. As described above, we will use your health information and disclose it outside of MyCare Medical for treatment, payment, and healthcare operations, and when required or permitted by law. We will not use or disclose your health information for other reasons without written authorization. You may revoke the authorization in writing at any time, but we cannot take back any uses or disclosures of your health information already made with your authorization.
YOUR RIGHTS
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
| Your Rights | Understanding Your Rights |
|---|---|
| GET AN ELECTRONIC OR PAPER COPY OF YOUR MEDICAL RECORD | You have the right to ask to see and request a copy of the health information maintained in your “designated records set” (as defined by HIPAA) – which includes medical and billing records about you and other records we use to make decisions about your care. This includes your right to request electronic access to your medical records or request to receive a copy of your electronic medical records in electronic form. MyCare Medical provides patient portals as one option for patients to electronically access their health information free of charge. We will provide a copy or summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee |
| TO ASK US TO CORRECT YOUR MEDICAL RECORD | If you feel that the health information we have about you is incorrect or incomplete, you may ask us to correct the information. You have the right to ask for a correction if the information is kept by or for MyCare Medical. You must put your request in writing and give it to your doctor or the place where you received care We cannot accept purely verbal requests. We may say “no” to your request, but we will tell you why in writing within 60 days. |
| TO GET A LIST OF THOSE WITH WHOM WE HAVE SHARED INFORMATION | You have the right to ask us for a list (accounting) of the times we’ve shared your health information. This right does not include information made available for treatment, payment, or health care operations, or made available when you have provided us with permission to do so. You must put your request in writing and give it to your doctor or the place where you received care. We are required to keep track of your shared information for six (6) years. If your information is used or maintained in an electronic health record you have a right to receive an accounting during the three years prior to the date on which the accounting is requested. We’ll provide one accounting a year for free but may charge a reasonable, cost-based fee if you ask for another one within 12 months. |
| TO ASK FOR LIMITS ON USE AND SHARING | You have the right to ask us to limit the health information we use or share with others about you for treatment, payment, or health care operations. You also have the right to ask us to limit health information that we share with someone who participates in your care or payment for your care, like a family member or friend. You can call your doctor’s office or the place where you received your care to get instructions on how to submit such a request. In your request, you must tell us 1) what information you want to limit; 2) whether you want to limit our use, disclosure, or both; and 3) the person or institution the limits apply to (for example, your spouse). For example, you could ask that we not use or share information about a surgery you had. You must put your request in writing and give it to your doctor or the place where you received your care. We are not required to agree to your request, and we may say “no” if it would affect your care. If we do agree to your request, we may still provide information, as necessary, to give you emergency treatment. If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless law requires us to share that information. |
| TO ASK FOR CONFIDENTIAL COMMUNICATIONS | You have the right to ask that we contact you about your health information in a certain way or at a certain location that you believe provides you with greater privacy. For example, you can ask that we contact you at work or by mail. Your request must state how or where you wish to be contacted. You do not need to provide a reason for your request. We will say “yes” to all reasonable requests. |
| A PAPER COPY OF THIS NOTICE | You may ask us to give you a copy of this Notice at any time. Even if you have agreed to receive this Notice electronically (for example, through the computer), you still have the right to a paper copy of this Notice. You can also get a copy of this Notice on our website. To obtain a paper copy of this Notice, contact your doctor’s office or the registration department of the place where you received care. |
VIOLATION OF PRIVACY RIGHTS
If a breach of your health information occurs at MyCare Medical or one of its Business Associates, you will be provided with written notification as required by the Health Insurance Portability and Accountability Act (HIPAA) and its regulations.
If you believe your privacy has been violated by us, you may file a confidential complaint directly with us. You can do this by contacting the MyCare Medical Director of Privacy and Risk:
Phone:813-536-7277 ext. 23269.
Email: Privacy@FEMGHoldings.com
Anonymously through our complaint line or website:
EthicsPoint hotline 844-915-1618
www.mycaremedicalgroup.ethicspoint.com
You also may file a complaint without any penalty with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with the Secretary of Health and Human Services, you must 1) name the MyCare Medical place or person that you believe violated your privacy rights and describe how that place or person violated your privacy rights; and 2) file the complaint within 180 days of when you knew or should have known that the violation occurred. All complaints to the Secretary of the U.S. Department of Health and Human Services must be in writing and addressed to:
Postal address: U.S. Department of Health and Human Services
200 Independence Ave. S.W.
Washington, DC 20201
Portal Website: https://www.hhs.gov/ocr/complaints/index.html
CHANGES TO THIS NOTICE
Periodically we must update this Notice, usually when the regulations change. We will post a copy of the revised Notice in the places where we provide medical services and on our website. We will make copies of our current notice available in all MyCare Medical facilities and on our corporate website. We encourage you to take and read a copy upon each visit to make sure you are aware of any recent changes.
Revision date(s): 08/02/2023
If you have any questions about this Notice, please contact your doctor or the place where you received care. You also may contact the Director of Privacy and Risk at 813-536-7277 ext. 23269.