Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT
CAREFULLY.
INTRODUCTION
At Premier Performance and Physical Therapy, we are committed to treating and protecting
your medical information. The creation of a medical record detailing the care and services you
receive helps us provide you with quality health care.
This Notice of Privacy Practices describes how we may use and disclose your protected health
information to carry out treatment, payment or health care operations and for other purposes
that are permitted or required by law. It also describes your rights to access and control your
protected health information. “Protected health information” is information about you,
including demographic information, that may identify you and that relates to your past, present
or future physical or mental health or condition and related health care services.
We are required to abide by the terms of this Notice of Privacy Practices. We may change the
terms of our notice, at any time. The new notice will be effective for all protected health
information that we maintain at that time. Upon your request, we will provide you with any
revised Notice of Privacy Practices. You may request a revised version by accessing our website,
or calling the office and requesting that a revised copy be sent to you in the mail or asking for
one at the time of your next appointment.
1. USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
Your protected health information may be used and disclosed by your physical therapist, our
office staff and others outside of our office who are involved in your care and treatment for
providing health care services to you. Your protected health information may also be used and
disclosed to pay your health care bills and to support the operation of your physical therapist’s
practice.
Following are examples of the types of uses and disclosures of your protected health
information that your physical therapist’s office is permitted to make. These examples are not
meant to be exhaustive, but to describe the types of uses and disclosures that may be made by
our office.
Treatment: We will use and disclose your protected health information to provide, coordinate,
or manage your health care and any related services. This includes the coordination or
management of your health care with another provider. For example, we would disclose your
protected health information, as necessary, to a home health agency that provides care to you.
We will also disclose protected health information to other physicians who may be treating you.
For example, your protected health information may be provided to a physician to whom
you have been referred to ensure that the physician has the necessary information to diagnose
or treat you. In addition, we may disclose your protected health information from time-to-time
to another physician or health care provider (e.g., a specialist or laboratory) who, at the request
of your physician, becomes involved in your care by providing assistance with your health care
diagnosis or treatment to your physician.
Payment: Your protected health information will be used and disclosed, as needed, to obtain
payment for your health care services provided by us or by another provider. This may include
certain activities that your health insurance plan may undertake before it approves or pays for
the health care services we recommend for you such as: making a determination of eligibility or
coverage for insurance benefits, reviewing services provided to you for medical necessity, and
undertaking utilization review activities. For example, obtaining approval for a hospital stay
may require that your relevant protected health information be disclosed to the health plan to
obtain approval for the hospital admission.
Health Care Operations: We may use or disclose, as needed, your protected health information
to support the business activities of your physical therapist’s practice. These activities include,
but are not limited to, quality assessment activities, employee review activities, training of
medical students, licensing, fundraising activities, and conducting or arranging for other
business activities.
We will share your protected health information with third party “business associates” that
perform various activities (for example, billing or transcription services) for our practice.
Whenever an arrangement between our office and a business associate involves the use or
disclosure of your protected health information, we will have a written contract that contains
terms that will protect the privacy of your protected health information.
We may use or disclose your protected health information, as necessary, to provide you with
information about treatment alternatives or other health-related benefits and services that
may be of interest to you. You may contact our Privacy Officer to request that these materials
not be sent to you.
We may use or disclose your demographic information and the dates that you received
treatment from your physical therapist, as necessary, to contact you for fundraising activities
supported by our office. If you do not want to receive these materials, please contact Premier
Performance and Physical Therapy to request that these fundraising materials not be sent to
you.
Other Permitted and Required Uses and Disclosures That May Be Made Without Your
Authorization or Opportunity to Agree or Object:We may use or disclose your protected health
information in the following situations without
your authorization or providing you the opportunity to agree or object. These situations
include:
Required By Law: We may use or disclose your protected health information to the extent that
the use or disclosure is required by law. The use or disclosure will be made in compliance with
the law and will be limited to the relevant requirements of the law. You will be notified, if
required by law, of any such uses or disclosures.
Public Health: We may disclose your protected health information for public health activities
and purposes to a public health authority that is permitted by law to collect or receive the
information. For example, a disclosure may be made for the purpose of preventing or
controlling disease, injury or disability.
Communicable Diseases: We may disclose your protected health information, if authorized by
law, to a person who may have been exposed to a communicable disease or may otherwise be
at risk of contracting or spreading the disease or condition.
Health Oversight: We may disclose protected health information to a health oversight agency
for activities authorized by law, such as audits, investigations, and inspections. Oversight
agencies seeking this information include government agencies that oversee the health care
system, government benefit programs, other government regulatory programs and civil rights
laws.
Abuse or Neglect: We may disclose your protected health information to a public health
authority that is authorized by law to receive reports of child abuse or neglect. In addition, we
may disclose your protected health information if we believe that you have been a victim of
abuse, neglect or domestic violence to the governmental entity or agency authorized to receive
such information. In this case, the disclosure will be made consistent with the requirements of
applicable federal and state laws.
Food and Drug Administration: We may disclose your protected health information to a person
or company required by the Food and Drug Administration for the purpose of quality, safety, or
effectiveness of FDA-regulated products or activities including, to report adverse events,
product defects or problems, biologic product deviations, to track products; to enable product
recalls; to make repairs or replacements, or to conduct post marketing surveillance, as
required.
Legal Proceedings: We may disclose protected health information in the course of any judicial
or administrative proceeding, in response to an order of a court or administrative tribunal (to
the extent such disclosure is expressly authorized), or in certain conditions in response to a
subpoena, discovery request or other lawful process.Law Enforcement: We may also disclose
protected health information, so long as applicable
legal requirements are met, for law enforcement purposes. These law enforcement purposes
include (1) legal processes and otherwise required by law, (2) limited information requests for
identification and location purposes, (3) pertaining to victims of a crime, (4) suspicion that
death has occurred as a result of criminal conduct, (5) in the event that a crime occurs on the
premises of our practice, and (6) medical emergency (not on our practice’s premises) and it is
likely that a crime has occurred.
Coroners, Funeral Directors, and Organ Donation: We may disclose protected health
information to a coroner or medical examiner for identification purposes, determining cause of
death or for the coroner or medical examiner to perform other duties authorized by law. We
may also disclose protected health information to a funeral director, as authorized by law, in
order to permit the funeral director to carry out their duties. We may disclose such information
in reasonable anticipation of death. Protected health information may be used and disclosed
for cadaveric organ, eye or tissue donation purposes.
Research: We may disclose your protected health information to researchers when their
research has been approved by an institutional review board that has reviewed the research
proposal and established protocols to ensure the privacy of your protected health information.
Criminal Activity: Consistent with applicable federal and state laws, we may disclose your
protected health information, if we believe that the use or disclosure is necessary to prevent or
lessen a serious and imminent threat to the health or safety of a person or the public. We may
also disclose protected health information if it is necessary for law enforcement authorities to
identify or apprehend an individual.
Military Activity and National Security: When the appropriate conditions apply, we may use or
disclose protected health information of individuals who are Armed Forces personnel (1)for
activities deemed necessary by appropriate military command authorities; (2) for the purpose
of a determination by the Department of Veterans Affairs of your eligibility for benefits, or (3)
to foreign military authority if you are a member of that foreign military services. We may also
disclose your protected health information to authorized federal officials for conducting
national security and intelligence activities, including for the provision of protective services to
the President or others legally authorized.
Workers’ Compensation: We may disclose your protected health information as authorized to
comply with workers’ compensation laws and other similar legally- established programs.
Inmates: We may use or disclose your protected health information if you are an inmate of a
correctional facility and your physical therapist created or received your protected health
information in the course of providing care to you.
Uses and Disclosures of Protected Health Information Based upon Your Written Authorization:
Other uses and disclosures of your protected health information will be made only with your
written authorization, unless otherwise permitted or required by law as described below. You
may revoke this authorization in writing at any time. If you revoke your authorization, we will
no longer use or disclose your protected health information for the reasons covered by your
written authorization. Please understand that we are unable to take back any disclosures
already made with your authorization.
Other Permitted and Required Uses and Disclosures That Require Providing You the
Opportunity to Agree or Object:
We may use and disclose your protected health information in the following instances. You
have the opportunity to agree or object to the use or disclosure of all or part of your protected
health information. If you are not present or able to agree or object to the use or disclosure of
the protected health information, then your physical therapist may, using professional
judgment, determine whether the disclosure is in your best interest.
Facility Directories: Unless you object, we will use and disclose in our facility directory your
name, the location at which you are receiving care, your general condition (such as fair or
stable), and your religious affiliation. All of this information, except religious affiliation, will be
disclosed to people that ask for you by name. Your religious affiliation will be only given to a
member of the clergy, such as a priest or rabbi.
Others Involved in Your Health Care or Payment for your Care: Unless you object, we may
disclose to a member of your family, a relative, a close friend or any other person you identify,
your protected health information that directly relates to that person’s involvement in your
health care. If you are unable to agree or object to such a disclosure, we may disclose such
information as necessary if we determine that it is in your best interest based on our
professional judgment. We may use or disclose protected health information to notify or assist
in notifying a family member, personal representative or any other person that is responsible
for your care of your location, general condition or death. Finally, we may use or disclose your
protected health information to an authorized public or private entity to assist in disaster relief
efforts and to coordinate uses and disclosures to family or other individuals involved in your
health care.
2. YOUR RIGHTS
Following is a statement of your rights with respect to your protected health information and a
brief description of how you may exercise these rights.
You have the right to inspect and copy your protected health information. This means you may
inspect and obtain a copy of protected health information about you for so long as we maintain
the protected health information. You may obtain your medical record that contains medical
and billing records and any other records that your physical therapist and the practice uses
formaking decisions about you. As permitted by federal or state law, we may charge you a
reasonable copy fee for a copy of your records.
Under federal law, however, you may not inspect or copy the following records: psychotherapy
notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or
administrative action or proceeding; and laboratory results that are subject to law that
prohibits access to protected health information. Depending on the circumstances, a decision
to deny access may be reviewable. In some circumstances, you may have a right to have this
decision reviewed. Please contact our Privacy Officer if you have questions about access to your
medical record.
You have the right to request a restriction of your protected health information. This means
you may ask us not to use or disclose any part of your protected health information for the
purposes of treatment, payment or health care operations. You may also request that any part
of your protected health information not be disclosed to family members or friends who may
be involved in your care or for notification purposes as described in this Notice of Privacy
Practices. Your request must state the specific restriction requested and to whom you want the
restriction to apply.
Your physical therapist is not required to agree to a restriction that you may request. If your
physical therapist does agree to the requested restriction, we may not use or disclose your
protected health information in violation of that restriction unless it is needed to provide
emergency treatment. With this in mind, please discuss any restriction you wish to request with
your physical therapist. You may request a restriction by providing the request in writing to
Premier Performance and Physical Therapy.
You have the right to request to receive confidential communications from us by alternative
means or at an alternative location. We will accommodate reasonable requests. We may also
condition this accommodation by asking you for information as to how payment will be handled
or specification of an alternative address or other method of contact. We will not request an
explanation from you as to the basis for the request. Please make this request in writing to
Premier Performance and Physical Therapy.
You may have the right to have your physical therapist amend your protected health
information. This means you may request an amendment of protected health information
about you in a designated record set for so long as we maintain this information. In certain
cases, we may deny your request for an amendment. If we deny your request for amendment,
you have the right to file a statement of disagreement with us and we may prepare a rebuttal
to your statement and will provide you with a copy of any such rebuttal. Please contact Premier
Performance and Physical Therapy if you have questions about amending your medical record.
You have the right to receive an accounting of certain disclosures we have made, if any, of your
protected health information. This right applies to disclosures for purposes other than
treatment, payment or health care operations as described in this Notice of Privacy Practices.
It excludes disclosures we may have made to you if you authorized us to make the disclosure, for
a facility directory, to family members or friends involved in your care, or for notification
purposes, for national security or intelligence, to law enforcement (as provided in the privacy
rule) or correctional facilities, as part of a limited data set disclosure. You have the right to
receive specific information regarding these disclosures that occur. The right to receive this
information is subject to certain exceptions, restrictions and limitations.
You have the right to obtain a paper copy of this notice from us, upon request, even if you have
agreed to accept this notice electronically.
3. COMPLAINTS
You may complain to us or to the Secretary of Health and Human Services if you believe your
privacy rights have been violated by us. You may file a complaint with us by notifying our
Privacy Officer of your complaint. We will not retaliate against you for filing a complaint.
If you have any questions about the complaint process or require additional information, please
contact Premier Performance and Physical Therapy at 407-720-4236 or at
PremierPerformPT@gmail.com.
4. RIGHT TO PROVIDE AN AUTHORIZATION FOR OTHER USES AND DISCLOSURES
Our practice will obtain your written authorization for uses and disclosures that are not
identified by this notice or permitted by applicable law. Any authorization you provide to us
regarding the use and disclosure of your PHI may be revoked at any time in writing. After you
revoke your authorization, we will no longer use or disclose your PHI for the reasons described
in the authorization. Please note: we are required to retain records of your care.
Again, if you have any questions regarding this Notice or our health information privacy
policies, please contact Premier Performance and Physical Therapy at 407-720-4236 or at
PremierPerformPT@gmail.com