{"id":3,"date":"2020-12-26T14:03:57","date_gmt":"2020-12-26T14:03:57","guid":{"rendered":"https:\/\/www.thedentalexpress.com\/?page_id=3"},"modified":"2021-11-19T19:37:07","modified_gmt":"2021-11-19T19:37:07","slug":"privacy-policy","status":"publish","type":"page","link":"https:\/\/www.thedentalexpress.com\/privacy-policy\/","title":{"rendered":"Privacy Policy"},"content":{"rendered":"\t\t
Our dental office must not use or disclose protected health information (PHI), except as these Privacy Policies & Procedures permit or require.<\/p>
Our dental office will make a good faith effort to obtain a written acknowledgement of receipt of our Notice of Privacy Practices (see Section 9) from a patient before we use or disclose his or her protected health information (PHI) for treatment, to obtain payment for that treatment, or for our healthcare operations (TPO).<\/p>
Our dental office\u2019s use or disclosure of PHI for our payment activities and healthcare operations may be subject to the minimum necessary requirements (see Section 7).<\/p>
Our dental office will become familiar with our state\u2019s privacy laws. If required by our state law, or as directed by the dentist, we will also seek Consent from a patient before we use or disclose PHI for TPO purposes \u2014 in addition to obtaining an Acknowledgement of receipt of our Notice of Privacy Practices.<\/p>
a) Obtaining Consent \u2014 If consent is to be obtained, upon the individual\u2019s first visit as a patient (or next visit if already a patient), our dental office will request and obtain the patient\u2019s written Consent for our use and disclosure of the patient\u2019s PHI for treatment, payment, and healthcare operations.<\/p>
Any consent we obtain must be on our Consent form, which we may not alter in any way. Our dental office will include the signed Consent form in the patient\u2019s chart.<\/p>
b) Exceptions \u2014 Our dental office does not have to obtain the patient\u2019s Consent in emergency treatment situations; when treatment is required by law; or when communications barriers prevent Consent.<\/p>
c) Consent Revocation \u2014 A patient from whom we obtain consent may revoke it at any time by written notice. Our dental office will include the revocation in the patient\u2019s chart. There is space at the bottom of our Consent form where the patient can revoke the consent.<\/p>
d) Applicability \u2014 Consent for use or disclosure of PHI should not be confused with informed consent for dental treatment. This section applies to our practice:<\/p>
In some cases we must have proper, written Authorization from the patient (or the patient\u2019s personal representative) before we use or disclose a patient\u2019s PHI for any purpose (except for TPO purposes) or as permitted or required without consent or authorization (see Sections 3, 4, or 5).<\/p>
Our dental office will use the Authorization form. We will always act in strict accordance with an Authorization.<\/p>
a) Authorization Revocation \u2014 A patient may revoke an authorization at any time by written notice. Our dental office will not rely on an Authorization we know has been revoked.<\/p>
b) Authorization from Another Provider \u2014 Our dental office will use or disclose PHI as permitted by a valid Authorization we receive from another healthcare provider.<\/p>
Our dental office may rely on that covered entity to have requested only the minimum necessary protected PHI. Therefore, our dental office will not make our own \u201cminimum necessary\u201d determination, unless we know that the Authorization is incomplete, contains false information, has been revoked, or has expired.<\/p>
c) Authorization Expiration \u2014 Our dental office will not rely on an Authorization we know has expired.<\/p>
Our dental office may use or disclose a patient\u2019s PHI with the patient\u2019s Oral Agreement or if the patient is unavailable subject to all applicable requirements.<\/p>
Our dental office may use professional judgment and our experience with common practice to make reasonable inferences of the patient\u2019s best interest in allowing a person to act on behalf of the patient to pick up dental\/medical supplies, X-rays, or other similar forms of PHI.<\/p>
Our dental office may use or disclose a patient\u2019s PHI in certain situations, without Authorization or Oral Agreement. In our dental office, these disclosures are not likely to be frequent.<\/p>
a) Verification of Identity \u2014 Our dental office will always verify the identity of any patient, and the identity and authority of any patient\u2019s personal representative, government or law enforcement official, or other person, unknown to us, who requests PHI before we will disclose the PHI to that person.\u00a0Our dental office will obtain appropriate identification and, if the person is not the patient, evidence of authority. Examples of appropriate identification include photographic identification card, government identification card or badge, and appropriate document on government letterhead. Our dental office will document the incident and how we responded.<\/span><\/p> b) Uses or Disclosures Permitted under this Section 5 \u2014 The situations in which our dental office is permitted to use or disclose PHI in accordance with the procedures set out in this Section 5 are listed below.<\/p> Our dental office may disclose a patient\u2019s PHI to that patient on request.<\/p> Our dental office may disclose to a patient\u2019s personal representative PHI relevant to the representative capacity. We will not disclose to a personal representative we reasonably believe may be abusive to a patient any PHI we reasonably believe may promote or further such abuse.<\/p> Our dental office will not use or disclose a patient\u2019s PHI for fundraising purposes without the patient\u2019s Authorization.<\/p> Our dental office will not use or disclose PHI for marketing without a patient\u2019s Authorization unless the marketing is in the form of a promotional gift of nominal value that we provide, or face-to-face communications between us and the patient.<\/p> Our dental office may use or disclose PHI in the following types of situations, provided procedures specified in the Privacy Rules are followed:<\/p> Our dental office will disclose protected health information (PHI) to a patient (or to the patient\u2019s personal representative) to the extent that the patient has a right of access to the PHI (see Section 10); and to the U.S. Department of Health and Human Services (HHS) on request for complaint investigation or compliance review.<\/p> Our dental office will use the disclosure log to document each disclosure we make to HHS.<\/p> Our dental office will make reasonable efforts to disclose, or request of another covered entity, only the minimum necessary protected health information (PHI) to accomplish the intended purpose.<\/p> There is no minimum necessary requirement for: disclosures to or requests by one another in our dental office or by a healthcare provider for treatment; permitted or required disclosures to, or for disclosures requested and authorized by, a patient; disclosures to HHS for compliance reviews or complaint investigations; disclosures required by law; or uses or disclosures required for compliance with the HIPAA Administrative Simplification Rules.<\/p> Our dental office will obtain satisfactory assurance in the form of a written contract that our Business Associates will appropriately safeguard and limit their use and disclosure of the protected health information (PHI) we disclose to them. These Business Associate requirements are not applicable to our disclosures to a healthcare provider for treatment purposes. The Business Associate Contract Terms document contains the terms that federal law requires be included in each Business Associate Contract.<\/p> Breach by Business Associate \u2014 If our dental office learns that a Business Associate has materially breached or violated its Business Associate Contract with us, we will take prompt, reasonable steps to see that the breach or violation is cured.<\/p> If the Business Associate does not promptly and effectively cure the breach or violation, we will terminate our contract with the Business Associate, or if contract termination is not feasible, report the Business Associate\u2019s breach or violation to the U.S.<\/p> \u00a0<\/p> Notice of Privacy Practices<\/strong><\/p> Our dental office will maintain a Notice of Privacy Practices as required by the Privacy Rules.<\/p> Form 1, Notice of Privacy Practices, found in this Privacy Kit, contains the terms that federal law requires.<\/p> Practices to any person who requests it, and to each patient no later than the date of our first service delivery after April 14, 2003.<\/p> Our dental office will have our Notice of Privacy Practices available for patients to take with them. We will also post our Notice of Privacy Practices in a clear and prominent location where it is reasonable to expect patients seeking service from us will be able to read the Notice.<\/p> Our dental office shall use Form 2, Acknowledgement of Receipt of Notice of Privacy Practices, found in this Privacy Kit, to obtain the Acknowledgement. If we cannot obtain written Acknowledgement from the patient, we will use the form to document our attempt and the reason why written Acknowledgement was not signed by the patient.<\/p> Our dental office will honor the rights of patients regarding their PHI.<\/p> No PHI will be withheld from a patient seeking access unless we confirm that the information may be withheld according to the Privacy Rules. We may offer to provide a<\/p> summary of the information in the chart. The patient must agree in advance to receive a summary and to any fee we will charge for providing the summary. Our dental office will contact our Business Associates to retrieve any PHI they have on the patient.<\/p> Our dental office may deny a request to amend PHI or records if: (a) we did not create the information (unless the patient provides us a reasonable basis to believe that the originator is not available to act on a request to amend); (b) we believe the information is accurate and complete; or (c) we do not have the information. Our dental office will follow all procedures required by the Privacy Rules for denial or approval of amendment requests. We will not, however, physically alter or delete existing notes in a patient\u2019s chart. We will inform the patient when we agree to make an amendment, and we will contact our Business Associates to help assure that any PHI they have on the patient is appropriately amended. We will contact any individuals whom the patient requests we alert to any amendment to the patient\u2019s PHI. We will also contact any individuals or entities of which we are aware that we have sent erroneous or incomplete information and who may have acted on the erroneous or incomplete information to the detriment of the patient.<\/p> When we deny a request for an amendment, we will mark any future disclosures of the contested information in a way acknowledging the contest.<\/p> our dental office made of their PHI within the 6 years prior to their request. Each disclosure we make, that is not for treatment payment or healthcare operations, must be documented showing the date of the disclosure, what was disclosed, the purpose of the disclosure, and the name and (if known) address of each person or entity to whom the disclosure was made. The Authorization or other documentation must be included in the patient\u2019s record. We use the patient\u2019s chart to track each disclosure of PHI as needed to enable us to fulfill our obligation to account for these disclosures.<\/p> We are not required to account for disclosures we made: (a) before April 14, 2003; (b) to the patient (or the patient\u2019s personal representative); (c) to or for notification of persons involved in a patient\u2019s healthcare or payment for healthcare; (d) for treatment, payment, or healthcare operations; (e) for national security or intelligence purposes; (f) to correctional institutions or law enforcement officials regarding inmates; (g) according to an Authorization signed by the patient or the patient\u2019s representative; or (h) incident to another permitted or required use or disclosure.<\/p> We will temporarily suspend the accounting of any disclosure when requested to do so pursuant according to the Privacy Rules by health oversight agencies or law enforcement officials. We may charge for any accounting that is more frequent than every 12 months, provided the patient is informed of the fee before the accounting is provided. We will contact our Business Associates to assure we include in the accounting any disclosures made by them for which we must account.<\/p> office to restrict use or disclosure of their PHI, including for treatment, payment, or healthcare operations. We have no obligation to agree to the request, but if we do, we will comply with our agreement (except in an appropriate dental\/medical emergency).<\/p> We may terminate an agreement restricting use or disclosure of PHI by a written notice of termination to the patient. We will contact our Business Associates whenever we agree to such a restriction to inform the Business Associate of the restriction and its obligations to abide by the restriction. We will document in the patient\u2019s chart any such agreed to restrictions.<\/p> means or alternative locations when communicating PHI to them. Our dental office will accommodate a patient\u2019s request for such alternative communications if the request is reasonable and in writing.<\/p> Our dental office will inform the patient of our decision to accommodate or deny such a request. If we agree to such a request, we will inform our Business Associates of the agreement and provide them with the information necessary to comply with the agreement.<\/p> Training \u2014 Our dental office will train all members of our workforce in these Privacy Policies & Procedures, as necessary and appropriate for them to carry out their functions. We will complete the privacy training of our existing workforce by April 14, 2003. After April 14, 2003, our dental office will train each new staff member within a reasonable time after the member starts. We will also retrain each staff member whose functions are affected either by a material change in our Privacy Policies and Procedures or in the member\u2019s job functions, within a reasonable time after the change.<\/p> Form 7, Staff Review of Policies and Procedures, can be used to have workforce members acknowledge they have received and read a copy of these Policies and Procedures.<\/p> ? Discipline and Mitigation \u2014 Our dental office will develop, document, disseminate, and implement appropriate discipline policies for staff members who violate our Privacy Policies & Procedures, the Privacy Rules, or other applicable federal or state privacy law. Staff members who violate our Privacy Policies & Procedures, the Privacy Rules or other applicable federal or state privacy law will be subject to disciplinary action, possibly up to and including termination of employment.<\/p> The Complaint form can be used by the patient to lodge the complaint. Each complaint received must be referred to management immediately for investigation and resolution. We will not retaliate against any patient or workforce member who files a Complaint in good faith.<\/p> Our dental office will take reasonable steps to limit incidental uses and disclosures of PHI made according to an otherwise permitted or required use or disclosure.<\/p> Our dental office will comply with the privacy laws of each state that has jurisdiction over\u00a0our practice, or its actions involving protected health information (PHI), that provide\u00a0<\/span>greater protections or rights to patients than the Privacy Rules.<\/span><\/p> HEALTH INFORMATION PRIVACY POLICIES & PROCEDURES<\/b><\/p> Our dental office will give the U.S. Department of Health and Human Services (HHS)\u00a0access to our facilities, books, records, accounts, and other information sources (including\u00a0<\/span>individually identifiable health information without patient authorization or notice) during\u00a0<\/span>normal business hours (or at other times without notice if HHS presents appropriate lawful\u00a0<\/span>administrative or judicial process).\u00a0<\/span>We will cooperate with any compliance review or complaint investigation by HHS, while\u00a0<\/span>preserving the rights of our practice.<\/span><\/p> Our dental office will designate a Privacy Officer and other responsible persons as required by the Privacy Rules.<\/p><\/div><\/div><\/div>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":" Privacy & Disclaimer HEALTH INFORMATION PRIVACY POLICIES & PROCEDURES General Rule: No Use or Disclosure Our dental office must not use or disclose protected health information (PHI), except as these Privacy Policies & Procedures permit or require. Acknowledgement and Optional Consent Our dental office will make a good faith effort to obtain a written acknowledgement […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"insurance.php","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/www.thedentalexpress.com\/wp-json\/wp\/v2\/pages\/3"}],"collection":[{"href":"https:\/\/www.thedentalexpress.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.thedentalexpress.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.thedentalexpress.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thedentalexpress.com\/wp-json\/wp\/v2\/comments?post=3"}],"version-history":[{"count":31,"href":"https:\/\/www.thedentalexpress.com\/wp-json\/wp\/v2\/pages\/3\/revisions"}],"predecessor-version":[{"id":4295,"href":"https:\/\/www.thedentalexpress.com\/wp-json\/wp\/v2\/pages\/3\/revisions\/4295"}],"wp:attachment":[{"href":"https:\/\/www.thedentalexpress.com\/wp-json\/wp\/v2\/media?parent=3"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Required Disclosures<\/strong><\/h3>
Minimum Necessary<\/strong><\/h3>
Business Associates<\/strong><\/h3>
HEALTH INFORMATION PRIVACY POLICIES & PROCEDURES<\/strong><\/h3>
Department of Health and Human Services (HHS).<\/strong><\/h2>
HEALTH INFORMATION PRIVACY POLICIES & PROCEDURES<\/h3>
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