NOTICE OF PRIVACY PRACTICES

Quita Lopez MD
6081 N. First Street, Suite 101
Fresno, CA 93710
PRIVACY OFFICER (559) 440-9024

EFFECTIVE DATE: APRIL 14, 2003

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.

We understand the importance of privacy and are committed to maintaining the confidentiality of your medical information. We make a record of the medical care we provide and may receive such records from others. We use these records to provide or enable other health care providers to provide quality medical care, to obtain payment for services provided to you as allowed by your health plan and to enable us to meet our professional and legal obligations to operate this medical practice properly. We are required by law to maintain the privacy practices with respect to protected health information. This notice describes how we may use and disclose your medical information. It also describes your rights and our legal obligations with respect to your medical information IF you have any questions about the NOTICE; please contact our Privacy Officer listed above.

A. HOW THIS MEDICAL PRACTICE MAY USE OR DISCLOSE YOUR HEALTH INFORMATION.

This medical practice collects health information about you and stores in it a chart and on a computer. This is your medical record. The medical record is the property of this medical practice, but the information in the medical record belongs to you. The law permits us to use or disclose your health information for the following purposes:

1. TREATMENT: We use medical information about you to provide your medical care. We disclose medical information to our employees and others who are involved in providing the care you need. For example, we may share your medical information with other physicians or other health care providers who will provide services, which we do not provide. Or we may share this information with a pharmacist who needs to dispense a prescription to you, or a laboratory that performs a test. We may also disclose medical information to members of your family or others who can help you when you are incapable.

2. HEALTH CARE OPERATIONS: We may use and disclose medical information about you to operate this medical practice. For example, we may use and disclose this information to review and improve the quality of care we provide, or the competence and qualifications of our professional staff. Or we may use and disclose this information to get your health plan to authorize services or referrals. We may also use and disclose this information as necessary for medical reviews legal services and audits, including fraud and abuse detection and compliance programs and business planning and management. We may also share your medical information with our billing services that perform administrative services for us. We have a written contract confidentiality of your medical information. Although federal law does not protect health information, which is disclosed to someone other than another healthcare provider, health plan or healthcare clearinghouse, under California law all recipients of health care information are prohibited from re-disclosing it except as specifically required or permitted clearinghouses or health plans that have a relationship with you, when they request this information to help them with their quality assessment and improvement activities, their accreditation, certification or licensing activities, or their health care fraud and abuse detection and compliance efforts.

3. APPOINTMENT REMINDERS: We may use and disclose medical information to contact and remind you about appointments. If you are not home, we may leave this information on your answering machine or in a message left with the person answering the phone.

4. SIGN IN SHEET: We may use and disclose medical information about you by having you sign in when you arrive at our office. We may also call out your name when we are ready to see you.

5. NOTIFICATION AND COMMUNICATION WITH FAMILY: We may disclose your health information to notify or assist in notifying a family member, your personal representative or another person responsible for your care about your location, your general condition or in the event of your death. In the event of a disaster, we may disclose information to a relief organization so that they may coordinate these notification efforts. We may also disclose information to someone who is involved with your care or helps pay for your care. If you are able and available to agree or object prior to making these disclosures, although we may disclose this information in a disaster ever over your objection if we believe it is necessary to respond to the emergency circumstances. If you are unable or unavailable to agree or object, our health professions will use their best judgment in communication with your family and others.

6. MARKETING: We may contact you to give you information about products or services related to your treatment, case management or care coordination, or to direct or recommend other treatments or health-related benefits and services that may be of interest to you, or to provide you with small gifts. We may also encourage you to purchase a product or service when we see you. We will not use or disclose your medical information without your written authorization.

7. REQUIRED BY LAW: As required by law, we will use and disclose your health information, but we will limit our use or disclosure to the relevant requirements of the law. When the law requires us to report enforcement officials, we will further comply with the requirement set forth below concerning those activities.

8. PUBLIC HEALTH: We may, and are sometimes required by law to disclose your health information to public health authorities for purpose related to preventing or controlling disease, injury or disability; reporting child, elder or depended adult abuse or neglect; reporting domestic violence; reporting to the Food and Drug Administration problems with products and reactions to medications; and reporting disease or infection exposure. When we report suspected elder or depended abuse or domestic violence, we will inform you or your personal representative promptly unless in our best professional judgment, we believe the notification would place you are risk of serious harm our would require informing a personal representative we believe is responsible for abuse or harm.

9. HEALTH OVERSIGHT ACTIVITIES: We may, and are sometimes required by law to disclose your health information to health oversight agencies during the course of audits, investigations, inspections, licensure and other proceedings, subject to the limitations imposed by federal and California Law.

10. JUDICIAL AND ADMINISTRATIVE PROCEEDINGS: We may, and are sometimes required by law, to disclose your health information in the course of any administrative or judicial proceeding to the extent expressly authorized by a court or administrative order. We may also disclose information about you in response to a subpoena, discovery request or other lawful process in reasonable efforts have been made to notify you of the request and you have not objected, or if your objections have been resolved by a court or administrative order.

11. LAW ENFORCEMENT: We may, and are sometimes required by law, to disclose your health information to a law enforcement official for purpose such as identifying of locating a suspect, fugitive, material witness or missing person, complying with a court order, warrant, grand jury subpoena and other law enforcement purpose.

12. CORONERS: We may, and are often required by law to disclose your health information to coroners in connection with their investigation of deaths.

13. ORGAN OR TISSUE DONATION: We may disclose your health information to organizations involved in procuring, banking or general public.

14. PUBLIC SAFETY: We may, and are sometimes required by law, to disclose your health information to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a particular person or the general public.

15. SPECIALIZED GOVERNMENT FUCTIONS: We may disclose your health information for military or national security purpose or to correctional institutions or law enforcement officers that have you in their lawful custody.

16. WORKERS COMPENSATION: We may disclose your health information as necessary to comply with worker's compensation laws. For example, to the extent your care is covered by workers compensation, we will make periodic reports to your employer about your condition. We are also required by law to report cases of occupational injury or occupational illness to the employer or workers compensation insurer.

17. CHANGE OF OWNERSHIP: in the even that this medical practice is sold or merged with another organization, your health information/record will become the property of the new owner, although will maintain the right to request that copies of your health information be transferred to another physician or medical group.

B. WHEN THIS MEDICAL PRACTICE MAY NOT USE OR DISCLOSE YOUR HEALTH INFORMATION.

Except as described in this Notice of Privacy Practices, this medical practice will not use or disclose health information, which identifies you without your written authorization. If you do authorize this medical practice to use or disclose your health information for another purpose, you may revoke your authorization in writing at any time.

C. YOUR HEALTH INFORMATION RIGHTS:

1. RIGHT TO REQUEST SPECIAL PRIVACY PROTECTIONS: You have the right to request restrictions on certain uses and disclosures of your health information, by a written request specifying what information you want to limit and what limitations on our use or disclosure of that information you wish to have imposed. We reserve the right to accept or reject your request, and will notify you of our decision

2. RIGHT TO REQUEST CONFIDENTIAL COMMUNICATIONS: You have the right to request that you receive your health information in a specific way or at a specific location. For example, you may ask that we send information to a particular e-mail account or to your work address. We will comply with all reasonable request submitted in writing which specify how or where you wish to receive these communications.

3. RIGHT TO INSPECT AND COPY: You have the right to inspect and copy your health information, with limited expectations. To access your medical information, you must submit a written request detailing what information you want to access to and whether you want to inspect it or get a copy of it. We will charge a reasonable fee, as allowed by California law. We may deny your request under limited circumstances. If we deny your request to access your child's records because we believe allowing access would be reasonably likely to cause substantial harm to your child, you will have the right to appeal our decision. If we deny your request to access your psychotherapy notes, you will have the right to have them transferred to another mental health professional.

4. RIGHT TO AMEND OR SUPPLEMENT: You have the right to request that we amend your health information that you believe is incorrect or incomplete. You must make a request to amend in writing, and include the reasons you believe the information is inaccurate or incomplete. We are bit required to change your health information, and will provide you with information about this medical practice's denial and how you can disagree with the denial. We may deny your request if we do not have the information, if we did not create the information (unless the person or entity that created the information is no longer available to make the amendment), if you would not be permitted to inspect or copy the information at issue, or if the information is accurate and complete as is. You also have the right to request that we all to your record a statement of up to 250 words concerning any statement or item you believe to be incomplete or incorrect.

5. RIGHT TO AN ACCOUNTING OR DISCLOSURES: You have the right to receive an accounting of disclosures of your health information made by this medical practice, expect that this medical practice does not have to account for the disclosures provided to you or pursuant to your written authorization, or as described in paragraph 1 (treatment), 2 (healthcare operations), 5 (notification and communication with family) and 15 (specialized government functions) of Section A of this Notice of Privacy Practices or disclosures for purpose of research or public health which exclude direct patient identifiers, or which are incident to use or disclosure otherwise permitted or authorized by law, or the disclosures to a health oversight agency or law enforcement official to that providing this accounting would be reasonably likely to impede their activities.

6. You have the right to a paper copy of this Notice of Privacy Practices, even if you have previously requested its receipt by email. If you would like to have a more detailed explanation of these rights or if you would like to exercise one or more of these rights, contact our Privacy Officer listed at the top of this Notice of Privacy Practices.

D. CHANGES TO THIS NOTICE OF PRIVACY PRACTICES:

We reserve the right to amend this Notice of Privacy Practices at any time in the future. Until, such amendment is made, we require by law to comply with this notice. After amendment is made, the revised Notice of Privacy Protections will apply to all protected health information that we maintain, regardless of when it was created or received. We will keep a copy of the current notice posted in our reception area, and will offer you a copy of the current notice posted in our reception area, and will offer you a copy at each appointment.

E. COMPLAINTS:

Complaints about this notice of Privacy Practices or how this medical practice handles your health information should be directed to our Privacy Officer listed at the top of this notice of Privacy Practices.

If you are not satisfied with the manner in which this office handles a complaint, you may submit a formal complaint to:

Department of Health and Human Services
Office of Civil Rights
Huber H. Humphrey Building
200 Independence Avenue, S.W.
Room 509F HHH Building
Washington, DC 20201

You will not be penalized for filing a complaint.

Policy and Procedure
Grievance Procedure Form

Name:______________________________________ Date: _____________

Date of Incident: _______________

PLEASE EXPLAIN IN YOUR OWN WORDS WHAT HAPPENED AND WHO WAS INVOLVED.
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

Reviewed By: ______________________ Date: __________________________

Dr. Notified:________________________ Date: ______________________

OUTCOME:
____________________________________________________________________ ____________________________________________________________________

Patient's Rights:

Dr. Quita Lopez and medical staff have adopted the following list of patient's rights.

1. These rights will be exercised without regard to gender, cultural, economic, educational, religious background, or the source of payment for the patients care.

2. The patient will be provided with considerate respectful care.

3. The patient will be told the names of the physician who has primary responsibility for coordination of his/her care and the names of professional relationship of other physicians who will see the patient.

4. The patient will receive information from the physician about his or her course of treatment, and prospect for recovery in terms that he or she can understand.

5. The patient will receive as much information about any proposed treatment or procedure that he/she may need to have in order to give informed consent or to refuse. Except in emergencies, this information shall include a description of the procedure or treatment, medically significant risks involved, and the name of the person who will carry out the procedure or treatment.

6. The patient will actively participate in decisions regarding his/her medical care to the extent permitted by law. This includes the right to be advised as to the reason for the presence of any individual.

7. The patient will be given full consideration of privacy concerning his/her medical care program. Case discussion, consultation, examination and treatment are confidential and will be conducted discreetly. The patient has the right to be advised as to the reason of presence of any individual.

8. Confidential treatment of all communications and records pertaining to his/her care and stay at the ALC. The patient's written permission shall be obtained before his/her medical records can be made available to anyone not directly concerned with the patients care.

9. The patient will receive a reasonable response to any reasonable request for service that he/she may make.

10. The patient is permitted to leave the ALC even against the advice of his/her physician.

11. The patient will be given reasonable continuity of care and will be able to know in advance the time and location of appointments as well as physician providing the care.

12. The patient will be advised if the ALC or personnel proposed to engage in or perform human experimentation affecting the patient's treatment. The patient has the right to refuse to participate in such research projects.

13. The patient will be informed by his/her physician or a delegate of the physician of his/her continuing health care requirements after discharge of ALC.

14. The patient will be able to examine and receive an explanation of his/her bill regardless of the payment.

15. The patient will be informed about which ALC rules and policies apply to his/her conduct as a patient.

16. The patient will have the right to apply to the person who has legal responsibility to make decisions regarding medical care on behalf of the patient.

Patients Responsibilities:
Participate in, and follow agreed-upon plan of care
Fully participate in decisions involving their own health care.
Cooperate with physician and ask questions if not understating instructions or information.
Provide information with a complete and accurate history of illness, hospitalizations, medications, and other matters related to your health.
Notify facility if there is a problem or dissatisfaction with care or services.
Treat personnel with respect, consideration, and dignity.
Give timely notice when canceling an appointment.

Privacy Policy Statement

PURPOSE:

The following privacy policy is adopted to ensure that this medical practice complies fully with all federal and state privacy protection laws and regulations. Protection of a patient privacy is a paramount importance to this organization. Violations of any of these provisions will result in severe disciplinary action including termination of employment and possible referral for criminal prosecution.

EFFECTIVE DATE:

This policy is in effect as of April 14, 2003.

It is the policy of this medical practice that we will adopt, maintain and comply with our Notice of Privacy Practices, which shall be consistent with HIPPA and California law.

NOTICE OF PRIVACY PRACTICES:

It is the policy of this medical practice that a notice of privacy practices must be published, that this notice be provided to all subject individuals at the first patient encounter if possible, and that all uses and disclosures of protected health information be done accord with this organization's notice of privacy practices. It is the policy of this medical practice to post the most current notice of privacy practices in our “waiting room” area, and to have copies available for distribution at our reception desk.

ASSIGNING PRIVACY AND SECURITY RESPONSIBILITIES:

It is the policy of this medical practice that specific individuals within our workforce and assigned the responsibility of implementing and maintaining the HIPPA Privacy and Security Rule's requirements. Furthermore, it is the policy of this medical practice that these individuals will be provided sufficient resources and authority to fulfill their responsibilities. At a minimum it is the policy of this medical practice that there will be one individual or job description designated as the Privacy Official.

DECEASED INDIVIDUALS:

It is the policy of this medical practice that privacy protections extend to information concerning deceased individuals.

MINIMUM NECESSARY USE & DISCLOSURE OF PROTECTED HEALTH INFORMATION:

It is the policy of this medical practice that for all routine and recurring uses and disclosures of PHI (except for uses or disclosures made) 1) for treatment purposes, 2) to or as authorized by the patient or 30 as required by law for HIPPA compliance such use and disclosures of protected health information must be limited to the minimum amount of information needed to accomplish the purpose of the use or disclosure. It is also the policy of this medical practice that non-routine uses and disclosures will be handled pursuant to established criteria. It is also the policy of this organization that all request for protected health information (except as specified above) must be limited to the minimum amount of information needed to accomplish the purpose of the request.

COMPLAINTS:

It is the policy of this medical practice that all complaints relating to the protection of health information be investigated and resolved in a timely fashion. Furthermore, it is the policy of this medical practice that all complaints will be addressed to the Privacy Official who is on duly authorized to investigate complaints and implement resolutions if the complaint stems from a valid area of non-compliance with the HIPPA Privacy and Security Rule.

PROHIBITED ACTIVITIES-NO RETALIATION OR INTIMIDATION

It is the policy of this medical practice that no employee or contractor may engage in any intimidating or retaliatory acts against persons who file complaints or otherwise exercise their rights under HIPPA regulations. It is also the policy of this organization that no employee or contractor may condition treatment, payment, enrollment or eligibility for benefits on the provision of an authorization to disclose protected health information except as expressly authorized under the regulations.

RESPONSIBILITY:

It is the policy of this medical practice that the responsibility for designing and implementing procedures to implement this policy lies with the Privacy Official.

VERIFICATION OF IDENTITY:

It is the policy of this medical practice that the identity of all persons who request access to protected health information is verified before such access is granted.

MITIGATION:

It is the policy in this medical practice that the effects of any unauthorized use or disclosure of protected health information be mitigated to the extent possible.

SAFEGUARDS:

It is the policy of this medical practice that appropriate physical safeguards will be in place to reasonably safeguard protected health information from any intentional or unintentional use or disclosure that is in violation of the HIPPA Privacy Rule. These safeguards will include physical protection of premises and PHI, technical protection of PHI maintained electronically and administrative protection. These safeguards will extend to the oral communication of PHI. These safeguards will extend to PHI that is removed from this organization.

BUSINESS ASSOCIATES:

It is the policy of this medical practice that business associates must be contractually bound to protect health information to the same degree as set forth in this policy. It is also the policy of this organization that business associated who violate their agreement will be dealt with first by an attempt to correct the problem, and if that fails by termination of the agreement and discontinuation of services by the business associate.

TRAINING AND AWARENESS:

It is the policy of this medical practice that all members of our workforce have been trained by the compliance date on the policies and procedures governing protected health information and how this medical proactive complies with the HIPPA Privacy and Security Rules. It is also the policy of this medical practice that new members of our workforce receive training on these matters within a reasonable time after they have joined the workforce. It is the policy of this medical practice to provide training should any policy or procedure related to HIPPA Privacy and Security Rules materially change. This training will be provided within a reasonable time after the policy or procedure materially changes. Furthermore, it is the policy of this medical practice that training will be documented indicating participants, date and subject matter.

MATERIAL CHANGES:

It is the policy of this medical practice that the term “medical change” for the purpose of these policies is any change in our HIPPA compliance activities.

SANCTIONS:

It is the policy of this medical practice that sanctions will be in effect for any member of the workforce who intentionally or unintentionally violates any of these policies or any procedures related to the fulfillment of these policies. Such sanctions will be recorded in the individual's personal file.

RETENTION OF RECORDS:

It is the policy of this medical practice that the HIPPA Privacy Rule records retention requirement of six years will be strictly adhered to. All records designated by HIPPA in this retention requirement will be maintained in a manner that allows for access within a reasonable period of time. This records retention time requirement may be extended at this organization's discretion to meet with other governmental regulation or those requirements imposed by our professional liability carrier.

REGULATORY CURRENCY:

It is the policy of this medical practice to remain current in our compliance program with HIPPA regulations.

COOPERATION WITH PROVACY OVERSIGHT AUTHORITIES:

It is the policy of this medical practice that oversight agencies such as the officer for Civil Rights of the Department of Health and Human Services be giving full support and cooperation in their efforts to ensure the protection of health information within this organization. It is also the policy of this organization that all personnel must cooperate fully with all privacy compliance reviews and investigations.

MARKETING ACTIVITIES:

It is the policy of this medical practice that any uses or disclosures of protected health information for marketing activities will be done only after a valid authorization is in effect. It is the policy of this organization to consider marketing any communication to purchase or use a product or service where an arrangement exists in exchange for direct or indirect remuneration, or where this organization encourages purchase or use of a product or service. This organization does not consider the communication of alternate forms of treatment, or the use of products and services in treatment to be marketing. Further, this organization adheres to the HIPPA Privacy Rule that a face-to-face communication made by us to the patient, or a promotional gift of nominal value given to the patient does not require Authorization.

PSYCHOTHERAPY NOTES:

It is the policy to require and authorization for any use or disclosure of psychotherapy notes as defined in the HIPPA regulations, except for treatment, payment or health care operations as follows:

  1. Use by originator for treatment;
  2. Use of disclosure in defense of a legal action brought by the individual whose records are in issue.
  3. Use for training physicians or other mental health professionals as authorized by the regulations;
  4. Use of disclosures as required by law, or authorized by law to enable health oversight agencies to oversee the originator of the psychotherapy notes.