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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 THIS
POLICY CAREFULLY.
Purpose of This Notice
This notice tells you about how we use and disclose your medical information. It
tells you about your rights and our responsibilities to protect the privacy of
your medical information. It also tells you how to complain to us, or the
government if you believe that we have violated any of your rights or any of
our responsibilities.
We are required by law to maintain the privacy of your medical information. We
must give you a copy of this notice and get your signature that you have
received it. We must follow the terms of this notice that are currently in
effect.
We will tell you if we change this notice. A copy of the revised notice will be
available upon request or posted at our location or on our website. We may
change our practices and those changes may apply to medical information we
already have about you as well as any new information.
This notice will be given to you on the date that you first engage in a
relationship with Aperture Health, Inc.
History
On August 21, 1996, the Health Insurance Portability and Accountability Act,
known as HIPAA, was signed into law. HIPAA impacts all areas of the health care
industry and is designed to provide insurance portability, to improve the
efficiency of health care by standardizing the exchange of administrative and
financial data, and to protect the privacy, confidentiality and security of
health care data. The various provisions of HIPAA are enforced via rules
promulgated by the U.S. Department of Health and Human Services ("HHS").
Currently, HHS has issued final rules with respect to transaction and code
standards and health care data privacy procedures. HHS has also issued a
proposed rule addressing technical and procedural security standards whose
purpose is to protect patient health care information.
In general, the HIPAA regulations apply to health care providers, health
insurance companies, and health care clearinghouses as well as certain business
associates of such covered entities. While Aperture Health, Inc. (Aperture Health) is not a
"covered entity" under HIPAA, we understand that the HIPAA privacy rule
mandates that some customers (who are covered entities) obtain specific
assurances from Aperture Health related to the protection and maintenance of protected
health information under HIPAA. Aperture Health appreciates the challenges that HIPAA
will impose on our customers and we stand ready to give our customers assurance
that Aperture Health will be vigilant in its protection of health care data and
intends to fulfill its obligations under HIPAA.
Policy
Aperture Health's policy is to observe all existing state and federal laws and
regulations relating to the transmission, storage, and access to records and
other health care data, and to maintain the security and confidentiality of
patient-specific information. Therefore, Aperture Health constantly takes steps to
ensure compliance with HIPAA well in advance of the compliance dates for
covered entities.
Aperture Health's administrative, technical and physical safeguards are designed to
maintain the integrity and confidentiality of our members' data. These
safeguards, as well as all Aperture Health policies, are continually reviewed analyzed
and updated as part of Aperture Health's ongoing commitment to protect the privacy of
our members' data and to comply with HIPAA and all applicable laws.
How We Use or Disclose Your Medical Information
At Aperture Health, the confidentiality of our members' data is a fundamental concern,
and as such, we have established numerous technological and administrative
procedures in order to protect such data. The Aperture Health information system has a
number of security mechanisms designed to permit only the authorized parties to
access to the data available via website.com.
For Services
We will use medical information about you to provide you with treatment and
services. We may share this information with members of our provider network or
with others involved in your care such as doctors, nurses, or health care
facilities.
For Payment
We may use or disclose your medical information to bill and collect payment from
your employer for the services we provide to you. For example, we may need to
inform your employer that services provided by a Aperture Health provider have been
performed and as such, either you or Aperture Health are eligible for reimbursement by
your employer.
Operations
We may use or disclose your medical information for operational purposes. For
example, we may use your medical information to evaluate our services. We may
also use this information to learn how to continually improve the quality and
effectiveness of our providers and the services you receive.
Common Disclosures for Treatment, Payment or Health Care Operations
Your name and address may be used to send you patient satisfaction surveys.
We may contact you by telephone or by mail at your home or your office to remind
you of an appointment you have with one of our providers. We may leave messages
for you. If you want us to contact you in a certain way or at a certain
location, see "Rights to Receive Confidential Communications" in this notice.
These are some services that are provided for us by our business associates such
as accountants, consultants and attorneys. Whenever we share information with
our business associates we have a written contract with them that requires that
they protect the privacy of your medical information.
Other Use and Disclosures of Your Medical Information
Newsletter or Healthcare Information - Your name, address, and/or email
address may be added to a mailing list of flexPLUS members in order to inform
you of important medical information relating to Aperture Health's services. If you do
not want to receive these communications, please notify our Designee in
writing.
Treatment Alternatives - We may use and disclose medical information
about you to tell you about other health care services available you. If you do
not want to receive these communications, please notify Designee in writing.
Health Related Benefits and Services - We may use and disclose medical
information about you to tell you about other health care benefits or services
that may interest you. If you do not want to receive these communications,
please notify Designee in writing.
Third-Party Research - We may use and disclose medical, diet and
exercise information to any third-party. The information will be stripped of
all information that could allow for the identity of the member. For example, a
member's records will only contain, birth date, general geographic location and
related information. The member's name, address, phone number and any
identifying information will be removed from all records to which third-party
access is provided.
Individuals Involved in Your Care - We may disclose medical information
about you to healthcare providers to whom you have provided authorized access
to your information. At no time will Aperture Health divulge any of your information
without your express authorization.
Use or Disclosures That Are Required or Permitted by Law
Disaster Relief - We may use or disclose medical information about you
assist in disaster relief efforts. We may need to notify family members or
others or your location, general condition or death in case of a natural or
man-made disaster.
Required by Law - We may use or disclose medical information about you
when the law requires us to do so.
Communicable Diseases - We may disclose your medical information to a
person who may have been exposed to an infectious disease or who is at risk of
spreading the disease or condition.
Public Health Activities - We may disclose medical information about
you for public health activities to prevent or control disease.
Victims of Abuse, Neglect or Domestic Violence - We may disclose
medical information about you to a government agency if we believe you are the
victim of abuse, neglect or domestic violence.
Health Oversight Activities - We may disclose medical information about you to a
health oversight agency.
Food and Drug Administration - We may disclose medical information
about you to monitor drugs or devices controlled by the Food and Drug
Administration.
Legal Activities - We may disclose medical information about you in
response to a court proceeding, in response to a subpoena or other legal
process.
Disclosures for Law Enforcement Purposes - We may disclose medical
information about you to law enforcement officials for law enforcement
purposes:
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As required by law
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In response to a court order or other legal proceeding
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To identify or locate a suspect, fugitive, material witness or missing person.
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When information is requested about an actual or suspected victim of a crime.
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To report a death as a result of possible criminal conduct.
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About crimes that occur on our premises.
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To report a crime in emergency circumstances.
Funeral Directors, Coroners and Medical Examiners - We may disclose
medical information about you as needed to allow these people to do their jobs.
Organ Donation - We may disclose medical information about you to organ
procurement organizations if you are an organ donor.
Workers' Compensation - We may disclose medical information about you
to comply with workers' compensation laws that provide benefits for
work-related injuries or illnesses.
Public Health or Safety - We may use or disclose medical information
about you if we believe it is necessary to prevent a threat to the health or
safety of a person or the general public.
Military - If you are a member of the Armed Forces, we may use and
disclose medical information about you to your military command.
National Security and Intelligence - We may disclose medical
information about you to authorized federal officials for national security and
intelligence activities.
Security Clearance - We may use medical information about you for a
required security clearance.
Inmates - We may disclose medical information about you to a
correctional institution or law enforcement official who has custody of you.
Research - We may disclose your medical information to researchers
under certain limited circumstances.
Uses or Disclosures That Do Not Require Your Authorization
Other uses and disclosures may be without your written authorization. However,
the information will not contain any information that would allow a third-party
to identify the member. An example of use or disclosure would be a request to
provide certain medical information to a drug company for marketing purposes.
Your Rights
The information contained in your health or medical record is the physical
property of Aperture Health, Inc. The information in it belongs to you. You have the
following rights:
Right to Request Restrictions - You have the right to ask us not to use
or disclose your medical information for a particular reason related to
treatment, payment or our operations.
You may ask that family members or other individuals not be informed of specific
medical information. That request must be made in writing to our Designee. We
do not have to agree to your request. If we agree to your request, we must keep
the agreement, except in the case of a medical emergency. Either you can stop a
restriction at any time.
Right to Receive Confidential Communications - You have the right to
ask that we communicate with you in a certain way or at a certain place. If you
want to request confidential communications the request must be made in writing
to our Designee. We must agree to your request if it is reasonable.
Right to Inspect and Copy Your Medical Information - You have the right
to ask to inspect and obtain a copy of your medical information. You must
submit your request in writing to our Designee. If you request a copy of the
information or we provide you with a summary of the information we may charge a
fee for the costs of copying, summarizing and/or mailing it to you.
If we agree to your request we will tell you. We may deny your request under
certain limited circumstances. If your request is denied, we will let you know
in writing and you may be able to request a review of our denial.
Right to Request Amendments to Your Medical Information - All the
medical information in your records are only provided by your providers our
yourself. As such, any corrections may only be made by your. If you believe
that any medical information in your record is incorrect or that important
information is missing due to Aperture Health, Inc., you must submit your request for
an amendment in writing to our Designee.
We do not have to agree to your request. If we deny your request we will tell
you why. You have the right to submit a statement disagreeing with our
decision. We may deny your request if we determine that the information:
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Was not created by us
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Is not part of the medical information that we maintain
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Is in records that you are not allowed to inspect and copy
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Is already accurate or complete
Right To An Accounting of Disclosure of Health Information - You have
the right to find out what disclosure of your medical information has been
made. The list of disclosures is called an accounting. The accounting may be
for up to six years prior to the date on which you request the accounting, but
can not include disclosures made before April 14, 2003.
We are not required to include disclosure for treatment, payment or healthcare
operations or certain other exceptions. Requests for an accounting of
disclosure must be submitted in writing to our Designee. You are entitled to
one free accounting in any twelve month period. We may charge you for the cost
of providing additional accountings. If there will be a charge we will notify
you in advance.
Right To Obtain a Copy of the Notice - You have the right to ask for
and get a paper copy of this notice and any revisions we make to the notice at
any time.
Complaints
You have the right to complain to us and to the United States Secretary of
Health and Human Services if you believe we have violated your privacy rights.
There is no risk involved if you file a complaint.
To file a complaint with us, contact by phone or by mail:
Marty Higgins, (Designee)
27201 Puerta Real, Suite 350
Mission Viejo, CA 92691
(949) 609-1966
To file a complaint with the United States Secretary of Health ad Human Services
send your complaint to him or her in care of:
Office of Civil Rights
U.S. Department of Health and Human Services
200 Independence Ave, SW
Washington, D.C. 20201
Questions and Information
If you have any questions or want more information about this Notice of Privacy
Practices, please contact:
Marty Higgins, (Designee)
27201 Puerta Real, Suite 350
Mission Viejo, CA 92691
(949) 609-1966
Contact us by mail with written requests for information as defined under the
Your Rights section of this notice. Complaints or questions may be made by
phone or in writing.
The current effective date of this Privacy Notice is: August 1, 2004
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