RMC uses secure, HIPAA compliant email servers. We are confident in our ability to use this medium to communicate with our patients while also protecting your private health information. However, third parties may have access to email messages despite our best efforts. You should be aware that some companies consider email corporate property and your messages may be monitored if you communicate from work. Even when emailing from home, you may feel that access to your email is not well controlled, so you should take that into consideration. This office is not responsible for information loss or delay, or for breaches in confidentiality that are due to technical or other factors beyond our control. Use of email to communicate with RMC staff or physicians, or providing an email address to RMC staff or physicians, is considered tacit acceptance of this method of communication.
HOWEVER: Email is not an appropriate medium for emergency communications.
FIRST VISIT POLICY:
The first visit to our practice is not a guarantee of acceptance to our practice or establishment of a physician-patient relationship. It is to determine if the relationship is a good fit for both you and our practice. We maintain the right to decide whether a new patient is accepted to the practice.
RMC Notice of Privacy Practices
Effective Date: July 9, 2013
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.
If you have any questions about this Notice, please contact: Leslie Haber at 713-932-8664
Who Will Follow This Notice?
- Respiratory Medicine Consultants (“RMC”)
- RMC providers
- All RMC employees
We understand that medical information about you and your health is personal and are committed to protecting this information. When you receive care at RMC, a record of the care and services you receive is made. Typically, this record contains your treatment plan, history and physical, test results, and billing record. This record serves as a:
- Basis for planning your treatment and services;
- Means of communication among the physicians and other health care providers involved in your care;
- Means by which you or a third-party payor can verify that services billed were actually provided;
- Source of information for public health officials; and
- Tool for assessing and continually working to improve the care rendered.
This Notice tells you the ways we may use and disclose your Protected Health Information (referred to herein as “medical information”). It also describes your rights and our obligations regarding the use and disclosure of medical information.
Our Responsibilities: RMC shall:
- Make every effort to maintain the privacy of your medical information;
- Provide you with notice of our legal duties and privacy practices with respect to information we collect and maintain about you;
- Abide by the terms of this notice;
- Notify you if we are unable to agree to a requested restriction; and
- Accommodate reasonable requests you may have to communicate health information by alternative means or at alternative locations.
- RMC will notify you, and the Department of Health & Human Services, of any unauthorized acquisition, access, use or disclosure of your unsecured medical information that presents a low probability that your personal health information has been compromised, to the extent required by law. Unsecured medical information means medical information not secured by technology that renders the information unusable, unreadable, or indecipherable as required by law.
The Methods in Which We May Use and Disclose Medical Information about You.
The following categories describe different ways we may use and disclose your medical information. The examples provided serve only as guidance and do not include every possible use or disclosure.
- For Treatment. We will use and disclose your medical information to provide, coordinate, or manage your health care and any related service. For example, we may share your information with your primary care physician or other specialists to whom you are referred for follow-up care.
- For Payment. We will use and disclose medical information about you so that the treatment and services you receive may be billed and payment may be collected from you, an insurance company, or a third party. For example, we may need to disclose your medical information to a health plan in order for the health plan to pay for the services rendered to you.
- For Health Care Operations. We may use and disclose medical information about you for office operations. These uses and disclosures are necessary to run RMC in an efficient manner and provide that all patients receive quality care. For example, your medical records and health information may be used in the evaluation of services, and the appropriateness and quality of health care treatment. In addition, medical records are audited for timely documentation and correct billing.
- Appointment Reminders. We may use and disclose medical information in order to remind you of an appointment. For example, RMC may provide a written or telephone reminder that your next appointment with RMC is coming up.
- Research. Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the surgical outcome of all patients for whom one type of procedure is used to those for whom another procedure is used for the same condition. All research projects, however, are subject to a special approval process. Prior to using or disclosing any medical information, the project must be approved through this research approval process. We will ask for your specific authorization if the researcher will have access to your name, address, or other information that reveals who you are, or will be involved in your care.
- As Required by Law. We will disclose medical information about you when required to do so by federal or Texas laws or regulations.
- To Avert a Serious Threat to Health or Safety. We may use and disclose medical information about you to medical or law enforcement personnel when necessary to prevent a serious threat to your health and safety or the health and safety of another person.
- Sale of Practice. We may use and disclose medical information about you to another health care facility or group of physicians in the sale, transfer, merger, or consolidation of our practice.
- PLEASE NOTE: THIS OFFICE USES ELECTRONIC MEANS TO USE/DISCLOSE YOUR RECORDS AS DESCRIBED ABOVE.
When a Specific Release is Required From You:
- Psychotherapy Notes. RMC does not generate psychotherapy notes; however, if we did, release would require special authorization from you.
- Marketing. RMC does not use PHI for marketing; however, if we did, it would require special authorization from you.
- Sale of protected information. RMC does not sell your protected health information; however, if we did, it would require special authorization from you.
- Organ and Tissue Donation. If you have formally indicated your desire to be an organ donor, we may release medical information to organizations that handle procurement of organ, eye, or tissue transplantations.
- Military and Veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities.
- Workers’ Compensation. We may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.
- Qualified Personnel. We may disclose medical information for management audit, financial audit, or program evaluation, but the personnel may not directly or indirectly identify you in any report of the audit or evaluation, or otherwise disclose your identity in any manner.
- Public Health Risks. We may disclose medical information about you for public health activities. These activities generally include the following activities:
- To prevent or control disease, injury, or disability;
- To report reactions to medications or problems with products;
- To notify people of recalls of products they may be using;
- To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and
- To notify the appropriate government authority if we believe you have been the victim of abuse, neglect, or domestic violence.
All such disclosures will be made in accordance with the requirements of Texas and federal laws and regulations.
- Health Oversight Activities. We may disclose medical information to a health oversight agency for activities authorized by law. Health oversight agencies include public and private agencies authorized by law to oversee the health care system. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, eligibility or compliance, and to enforce health-related civil rights and criminal laws.
- Lawsuits and Disputes. If you are involved in certain lawsuits or administrative disputes, we may disclose medical information about you in response to a court or administrative order.
- Law Enforcement. We may release medical information if asked to do so by a law enforcement official:
- In response to a court order or subpoena; or
- If RMC determines there is a probability of imminent physical injury to you or another person, or immediate mental or emotional injury to you.
- Coroners, Medical Examiners and Funeral Directors. We may release medical information to a coroner or medical examiner when authorized by law (e.g., to identify a deceased person or determine the cause of death). We may also release medical information about patients to funeral directors.
- Inmates. If you are an inmate of a correctional facility, we may release medical information about you to the correctional facility for the facility to provide you treatment.
- Other Uses or Disclosures. Any other use or disclosure of PHI will be made only upon your individual written authorization. You may revoke an authorization at any time provided that it is in writing and we have not already relied on the authorization.
Your Rights Regarding Medical Information about You.
You have the following rights regarding medical information collected and maintained about you:
- Right to Inspect and Copy. You have the right to inspect and copy medical information that may be used to make decisions about your care. Usually, this includes medical and billing records.
To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to the Privacy Officer for RMC. If you request a copy of the information, RMC may charge a fee established by the Texas Medical Board for the costs of copying, mailing, or summarizing your records.
RMC may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Another licensed health care professional chosen by RMC will review your request and denial. The person conducting the review will not be the person who denied your request. RMC will comply with the outcome of the review.
- Right to Amend. If you feel that medical information maintained about you is incorrect or incomplete, you may ask RMC to amend the information. You have the right to request an amendment for as long as the information is kept by RMC.
To request an amendment, your request must be made in writing and submitted to RMC. In addition, you must provide a reason that supports your request.
RMC may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, RMC may deny your request if you ask us to amend information that:
- Was not created by RMC, unless the person or entity that created the information is no longer available to make the amendment;
- Is not part of the medical information kept by RMC;
- Is not part of the information which you would be permitted to inspect and copy; or
- Is accurate and complete.
- Right to an Accounting of Disclosures. You have the right to request an “accounting of disclosures.” This is a list of the disclosures made of your medical information for purposes other than treatment, payment, or health care operations.
To request this list you must submit your request in writing to Respiratory Medicine Consultants, 9337B Katy Frwy, Ste 267, Houston, Tx 77024 . Your request must state a time period, which may not be longer than six (6) years. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a 12-month period will be free. For additional lists within the 12-month period, you may be charged for the cost of providing the list. RMC will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.
- Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information RMC uses or discloses about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information RMC discloses about you to someone who is involved in your care or the payment for your care.
RMC is not required to agree to your request, unless the request pertains solely to a healthcare item or service for which RMC has been paid out of pocket in full. Should RMC agree to your request, RMC will comply with your request unless the information is needed to provide you emergency treatment.
To request restrictions you must make your request in writing to RMC. In your request, you may indicate: (1) what information you want to limit; (2) whether you want to limit RMC’s use and/or disclosure; and (3) to whom you want the limits to apply.
- Right to Request Confidential Communications. You have the right to request that RMC communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that RMC contact you only at work or by mail.
To request that RMC communicate in a certain manner, you must make your request in writing to the Privacy Officer. You do not have to state a reason for your request. RMC will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.
- Right to opt out of fundraising.You may opt out of receiving fundraising communications from RMC.
- Right to restrict information released to your insurance company.If you pay for all services in full and out of pocket, you may request that RMC not disclose any information about that service to an insurance company. The request must be in writing and must specifically identify what information is to be restricted and what insurance company is not to receive it.
Changes to This Notice.
We reserve the right to change our practices and to make the new provisions effective for all PHI we maintain. Should our information practices change, we will post the amended Notice of Privacy Practices in our office and on our website. You may request that a copy be provided to you by contacting the Privacy Officer .
If you believe your privacy rights have been violated, you may file a complaint with RMC or with the Office for Civil Rights, U.S. Department of Health and Human Services. To file a complaint with RMC, contact the Privacy Officer at 713-932-8664. Your complaint must be filed within 180 days of when you knew or should have known that the act occurred. The address for the Office of Civil Rights is:
Secretary of Health & Human Services
Region VI, Office for Civil Rights
U.S. Department of Health and Human Services
1301 Young Street, Suite 1169
Dallas, TX 75202
All complaints should be submitted in writing.
You will NOT be penalized for filing a complaint.
NOTICE OF PATIENT RIGHTS AND RESPONSIBILITIES
This document is meant to inform our patients of their rights and responsibilities while they are undergoing medical care. To the extent permitted by law, patient rights may be delineated on behalf of the patient to his or her guardian, next of kin, or legally authorized responsible person if the patient: a) has been adjudicated incompetent in accordance with the law, b) is found to be medically incapable of understanding the proposed treatment or procedure, c) is unable to communicate his or her wishes regarding treatment, or d) is a minor. If there are any questions regarding the contents of this notice, please notify any staff member.
1. Access to Care. You will be provided with impartial access to treatment and services within this practice’s capacity and availability and in keeping with applicable laws and regulations. This is true regardless of race, creed, sex, national origin, religion, disability or handicap, or source of payment for care or services.
2. Respect and Dignity. You have the right to considerate, respectful care and services at all times and under all circumstances. This includes recognition of psychosocial, spiritual, and cultural variables that may influence the perception of your illness.
3. Privacy and Confidentiality. You have the right, within the law, to personal and informational privacy. This includes the right to:
- Be interviewed and examined in surroundings that ensure reasonable privacy
- Have a person of your own sex present during a physical examination or treatment
- Not remain disrobed any longer than is required for accomplishing treatment or services
- Request transfer to another treatment room if a visitor is unreasonably disturbing
- Expect that any discussion or consultation regarding care will be conducted discreetly
- Expect all written communications pertaining to care to be treated as confidential
- Expect medical records to be read only by individuals directly involved in care, quality-assurance activities, or the processing of insurance claims. No other persons will have access without your written authorization.
4. Personal Safety. You have the right to expect reasonable safety regarding the practice’s procedures and environment.
5. Identity. You have the right to know the identity and professional status of any person providing services and which physician or other practitioner is primarily responsible for your care.
6. Information. You have the right to obtain complete and current information concerning your diagnosis (to the degree known), your treatment, and any known prognosis. This information should be communicated in terms that you understand.
7. Communication. If you do not speak or understand the predominant language of the community, you should have access to an interpreter. This is particularly true when language barriers are a continuing problem.
8. Consent. You have the right to information that enables you, in collaboration with the physician, to make treatment decisions.
- Consent discussions will include an explanation of the condition, the risks and benefits of treatment, as well as the consequences of no treatment.
- Except in the case of incapacity or life-threatening emergency, you will not be subjected to any procedure unless you provide voluntary, written consent.
- You will be informed if the practice proposes to engage in research or experimental projects affecting its care or services. If it is your decision not to take part, you will continue to receive the most effective care the practice otherwise provides.
9. Consultation. You have the right to accept or refuse medical care to the extent permitted by law. However, if refusing treatment prevents the practice from providing appropriate care in accordance with ethical and professional standards, your relationship with this practice may be terminated upon reasonable notice.
10. Charges. Regardless of the source of payment for care provided, you have the right to request and receive itemized and detailed explanations of any billed services.
11. Rules and Regulations. You will be informed of the practice’s rules and regulations concerning your conduct as a patient at this facility. You are further entitled to information about the initiation, review, and resolution of patient complaints.
1. Keep Us Accurately Informed. You have the responsibility to provide, to the best of your knowledge, accurate and complete information about your present complaints, past illnesses, hospitalizations, medications, and other matters relating to your health, including unexpected changes in your condition.
2. Follow Your Treatment Plan. You are responsible for following the treatment plan recommended by the physician. This may include following the instructions of health care personnel as they carry out the coordinated plan of care, implement the physician’s orders, and enforce the applicable practice rules and regulations.
3. Keep Your Appointments. You are responsible for keeping appointments and, when unable to do so for any reason, for notifying this practice.
4. Take Responsibility for Noncompliance. You are responsible for your actions if you do not follow the physician’s instructions. If you cannot follow through with the prescribed treatment plan, you are responsible for informing the physician.
5. Be Responsible for Your Financial Obligations. You are responsible for ensuring that the financial obligations of health care services are fulfilled as promptly as possible and for providing up-to-date insurance information.
6. Be Considerate of Others. You are responsible for being considerate of the rights of other patients and personnel and for assisting in the control of noise, smoking, and the number of visitors. You also are responsible for being respectful of practice property and property of other persons visiting the practice.
7. Be Responsible for Lifestyle Choices. Your health depends not just on the care provided at this facility but on the long-term decisions you make in daily life. You are responsible for recognizing the effects of these decisions on your health.
For a printable version of our HIPAA policy, click here.
For a pdf of RMC’s HIPAA acknowledgment form, click here.