This Privacy Notice is being provided to you as a requirement of a federal law, the Health Insurance Portability and Accountability Act (HIPAA). This Privacy Notice 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 in some cases. Your "protected health information" means any written and oral health information about you, including demographic data that can be used to identify you. This is health information that is created or received by your health care provider, and that relates to your past, present or future physical or mental health or condition.
I. Uses and Disclosures of Protected Health Information
Advanced Surgical Institute may use your protected health information for purposes of providing treatment, obtaining payment for treatment, and conducting health care operations. Your protected health information may be used or disclosed only for these purposes unless the facility has obtained your authorization or the use or disclosure is otherwise permitted by the HIPAA privacy regulations or state law. Disclosures of your protected health information for the purposes described in this Privacy Notice may be made in writing, orally, electronically or by facsimile.
A. 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 a third party for treatment purposes. For example, we may disclose your protected health information to a pharmacy to fill a prescription or to a laboratory to order a blood test. We may also disclose protected health information to physicians who may be treating you or consulting with the facility with respect to your care. In some cases, we may also disclose your protected health information to an outside treatment provider for purposes of the treatment activities of the other provider.
B. Payment. Your protected health information will be used, as needed, to obtain payment for the services that we provide. This may include certain communications to your health insurance company to get approval for the procedure that we have scheduled. For example, we may need to disclose information to your health insurance company to get prior approval for the surgery. We may also disclose protected health information to your health insurance company to determine whether you are eligible for benefits or whether a particular service is covered under your health plan. In order to get payment for the services we provide to you, we may also need to disclose your protected health information to your health insurance company to demonstrate the medical necessity of the services or, as required by your insurance company, for utilization review. We may also disclose patient information to another provider involved in your care for the other provider’s payment activities. This may include disclosure of demographic information to anesthesia care providers for payment of their services.
C. Operations. We may use or disclose your protected health information, as necessary, for our own health care operations to facilitate the function of the ASC and to provide quality care to all patients. Health care operations include such activities as: quality assessment and improvement activities, employee review activities, training programs including those in which students, trainees, or practitioners in health care learn under supervision, accreditation, certification, licensing or credentialing activities, review and auditing, including compliance reviews, medical reviews, legal services and maintaining compliance programs, and business management and general administrative activities.
In certain situations, we may also disclose patient information to another provider or health plan for their health care operations.
D. Other Uses and Disclosures. As part of treatment, payment and health care operations, we may also use or disclose your protected health information for the following purposes: to remind you of your surgery date, to inform you of potential treatment alternatives or options, to inform you of health-related benefits or services that may be of interest to you.
II. Uses and Disclosures Beyond Treatment, Payment, and Health Care Operations Permitted Without Authorization or Opportunity to Object
Federal privacy rules allow us to use or disclose your protected health information without your permission or authorization for a number of reasons including the following:
A. When Legally Required. We will disclose your protected health information when we are required to do so by any federal, state or local law.
B. When There Are Risks to Public Health. We may disclose your protected health information for the following public activities and purposes:
• To prevent, control, or report disease, injury or disability as permitted by law.
• To report vital events such as birth or death as permitted or required by law.
• To conduct public health surveillance, investigations and interventions as permitted or required by law.
• To collect or report adverse events and product defects, track FDA regulated products, enable product recalls, repairs or replacements to the FDA and to conduct post marketing surveillance.
• To notify a person who has been exposed to a communicable disease or who may be at risk of contracting or spreading a disease as authorized by law.
• To report to an employer information about an individual who is a member of the workforce as legally permitted or required.
C. To Report Suspected Abuse, Neglect Or Domestic Violence. We may notify government authorities if we believe that a patient is the victim of abuse, neglect or domestic violence. We will make this disclosure only when specifically required or authorized by law or when the patient agrees to the disclosure.
D. To Conduct Health Oversight Activities. We may disclose your protected health information to a health oversight agency for activities including audits; civil, administrative, or criminal investigations, proceedings, or actions; inspections; licensure or disciplinary actions; or other activities necessary for appropriate oversight as authorized by law. We will not disclose your health information under this authority if you are the subject of an investigation and your health information is not directly related to your receipt of health care or public benefits.
E. In Connection With Judicial And Administrative Proceedings. We may disclose your protected health information in the course of any judicial or administrative proceeding in response to an order of a court or administrative tribunal as expressly authorized by such order. In certain circumstances, we may disclose your protected health information in response to a subpoena to the extent authorized by state law if we receive satisfactory assurances that you have been notified of the request or that an effort was made to secure a protective order.
F. For Law Enforcement Purposes. We may disclose your protected health information to a law enforcement official for law enforcement purposes as follows:
• As required by law for reporting of certain types of wounds or other physical injuries.
• Pursuant to court order, court-ordered warrant, subpoena, summons or similar process.
• For the purpose of identifying or locating a suspect, fugitive, material witness or missing person.
• Under certain limited circumstances, when you are the victim of a crime.
• To a law enforcement official if the facility has a suspicion that your health condition was the result of criminal conduct.
• In an emergency to report a crime.
G. To Coroners, Funeral Directors, and for Organ Donation. We may disclose protected health information to a coroner or medical examiner for identification purposes, to determine 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.
H. For Research Purposes. We may use or disclose your protected health information for research when the use or disclosure for research has been approved by an institutional review board that has reviewed the research proposal and research protocols to address the privacy of your protected health information.
I. In the Event of a Serious Threat to Health or Safety. We may, consistent with applicable law and ethical standards of conduct, use or disclose your protected health information if we believe, in good faith, that such use or disclosure is necessary to prevent or lessen a serious and imminent threat to your health or safety or to the health and safety of the public.
J. For Specified Government Functions. In certain circumstances, federal regulations authorize the facility to use or disclose your protected health information to facilitate specified government functions relating to military and veterans activities, national security and intelligence activities, protective services for the President and others, medical suitability determinations, correctional institutions, and law enforcement custodial situations.
K. For Worker's Compensation. The facility may release your health information to comply with worker's compensation laws or similar programs.
III. Uses and Disclosures Permitted without Authorization but with Opportunity to Object
We may disclose your protected health information to your family member or a close personal friend if it is directly relevant to the person’s involvement in your surgery or payment related to your surgery. We can also disclose your information in connection with trying to locate or notify family members or others involved in your care concerning your location, condition or death.
You may object to these disclosures. If you do not object to these disclosures or we can infer from the circumstances that you do not object or we determine, in the exercise of our professional judgment, that it is in your best interests for us to make disclosure of information that is directly relevant to the person’s involvement with your care, we may disclose your protected health information as described.
IV. Uses and Disclosures which you Authorize
Other than as stated above, we will not disclose your health information other than with your written authorization. You may revoke your authorization in writing at any time except to the extent that we have taken action in reliance upon the authorization.
V. Your Rights
You have the following rights regarding your health information:
A. The right to inspect and copy your protected health information. You may inspect and obtain a copy of your protected health information that is contained in a designated record set for as long as we maintain the protected health information. A “designated record set” contains medical and billing records and any other records that your surgeon and the facility uses for making decisions about you.
Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and protected health information that is subject to a law that prohibits access to protected health information. Depending on the circumstances, you may have the right to have a decision to deny access reviewed.
We may deny your request to inspect or copy your protected health information if, in our professional judgment, we determine that the access requested is likely to endanger your life or safety or that of another person, or that it is likely to cause substantial harm to another person referenced within the information. You have the right to request a review of this decision.
To inspect and copy your medical information, you must submit a written request to the Privacy Officer whose contact information is listed on the last page of this Privacy Notice. If you request a copy of your information, we may charge you a fee for the costs of copying, mailing or other costs incurred by us in complying with your request.
Please contact our Privacy Officer if you have questions about access to your medical record.
B. The right to request a restriction on uses and disclosures of your protected health information. You may ask us not to use or disclose certain parts of your protected health information for the purposes of treatment, payment or health care operations. You may also request that we not disclose your health information to family members or friends who may be involved in your care or for notification purposes as described in this Privacy Notice. Your request must state the specific restriction requested and to whom you want the restriction to apply.
The facility is not required to agree to a restriction that you may request. We will notify you if we deny your request to a restriction. If the facility 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. Under certain circumstances, we may terminate our agreement to a restriction. You may request a restriction by contacting the Privacy Officer.
C. The right to request to receive confidential communications from us by alternative means or at an alternative location. You have the right to request that we communicate with you in certain ways. We will accommodate reasonable requests. We may 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 require you to provide an explanation for your request. Requests must be made in writing to our Privacy Officer.
D. The right to request amendments to your protected health information. You may request an amendment of protected health information about you in a designated record set for as 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. Requests for amendment must be in writing and must be directed to our Privacy Officer. In this written request, you must also provide a reason to support the requested amendments.
E. The right to receive an accounting. You have the right to request an accounting of certain disclosures of your protected health information made by the facility. This right applies to disclosures for purposes other than treatment, payment or health care operations as described in this Privacy Notice. We are also not required to account for disclosures that you requested, disclosures that you agreed to by signing an authorization form, disclosures for a facility directory, to friends or family members involved in your care, or certain other disclosures we are permitted to make without your authorization. The request for an accounting must be made in writing to our Privacy Officer. The request should specify the time period sought for the accounting. We are not required to provide an accounting for disclosures that take place prior to April 14, 2003. Accounting requests may not be made for periods of time in excess of six years. We will provide the first accounting you request during any 12-month period without charge. Subsequent accounting requests may be subject to a reasonable cost-based fee.
F. The right to obtain a paper copy of this notice. Upon request, we will provide a separate paper copy of this notice even if you have already received a copy of the notice or have agreed to accept this notice electronically.
VI. Our Duties
The facility is required by law to maintain the privacy of your health information and to provide you with this Privacy Notice of our duties and privacy practices. We are required to abide by terms of this Notice as may be amended from time to time. We reserve the right to change the terms of this Notice and to make the new Notice provisions effective for all future protected health information that we maintain. If the facility changes its Notice, a copy of the revised Notice will be available to you at the facility.
You have the right to express complaints to the facility and to the Secretary of Health and Human Services if you believe that your privacy rights have been violated. You may complain to the facility by contacting the facility’s Privacy Officer verbally or in writing, using the contact information below. We encourage you to express any concerns you may have regarding the privacy of your information. You will not be retaliated against in any way for filing a complaint.
VIII. Contact Person
The facility’s contact person for all issues regarding patient privacy and your rights under the federal privacy standards is the Privacy Officer. Information regarding matters covered by this Notice can be requested by contacting the Privacy Officer. If you feel that your privacy rights have been violated by this facility you may submit a complaint to our Privacy Officer by sending it to:
Advanced Surgical Institute
Attn: Privacy Officer
BEVERLY HILLS AMBULATORY SURGERY CENTER
250 S. La Cienega Blvd
Beverly Hills, CA 90211
IX. Effective Date
This Notice is effective April 14, 2003.
Do not use the Website if you do not agree to all of the following terms and conditions.
Information provided in this general informational website is not Medical Advice and should be used for educational and general purposes only. This information is provided with the understanding that the Webmaster is not engaged in any medical advice, professional advice or the practice of medicine. Any information in the publications, messages, postings, banners, statements or articles on this website should not be considered a medical advice and is not a substitute for consultation with a Doctor or Surgeon to address individual medical needs, medical or non medical treatments or surgery. The information on the Website is provided 'as is' for general information only. And is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.
Webmaster does not Webmaster directly or indirectly Guarantee the Accuracy, Reliability or Completeness of the Information provided on this website and is not responsible directly or indirectly for any actions resulting from the use of this information by any individuals, companies or any types of entities.
Webmaster directly or indirectly makes no warranties of any kind regarding this general informational website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
This Website (excluding linked sites) which is headquartered in the State of California in the United States of America. It may be accessed from all USA states, as well as from other countries around the world. Because each of these places has laws that may differ from those of California, by accessing this Website you agree that the statutes and laws of the State of California, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website.
The content, be it text files, photos, information, messages, posts, chat dialogue, etc is the sole responsibility of the visitor, patron or guest and that person's responsibility only. You are held accountable and liable for anything that you, the visitor, patron or guest transmits, posts, conveys, divulges, discloses. Webmaster holds the right to ban, expose, trace, report, press charges and give details of the offender in question, to the offender's local governing authority, regarding violation of these terms & conditions of use.
You agree that any and all information, work product, dialogue, photos, interviews, quotes, messages, stories, clippings, videos, etc. provided in this websites, its sponsors, researchers, contributors, volunteers, visitors, patrons, guests and/or others is protected by national and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Unless otherwise indicated, you may display and print no more than one (1) copies of any content obtained through our site for your individual, noncommercial use only.
You further agree not to otherwise copy, change or alter, upload, transmit, sell or distribute any information, work product, dialogue, photos, interviews, quotes, messages, stories, clippings, videos, etc., either digitally or through print, available through this site, including any code and/or software.
By continuing to use any GIW Website, you agree:
By continuing to use any GIW website, you further agree not to: attempt to gain unauthorized access to GIW website, or computer systems, remote hardware, servers, networks, complexes, structures, administration areas, or private files.
If at any time a visitor, patron or guest is banned or otherwise no longer permitted access to its information, message boards, bulletin boards, chat rooms, public note boards, etc. and the said banned visitor, patron or guest attempts to gain access - Webmaster holds the right to take action upon said offender.
Webmaster reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate your ability to use of ANY AND ALL Webmaster website with or without any breach by you of said Terms & Conditions of Use.
By continuing to use any and all GMI website, message boards, discussion rooms, note boards, bulletin boards, information archives, chat rooms, etc. you, the visitor, agree to indemnify, defend and hold harmless Webmaster and its owners, sub sites, subsidiaries, affiliates, members, business partners, employees, researchers, moderators and volunteers from any loss, liability, claim, demand, damage, or expenses including any attorney's feels, court fees, taxes, etc avowed by any third party relating in any way to your use of any Webmaster websites, merchandise, referral services, product recommendations or otherwise.
Additional Webmaster Disclaimer of Warranties:
Webmaster is not obligated to warranty that its site or services will be uninterrupted, timely, secure, or error free, or that software defects will be corrected or that this site or our server is free of viruses or other harmful components.
Unless provided otherwise in a separate written agreement, the content and/or materials available through ANY AND ALL Webmaster and GWI are provided on an "AS IS", "as available" and "information-only" basis and contains or holds no warranties and/or conditions, of any kind. Webmaster and GWI and its owners, sub sites, subsidiaries, affiliates, members, business partners, employees, researchers, moderators and volunteers make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any content distributed through its site. You agree to use this GWI at your own risk and Webmaster makes no implications that the information remains current or remains available at any time.
Information provided in this GWI (general informational website) is not Medical Advice and should be used for educational and general purposes only. This information is provided with the understanding that the Webmaster is not engaged in any medical advice or the practice of medicine. Any information in the publications, messages, postings, banners, statements or articles on this website should not be considered a medical advice and is not a substitute for consultation with a Doctor or Surgeon to address individual medical needs, medical or non medical treatments or surgery. The information on the Website is provided 'as is' for general information only. And is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.
You also agree and hereby submit to the exclusive any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of the Web Site Term of Use agreement, shall be settled by arbitration to be held in Los Angeles, California in accordance with the rules then in effect of the American Arbitration Association. This agreement is made with references to and shall be interpreted in accordance with the laws of State of California.
Each party agrees of dispute shall pay one-half of the costs and expenses of such arbitration, and each party shall separately pay their counsel fees and expenses. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration.
Webmasters and other related party to this website make no representation that materials on the Website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.
You agree that you will hold harmless Webmaster and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event Webmaster or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages.
If any provision of this Web Site Term of Use - Disclaimer is found invalid, unlawful or unenforceable, such provision shall be interpreted to reflect the parties' intentions as nearly as possible, and shall not affect the validity or enforceability of the remaining provisions. You agree that regardless of any statute or law to the contrary, any claim relating to our site or services, or this Web Site Term of Use – Disclaimer, must be commenced within six months after such claim arose or it is forever barred.
Reproduction, redistribution or modification of the information provided here, for any purpose whatsoever, is prohibited without the express written permission of the Webmaster.