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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 access this information. Please review it carefully. The privacy of your medical information is important to us.

Notice of Privacy Practices:
Our Legal Duty

We (El Paso Family Orthodontics) are required by applicable federal and state laws to maintain the privacy of your protected health information. We are also required to give you this notice about our privacy practices, our legal duties, and your rights concerning your protected health information. We must follow the privacy practices described in this notice while it is in effect. This notice takes effect August 1, 2022, and will remain in effect until we replace it.

You may request a copy of our notice (or any subsequent revised notice) at any time. For more information about our privacy practices or additional copies of this notice, please get in touch with us using the information listed at the end of this notice.

Notice of Privacy Practices:
Uses and Disclosures of Protected Health Information

We will use and disclose your protected health information about you for treatment, payment, and health care operations. Following are examples of the types of uses and disclosures of your protected health care information that may occur. These examples are not exhaustive but describe the types of uses and disclosures that our office may make.

Treatment: We will use and disclose your protected health information to provide, coordinate or manage your healthcare and any related services. Treatment includes coordinating or managing your health care with a third party. For example, we would disclose your protected health information, as necessary, to a home health agency that provides care to you. We will also disclose protected health information to other physicians who may be treating you. For example, we may provide your protected health information to a referred physician/dentist to ensure that the physician/dentist has the necessary information to diagnose or treat you.

In addition, we disclose your protected health information to another healthcare provider who becomes involved in your care.

Payment: Your protected health information will be used to obtain payment for your healthcare services. This may include certain activities that your health insurance plan may undertake before it approves or pays for the health care services we recommend, such as deciding eligibility or coverage for insurance benefits, reviewing services provided to you for protected health necessities, and undertaking utilization review activities. For example, obtaining approval for a hospital stay may require that your relevant protected health information is disclosed to the health plan to obtain permission for the hospital admission.

Health Care Operations: We may use or disclose, as needed, your protected health information to conduct specific business and operational activities. These activities include, but are not limited to, quality assessment activities, employee review activities, training of students, licensing, and conducting or arranging other business activities.

For example, we may use a sign-in sheet at the registration desk where you will be asked to sign your name. We may also call you by name in the waiting room when your doctor is ready to see you.

We may use or disclose your protected health information, as necessary, to contact you by telephone or mail to remind you of your appointment.

We will share your protected health information with third party “business associates” that perform various activities(e.g., billing, transcription services) for the practice. Whenever an arrangement between our office and a business associate involves the use or disclosure of your protected health information, we will have a written contract that contains terms that will protect the privacy of your protected health information.

We may use or disclose your protected health information, as necessary, to provide you with information about treatment alternatives or other health-related benefits and services that may be of interest to you. We may also use and disclose your protected health information for other marketing activities. For example, we may use your name and address to send you a newsletter about our practice and our services. We may also send you information about products or services that we believe may benefit you. You may contact us to request that these materials not be sent to you.

Uses and Disclosures Based On Your Written Authorization: Other uses and disclosures of your protected health information will be made only with your authorization unless otherwise permitted or required by law, as described below.

You may give us written authorization to use your protected health information or disclose it to anyone. If you authorize us, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Without your written consent, we will not disclose your health care information except as described in this notice.

Others Involved in Your Health Care: Unless you object, we may disclose to a member of your family, a relative, a close friend, or any other person you identify your protected health information that directly relates to that person’s involvement in your healthcare. Suppose you are unable to agree or object to such disclosure. In that case, we may disclose such necessary information if we determine it is in your best interest based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative, or any other person responsible for the care of your location, general condition, or death.

Marketing: We may use your protected health information to contact you with information about treatment alternatives that may be of interest to you. We may disclose your protected health information to a business associate to assist us in these activities. Unless the information is provided to you by a general newsletter or in person or is for products or services of nominal value, you may opt-out of receiving such information by telling us using the contact information listed at the end of this notice.

Research; Death; Organ Donation: We may use or disclose your protected health information for research purposes in limited circumstances. We may disclose the protected health information of a deceased person to a coroner, protected health examiner, funeral director, or organ procurement organization for specific purposes.

Public Health and Safety: We may disclose your protected health information to the extent necessary to avert a serious and imminent threat to your health or safety or the health or safety of others. We may disclose your protected health information to a government agency authorized to oversee the health care system or government programs or its contractors and to public health authorities for public health purposes.

Health Oversight: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs, and civil rights laws.

Abuse or Neglect: We may disclose your protected health information to a public health authority authorized by law to receive child abuse or neglect reports. In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect, or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be consistent with the requirements of applicable federal and state laws.

Food and Drug Administration: We may disclose your protected health information to a person or company required by the Food and Drug Administration to report adverse events, product defects or problems, biologic product deviations; to track products; to enable product recalls; to make repairs or replacements; or to conduct post-marketing surveillance, as required.

Criminal Activity: Consistent with applicable federal and state laws, we may disclose your protected health information if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.

Required by Law: We may use or disclose your protected health information when we are required to do so by law. For example, we must disclose your protected health information to the U.S. Department of Health and Human Services upon request to determine whether we comply with federal privacy laws. We may disclose your protected health information when authorized by workers’ compensation or similar laws.

Process and Proceedings: We may disclose your protected health information in response to a court or administrative order, subpoena, discovery request, or other lawful processes under certain circumstances. Under limited circumstances, such as a court order, warrant, or grand jury subpoena, we may disclose your protected health information to law enforcement officials.

Law Enforcement: We may disclose limited information to a law enforcement official concerning the protected health information of a suspect, fugitive, material witness, crime victim, or missing person. We may disclose the protected health information of an inmate or another person in lawful custody to a law enforcement official or correctional institution under certain circumstances. We may disclose protected health information where necessary to assist law enforcement officials in capturing an individual who has admitted to participation in a crime or has escaped from lawful custody.

Notice of Privacy Practices:
Patient Rights

Access: With limited exceptions, you have the right to look at or get copies of your protected health information. You must request in writing to the contact person listed herein to obtain access to your protected health information. You may also request access by sending us a letter to the address at the end of this notice. If you request copies, we will charge you $25.00 for each page or$10.00 per hour to locate and copy your protected health information and postage if you want the copies mailed to you. If you prefer, we will prepare a summary or an explanation of your protected health information for a fee. Contact us using the information at the end of this notice for a full description of our fee structure.

Accounting of Disclosures: You have the right to receive a list of instances in which our business associates or we disclosed your protected health information for purposes other than treatment, payment, health care operations, and certain other activities after April 14, 2016. We will provide you with the date on which we made the disclosure, the name of the person or entity to whom we disclosed your protected health information, a description of the protected health information we disclosed, the reason for the disclosure, and certain other information. If you request this list more than once in 12 months, we may charge you a reasonable, cost-based fee for responding to these additional requests. Contact us using the information at the end of this notice for a full explanation of our fee structure.

Restriction Requests: You have the right to request that we place additional restrictions on our use or disclosure of your protected health information. We are not required to agree to these other restrictions, but if we do, we will abide by our agreement (except in an emergency). Any agreement we may make to a request for additional restrictions must be in writing signed by a person authorized to make such an agreement on our behalf. We will not be bound unless our agreement is so memorialized in writing.

Confidential Communication: You have the right to request that we communicate with you in confidence about your protected health information by alternative means or to an alternative location. You must make your request in writing. We must accommodate your request if it is reasonable, specifies the alternative means or location, and continues to permit us to bill and collect payment from you.

Amendment: You have the right to request that we amend your protected health information. Your request must be in writing and explain why we should amend the information. We might deny your request if we did not create the information you want to be amended or for specific other reasons. We will provide a written explanation if we reject your request. You may respond with a statement of disagreement to be appended to the information you wanted amended. Suppose we accept your request to amend the information. In that case, we will make reasonable efforts to inform others, including people or entities you name, of the amendment and to include the changes in future disclosures.

Electronic Notice: If you receive this notice on our website or by electronic mail (e-mail), you are entitled to receive this notice in written form. Please get in touch with us using the information listed at the end of this notice to obtain this notice in written form.

Notice of Privacy Practices:
Questions and Complaints

If you want more information about our privacy practices or have questions or concerns, please get in touch with us using the information below. Suppose you believe that we may have violated your privacy rights or disagree with a decision to access your protected health information or respond to a request you made. In that case, you may complain to us using the contact information below. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request.

We support your right to protect the privacy of your protected health information. We will not retaliate if you file a complaint with the U.S. Department of Health and Human Services or us.

Notice of Privacy Practices:
Name of Contact Person

Dr. Michelle Espina

5925 Cromo Drive
El Paso, TX 79912
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