What is Protected Health Information, or PHI?
The law requires us to safeguard your* “protected health information,” or PHI. Your PHI is any individually identifiable information in any form or medium (i.e. spoken words, electronic data, treatment notes) that relates to your past, present or future: (1) physical or mental health; (2) health care; (3) payment for health care. Your PHI includes both information created by AND received by this office.
How Mind’s Eye May Use Your Protected Health Information
Billing Your Insurance: If we bill insurance on your behalf we will use your PHI to do so, including your name and address, the diagnosis assigned to you by your doctor at Mind’s Eye, and the date and type of treatment rendered.
Treatment: We may use your PHI to provide you with medical treatment or services. For example, your Mind’s Eye doctor may request that you disclose to us past medical records from other treatment providers in order for us to devise the best treatment plan for your present condition (although this is not required in order for you to receive treatment here). Another example is that we will disclose your PHI to your pharmacy in order to prescribe medication to you.
Public Health: We may disclose PHI we are required by law to report for public health reasons, such as suspected child abuse or abuse of mentally ill/ disabled adults, suspected contagious disease, or suspected unreported birth or death. We may also disclose your PHI if we believe that you pose a clear and immediate danger to the physical safety of yourself or others.
Medical Emergency: We may disclose your PHI in order to facilitate your care in the event of a medical emergency.
Workers’ Compensation: If you file a Workers’ Compensation claim, we may release your PHI to involved parties and officials.
Health Oversight: We may have to disclose your PHI to a government agency performing health oversight functions such as audits, investigations, inspections, or licensing reviews.
Legal Disputes: If you are involved in a legal dispute we may disclose your PHI to third parties if we are ordered by the court to do so (including via subpoenas from lawyers). We may also disclose your PHI to defend ourselves if you sue us.
Law Enforcement: We may disclose your PHI to law enforcement and/or court officials if ordered by the court to do so.
Family: If you are under the age of 18 we may disclose your PHI to family members who are involved in your care if we believe it is in your best interest, even if you object. For example, if we believe that you are suicidal, we may disclose as much of your health information as is necessary to inform the family member most closely involved in your care that you require emergency care. However, if you are over the age of 14, and you object to us disclosing your health information to family members without your (verbal) consent, we will do so only if we believe that you are not capable of acting in your best interest.
Requesting A Copy of Your PHI and/or Requesting a Correction in Your Record
All of the PHI we keep about you in this office is on paper, including an accounting of whom we have disclosed it to, if anyone. You have a right to look at your record, and to request a copy. You also have the right to request a correction if you believe there is an error in your record.
Before we will provide you with a copy of your PHI you must complete two steps:
(1) Provide a written, signed request;
(2) Pay a $30 administrative fee.
Under the law we have 30 days to process your request for a copy of your PHI, and 60 days to process a correction request, including providing you with an explanation if we decide not to make the requested change.
Emailing Your PHI
Before we can send unencrypted email to you containing your PHI, we are required by law to obtain your written permission.
Selling Your PHI/ Marketing
We will not sell your PHI to anyone. Nor will we use your PHI for marketing purposes without first obtaining your written permission.
Requesting a Restriction on Our Use/ Disclosure of Your PHI
You have the right to request that we NOT disclose to your health plan information about care you have paid for out-of-pocket. We have the right to deny this request only if disclosure is required by law.
You also have the right to request that we not disclose any aspect of your PHI to a specific person (such as a family member) who might otherwise have the right to access your PHI, or that we not disclose a specific fact about your health care to anyone. We have the right to deny your request if the disclosure is required by law, or if we believe an emergency necessitates doing so.
To request a restriction on our use/disclosure of your PHI, please provide us with a written request.
Requesting Confidential Communications About Your PHI
Finally, you have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you might prefer that we only contact you on your cell phone, or via email. To request such a restriction, please provide us with a written request.
Breach/ Filing a Complaint
In the unlikely event that we accidentally disclose your PHI we will notify you in writing. If you believe your PHI rights have been violated please tell us immediately. You also have the right to file a complaint with the Secretary of the Department of Health and Human Services.
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*If your child is the patient, please replace “your” with “your child(‘s)”.