NOTICE OF HIPAA PRIVACY PRACTICES

OTier Pediatric Therapy

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.

During your treatment at OTier Pediatric Therapy, PLLC, your doctor, nurses, and other authorized personnel may gather information about your health, treatment, and payment for services. This type of information is considered Protected Health Information (“PHI”) under federal and state law. This notice explains how that information may be used and shared with others. It also explains your privacy rights regarding this kind of information. We will not use or disclose your information without your written authorization (permission) except as described in this notice (“Notice”). The terms of this notice apply to health information created or received by OTier Pediatric Therapy, PLLC.

OTier Pediatric Therapy, PLLC is committed to protecting patient privacy. We are required by law to provide you with this Notice of Privacy Practices and to: make sure that medical information that identifies you is kept private; give you this notice of our legal duties and privacy practices with respect to medical information about you; follow the terms of the notice that is currently in effect; and notify you in the event there is a breach of any unsecured protected health information about you.

We reserve the right to revise or amend this Notice at any time. Any revision or amendment to this notice will be effective for all of your records that we created or maintained in the past and for any of your records that we may create or maintain in the future. You may request a copy of our most current Notice at any time.

Some PHI may be subject to heightened confidentiality protections under federal or state law (“Sensitive Health Information”). This may include, but is not limited to, information related to mental health services, HIV testing or status, minor-consented care, or substance use disorder (“SUD”) information received from a provider or program subject to 42 C.F.R Part 2. We will not use or disclose Sensitive Health Information without your authorization unless permitted or required by law. Information received directly from a Part 2 program is subject to federal confidentiality rules and may not be redisclosed unless permitted by 42 C.F.R. Part 2.

 I.         When We May Use and Disclose Your Medical Information With Your Written Authorization

·       With your authorization – For any purpose other than the ones described below, we may use or disclose your health information only when you have given us your written authorization.

·       Sensitive Health Information – Certain types of PHI described in this Notice as “Sensitive Health Information” may require additional written authorization before use or disclosure, unless otherwise permitted or required by law. If we receive SUD treatment information protected under 42 C.F.R. Part 2, we will not redisclose it without your written permission or as expressly allowed by Part 2.

·       Marketing – We will obtain your written authorization before using your health information to send marketing materials.

** OTier Pediatric Therapy, PLLC will never sell your medical information **

II.         When We May Use and Disclose Your Medical Information Without Your Written Authorization

Unless otherwise restricted for Sensitive Health Information as described in this Notice, we may use and disclose your PHI as follows:

·       Treatment.  Your Protected Health Information (PHI) may be used by staff members or disclosed to other health care professionals for the purpose of evaluating your health, diagnosing medical conditions, and providing treatment.  For example, results of laboratory tests and procedures will be available in your medical record to all health professionals who may provide treatment or who may be consulted by staff members.

·       Payment.  Your PHI may be used to seek payment from sources of insurance coverage such as an automobile or health insurer, or from credit card companies that you may use to pay for services.  For example, your health plan may request and receive information on dates of service, the services provided, and the medical condition being treated.

·       Health Care Operations.  Your PHI may be used as necessary to support the day-to-day activities and management of OTier Pediatric Therapy, PLLC.  For example, information on the services you received may be used to support budgeting and financial reporting, and activities to evaluate and promote quality.

·       Treatment Options and Health-Related Benefits and Services. OTier Pediatric Therapy, PLLC may use and disclose your PHI to inform you of treatment options or alternatives as well as certain health-related benefits or services that may be of interest to you. In addition, OTier Pediatric Therapy, PLLC use and disclose your PHI to describe health-related products or services (or payment for such products or services) provided through your benefit plan or to offer information on other providers participating in a healthcare network that we participate in. Sensitive Health Information, including SUD information, will only be used or disclosed as permitted by law.

·       Special Rule for Substance Use Disorder Information: If we receive SUD information that is protected under 42 C.F.R. Part 2, we may use that information internally for treatment purposes. We will not disclose it to another provider, health plan, or third party for treatment, payment, or health care operations (“TPO”), unless you provide written consent that meets the requirements of Part 2 or an exception applies (medical emergency, qualified audit/evaluation, or a court order that complies with Part 2). This information is protected by federal law. Federal law prohibits the recipient from redisclosing it unless permitted by 42 C.F.R. Part 2.

·       Law Enforcement.  Your PHI may be disclosed to law enforcement agencies to support government audits and inspections, to facilitate law-enforcement investigations, and to comply with government mandated reporting. Sensitive Health Information will only be disclosed when specifically permitted or required by law. We will not disclose Part 2-protected SUD information to law enforcement unless you authorize it or a Part 2–compliant court order exists.      

·       Public Health Reporting.  OTier Pediatric Therapy, PLLC may disclose and may be required by law to disclose your PHI for certain public health purposes. With permission, we may provide proof of immunizations to a school that requires a patient’s immunization record prior to enrollment or admittance of a student if you have informally agreed to the disclosure for yourself or on behalf of your legal dependent. In addition, your PHI may be disclosed to public health agencies as required by law.  For example, we are required to report certain communicable diseases to the state’s public health department. Sensitive Health Information will only be disclosed to public health authorities when permitted or required by applicable law.

·       Appointment Reminders, Check-In and Results. OTier Pediatric Therapy, PLLC may use and disclose your PHI to contact you and remind you of an appointment. We may leave a voice message or text message or notify you through our portal or phone application to remind you of an appointment for results of certain tests but will leave the minimum amount of information necessary to communicate this information. You may request in writing that we not leave messages or that we use alternative methods to contact you.

·       Disclosures to Family or Friends. OTier Pediatric Therapy, PLLC may disclose your PHI to individuals involved in your care or treatment or responsible for payment of your care or treatment, or if you authorize us to disclose your PHI to these individuals. If you are incapacitated, we may disclose your PHI to the person named in your Durable Power of Attorney for Health Care or your personal representative (the individual authorized by law to make health-related decision for you). In the event of a disaster, your PHI may be disclosed to disaster relief organizations to coordinate your care and/or to notify family members or friends of your location and conditions. Sensitive Health Information will only be disclosed when permitted by law.

·       Lawsuits and Disputes. OTier Pediatric Therapy, PLLC may disclose your PHI in response to a court or administrative order, subpoena, request for discovery, or other legal processes. In the absence of a court order, disclosure of PHI can only be given with patient’s authorization. Your information may also be disclosed if required for our legal defense in the event of a lawsuit related to your treatment. Sensitive Health Information will be disclosed only in accordance with applicable confidentiality laws. If your records include substance use disorder treatment information protected under 42 C.F.R. Part 2, we will not disclose that information for civil, criminal, administrative, or legislative investigations or proceedings against you unless you provide written authorization that meets the requirements of Part 2 or a court order is issued that complies with Part 2’s strict standards.          

·       Deceased Patients. OTier Pediatric Therapy, PLLC may disclose your PHI to a medical examiner or coroner to identify a deceased individual or to identify the cause of death. In addition, we may disclose PHI necessary for funeral directors to fulfill their responsibilities, or for a lawsuit related to your death. Your health information remains protected until fifty (50) years after your death.

·       Serious Threats to Health or Safety. OTier Pediatric Therapy, PLLC may use and disclose your PHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or the public. This includes disclosures of your condition to an emergency contact during your session in the event of a fall

·       Workers’ Compensation. OTier Pediatric Therapy, PLLC may disclose the portion of your PHI deemed necessary for worker’s compensation in compliance with worker’s compensation laws. This information may be reported to your employer and/or your employer’s representative in the case of an occupational injury or illness.

·       Minors. If you are a minor, we may disclose your PHI to your parent or guardian unless otherwise prohibited by the law. Texas law allows minors to consent to certain medical services without parental involvement, such as reproductive health care, mental health services, or treatment for substance abuse. In these cases, we will not disclose information without the minor’s written authorization, unless permitted or required by law.

·       Business Associates. We may disclose your PHI to third-party contractors, known as business associates, who perform services on our behalf (e.g., billing, legal, IT support). These entities are required by law and contract to protect your PHI and comply with HIPAA and Texas privacy laws.

·       Special Circumstances. We may use and disclose your medical information in these Special circumstances, as permitted or required by law:

·       Organ and tissue donation

·       Health oversight activities (as required or allowed by law)

·       National security and intelligence activities

·       Research

·       Permissible Reproductive Health Care use or disclosures. We may use and disclose your Protected Health Information (PHI) for reproductive health care services in accordance with applicable federal and state laws. Consistent with the HIPAA Privacy Rule, and to the extent permitted by law, we will not use or disclose PHI for the purpose of investigating, prosecuting, or imposing liability on any person for lawfully receiving, providing, or facilitating reproductive health care.

III.         Protection of Reproductive Health Care Information 

OTier Pediatric Therapy, PLLC treats all protected health information (PHI), including information related to reproductive health care, in accordance with applicable federal and Texas laws.

Reproductive health information may include, but is not limited to, records relating to:

·       Contraception, including emergency contraception

·       Preconception screening and counseling

·       Pregnancy and pregnancy-related care (e.g., pregnancy testing, prenatal visits, miscarriage management, referrals for high-risk conditions)

·       Diagnosis and treatment of conditions that affect the reproductive system (e.g., perimenopause, menopause, endometriosis, adenomyosis)

·       Diagnosis and management of common reproductive health conditions (e.g., pelvic pain, polycystic ovarian syndrome (PCOS), sexually transmitted infections (STIs))

·       Referrals for specialized reproductive health services when appropriate.

This information is subject to the same HIPAA protections as other health information. We do not disclose reproductive health PHI without written authorization unless permitted or required by law for treatment, payment, health care operations, or public health and legal purposes. Sensitive Health Information, including certain reproductive, mental health, or SUD information received from another provider, will only be disclosed as allowed or required by law, which may include obtaining a patient’s written authorization for certain disclosures.

Your Rights Regarding Your Medical Information

Right to inspect and copy your health information – You may request access to your health information to review or request copies of the information. This usually includes medical and billing records maintained by OTier Pediatric Therapy, PLLC.

Right to request restrictions on the use or disclosure of your health information – You have the right to request restrictions on the use or disclosure of your medical record to your health plan for payment or health care operations if you have paid in full for the treatment out-of-pocket. This request must be in writing and identify what information you want to limit, how you want to limit the use and/or disclosure, and to whom you want the limits to apply.

Right to request to correct or amend your health information – You may ask us to correct your health information. We will consider all requests and may deny your request for legitimate reasons, for example, if we determine that the record is accurate and complete. To request a correction, you must send the request in writing and identify what information needs to be correct and why.

Right to request confidential communications – You can request that we communicate with you about medical matters in a certain way. Please be sure to let us know your wishes so we can note this request in your chart.

Right to be notified of a breach – We will notify you in the event of a breach of your protected health information as required by law.

Right to a paper copy of this notice – You have the right to receive a paper copy of this notice and may ask for a copy at any time.

IV.         Changes to this Notice

We reserve the right to change this notice and to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. If the terms of this notice are changed, OTier Pediatric Therapy, PLLC will provide you with a revised notice upon request.

V.         Complaints or Questions

If you believe your privacy rights have been violated, you may first contact the Practice using the contact information listed in this Notice so that we may address your concerns. You also have the right to file a complaint with the Office of Civil Rights (“OCR”). We will not retaliate against you for filing a complaint.

Contact: Whitney Ihezue

Phone Number:  (512)-207-0586

Email/Address hello@otiertherapy.com