Privacy policy
 
     
   
     
     
 
Privacy Policy

 

HIPAA/ARRA PRIVACY POLICY AND PROCEDURES

eBrainMD

Brent L. Clyde, M.D.

 

Introduction:

In an attempt to fully comply with the requirements of HIPAA and the newer privacy and technology requirements of ARRA, the HIPAA/ARRA privacy policy and procedure guide was developed to define, educate, and implement policies and procedures within the medical practice of Brent L. Clyde, M.D. This medical practice also does business as (dba) Wasatch Neurological Surgery, Western Neurological Surgery, and eBrainMD. Although prior HIPAA policy and procedures were in place previous to this guide, many changes in regulation have occurred, including the new legal requirements of ARRA, which need to be incorporated into the medical practice of Brent L. Clyde, M.D.  This manual is now the official HIPAA/ARRA policy and procedure guide for the medical practice. This is a dynamic document and will be reviewed and revised as needed.

 

Covered Entities

In that Brent L. Clyde MD practices medicine under several entities, theses policies and procedures shat apply to the following covered entities:

Brent L. Clyde, MD.

eBrainMD, LLC  (limited liability corporation incorporated in Wyoming)

eBrainMD.com (website registered to Brent L. Clyde)

The use of the term “Brent L. Clyde, M.D.” in this document shall mean all of these covered entities.

 

Privacy Officer

Bryon Williams

 

Protected Information (PHI)

Information that is:

-Transmitted by electronic media;

-Maintained in electronic media, or

-Transmitted or maintained in any other form or medium

 

Disclosures of Protected Health Information (PHI)

When releasing PHI, only the information required to accomplish the intended purpose of such use, disclosure, or request will be disclosed. This is determined to be the minimum amount deemed reasonably necessary to satisfy the needs of the request. Extraneous PHI, which is not needed to satisfy the request, will not be disclosed.

A patient may request a restriction on the release of his or her PHI.  This request must be in writing. This does not apply if it is otherwise required by law or the disclosure is to a health plan for purpose of carrying out payment of health care operations (and is not for purposes of carrying out treatment). However, if the PHI pertains solely to a health care item or service for which the health care provided has been paid out of pocket in full, such a request will be honored even if it is to carry out payment of health care operations.

PHI may be disclosed without written consent or the opportunity to agree or object in the following circumstances:

            -When required by law

            -Various public health activities

            -When required by statute if abuse is suspected

            -For health oversight as required by government agencies

            -Judicial and administrative proceedings

            -Law enforcement purposes

            -When needed by the coroner or funeral director after death

            -For cadaveric tissue, organ, or eye transplantation

            -Certain research purposes if appropriate waiver approved

            -To avert a serious threat to the individual or the public

            -For specialized government functions, i.e. military

            -For workers’ compensation programs and entities

A patient has a right to receive an accounting of all disclosures of health information made by Brent L. Clyde, MD during the three years preceding the date of the request. In that Brent L. Clyde, MD had a full and robust EHR prior to January 1, 2009, we will make every attempt to provide such an accounting prior to the legally required deadline of January 1, 2014. Although every attempt to provide such an accounting will be made prior to January 1, 2014, there is no guarantee this is possible until said date. We are working towards full compliance by the required date. A patient also has a right to receive an accounting of all disclosures of PHI from business associates (BA) of Brent L. Clyde, MD. Business associates involved in the care of the individual will be disclosed upon request.  BA of Brent L. Clyde, MD are required to make their own accounting of disclosures of PHI made by the BA and will not be provided by the office of Brent L. Clyde, MD.

PHI will not be sold except as allowed for research as defined in HIPAA. The price, if charged, will reflect the costs of preparation and transmittal of the data for such purpose. Reasonable and accepted fees will be charged to certain entities for valid requests to prepare and release PHI, i.e. for legal proceedings.

An individual has the right to obtain a copy of their PHI in electronic format, and if the individual so chooses, to direct Brent L. Clyde, MD to transmit the copy directly to an entity or person designated by the individual provided the request is clear, conspicuous, and specific. Brent L. Clyde, MD may impose a fee for providing the electronic information (or a summary) to a requesting individual. The fee will reflect the labor and technological cost in responding to the request for the copy. In the case of summaries or explanations provided by Brent L. Clyde, MD, the cost will reflect the professional fees of Dr. Brent L. Clyde, MD in preparing such summary or explanation.

Patients of Brent L. Clyde, MD have the right to opt out of any marketing or fundraising contacts from our office. In general, Brent L. Clyde, MD does not participate in marketing or fundraising efforts with patients.

Any breach in PHI will be disclosed to the affected individual  as soon a possible, and not longer than 60 days after discovery.

 

Privacy Notice

Brent L. Clyde, M.D. will make a HIPAA compliant privacy notice available to any person who asks for it. It will be prominently posted and made available on eBrainMD.com and other websites operated by Brent L. Clyde, M.D. In an effort to conserve paper and other resources, paper copies of the notice will not be automatically given to patients or individuals, but will be promptly offered upon request. No individual or patient will be denied a personal copy of such notice. Material revisions will be promptly displayed and distributed.

 
     
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