NOTICE OF PRIVACY PRACTICES OF MISSISSIPPI PSYCHIATRY & WELLNESS, PLLC

Effective Date: November 1, 2024

THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION, HOW YOU CAN GET ACCESS TO YOUR HEALTH INFORMATION, AND HOW TO FILE A COMPLAINT CONCERNING A VIOLATION OF THE PRIVACY OR SECURITY OF YOUR HEALTH INFORMATION OR OF YOUR RIGHTS CONCERNING YOUR INFORMATION. YOU HAVE A RIGHT TO A COPY OF THIS NOTICE (IN PAPER OR ELECTRONIC FORM) AND TO DISCUSS IT WITH MISSISSIPPI PSYCHIATRY & WELLNESS, PLLC IF YOU HAVE ANY QUESTIONS. PLEASE REVIEW IT CAREFULLY.

 

This Notice of Privacy Practices ("Notice") describes the privacy practices of Mississippi Psychiatry & Wellness, PLLC ("Practice"), a "covered entity" under the Health Insurance Portability and Accountability Act ("HIPAA"). We will share your medical and health information that is subject to HIPAA ("Protected Health Information" or "PHI") as necessary to carry out treatment, payment and health care operations and as permitted by HIPAA and this Notice. This Notice does not apply to health information that is not subject to HIPAA or similar state health information privacy laws, or information used or shared in a manner that cannot identify you. This Notice only applies to those parts of Practice's websites and mobile device applications where you can access your Protected Health Information or interact with a clinician regarding your specific care, such as Practice's patient portal with respect to your PHI. However, these websites and applications may contain additional terms associated with your use. You should review those terms as well as this website’s terms.

Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request in our office and on our website. For questions regarding this notice, please contact Mississippi Psychiatry & Wellness, PLLC directly. We never market or sell personal information. For more information, see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html

Your Information. Your Rights. Our Responsibilities.

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.

Your Rights - You have the right to:

    • Get a copy of your paper or electronic medical record

    • Correct your paper or electronic medical record

    • Request confidential communication

    • Ask us to limit the information we share

    • Get a list of those with whom we’ve shared your information

    • Get a copy of this privacy notice

    • Choose someone to act for you

    • File a complaint if you believe your privacy rights have been violated

 Your Choices - You have some choices in the way that this practice uses and shares information, including:

    • Telling family and friends about your condition

    • Providing mental health care

    • Provide disaster relief

    • Include you in a hospital directory

    • Market our services and sell your information

    • Raise funds

 Our Uses and Disclosures - We may use and share your information as we:

    • Treat you

    • Run our organization

    • Bill for your services

    • Help with public health and safety issues

    • Do research

    • Comply with the law

    • Respond to organ and tissue donation requests

    • Work with a medical examiner or funeral director

    • Address workers’ compensation, law enforcement, and other government requests

    • Respond to lawsuits and legal action

Your Rights: When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

  • Get an electronic or paper copy of your medical record

    • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.

    • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

  • Ask us to correct your medical record

    • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.

    • We may say “no” to your request, but we’ll tell you why in writing within 60 days.

  • Request confidential communications

    • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.

    • We will say “yes” to all reasonable requests.

  • Ask us to limit what we use or share

    • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.

    • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.

  • Get a list of those with whom we’ve shared information

    • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.

    • We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost- based fee if you ask for another one within 12 months.

  • Get a copy of this privacy notice

    • You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

  • Choose someone to act for you

    • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.

    • We will make sure the person has this authority and can act for you before we take any action.

  • File a complaint if you feel your rights are violated

    • You can complain if you feel we have violated your rights by contacting us using the information on page 1.

    • You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.

    • We will not retaliate against you for filing a complaint.

Your Choices: For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

  • In these cases, you have both the right and choice to tell us to:

    • Share information with your family, close friends, or others involved in your care

    • Share information in a disaster relief situation

    If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

  • An “authorization” is written permission above and beyond the general consent that permits only specific disclosures. In these cases, we never share your information unless we have your written permission:

    • Marketing purposes: Disclosures for marketing purposes which result in our receiving financial payment from a third party whose product or services is being marketed will require your written authorization. This does not include compensation that merely covers our cost of reminding you to take and refill your medication or otherwise communicate about a drug or biologic that is currently prescribed to you. However, we may use or disclose your PHI without your authorization to send you information about alternative medical treatments, our own programs or about health-related products and services that may be of interest to you, provided that we do not receive financial remuneration for making such communications. For example, if you suffer from a chronic illness or condition, we may use your PHI to assess your eligibility and propose newly available treatments. When we see you face-to-face, we may also use your PHI without your authorization to encourage you to maintain a healthy lifestyle and get recommended tests, suggest that you participate in a disease management program, provide you with promotional gifts of nominal value, or tell you about government sponsored health programs.

    • Sale of your information: Any activity constituting a sale of your Protected Health Information will require your prior written authorization.

    • Most sharing of psychotherapy notes: “Psychotherapy notes” are notes Dr. Patel has made during a private, group, joint, or family counseling session, which are kept separate from the rest of your medical record. These notes are given a greater degree of protection than PHI. You may revoke all such authorizations (of PHI or psychotherapy notes) at any time, provided each revocation is in writing. You may not revoke an authorization to the extent that (1) the practice has relied on that authorization; or (2) if the authorization was obtained as a condition of obtaining insurance coverage, and the law provides the insurer the right to contest the claim under the policy.

  • In the case of fundraising, we may contact you for fundraising efforts, but you can tell us not to contact you again.

Our Uses and Disclosures: How do we typically use or share your health information? We typically use or share your health information in the following ways:

  • Treat you: We can use your health information and share it with other professionals who are treating you.

    • Example: Your primary care physician shares information with this practice regarding recent changes to your medications.

  • Run our organization: We can use and share your health information to run our practice, improve your care, and contact you when necessary. We may use and disclose your Protected Health Information to manage, operate, and support the business activities of our practice.

    • These activities include, but are not limited to, quality assessment, employee review, licensing, and conducting other business activities.

    • We may use or disclose your Protected Health Information, as necessary, to contact you to remind you of your appointment or for important services such as annual checkups and inform you about treatment alternatives or other health-related benefits and services that may be of interest to you.

    • Examples: We may call, text, or e-mail you to remind you of a scheduled appointment. We may also share your PHI for case management and care coordination purposes. We may share PHI with our students, trainees, and staff for review and learning purposes. We may also use and share your PHI to confirm the time, place and attendance of your appointment for treatment with third-party transportation services. Another example would be new patient survey cards.

  • Bill for your services: We can use and share your health information to bill and get payment from health plans or other entities.

    • Examples: We will provide an invoice or Superbill to you that you may submit to your insurance for reimbursement. We will contact your health plan to obtain prior authorization for a medication that is not currently covered.

How else can we use or share your health information? We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

  • Help with public health and safety issues: We can share health information about you for certain situations such as:

    • To prevent or control disease; report births and deaths; reporting of reactions to medications or problems with health products; reporting a person who may have been exposed to a disease or may be at risk of contracting and/or spreading a disease or condition.

    • We may share your PHI with public health authorities for public health purposes to prevent or control disease, injury, or disability and for conducting public health monitoring, investigations, or activities.

    • Helping with product recalls

    • Abuse, Neglect, and Domestic Violence or Other Threats to Safety: Your Protected Health Information will be disclosed to the appropriate government agency if we believe that a patient has been or is currently the victim of abuse, neglect, or domestic violence and the patient agrees to the disclosure, or we are otherwise permitted or required by law to do so. In addition, your PHI may also be disclosed when necessary to prevent a serious threat to your health or safety or the health and safety of others to someone who may be able to help prevent the threat. State laws may require such disclosure when an individual or group has been specifically identified as the target or potential victim.

  • Minors: Protected Health Information of minors will be disclosed to their parents or legal guardians acting as personal representatives, unless prohibited by law or in circumstances where the law permits us to withhold PHI, such as to prevent harm to the minor or another person or in cases of suspected child abuse or neglect.

  • Research: We can use or share your information for health research.

  • Comply with the law: We will share information about you if local, state, federal, or international laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

  • Work with a medical examiner or funeral director: We can share health information with a coroner, medical examiner, or funeral director when an individual dies only when this is requested by law. The doctor-patient confidentiality continues to remain even after an individual’s death.

  • Respond to organ & tissue donation requests: We can share health information about you with organ procurement organizations. If you are an organ donor, we may disclose your PHI to organizations that handle organ procurement or organ, eye or tissue transplantation, or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.

  • Address workers’ compensation, law enforcement, and other government requests: This practice may also be required or permitted to disclose your PHI for law enforcement and other legitimate reasons. In all situations, the practice will do its best to assure its continued confidentiality to the extent possible. We can use or share health information about you:

    • For workers’ compensation claims: We will disclose only the Protected Health Information necessary for Worker's Compensation in compliance with Worker's Compensation laws. This PHI may be reported to your employer and/or your employer's representative regarding an occupational injury or illness.

    • For law enforcement purposes or with a law enforcement official: We will disclose your Protected Health Information for law enforcement purposes when all applicable legal requirements have been met. This includes, but is not limited to, law enforcement due to identifying or locating a suspect, fugitive, material witness or missing person; complying with a court order or warrant, and grand jury subpoena; reporting information about a victim of a crime, reporting a death we believe resulted from criminal conduct, reporting criminal conduct occurring on our premises, or reporting crime in an emergency, such as the location of the crime or victims or the identity, description or location of the person who committed the crime.

    • With health oversight agencies for activities authorized by law: We may disclose your Protected Health Information to a health oversight agency for audits, investigations, inspections, licensures, and other activities as authorized by law. The relevant agencies include governmental units that oversee or monitor the health care system, government benefit and regulatory programs, and compliance with civil rights laws.

    • For special government functions such as military, national security, and presidential protective services: We may disclose your PHI, if you are in the Armed Forces, for activities deemed necessary by appropriate military command authorities for determination of benefit eligibility by the Department of Veterans Affairs or to foreign military authorities if you are a member of that foreign military service. We may disclose your PHI to authorized federal officials for conducting national security and intelligence activities or special investigations (including for the provision of protective services to the President of the United States, other authorized persons, or foreign heads of state) or to the Department of State to make medical suitability determinations.

  • Respond to lawsuits and legal actions: We can share health information about you in response to a court or administrative order, or in response to a subpoena. For example, we may share your PHI as required to report a suspicious death or suspected child abuse or neglect. We may use and disclose your PHI in conjunction with judicial or administrative proceedings or for purposes of litigation as permitted by law. We may also share your PHI in response to an administrative or court order, or in response to a subpoena, a discovery request, or other legal process if we are advised that you have been made aware of the request or that efforts were made to secure a qualified protective order.

Additional Information

  • Practice Ownership Change: If our medical practice is sold, acquired, or merged with another entity, your PHI may become the property of the new owner. However, you will still have the right to request copies of your records and have copies transferred to another provider.

  • Business Associates: We may disclose your Protected Health Information to our business associates who provide us with services necessary to operate and function as a medical practice. We will only provide the minimum information necessary for the associate(s) to perform their functions as it relates to our business operations. For example, we may use a separate company to process our billing or transcription services that require access to a limited amount of your PHI. Please know and understand that all of our business associates are obligated to comply with the same HIPAA privacy and security rules in which we are obligated. Additionally, all of our business associates are under contract with us and committed to protect the privacy and security of your Protected Health Information. We may also share your PHI with a Business Associate who will remove information that identifies you so that the remaining information can be used or disclosed for purposes outside of this Notice.

  • ELECTRONIC MEDICAL INFORMATION SHARING THROUGH APPLICATION PROGRAMMING INTERFACES: You have the right to request or authorize that your electronic PHI in your designated record set be transmitted to you or another person or organization through an application programming interface (API). APIs are computer coding mechanisms that permit two or more electronic computer applications or software programs to communicate with each other and share information. Practice is required by law to comply with requests regarding API transmissions, subject to certain exceptions. You understand that PHI transmitted through an API at your request will no longer be under Practice's protection and control, will no longer be subject to the protections and rights outlined in this Notice, and may no longer be subject to the same laws, regulations, policies or procedures regarding its confidentiality, security, privacy, use, or disclosure. You understand and agree that you make any request to Practice to transmit your PHI through an API at your own risk and you assume all liability for the consequences of such action taken by Practice at your direction. Practice cautions you to confirm any confidentiality, security or privacy protections with respect to your transmitted PHI with the recipient of the PHI prior to submitting a request to Practice to transmit your PHI through an API.

Our Responsibilities

  • We are required by law to maintain the privacy and security of your protected health information.

  • We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.

  • We must follow the duties and privacy practices described in this notice & give you a copy of it.

  • We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

  • For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html