At My TMS by My Psychiatrist, we value the confidentiality of your health information. Our commitment to privacy extends to the records of care and services you receive from our providers and within our facilities. It is our obligation, as mandated by law, to uphold the privacy of your health information.
This Privacy Notice outlines the privacy practices of My TMS. It is applicable to all health information that identifies you and pertains to the care you receive from My TMS providers and at My TMS facilities.
Your health information may be documented in various formats, including paper, digital, or electronic records. Additionally, it may encompass photographs, videos, and other electronic transmissions or recordings generated during the course of your care and treatment.
Both federal and state laws, including, but not limited to, the privacy and security provisions of the federal Health Insurance Portability and Accountability Act (“HIPAA”), as amended, mandate that My TMS safeguard your health information. We are committed to protecting the privacy rights of our patients.
- We are required by law to obtain your consent prior to disclosing records regarding your healthcare.
- We are required to follow the privacy practices in this notice and provide you with a copy.
- We will inform you of any breach of privacy or security of your medical information.
HOW MY TMS MAY USE AND DISCLOSE YOUR HEALTH INFORMATION
Treatment: We may use or disclose your protective health information to provide, coordinate, or manage your mental health care and any related services. We will utilize and disclose your protected health information to facilitate, coordinate, or oversee your healthcare and any associated services. This encompasses the coordination or management of your healthcare with third parties, consultations with other healthcare providers, or your referral to another provider for diagnosis and treatment. We may disclose health information to doctors, nurses, therapists, technicians, medical students, psychiatry residents, other personnel, including people outside our facility, who may be involved in your medical care.
Payment: We may use or disclose your protective health information to obtain payment for services provided to you. We may utilize and disclose health information to facilitate billing or receipt of payment from you, an insurance company, or a third party for the treatment and services you undergo. For instance, we may provide information to your health plan detailing your treatment to ensure coverage and payment for the services rendered. Additionally, we may inform your health plan about a forthcoming treatment to secure prior approval or assess the coverage eligibility for the proposed treatment.
Health Care Operations: We may use or disclose your protective health information for healthcare operations and administrative purposes, ensuring high-quality care for all patients. This involves assessing the quality of care received, evaluating staff performance, and aggregating patient data to identify new services and assess therapy effectiveness. We may disclose your protected health information to another provider, health plan, or health information exchange for specific operational purposes. This includes reviewing treatment and services to maintain the highest standards.
Appointment Reminders, Treatment Alternatives and Health-Related Services: We may use or disclose your protective health information to provide appointment reminders or information about treatment alternatives. We may utilize and disclose health information to reach out to you for appointment reminders. Additionally, we may use and disclose health information to inform you about various treatment options, alternatives, and health-related benefits and services that could be relevant to your well-being. Furthermore, we may provide access to your health information through a secure online patient portal for your convenience. We may use and disclose health information to reach you about appointments and other matters. We may contact you by mail, telephone, text, or email.
Emergency: We may use and disclose health information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat. We may use or disclose your protective health information if you need emergency treatment, or if we are required by law but are unable to get your consent, in which we will attempt to obtain consent as soon as practical after treatment.
Business Associates: We may use or disclose your protective health information to our business associates or service providers, such as electronic health record software vendors, accountants, attorneys, consultants, and collection agencies, billing, and call center services. All business associates are obligated by law and under contract with us to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract. In addition, business associates may re-disclose your health information for their own proper management and administration, to fulfill their legal responsibilities, and to business associates that are subcontractors in order for the subcontractors to provide services to the business associate. The subcontractors will be subject to the same restrictions and conditions that apply to the business associate.
Research: Under certain circumstances, We may use or disclose your protective health information for research purposes as permitted under the law or if you give written authorization. We may use your data for health services research to improve the health of our patients and the communities we serve.
De-identified Information: We may use or disclose your health information to create de-identified information or limited data sets and may use and disclose such information as permitted by law.
As Required by Law: We may use or disclose your protective health information when required to do so by international, federal, state, or local law.
Lawsuits and Disputes: If you are involved in a lawsuit or a dispute, we may use or disclose your protective health information in response to a court or administrative order. We also may disclose health information in response to a subpoena, discovery request or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
Public Health: We may use or disclose your protective health information to report communicable diseases to a public health authority for public health activities including the following: to prevent or control disease, injury, or disability; non-accidental physical injuries, reactions to medications or problems with products. We also may release health information to an appropriate government authority if we believe a patient has been the victim of abuse, neglect, or domestic violence; however, we will release this information when we are required by law.
Health Oversight Activities: We may use or disclose your protective health information to a health oversight agency for audits, investigations, inspections, licensing purposes, or as necessary for certain government agencies to monitor the health care system, government programs, and compliance with civil rights laws.
Coroners, Medical Examiners and Funeral Directors: We may use or disclose your protective health information to a coroner or medical examiner, (as necessary, for example, to identify a deceased person or determine the cause of death) or to a funeral director, as necessary to allow him/her to carry out his/her activities.
Organ and Tissue Donation: If you are an organ or tissue donor, We may use or disclose your protective health information involved in procuring, banking, or transplantation of organs and tissues to the appropriate organization.
Serious Threat to Health or Safety; Disaster Relief: We may use or disclose your protective health information to appropriate individual(s)/organization(s) when necessary 1.) to prevent a serious threat to your health and safety or that of the public or another person, or 2.) to identify, locate, or notify your family members or persons responsible for you in a disaster relief effort.
Military and Veterans: We may use or disclose your protective health information as required by military command or other government authority for information about a member of the domestic or foreign armed forces if you are a member of the armed forces.
Essential Government Functions: We may use or disclose your protective health information to federal officials to assure proper execution of a military mission, conducting intelligence and national security activities that are authorized by law, providing protective services to the President, making medical suitability determinations for U.S. State Department employees, protecting the health and safety of inmates or employees in a correctional institution, and determining eligibility for or conducting enrollment in certain government benefit programs.
Workers’ Compensation: We may use or disclose your protective health information for workers’ compensation or similar work-related injury programs, to the extent required by law, and other similar programs providing benefits for work-related injuries or illnesses.
Inmates or Individuals in Custody: We may use or disclose your protective health information to a correctional institution (if you are an inmate) or a law enforcement official (if you are in that official’s custody) as necessary 1.) for the institution to provide you with health care; 2.) to protect your or others’ health and safety; or 3.) for the safety and security of the correctional institution.
Communications: We may communicate with you by mail, email, and text unless you object.
USES OR DISCLOSURES TO WHICH YOU MAY OBJECT OR OPT OUT:
Persons involved in your care or responsible for payment: We may use or disclose your protective health information with an individual, such as a family member or friend, actively participating in your medical care or contributing to the financial aspects of your care if a release of information is signed.
USES OR DISCLOSURES WHICH REQUIRE YOUR AUTHORIZATION:
Other Uses: Other uses and disclosures not covered in this notice will be made only with your written authorization. Authorization is required and except in limited situations may be revoked, in writing at any time for the following disclosures:
Marketing: Marketing of products or services or treatment alternatives, including any subsidized treatment communications, that may be of benefit to you when we receive direct payment from a third party for making such communications, other than as set forth above with regard to face-to-face communications and promotional gifts of nominal value. We will not use or disclose your health information for marketing purposes or sell your health information without your authorization.
Psychotherapy Notes: Psychotherapy notes under most circumstances, if applicable.
YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION:
You have the right, subject to certain conditions, to the following:
Right to a paper copy of this notice. You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time even if you have agreed to receive this notice electronically, you are still entitled to a paper copy. You may obtain a paper copy of this notice at any of our facilities and may also view this notice on our website, https://mytmstherapy.com/notice-of-privacy-practice/. We reserve the right to amend this notice of privacy practices at any time.
Right to request restrictions: You can ask us not to use or share certain health information for treatment, payment or our operations. We are not always required to agree to a requested restriction. Restrictions to which we agree will be documented and followed. Agreements for restrictions may, however, be terminated under applicable circumstances (e.g., emergency treatment). You may request a restriction on the medical information we disclose to your family or friends. However, in an emergency, disaster or if you are unable to communicate, we may disclose information if in our professional judgment if such disclosure is necessary. We must agree to your request to restrict disclosure of medical information about you to a health plan if the medical information relates to a health care item or service for which you or someone on your behalf has paid in full or “out of pocket.” It is your responsibility to notify other health care providers of this restriction, such as in the case of a referral for follow-up services.
Right to request confidential communications. You may request to receive communications from us in a certain method or at a certain location. For example, you may request that we contact you only at work, by text, by email or by mail. We do not require an explanation for the request and will attempt to honor reasonable requests. If you request your medical information to be transmitted directly to another person designated by you, your written request must be signed and clearly identify the designated person and where the copy of Protected Health Information is to be sent.
Right to access, inspect and obtain copies of health information. You have the right to see or get an electronic or paper copy of your medical record and other health information we have about you. We will provide a copy or a summary of your health information, usually within 30 days of your request. This does not include psychotherapy notes, as defined in the HIPAA privacy rule and applicable state law. We may charge a reasonable, cost-based fee.
Right to request amendment. You have the right to request, in writing, an amendment of your record and include the reason for your request if you feel that the health information that we have is incorrect or incomplete. We may deny the request for amendment if the information contained in the record was not created by us, unless you provide a reasonable basis for believing the originator of the information is no longer available to act on the requested amendment; is not part of the medical record maintained by Provider; is not part of the information available for you to inspect; or the record is accurate and complete. We will respond within 60 days of receipt of the request and depending on the request may extend an additional 30 days to determine appropriate action.
Right to receive an accounting of disclosures. You have the right to request an accounting of the disclosures we have made of your health information for up to the past six (6) years. The accounting excludes disclosures for treatment, payment or health operations and other applicable exceptions.
Complaints and questions:
If you believe your privacy rights have been violated, you have the right to file a complaint with us by contacting our Privacy Officer or you may file a complaint with the U.S Department of Health and Human Services Office for Civil Right by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 877-696-6775, or visiting https://www.hhs.gov/ocr/complaints/index.html.
We may request your complaint be made in writing. We will not retaliate against you for filing a complaint.
Changes to this notice:
We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for health information we already have as well as for any information we receive in the future. We will post a copy of the current notice at My TMS facilities and our website.
My TMS complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex.
Contact Information:
If you have any questions about this notice or your privacy rights, please contact:
Privacy Officer
My TMS by My Psychiatrist
1400 E Oakland Park Blvd
Suite 209
Oakland Park, Fl 33334
privacy@mypsychiatrist.com