Privacy
When dealing with a medical
cannabis letter of recommendation, privacy is first and foremost on our
minds. We do not release records to anyone without the prior written
consent of the individual in question. In the event of a governmental
attempt to obtain records by an outside party (read The Use and
Disclosure Under Certain Circumstances below), we will do our best to
contact all concerned to offer them an opportunity to protest through
their own individual attorneys.
In 1996 congress passed HIPAA (Health Insurance Portability and
Accountability Act) and implemented it in 2004. This law was originally
designed to protect the individuals' personal privacy. Although
California has always had progressive privacy laws, there were many
other states in the Union which did not have such laws thus, in
principal, HIPAA was a good law. Prior to its implementation, however,
the administration's desire for "National Security" caused an exception
clause to be inserted into this new protective law. The act now has a
clause which states that the government may take ( for an unspecified
amount of time) ones personal information such as medical records " in
order to protect the President, other officials, or foreign heads of
state, or to conduct investigations. (not specified)" This clause
(section D-7 below) essentially gives the federal government a cart
blanche to your records.
To put your mind at ease, however, there have been no cases in
California of the government seizing medical cannabis records. However,
you need to know that the Federal government has the right to take your
records if it pleases. For that matter, however, in the current climate
Federal government can tap your phone for presumably the same reasons
as stated above. In a sense, this additional violation of ones privacy
should not really come as a surprise. Keep in mind that the Federal
government can also arrest you for cannabis use in California even
though the California citizens have passed a law allowing its use for
medical reasons.
Anyway, in keeping with the provisions of this law, we have provided
below our complete description of what we may or may not do with your
medical records as described by law. This also informs you of your
rights to obtain copies of them for yourself, to question them and to
authorize their release to a third party.
The following is a description of the HIPAA law. In general the law is
quite complicated so I have simplified it where possible to help with
the understanding of its essence. Please forward any questions about
our policy through the website email and/or ask us in person at the
time of your visit.
PRIVACY PRACTICES
As required by the Privacy Regulations created because of the Health
Insurance Portability and Accountability Act of 1996 (HIPAA):
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU (AS A PATIENT OF
THIS PRACTICE) MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO
YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY
A.
OVERVIEW:
We are dedicated to maintaining the privacy of your individually
identifiable health information (IIHI). In conducting our business, we
will create records regarding you and the treatment and services we
provide to you. We are required by law to maintain the confidentiality
of health information that identifies you. We are also required by to
provide to you this notice of our legal duties and the privacy
practices that we maintain in our practice concerning your IIHI. By
federal and state law, we must follow the terms of the notice of
privacy practices that we have in effect at the time.
We realize that these laws are complicated, but we must provide you
with the following important information:
How we may use and disclose you IIHI
Your privacy rights in regard to IIHI
Our obligations concerning the use and disclosure of your IIHI
NOTICE
The terms of this notice apply to all records containing your IIHI that
are created or retained by our practice. We reserve the right to revise
or amend this Notice of Privacy Practices. Any revision or amendment to
this notice will be effective for all of your records that our practice
has created or maintained in the past and for any of your records that
we may create or maintain in the future. Our practice will post a copy
of our current Notice in our offices in a visible location at all
times, and you may request a copy of our most current Notice at any
time.
B.
IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT: The
Compliance Officer, Dr.Christine Paoletti.
C.
CHRISTINE PAOLETTI, MD, INC USES AND DISCLOSES YOUR IIHI IN THE
FOLLOWING WAYS:
IIHI =individually identifiable healthcare info.
1. Our practice may use your IIHI to treat you. For example, we
may ask you to have laboratory test (such as blood or urine) and we may
use the results to help us reach a diagnosis. We might use your IIHI in
order to write a prescription for you, or we might disclose your IIHI
to a pharmacy when we order for you. Many of the people who work for
our practice – including , but not limited to , our doctors and nurses,
and assistants- may use or disclose your IIHI in order to treat you or
to assist others in your treatment.
2. Payment: Our practice may use and disclose your IIHI
in order to bill, collect payment for the services and items you may
receive from us. For example, we may contact your health insurer to
certify that you are eligible for benefits ( and for what range of
benefits), and we may provide your insurer with details regarding your
treatment to determine if your insurer will cover or pay for, your
treatment. We also may use and disclose your IIHI to obtain payment
from third parties that may be responsible for such costs, such as
family members. Also, we may use your IIHI to bill you directly for
services and items.
3. Health Care Operations: Our practice may use and disclose
your IIHI to operate our business. As examples of the ways in which we
may use and disclose your information for our operations, our practice
may use you IIHI to evaluate the quality of care you received from us,
or to conduct cost-management and business planning activities of our
practice.
4. Disclosures Required By Law: Our practice will use and
disclose your IIHI when we are required to do so by federal, state, or
local law.
D.
USE AND DISCLOSURE OF YOUR IIHI
IN CERTAIN SPECIAL CIRCUMSTANCES;
The following categories describe unique scenarios in which we may use
or disclose your identifiable health information:
1. Public Health Risks: When authorized by law, our practice may
disclose your IIHI to public health authorities to collect information
for the following reasons:
Maintaining vital records, such as birth and deaths
Reporting child abuse or neglect
Preventing or controlling disease, injury or disability
Notifying a person regarding potential exposure to a communicable
disease (as required by law)
Notifying a person regarding a potential risk for spreading or
contacting a disease or condition (as mandated by law)
Reporting reactions to drugs or problems with products or devices
Individuals if a product or device that you may be using has been
recalled
Notifying an appropriate government agency (ies) and authority(ies)
regarding the potential abuse
Neglect of an adult patient (including domestic violence)
Notifying your employer under limited circumstances related primarily
to workplace injury, illness
Medical surveillance (as authorized by law)
2. Health Oversight Activities: Our practice may disclose
your IIHI to a health oversight agency for activities authorized by
law. Oversight activities can include, for example investigations,
inspections, audits, surveys, licensure and disciplinary actions;
civil, administrative and criminal procedures or actions; or other
activities necessary for the government to monitor government programs,
compliance with civil rights laws and the health care system in
general.
3. Lawsuits and Similar Proceedings: Our practice may use and
disclose your IIHI in response to a court or administrative order, if
you are involved in a lawsuit or similar proceeding. We also may
disclose your IIHI in response to a discovery request, subpoena, or
other lawful process by another party involved in the dispute, but only
if we have made an effort to inform you of the request or to obtain an
order protecting the information the party has requested.
IIHI = INDIVIDUALLY IDENTIFIABLE HEALTHCARE INFORMATION
4. Law Enforcement: We may release IIHI if asked to do so by a
law enforcement official:
Regarding a crime victim in certain situations, if we are unable to
obtain the person’s agreement
Concerning a death we believe has resulted from criminal
Regarding criminal conduct at our offices
In response to a warrant, summons, court order, subpoena or similar
legal process
To identify/locate suspect, material witness, fugitive or missing
person
In an emergency to report a crime (including the location of victim (s)
of the crime, or the description, identify or location of the
perpetrator.)
5. Serious Threats to Health or Safety: Our practice may use and
disclose your IIHI when necessary to reduce or prevent a serious threat
to your health and safety or the health and safety or another
individual or the public. Under these circumstances, we will only make
disclosures to a person or organization able to help prevent the
threat.
6. Military: Our practice may disclose you IIHI if you a
member of U.S. or foreign military forces (including veterans) and if
required by the appropriate authorities.
7. Our practice may disclose your IIHI to federal officials for
intelligence and national security activities authorized by law. We
also may disclose your IIHI to federal officials in order to protect
the President, other officials, or foreign heads of state, or to
conduct investigations. (not specified)
8. Worker’s Compensation: Our practice may release your IIHI for
worker’s compensation and similar programs.
E.
YOUR RIGHTS REGARDING YOUR IIHI
You have the following rights regarding the IIHI that we maintain about
you:
1. Confidential Communications: You have the right to request
that our practice communicate verbally with you about your health and
related issues in a particular manner or at a certain location (when
verbal communication is needed). For instance, you may ask that we
contact you at home, rather that work. In order to request a type of
confidential communication, you must make a written request to our
Compliance Officer, Dr. Paoletti specifying the requested method of
contact, or the location where you wish to be contacted. Our practice
will accommodate reasonable requests, however, it reserves the right to
mail the information to an approved address. You do not need to give a
reason for your request.
2. Requesting Restrictions: You have the right to
restrict in our use or disclosure of your IIHI for treatment, payment,
or health care operations (TPO). We are not required to agree with your
request; however, if we do agree, we are bound by our agreement except
when otherwise required by law, in emergencies, or when the information
is necessary to treat you. In order to request a restriction in our use
or disclosure of your IIHI, you must make your request in writing to
our Compliance Office, Dr. Paoletti. Your request must describe in a
clear, concise fashion:
(a) The information you wish restricted
(b) whether you are requesting to limit our practices use, disclosure,
or both; and
(c) to whom you want the limits to apply.
3. Inspection and Copies: You have the right to inspect
and obtain a copy of the IIHI, which may be used to make decisions
about you. This includes patient medical records and billing records,
but not including psychotherapy notes. You must submit your request in
writing to the Compliance Officer, Dr. Christine Paoletti, in order to
inspect and/or obtain a copy of you IIHI. Our practice may charge a fee
for the costs of copying, mailing, labor, and supplies associated with
your request.
4. Amendment: You may ask us to amend your health
information if you believe it is incorrect or incomplete, and you may
request an amendment for as long as the information is kept by or for
your practice. To request an amendment, your request must be made in
writing and submitted to Our Compliance Officer, Dr. Paoletti. You must
provide us with a reason that supports your request for amendment.. Our
practice will deny your request if you fail to submit your request (and
the reason supporting your request) in writing. Also, we may deny your
request if you ask us to amend information that is, in our opinion: (a)
accurate and complete; (b) not part of the IIHI kept by or for the
practice; (c) not part of the IIHI which you would be permitted to
inspect and copy; or (d) not created by our practice, unless the
individual or entity that created the information is not available to
amend the information.
5. Accounting of Disclosures: All of our patients have
the right to request an “accounting of disclosers.” An accounting of
disclosures” is a list of certain non-routine disclosures our practice
has made of your IIHI for non-treatment or operations purposes. Use of
your IIHI as part of the routine patient care in our practice, is not
required to be documented. For example, the doctor sharing information
with the nurse; or the billing department using your information to
file your insurance claim. In order to obtain an accounting of
disclosures, you must submit your request to Our Compliance Officer,
Dr. Paoletti, in writing. All requests for an “accounting of
disclosures” must state a time period, which may not be longer than six
(6) years from the date of disclosure and may not include dates before
April 14, 2003. Our practice will notify you of the costs involved
with additional requests, and you may withdraw your request before you
incur any costs.
6. Right to a Paper Copy of This Notice: You are entitled
to receive a paper copy of our Notice of Privacy Practices. You may ask
us to give you a copy of this notice at any time. To obtain a paper
copy of this notice, contact Our Compliancy Officer, Dr. Paoletti, in
writing.
7. Right to File a Complaint: If you believer your privacy
rights have been violated, you may file a complaint with our practice
or with the Secretary of the Department of Health and Human Services.
To file a complaint with our practice contact our compliancy officer,
Dr. Paoletti. All complaints must be submitted in writing. You will not
be penalized for filing a complaint.
8. Right to Provide an Authorization for Other Uses and Disclosures:
Our practice will obtain your written authorization for uses and
disclosure that are not identified by this notice or permitted by
applicable law. Any authorization you provide to us regarding the use
and disclosure of your IIHI may be revoked any time by contacting our
Compliance Officer, Dr. Paoletti, in writing. After you revoke your
authorization, we will no longer use or disclose your IIHI for the
reasons described in the authorization. Please Note, we are required to
retain records of your care.
Again, if you have any questions, regarding this notice contact Dr.
Paoletti, Compliance Officer, in writing.
Notice effective 4/14/03
Privacy Statement for Website
Cannadvise operates its website on a the Internet in order to provide
information. In providing this information, data about visitors to a
website may be collected automatically or may be submitted by the
website user. Cannadvise recognizes the public's concern about privacy
on the Internet. This privacy statement establishes how information
gathered about you from your visit to our website will be used by this
website's operators.
I. Notice / Awareness
Information Collected Automatically About the Computer Which Browses or
Downloads Information from this Website
We may collect and store information for statistical purposes. For
example, we may count the number of visitors to the different sections
of our site to help us make them more useful. The information collected
may include such items as the name and domain of the host from which
you access the Internet, the Internet Protocol (IP) address of the
computer you are using or your browser software and operating system.
This information does not identify you personally.
No use of "Cookies"
We do not use "cookies" on this site.
A "cookie" is a small text file that a website can place on your
computer's hard drive to collect information about your activities on
the site. The cookie transmits this information back to the website's
computer, which, generally speaking, is the only computer that can read
it. Most users do not know that "cookies" are being placed on their
computers. If you want to know when this happens or to prevent it from
happening, you can set your browser to warn you when a website attempts
to place a "cookie" on your computer.
Personally Identifying Information Collected from E-mails or Web Forms
By sending us an e-mail (electronic mail message) or filling out a web
form, you are sending us personal information (i.e. your name, address,
e-mail address or other information). We store this information in
order to respond to or process your request or otherwise resolve the
subject matter of your submission.
Website Links to Other Sites Not Covered by Our Privacy Policy
Our website contains links to information located on websites
maintained by other public agencies and private organizations. Once you
access and individual document that links you to another website, you
are subject to the privacy policy of the website containing that
document.
Consequences of Failing to Provide Personally Identifying Information
If you choose not to provide us with your name or other information, it
may be impossible for us to refer, respond to, or investigate the issue
you are concerned about.
III. Access / Participation
Getting Access to Information and Providing Corrections
If you want to get information about you that may be in our records,
the California Public Records Act provides you with certain rights to
this information. Contact us through the e-mail address/telephone
number noted on our website and make a specific request for a copy of
the information we have received online from you and have stored. If
you find that this information is inaccurate or incomplete, you may
provide us with verified accurate and complete information.
IV. Integrity / Security
Information Transmitted by User Is Not Secure from Interception
If you choose to send us an e-mail, you should know that e-mail is not
necessarily secure against interception, and may be subject to the
disclosure requirements of other legal disclosure requirements.
Disclaimer of Liability
With respect to information available from this website, neither
Cannadvise nor any of its employees, make any warranty, express or
implied, including the warranty of merchantability and fitness for a
particular purpose, or assume any liability or responsibility for the
accuracy, completeness, or usefulness of such information.
The information contained within these Web sites is given for the
purpose of offering information to the public. The information is
believed to be valid at the time of publication. Cannadvise reserves
the right to make changes and improvements at any time and without
notice, and assumes no liability for damages incurred directly or
indirectly as a result of errors, omissions or discrepancies. The
health information contained herein should not be a substitute for the
advice of a physician and/or health care provider.
ADVISE