respect your privacy!

The patient's medical record is strictly private. We do not reveal information regarding your health to your employer, friends or relatives without your permission. The only exception to this is when we need to communicate with your other physicians to facilitate your care, or when release of information is required by law, as by court order.

Our complete privacy policy, is required by HIPPA Regulation to be offered to all our patients. It follows below.

CHARLES V. KLUCKA, D.O.,P.A.

NOTICE OF PRIVACY PRACTICES

As Required by the Privacy Regulations Created as a Result 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 (IIHI).

PLEASE REVIEW THIS NOTICE CAREFULLY.

1. OUR COMMITMENT TO YOUR PRIVACY

Our practice is 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 law to provide you with this notice of our legal duties and the privacy practices 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 this time.

We realize these laws are complicated, but we must provide you with the following important information:

1. How we may use and disclose your IIHI.
2. Your privacy rights in your IIHI.
3. Our obligation concerning the use and disclosure of your IIHI.

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.

2. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:

ATTENTION: PRIVACY OFFICER
CHARLES V. KLUCKA, D.O., P.A.
9671 GLADIOLUS DRIVE, #104
FORT MYERS, FL 33908
(239) 939-2246

C. WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION (IIHI) IN THE FOLLOWING WAYS

The following categories describe the different ways in which we may use and disclose your IIHI.

1. Treatment. Our practice may use your IIHI to treat you. For example, we may ask you to have laboratory tests (such as blood tests) and we may use the results to 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 a prescription for you. Many of the people who work for our practice—including, but not limited to doctors, nurses, or techs—may use or disclose your IIHI in order to treat you or to assist others in your treatment. Additionally, we may disclose your IIHI to others who may assist in your care, such as your spouse, children or parents. Finally, we may also disclose your IIHI to other health care providers for purposes related to your treatment.
2. Payment. Our practice may use and disclose your IIHI in order to bill and collect payment for the services and items you 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 of your insurer will cover, or pay for, your treatment. We may also use and disclose your IIHI to obtain payment from third parties that may be responsible for such costs, such as employers or family members. Also, we may use your IIHI to bill you directly for services and items. We may disclose your IIHI to other health care providers and entities to assist in their billing and collection efforts.
3. Health Care Operations. Our practice may use and disclose your IIHI to operate our business. Some examples may be to evaluate the quality of care you received form us, or to conduct cost-management and business planning activities for our practice. We may
4. disclose your IIHI to other health care providers and entities to assist in their healthcare operations. In general, however, our practice rarely would undertake such operations.
5. Appointment Reminders.  Our practice may use and disclose your IIHI to contact you and remind you of an appointment.
6. Treatment Options. Our practice may use and disclose your IIHI to inform you of potential treatment options or alternatives.
7. Health Related Benefits and Services.  Our practice may use and disclose your IIHI to inform you of health-related benefits or services that may be of interest to you. 
8. Release of Information to Family/Friends:  Our practice may release your IIHI to a friend or family member that is involved in your care, or who assists in taking care of you. For example, a parent or guardian may ask that their babysitter or grandmother take their child to our office for the treatment of a cold, as long as a note gives us permission to treat the patient. In this instance, the babysitter or grandmother may have some access to this child’s medical information.
9. 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.

3. USE AND DISCLOSURE OF YOUR IIHI IN CERTAIN SPECIAL CIRCUMSTANCES

The following categories describe unique scenarios in which we may use or disclose your IIHI:

1. Public Health Risks.  Our practice may disclose your IIHI to public health authorities that are authorized by law to collect information for the purpose of:

Maintaining vital records, such as births and deaths

Reporting child abuse or neglect

Preventing or controlling disease, injury, or disability

Notifying a person regarding potential exposure to a communicable disease

Notifying a person regarding a potential risk for spreading or contracting a disease or condition

Reporting reactions to drugs or problems with products or devices

Notifying individuals if a product or device they may be using has been recalled

Notifying appropriate government agency (ies) or authority (ies) regarding the potential abuse or neglect of an adult patient (including domestic violence); however, we will only disclose this information if the patient agrees or we are required or authorized by law to disclose this information.

Notifying your employer under limited circumstances related primarily to workplace injury or illness or medical surveillance.

2. Health Oversight Activities.  Our practice may disclose your IIHI to a health oversight agency for activities authorized by law. Oversight activities, may 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, or 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.
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 conduct

Regarding criminal conduct in our offices

In response to a warrant, summons, court order, subpoena or similar legal process

To identify/locate a 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, identity, or location of the perpetrator)

5. Deceased Patients.  Our practice may release IIHI to s medical examiner or coroner to identify a deceased individual or to identify the cause of death. If necessary, we may also release information in order for funeral directors to perform their jobs.
6. Organ and Tissue Donation.  Our practice may release your IIHI to organizations that handle organ, eye, or tissue procurement or transplantation, including organ donation banks, as necessary to facilitate organ or tissue donation or transplantation if you are an organ donor.
7. Research.  Our practice may use and disclose your IIHI for research purposes in certain limited circumstances. This office generally does not, however, conduct research. We will, however, obtain written authorizations for research purposes, or inform you of any exception.
8. 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.
9. Military.  Our practice may disclose your IIHI if you are a member of U.S. or foreign military forces (including veterans) AND if required by the appropriate authorities.
10. National Security. Our practice may disclose your IIHI to federal officials for intelligence and national security activities authorized by law. We may also disclose your IIHI to federal officials in order to protect the president, other officials or foreign heads of state, or to conduct investigations.
11. Inmates. Our practice may disclose your IIHI to correctional institutions or law enforcement officials if you are an inmate under custody of a law enforcement official. Disclosure for these purposes would be necessary: (a) for the institution to provide health care services to you, (b) for the safety and security of the institution, and/or (c) to protect your health and safety or the health and safety of other individuals.
12. Worker’s Compensation.  Our practice may disclose your IIHI for worker’s compensation and similar programs.

4. 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 with you about your health and related issues in a particular manner or at a certain location. (For instance, you may ask that we contact you at home, rather than work.) In order to request a type of confidential information, you must make a WRITTEN request to: Attention: Privacy Officer, Charles V. Klucka, D.O., P.A., 9671 GLADIOLUS DRIVE, #104 , Fort Myers, FL 33908. (239) 939-2246,  specifying the requested method of contact, or the location where you wish to be contacted. Our practice will accommodate reasonable requests.  You do not need to give a reason for your request.
2. Requesting Restrictions.  You have the right to request a restriction in our use or disclosure of your IIHI for your treatment, payment of healthcare operations. Additionally, you have the right to request that we restrict our disclosure of your IIHI to only certain individuals involved in your care or the payment for your care, such as family members and friends. By law, we are not required to agree to 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: Attention: Privacy Officer, Charles V. Klucka, D.O., P.A., 9671 GLADIOLUS DRIVE, #104 , Fort Myers, FL 33908 (239) 939-2246.  Your request must describe in a clear and concise fashion:
   1. the information you wish restricted;
   2. whether you are requesting to limit our practice’s use, disclosure, or both; and
   3. to whom you want the limits to apply.
3. Inspection and Copies.  You have a right to inspect and obtain a copy of the IIHI that may be used to make decisions about you, including medical records and billing records, but not including psychotherapy notes. You must submit your request in writing to: Attention: Privacy Officer, Charles V. Klucka, D.O., P.A., 9671 GLADIOLUS DRIVE, #104 , Fort Myers, FL 33908. (239)939-2246, in order to inspect and/or obtain a copy of your IIHI. or any portion thereof. Our practice does not charge a fee for records of 25 pages or less, requested once annually. Our practice will charge a fee of $1.00 per page for the costs of copying, mailing, labor and supplies associated with requests involving more than 25 pages per year. Rarely, our practice may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial. Another licensed healthcare professional chosen by us will conduct reviews.
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 our practice. To request an amendment, your request must be made in writing and submitted to: Attention: Privacy Officer, Charles V. Klucka, D.O., P.A., 9400 Gladiolus Drive, #30, Fort Myers, FL 33908. (239) 939-2246.  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 for 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 disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures our practice has made of your IIHI for non-treatment, non-payment, or non-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 a tech, or another doctor to which you are referred, or the billing department using you information to file an insurance claim.) In order to obtain an “accounting of disclosures”, you must submit a request in writing to: Attention: Privacy Officer, Charles V. Klucka, D.O., P.A., 9671 GLADIOLUS DRIVE, #104 , Fort Myers, FL 33908. (239) 939-2246.  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 the dates before April 14, 2003. The first list you request within a 12-month period is free of charge, but our practice charges $5 for additional lists requested within the same 12-month period. 
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; they are available at the front desk, or by mail: Attention; Privacy Officer, Charles V. Klucka, D.O., P.A., 9671 GLADIOLUS DRIVE, #104 Fort Myers, FL 33908. (239) 939-2246. 
7. Right to file a Complaint.  If you believe 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 Resources. To file a complaint with our practice, contact: Attention: Privacy Officer, Charles V. Klucka, D.O., P.A., 9671 GLADIOLUS DRIVE, #104 , Fort Myers, FL 33908. (239) 939-2246. 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 disclosures 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 at any time 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, or our health information privacy policies, please contact our Privacy Officer at Charles V. Klucka, D.O., P.A., 9671 GLADIOLUS DRIVE, #104 , Fort Myers, FL 33908 (239) 939-2246. 

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