Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW THIS CAREFULLY.
Dear Texas Medical Specialty Inc. Customer:
This Notice of Privacy Practices describes how Texas Medical Specialty Inc., its employees, and volunteers may use and disclose your protected health information (PHI) for purposes of testing, payment and health care operations, and for other purposes that are allowed or required by law.
Protected health information is defined as individually identifiable health information that is maintained or transmitted in any form or medium. These rights and responsibilities are established once a client engages in a contract with Texas Medical Specialty, Inc.. Texas Medical Specialty Inc. strongly believes in protecting the confidentiality and security of information that we collect from and about you. This notice refers to Texas Medical Specialty Inc. as TMSI from here forth.
Responsibilities of TMSI
TMSI agrees to not use or disclose protected health information other than as allowed or required by this agreement or as required by law.
At the request of a client, TMSI agrees to restrict or limit the medical information used or disclosed for the purposes of testing, payment, and other operations.
TMSI is not bound to agree to a restriction requested by a client as delineated in Section 1(b).
TMSI agrees to document such disclosures of protected health information and information related to such disclosures as would be required for the covered entity to respond to a request by a client for an accounting of disclosures of protected health information in accordance with 45 CFR § 164.528.
TMSI agrees to use appropriate precautions to prevent use or disclosure of the protected health information other than as provided for by this agreement.
TMSI agrees to diminish, to the extent practicable, any harmful effect that is known to TMSI of use or disclosure of protected health information by TMSI in violation of the requirements of this agreement.
TMSI agrees to report to its clients and/or their covered entities any use or disclosure of the protected health information not provided for by this agreement.
TMSI agrees to ensure that any agent who is provided with the client’s protected health information agrees to the same restrictions and conditions that apply through this agreement with respect to the protected information.
TMSI agrees to provide access, at the request of its client to their own protected health information in a designated record set, or, as directed by the client, to its covered entity or to an individual in order to meet the requirements and comply with the exceptions within the Code of Federal Regulations under 45 CFR § 164.524.
A designated record set contains medical and billing records and any other records that TMSI uses in making decisions about the client’s circumstances.
TMSI agrees to make any amendment(s) to protected health information at the request of a client and/or its covered entity in compliance and with the exceptions delineated in 45 CFR § 164.526.
TMSI reserves the right to deny requests for amendment(s) as delineated in Section 1(j).
TMSI agrees to accept appeals to denial of clients’ request for amendment(s) as delineated in Sections 1(j) and 1(k).
TMSI agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, created or received by TMSI on behalf of a client and/or its covered entity available to the covered entity, or to the secretary, in a time and manner designated by the secretary, for purposes of the covered entity complying with this agreement.
TMSI agrees to provide to the covered entity, information collected in accordance with Section 1(b) of this agreement, to permit the covered entity to respond to a request by a client for an accounting of disclosures of protected health information in accordance with 45 CFR § 164.528.
Rights of TMSI
Unless it is otherwise indicated in this agreement, TMSI may use protected health information for the proper management and administration of TMSI as well as meeting the legal responsibilities of TMSI.
Unless it is otherwise indicated in this agreement, TMSI may disclose protected health information for the proper management and administration of the Business Associate, unless the disclosures are required by law, or TMSI obtains reasonable guarantees from the individual to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the individual, and the individual notifies TMSI of any instances of which it is aware in which the confidentiality of the information has been breached.
Unless it is otherwise indicated in this agreement, TMSI may use protected health information to provide data aggregation services to the covered entities as permitted by 45 CFR § 164.504(e)(2)(i)(B).
TMSI may use protected health information to report violations of law to appropriate federal and state authorities, consistent with 45 CFR § 164.502(j)(1).
Responsibilities of Covered Entities
A covered entity shall notify TMSI of any limitation(s) in its notice of privacy practices of the covered entity in accordance with 45 CFR § 164.520, to the extent that such limitation may affect TMSI’s usage or disclosure of protected health information.
A covered entity shall notify TMSI of any changes in, or rescinding of, permission by the client to use or disclose protected health information, to the extent that such changes may affect TMSI’s use or disclosure of protected health information.
A covered entity shall notify TMSI of any restriction to the use or disclosure of protected health information that the covered entity has agreed to, in accordance with 45 CFR § 164.522, to the extent that such restriction may affect TMSI’s use or disclosure of protected health information.
A covered entity shall not request TMSI to use or disclose protected health information in any manner that would not be permissible under this agreement if done by the covered entity.
An exception to Section 3(d) is permissible if TMSI will use or disclose protected health information for data aggregation or management and administrative activities of TMSI.
Rights of TMSI
Unless it is otherwise indicated in this agreement, TMSI may use protected health information for the proper management and administration of TMSI as well as meeting the legal responsibilities of TMSI.
Unless it is otherwise indicated in this agreement, TMSI may disclose protected health information for the proper management and administration of the Business Associate, unless the disclosures are required by law, or TMSI obtains reasonable guarantees from the individual to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the individual, and the individual notifies TMSI of any instances of which it is aware in which the confidentiality of the information has been breached.
Unless it is otherwise indicated in this agreement, TMSI may use protected health information to provide data aggregation services to the covered entities as permitted by 45 CFR § 164.504(e)(2)(i)(B).
TMSI may use protected health information to report violations of law to appropriate federal and state authorities, consistent with 45 CFR § 164.502(j)(1).
Clients’ Rights to Revocation of Protected Health Information
A client has the right to revoke authorization of providing protected health information and permitting the use of such information by TMSI with the following exceptions:
A client may not revoke authorization for the information that had been utilized by TMSI up to the point of revocation.
A client may not revoke authorization that was obtained as a condition of attaining insurance coverage for the services rendered by TMSI.
Questions and Complaints
Texas Medical Specialty Inc. Inc. is required by the Health Insurance Portability and Accountability Act (HIPAA) to provide this notice to clients and/or covered entities. Please contact Texas Medical Specialty Inc. Inc. for additional information regarding TMSI’s compliance with HIPAA regulations and general privacy policies of the company.
If a client believes that his / her privacy rights have been violated, they have the right to file a complaint with TMSI through writing to:
Texas Medical Specialty Inc.
7777 Forest Lane, building C, Suite 768
Dallas, Texas 75230