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 IT CAREFULLY.
- Our commitment to your privacy. ReSolutionCare, PC (“ReSolutionCare”) is dedicated to maintaining the privacy of your health information. We will create records regarding your treatment and our services in conducting our business. We are required by law to maintain the confidentiality of protected health information that identifies you (“PHI”). We are also required by law to provide you with this Notice of our legal duties and the privacy practices we maintain concerning PHI. We realize that these laws are complicated, but we must provide you with the following information:
- How we may use and disclose PHI;
- Your privacy rights in PHI; and
- Our obligations concerning the use and disclosure of PHI.
The terms of this Notice apply to all records containing PHI created or retained by ReSolutionCare. ReSolutionCare is required to abide by the terms of this Notice that is currently in effect. We reserve the right to revise or amend this Notice. Any revision or amendment to this Notice will be effective for all of your records that ReSolutionCare has created or maintained in the past, and for any records that we may create or maintain in the future. We will make any revised or amended notice available electronically on our website and by e-mail if you have agreed to receive electronic communications.
- If you have questions about this Notice, please contact ReSolutionCare, PC, at 1875 Grant Street, Suite #760, San Mateo, CA 94402-2666, (707) 442-5683, or info@resolutioncare.com.
- We may use and disclose your PHI in the following ways:
1. Treatment. ReSolutionCare may use your PHI to treat you. For example, our physicians may ask about your health history to treat you. The people who work at ReSolutionCare, including, but not limited to, our physicians may use or disclose your PHI to treat you or to assist others in your treatment.
2. Payment. ReSolutionCare may use and disclose PHI to bill and collect payment for the services and items you may receive from us. For example, we may contact your health insurer to inquire whether 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 treatment.
3. Health care operations. ReSolutionCare may use and disclose PHI to operate our business. For example, we may use your PHI to evaluate the quality of care you received from us or to conduct cost-management and business planning activities for ReSolutionCare. ReSolutionCare may also disclose PHI to another healthcare provider or for the healthcare operations activities of that entity if it also has or had a relationship with you and the PHI pertains to that relationship.
4. Appointment reminders. ReSolutionCare may use and disclose PHI to contact you and remind you of an appointment.
5. Treatment options and health-related benefits and services. ReSolutionCare may use and disclose PHI to inform you of potential treatment options or alternatives. ReSolutionCare may use and disclose PHI to inform you of health-related benefits or services that may be of interest to you.
6. Disclosures required by law. ReSolutionCare will use and disclose PHI when we are required to do so by federal, state or local law.
7. Psychotherapy notes. Psychotherapy notes have additional protections and, in certain cases, are subject to additional requirements and restrictions related to disclosures to you and third parties. ReSolutionCare does not create or maintain psychotherapy notes.
- You have the right and choice to agree to prohibit or restrict the use or disclosure of PHI in certain situations. Specifically, ReSolutionCare may share PHI with a person who is involved in your medical care or payment for your care, such as your family or a close friend. We also may notify family about your location or general condition or disclose such information to an entity assisting in a disaster relief effort. If you cannot tell us your preference, we may 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.
- Use and disclosure of your PHI in certain circumstances. We may use or disclose PHI in the following situations (subject to F and G below):
- Public health and safety issues. ReSolutionCare may share PHI about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect or domestic violence
- Preventing or reducing a serious threat to anyone’s health or safety
- Health oversight activities. ReSolutionCare may disclose your PHI 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.
- Compliance with law, lawsuits, and similar proceedings. ReSolutionCare will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that ReSolutionCare is complying with federal privacy law. ReSolutionCare may use and disclose PHI in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. ReSolutionCare also may disclose PHI 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.
- Law enforcement. ReSolutionCare may release PHI 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 at 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 or victim(s) of the crime, or the description, identity or location of the perpetrator).
- Organ procurement, coroners, medical examiners and funeral directors. ReSolutionCare may release PHI to organ procurement organizations, a coroner or medical examiner. We also may release PHI to funeral directors as necessary for their duties.
- Research. Under certain circumstances, we may use and disclose PHI for research. Before we use or disclose PHI for research, the project will go through a special approval process. Even without special approval, we may permit researchers to look at records to help them identify patients who may be included in their research project or for other similar purposes, as long as they do not remove or take a copy of the PHI.
- Serious threats to health or safety. ReSolutionCare may use and disclose PHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or the public. Under these circumstances, we will only make disclosures to a person or organization able to help prevent the threat.
- National security. ReSolutionCare may disclose PHI to federal officials for intelligence and national security activities authorized by law. We also may disclose PHI to federal and national security activities authorized by law. We also may disclose PHI to federal officials in order to protect the president, other officials or foreign heads of state, or to conduct investigations.
- Workers’ compensation. ReSolutionCare may disclose PHI for workers compensation claims.
- Prohibited uses of your PHI. Except pursuant to and in compliance with an appropriate authorization and subject to some limited exceptions, ReSolutionCare may not receive remuneration in exchange for PHI. Effective as of June 25, 2024, ReSolutionCare may not use or disclose your PHI for any of the following activities (collectively, “Prohibited Activities”): (1) to conduct a criminal, civil, or administrative investigation into any person for the mere act of seeking, obtaining, providing or facilitating reproductive health care; (2) to impose criminal, civil, or administrative liability on any person for the mere act of seeking, obtaining, providing, or facilitating reproductive health care; or (3) to identify any person for any purpose relating to (1) or (2). This prohibition applies when ReSolutionCare has received a request for PHI and reasonably determined that one or more of the following conditions exist: (a) the reproductive health care is lawful under the law of the state in which such health care is provided under the circumstances in which it is provided; (b) the reproductive health care is protected, required or authorized by Federal Law, including the U.S. Constitution, under the circumstances in which such health care is provided, regardless of the state in which it is provided and (c) the presumption below applies. The reproductive health care provided by another person is presumed lawful for the purposes of this section unless ReSolutionCare has: (i) actual knowledge that the reproductive health care was not lawful under the circumstances in which it was provided; and (ii) factual information supplied by the person requesting the use or disclosure of PHI that demonstrates a substantial factual basis that the reproductive health care was not lawful under the specific circumstances it was provided. For example, ReSolutionCare will not provide your PHI to assist in an investigation about reproductive health care provided by a particular physician without actual knowledge that the care was unlawful or the provision of documentation to overcome the presumption that the care was lawful.
- Uses and Disclosures Requiring Attestations. Effective June 25, 2024, ResolutionCare will not use or disclose PHI potentially relating to reproductive healthcare for healthcare oversight activities, judicial and administrative proceedings, law enforcement purposes or to a coroner or medical examiner without obtaining an attestation from the person, who is requesting the use or disclosure, that confirms that the use or disclosure is not for Prohibited Activities (as defined above). For example, in the event a subpoena is received for PHI relating to reproductive healthcare, ResolutionCare could not turn over the requested PHI without a valid attestation from the issuer.
- Potential for redisclosure. There is the potential for PHI disclosed pursuant to the HIPAA Privacy Rule to be subject to redisclosure and no longer protected by the HIPAA Privacy Rule.
- Substance use disorder treatment records. Substance use disorder treatment records received from programs subject to 42 C.F.R. Part 2, or testimony relaying the content of such records, shall not be used or disclosed in civil, criminal, administrative, or legislative proceedings against the individual unless based on written consent, or a court order after notice and an opportunity to be heard is provided to the individual or the holder of the record as provided in 42 CFR Part 2. A court order authorizing use or disclosure must be accompanied by a subpoena or other legal requirement compelling disclosure before ReSolutionCare would use or disclose the record.
- Your rights regarding your PHI:
You have the following rights regarding the PHI that we maintain about you:
- Confidential communications. You have the right to request that ReSolutionCare 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 communication, you must make a written request to info@resolutioncare.com specifying the requested method of contact, or the location where you wish to be contacted. ReSolutionCare will accommodate reasonable requests. You do not need to give a reason for your request.
- Requesting restrictions. You have the right to request a restriction or limitation on the PHI we use or disclose for treatment, payment, or health care operations. You also have the right to request a limit on the PHI we disclose to someone involved in your care or the payment for your care, like a family member or friend.
To request a restriction, you must make your request in writing to ReSolutionCare. We are not required to agree to your request unless you are asking us to restrict the use and disclosure of PHI to a health plan for payment or health care operation purposes and such information you wish to restrict pertains solely to a health care item or service for which you have paid us “out-of-pocket” in full. If we agree, we will comply with your request unless the information is needed to provide emergency treatment.
If you paid out-of-pocket (or in other words, you have requested that we not bill your health plan) in full for a specific item or service, you have the right to ask that PHI with respect to that item or service not be disclosed to a health plan for purposes of payment or health care operations, and we will honor that request.
- Inspection and copies. You have the right to inspect and obtain a copy of the PHI that may be used to make decisions about you, including patient medical records and billing records, with limited exceptions. You must submit your request in writing to us at info@resolutioncare.com or to ReSolutionCare, PC at 1875 Grant Street, Suite #760, San Mateo, CA 94402-2666 to inspect and/or obtain a copy of PHI. ReSolutionCare may charge a fee for the costs of copying, mailing, labor and supplies associated with your request. ReSolutionCare may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial. If PHI is maintained in an electronic format (known as an electronic medical record or an electronic health record), you have the right to request that an electronic copy of your record be given to you or transmitted to another individual or entity. We may charge you a reasonable, cost-based fee for the labor associated with transmitting the electronic medical record.
- Amendment. If you feel that our PHI is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for ReSolutionCare. To request an amendment, you must make your request, in writing, to the Privacy Officer at info@resolutioncare.com or to ReSolutionCare, PC at 1875 Grant Street, Suite #760, San Mateo, CA 94402-2666
- Accounting of disclosures. You have the right to request a list of certain disclosures we made of PHI for six years before the date of your request. To request an accounting of disclosures, you must make your request, in writing, to the Privacy Officer at info@resolutioncare.com or to ReSolutionCare, PC at 1875 Grant Street, Suite #760, San Mateo, CA 94402-2666.
- Right to get notice of a Breach. You have the right to be notified upon a Breach of any of your unsecured PHI.
- Right to a paper copy of this Notice. You are entitled to receive a paper copy of this Notice. You may ask us to give you a copy of this Notice anytime. To obtain a paper copy of this Notice, contact ReSolutionCare at info@resolutioncare.com.
- Right to file a complaint. If you believe your privacy rights have been violated, you may file a complaint with ReSolutionCare or with the Secretary of the Department of Health and Human Services. To file a complaint with ReSolutionCare, contact us at info@resolutioncare.com. All complaints must be submitted in writing. You will not be retaliated against for filing a complaint.
- Right to provide an authorization for other uses and disclosures. ReSolutionCare will obtain your written authorization for uses and disclosures not identified by this Notice or permitted by applicable law. Further, ReSolutionCare will never share PHI for marketing purposes or sale your information unless you give ReSolutionCare written permission. Any authorization you provide regarding the use and disclosure of PHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose PHI for the reasons described in the authorization.