PostureWorks

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.

 

1. Your Rights. You have the right to:

 

• Get a copy of your paper or electronic medical record. You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this. We will provide a copy or a summary of your health information, usually within 30 days of your request, or shorter time period if required by California law. We may charge a reasonable, cost-based fee.

• Correct your paper or electronic medical record. You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this. We may say “no” to your request, but we’ll tell you why in writing within 60 days, unless a shorter time is required by California law.

• Request confidential communication. You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will say “yes” to all reasonable requests.

• Ask us to limit the information we share. You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care. If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.

• Get a list of those with whom we’ve shared your information. You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why. We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

• Get a copy of this privacy notice. You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

• Choose someone to act for you. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we take any action.

• File a complaint if you believe your privacy rights have been violated. You can complain if you feel we have violated your rights by contacting us using the contact information below. You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting https://www.hhs.gov/hipaa/filing-a-complaint/index.html. You may also be able to file a complaint with your state. We will not retaliate against you for filing a complaint.

• Right to be notified of a breach. You have the right to be notified if we discover a breach that may have compromised the privacy or security of your health information.

1. Your Choices. For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us.  Tell us what you want to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

• Share information with your family, close friends, or others involved in your care
• Share information in a disaster relief situation

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and 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.

WRITTEN AUTHORIZATION REQUIRED:  In these cases we never share your information unless you give us written permission:

• Marketing purposes funded by third parties
• Sale of your information
• Most sharing of psychotherapy notes
• Other uses and disclosures not described in the Notice of Privacy Practices Section III
• We may contact you for fundraising efforts, but you can tell us not to contact you again.

To the extent we create or maintain substance use disorder patient records subject to 42 C.F.R. Part 2, we will give you clear and obvious notice in advance and a choice about whether to receive fundraising communications that use your Part 2 information.

• Our Uses and Disclosures. Where state or federal law restricts a use or disclosure, we follow the requirements of the more stringent law. We typically use and share your information, WITHOUT YOUR WRITTEN AUTHORIZATION, in the following ways:
• Treat you. We can use your health information and share it with other professionals who are treating you. Example: A doctor treating you for an injury asks another doctor about your overall health condition.
• Treatment Areas. Some treatment may occur in shared or open treatment areas. We use reasonable safeguards to limit incidental disclosures of health information.  You may ask to discuss sensitive information in a more private location.
• Run our organization. We can use and share your health information to run our practice, improve your care, and contact you when necessary. Example: We use health information about you to manage your treatment and services. We send treatment information and x-rays to your email on phone or text to phone number on file .
• Bill for your services. We can use and share your health information to bill and get payment from health plans or other entities. Example: We give information about you to your health insurance plan so it will pay for your services.
• Business Associates. We may contract with third parties to provide services on our behalf and disclose your health information to our business associate so that they can perform the work we’ve asked them to do. We require the business associate to appropriately safeguard your information and comply with applicable HIPAA and other privacy laws.
• Notification. We may use or disclose your information to notify or assist in notifying a family member, personal representative, or another person responsible for your care, your location, and general condition.
• Communication with Family/Close Friends. Using their best judgment, our healthcare professionals may disclose to a family member, other relative, close personal friend or any other person you identify, health information relevant to that person’s involvement in your care or payment related to your care. When another person accompanies you during an appointment, we may discuss health information relevant to that person’s involvement in your care or payment for your care if you agree, do not object after being given an opportunity to object, or the circumstances reasonably indicate that you do not object. We will limit the disclosure to information directly relevant to that person’s involvement.
• Health-Related Marketing and Communication. We may contact you by mail, e-mail or text about appointments, treatment alternatives, and other communications permitted by law. We will obtain your written authorization before using or disclosing your protected health information for marketing when authorization is required by law. We will not use your name, image, testimonial, treatment information, or status as a patient in advertising, social media, newsletters, public recognition or similar promotional materials without a separate written authorization. You may revoke an authorization in writing as provided in the authorization.
• De-Identified Information. We may use and disclose health information that does not identify you and cannot be used to identify you, in accordance with applicable law.

How else can we use or share your health information?  We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html. In all cases, including those listed below, if we have substance use disorder patient records about you, subject to 42 CFR part 2, we cannot use or share information in those records in civil, criminal, administrative, or legislative investigations or proceedings against you without (1) your consent or (2) a court order and a subpoena.

• Help with public health and safety issues. We can share health information 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; and preventing or reducing a serious threat to anyone’s health and safety.
• Do research. We can use or share your information for health research.
• Comply with the law. We 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 we’re complying with federal privacy law.
• Respond to organ and tissue donation requests. We can share health information about you with organ procurement organizations.
• Work with a medical examiner or funeral director. We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
• Deceased individuals. In the unfortunate event of your death, we are permitted to disclose your PHI to your personal representative and your family members and others who were involved in the care or payment for your care prior to your death, unless inconsistent with any prior expressed preference that you provided to us.
• Address workers’ compensation, law enforcement, and other government requests. We can use or share health information about you for workers’ compensation claims; for law enforcement purposes or with a law enforcement official; with health oversight agencies for activities authorized by law; and for special government functions such as military, national security, and presidential protective services.
• Judicial and Administrative Proceedings. We may disclose health information in response to a valid court or administrative order. We may also disclose information in response to a subpoena, discovery request, or other lawful process, but only when the requirements of applicable federal and California law have been satisfied.
• Law Enforcement. We may disclose health information for law enforcement purposes as required by law.
• Inmates and Correctional Institutions. If you are an inmate or you are detained by a law enforcement officer, we may disclose your health information to the prison officers or law enforcement officers if necessary to provide you with health care, or to maintain safety at the place where you are confined.
• As Required by Law. We may use or disclose your health information if we are required by law to do so.

1. Our Responsibilities.

• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly, in writing, if a breach occurs that may have compromised the privacy or security of your information.
• We must follow the duties and privacy practices described in this notice and give you a copy of it.
• We will notify you in writing if we are unable to agree to a requested restriction.
• We will accommodate reasonable requests you may have to communicate health information by alternative means or locations.
• We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

1. Other Information.

• California laws. California law may provide additional protection for certain medical information, including information concerning mental health treatment, substance use disorder treatment, HIV/AIDS testing and treatment, genetic testing, communicable diseases, sexual and reproductive health, and services to which a minor may lawfully consent. We will use and disclose this information only as permitted by applicable federal and California law. Where California law provides greater privacy protection than HIPAA, we will follow California law.

The California Confidentiality of Medical Information Act generally prohibits a health care provider from disclosing medical information without a valid authorization unless the disclosure is otherwise permitted or required by law.

Medical information governed by the California Confidentiality of Medical Information Act and protected health information governed by HIPAA generally are not subject to the California Consumer Privacy Act, as amended. Any required notice concerning personal information not governed by HIPAA or CMIA will be provided separately.

• Sale of Practice: If this practice is sold, your information will become the property of the new owner. Except as described above, this practice will not use or disclose your health information without your prior written authorization. You may request in writing that we not use or disclose your health information as described above. We will let you know if we can fulfill your request. You have the right to know of any uses or disclosures we make with your health information beyond the above normal uses.
• For more information: If you have questions or desire additional information, you may contact our Privacy Officer at Scott Levin, 415.534.4360 21 Columbus Ave. Ste 200, San Francisco, CA 94111
• Changes to this Notice: We can change the terms of this Notice at any time, and the changes will apply to all information we have about you. The new Notice will be available upon request and on our website at www.posture-works.com/npp.
• Contact Information: Unless otherwise stated, to exercise any of the rights described in this Notice, or to file a complaint, contact the Privacy Officer at privacy@posture-works.com.
• This Notice is effective on 9.18.2026