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Privacy Policy & Disclaimers

We respect your personal privacy. We will not release your name, address, or contact information without your consent. In affirmation of this Policy, we want to inform you that all photographs used on our Web site are our employees, and not patients.  Please be aware that e-mail is not secure. WE URGE YOU NOT TO PROVIDE CONFIDENTIAL INFORMATION ABOUT YOUR HEALTH TO US VIA E-MAIL. If you do so, it is at your own risk.

HOUSTON TMS 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.

This Notice of Privacy Practices is being provided to you as a requirement of the Health Insurance Portability and Accountability Act (HIPAA). This Notice describes how the staff at HOUSTON TMS may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control of your protected health information. Your protected health information means any of the written and oral health information, including demographic data that can be used to identify you. This is health information that is created or received by your health care provider, and that relates to your past, present or future physical or mental health or condition.

1. PURPOSE: HOUSTON TMS and its physicians, allied health professionals, employees, and trainees follow the privacy practices described in this Notice. HOUSTON TMS keeps your mental and physical health information in records that will be maintained and protected in a confidential manner, as required by law. The individuals identified above will share your health information with each other for purposes of treatment, payment and health care operations that will be described in this Notice.

2. PROTECTION OF HEALTH CARE INFORMATION AS A PROVIDER OF MENTAL HEALTH SERVICES: The law requires us to protect the privacy of your health information. We will not use or let other people see your health information without your permission except in the ways we tell you in this notice. This protection applies to all heath information we have about you, no matter when you received services. We will not tell anyone you are receiving, or have ever received services from HOUSTON TMS , unless the law allows us to disclose that information.

We will ask for your written authorization to use or disclose your health information except for those times when we are allowed to use or disclose this information without your permission, as explained in this notice. If you give us permission to use or disclose your health information, you may revoke it at any time. If you revoke your permission, we will not be liable for using or disclosing your health information before you revoked your permission.

If you are being treated for alcohol or drug abuse, your records are protected by federal law. Violation of these laws that protect alcohol or drug abuse treatment records is a crime and suspected violations may be reported to appropriate authorities in accordance with federal regulations.

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.This Notice of Privacy Practices is being provided to you as a requirement of the Health Insurance Portability and Accountability Act (HIPAA). This Notice describes how the staff at HOUSTON TMS may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control of your protected health information. Your protected health information means any of the written and oral health information, including demographic data that can be used to identify you. This is health information that is created or received by your health care provider, and that relates to your past, present or future physical or mental health or condition.1. : HOUSTON TMS and its physicians, allied health professionals, employees, and trainees follow the privacy practices described in this Notice. HOUSTON TMS keeps your mental and physical health information in records that will be maintained and protected in a confidential manner, as required by law. The individuals identified above will share your health information with each other for purposes of treatment, payment and health care operations that will be described in this Notice.2.: The law requires us to protect the privacy of your health information. We will not use or let other people see your health information without your permission except in the ways we tell you in this notice. This protection applies to all heath information we have about you, no matter when you received services. We will not tell anyone you are receiving, or have ever received services from HOUSTON TMS , unless the law allows us to disclose that information. We will ask for your written authorization to use or disclose your health information except for those times when we are allowed to use or disclose this information without your permission, as explained in this notice. If you give us permission to use or disclose your health information, you may revoke it at any time. If you revoke your permission, we will not be liable for using or disclosing your health information before you revoked your permission. If you are being treated for alcohol or drug abuse, your records are protected by federal law. Violation of these laws that protect alcohol or drug abuse treatment records is a crime and suspected violations may be reported to appropriate authorities in accordance with federal regulations.
3. USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION

HOUSTON TMS may use your protected health information for purposes of providing treatment, obtaining payment for treatment, and conducting health care operations.

A. Treatment. We may use and disclose your protected health information to a physician and/or other healthcare providers for providing treatment to you. This includes coordination of your care with other health care providers, health plans, referral sources and for continuum of care.

B. Payment. Your protected health information will be used, as needed, to obtain payment for the services that we provide. This may include certain communications to your health insurer to get approval for the treatment that we recommend. For example, if a hospital admission is recommended, we may need to disclose information to your health insurer to get prior approval for the hospitalization. We may also disclose protected health information to your insurance company to determine whether you are eligible for benefits or whether a particular service is covered under your health plan. In order to get payment for your services, we may also need to disclose your protected health information to your insurance company to demonstrate the medical necessity of the services or, as required by your insurance company, for utilization review. We may also disclose patient information to another provider involved in your care for the other provider's payment activities.

C. Operations. We may use or disclose your protected health information, as necessary, for our own health care operations in order to facilitate the function of HOUSTON TMS and to provide quality care to all patients. Health care operations include such activities as:

  • Quality assessment and performance improvement activities.
  • Employee review functions.
  • Training programs, including those in which students, trainees, or practitioners in health care learn under supervision.
  • Accreditation, certification, licensing or credentialing activities.
  • Review and auditing, including compliance reviews, medical reviews, legal services and maintaining compliance programs.
  • Business management and general administrative activities.

In certain situations, we may also disclose patient information to another provider or health plan for their health care operations
4. USES AND DISCLOSURES THAT ARE PERMITTED AND/OR MANDATORY

A. As Required by Law. We will disclose your protected health information when we are required to do so by any Federal, State or local law. An example would be a request by the Department of Health and Human Services to disclose your information to evaluate our compliance with the privacy regulations.

B. Public Health Activities. We may disclose your protected health information to public health agencies for the purpose of preventing, controlling disease, injury or disability; to report vital events such as births or deaths, suspected abuse or neglect, reactions to medications; or to facilitate product recalls.

C. Health Oversight Activities. We may disclose your protected health information to a health oversight agency that is authorized by law to conduct health oversight activities including audits; investigations; inspections; licensure and certification surveys. We will not disclose your health information if you are the subject of an investigation and your health information is not directly related to your receipt of health care or public benefits.

D. Judicial And Administrative Proceedings. We may disclose your protected health information to courts or administrative agencies who have the authority to hear and resolve lawsuits or disputes. We may disclose your information pursuant to a court order, a subpoena, a discovery request, or other lawful process issued by a judge or other person involved in the dispute. This will only occur after efforts have been made to notify you of the request for disclosure and or to obtain an order protecting your health information.

E. Law Enforcement Purposes. We may disclose your protected health information to law enforcement officials in response to a request, as required, to report criminal activity or to respond to a subpoena, court order, warrant, summons or similar process.

F. To Coroners, Funeral Directors, and for Organ Donation. We may disclose your protected health information to a coroner or medical examiner for identification purposes, to determine cause of death or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose protected health information to a funeral director, as authorized by law, in order to permit the funeral director to carry out their duties. Protected health information may be used and disclosed for organ, eye or tissue donation purpose.
G. For Research Purposes. We may use or disclose your protected health information for research when the use or disclosure for research has been approved by an institutional review board or privacy board that has reviewed the research proposal and research protocols to address the privacy of your protected health information.

Any use or disclosure of your health information that is done for the purpose of identifying qualified participants will be conducted at our facility. In most instances, we will ask for your permission to use or disclose your health information if the researcher will have access to your name, address, or other identifying information.

H. If There is A Serious Threat To Health Or Safety. We may, consistent with applicable law and ethical standards of conduct, use or disclose your protected health information if we believe that such use or disclosure is necessary to prevent or minimize a serious and imminent threat to your health or safety or to the health and safety of the public.

I. For Specified Government Functions. In certain circumstances, the Federal regulations authorize the provider to use or disclose your protected health information to facilitate specified government functions relating to military and veterans activities, national security and intelligence activities, protective services for the President and others, medical suitability determinations, correctional institutions, and law enforcement custodial situations.

J. For Worker's Compensation. The provider may release your health information to comply with worker's compensation laws or similar programs.

5. USES AND DISCLOSURES TO FAMILY AND/OR PERSONAL FRIENDS
We may disclose your protected health information to your family member or a close personal friend if they are involved in your care or who help pay for your care. We may make such disclosures when we have your signed authorization to do so.

6. YOUR RIGHTS
You have the following rights regarding your health information:

A. The right to inspect and copy your protected health information. You may inspect and obtain a copy of your protected health information that is contained in a designated record set for as long as we maintain the protected health information. A designated record set contains medical and billing records and any other records that your physician and HOUSTON TMS uses for making decisions about you.

Under Federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and protected health information that is subject to a law that prohibits access to protected health information.

We may deny your request to inspect or copy your protected health information if, in our professional judgment, it is determined that the access requested is likely to endanger your life or safety or that of another person, or that it is likely to cause substantial harm to another person referenced within the information. You have the right to request a review of this decision.

To inspect and copy your medical information, you must submit a written request to the Office Manager.  If you request a copy of your information, we may charge you a fee for the costs of copying, mailing or other costs incurred by us in complying with your request.

Please contact our Privacy Official if you have additional questions about access to your medical record.
B. The right to request a restriction on uses and disclosures of your protected health information. You may ask us not to use or disclose certain parts of your protected health information for the purposes of treatment, payment or health care operations. Your request must state the specific restriction requested and to whom you want the restriction to apply.

HOUSTON TMS is not required to agree to a restriction that you may request. We will notify you if we deny your request to a restriction. If HOUSTON TMS does agree to the requested restriction, we may not use or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment. Under certain circumstances, we may terminate our agreement to a restriction. You may request a restriction by contacting the Privacy Official.

C. The right to request to receive confidential communications from us by alternative means or at an alternative location. You have the right to request that we communicate with you in certain ways. We will accommodate reasonable requests. We may condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact. We will not require you to provide an explanation for your request. Requests must be made in writing to our Privacy Official.

D. The right to have your physician amend your protected health information. You may request an amendment of protected health information about you in a designated record set for as long as we maintain this information. In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Requests for amendment must be in writing and must be directed to our Privacy Official. In this written request, you must also provide a reason to support the requested amendments.

E. The right to receive an accounting. You have the right to request an accounting of certain disclosures of your protected health information made by the provider. This right applies to disclosures for purposes other than treatment, payment or health care operations as described in this Notice of Privacy Practices. We are also not required to account for disclosures that you requested, disclosures that you agreed to by signing an authorization form, or certain other disclosures we are permitted to make without your authorization. The request for an accounting must be made in writing to our Office Manager. The request should specify the time period sought for the accounting. We are not required to provide an accounting for disclosures that take place prior to April 14, 2003. Accounting requests may not be made for periods of time in excess of six years. We will provide the first accounting you request during any 12-month period without charge. Subsequent accounting requests may be subject to a reasonable cost-based fee.

F. The right to obtain a paper copy of this notice. Upon request, we will provide a separate paper copy of this notice even if you have already received a copy of the notice or have agreed to accept this notice electronically.
7. OUR DUTIES
HOUSTON TMS is required by law to maintain the privacy of your health information and to provide you with this Notice of our duties and privacy practices. We are required to abide by terms of this Notice as may be amended from time to time. We reserve the right to change the terms of this Notice and to make the new Notice provisions effective for all protected health information that we maintain. If Houston TMS changes its Notice, we will provide a copy of the revised Notice upon request from you.

8. COMPLAINTS
You have the right to express complaints to HOUSTON TMS and to the Secretary of Health and Human Services if you believe that your privacy rights have been violated. You may complain to HOUSTON TMS by contacting the Privacy Official verbally or in writing, using the contact information below. We encourage you to express any concerns you may have regarding the privacy of your information. You will not be retaliated against in any way for filing a complaint.

Contact Person

The contact person at the Houston TMS Clinic for all issues regarding patient privacy and your rights under the Federal privacy standards is the Privacy Official. Information regarding matters covered by this Notice can be requested by contacting the Privacy Official. Complaints against the provider can be mailed to the Privacy Official by sending it to:

Houston TMS
820 Gessner Road #750
Houston, TX 77024


You must file your complaint within 180 days of when you knew or should have known about the event that you think violated your privacy rights.

This Notice is effective August 1,  2009.

 

 

 

Note: Information on this site is for reference purposes only. It is not intended to be nor should it be taken as medical advice. Individuals who think they may suffer from major depressive disorder should see a medical professional regarding their symptoms.

 

 

 Houston TMS - 929 Gessner Road #2000, Houston, TX 77024 - (713) 973-1007