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. Anton Health of California, P.C. ("Anton") is dedicated to maintaining the privacy of your health information. In conducting our business, we will create, receive, or retain records regarding your treatment and the services we provide. We are required by law to maintain the confidentiality of protected health information that identifies you ("PHI"), which is regulated by the Health Insurance Portability and Accountability Act of 1996, as amended and along with its implementing regulations (collectively "HIPAA"). We also are required by law to provide you with this Notice of our legal duties and the privacy practices that 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 that are created, received, or retained by Anton. Anton is required to abide by the terms of this Notice 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 Anton 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 Anton using the contact information featured at the end of this Notice.
How We May Use and Disclose Your PHI
We may use and disclose your PHI in the following ways:
Treatment. Anton may use your PHI to treat you. For example, our physicians may ask about your health history in order to treat you. The people who work at Anton, including, but not limited to, our physicians may use or disclose your PHI in order to treat you or to assist others in your treatment.
Payment. Anton may use and disclose PHI in order 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.
Health care operations. Anton may use and disclose PHI to operate our business. As examples of the ways in which we may use and disclose your information for our operations, Anton may use your PHI to evaluate the quality of care you received from us, to conduct training of medical professionals and non-professionals, or to conduct cost-management and business planning activities for Anton, among other activities. Anton may also disclose PHI to another health care provider or for the health care operations activities of that entity if it also has or had a relationship with you and the PHI pertains to that relationship.
Appointment reminders. Anton may use and disclose PHI to contact you and remind you of an appointment.
Treatment options and health-related benefits and services. Anton may use and disclose PHI to inform you of potential treatment options or alternatives. We may use and disclose PHI to inform you of health-related benefits or services that may be of interest to you. If you do not want Anton to contact you regarding these services, you may opt out by contacting us using the contact information featured at the end of this Notice.
Disclosures required by law. Anton will use and disclose PHI when we are required to do so by federal, state or local law.
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. Anton does not create or maintain psychotherapy notes.
Disclosures to our business associates. Anton may contract with other organizations to provide services on our behalf. In those situations, we will enter into an agreement with the organization that sets forth the requirements for protecting, using and disclosing any PHI about you.
De-identify data and created limited data sets. We may "de-identify" PHI pursuant to the HIPAA Privacy Rule, so that it is no longer reasonably identifiable, and share it with others for purposes consistent with our mission, including for research, to develop and improve AI tools and models, and to improve care for the communities we serve. We may also use PHI to create a "limited data set" by removing certain identifying information. We may use or share a limited data set only for research, public health or healthcare operations purposes, and those who receive a limited data set from us must sign an agreement to protect your health information.
Your Right and Choice in Certain Situations
You have the right and choice to agree to, or prohibit or restrict the use or disclosure of PHI in certain situations. Anton 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 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. Additionally, we may disclose information about you to a personal representative. If a person has the authority by law to make health care decisions for you, we will generally treat that personal representative the same way we would treat you with respect to your health information.
Use and Disclosure of Your PHI in Certain Circumstances
We may use or disclose PHI in the following situations (subject to the "Potential for redisclosure" provision and the "Your Rights Regarding Your PHI" section below):
Public health and safety issues. Anton 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; and
- Preventing or reducing a serious threat to anyone's health or safety.
Health oversight activities. Anton 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. Anton 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 Anton is complying with federal privacy law. Anton may use and disclose PHI in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. Anton 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. Anton 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. Anton 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. Anton 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. Anton 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. Anton may disclose PHI for workers compensation claims.
Military and veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.
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.
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 Anton 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 us using the contact information featured at the end of this Notice and specifying the requested method of contact, or the location where you wish to be contacted. Anton 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 Anton. 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 you with 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 using the contact information featured at the end of this Notice in order to inspect and/or obtain a copy of PHI. Anton may charge a fee for the costs of copying, mailing, labor and supplies associated with your request. Anton 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 PHI we have 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 Anton. To request an amendment, you must make your request, in writing, to us using the contact information featured at the end of this Notice.
Accounting of disclosures. You have the right to request a list of certain disclosures we made of PHI for six years prior to the date of your request. To request an accounting of disclosures, you must make your request, in writing, to us using the contact information featured at the end of this Notice.
Right to get notice of a breach. You have the right to be notified upon a breach of any of your PHI which is deemed to be unsecure in accordance with applicable law.
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 at any time. To obtain a paper copy of this Notice, contact us using the contact information featured at the end of this Notice.
Right to file a complaint. If you believe your privacy rights have been violated, you may file a complaint with Anton or with the Secretary of the Department of Health and Human Services. To file a complaint with Anton, contact us using the contact information featured at the end of this Notice. 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. Anton will obtain your written authorization for uses and disclosures that are not identified by this Notice or permitted by applicable law. Further, Anton will never share PHI for marketing purposes or sale your information unless you give Anton written permission. Any authorization you provide to us 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.
Right to discuss this notice with a representative. You have a right to discuss this notice with one of our representatives. You may request this discussion by contacting using the contact information featured at the end of this Notice.
Contacting Us
If you have questions about this Notice or our privacy practices, or wish to make a request, contact us at privacy@myanton.care or Anton Health of California, P.C., 3080 South Ct, Palo Alto, CA 94306.