Paul
G. Pin, M.D.
NOTICE
OF PRIVACY PRACTICES
Effective
April 1, 2003
Please read this notice carefully. It concerns your individual,
private healthcare information and how this information
may be used and disclosed by this office. After reviewing
this notice you will be asked to consent to the use of
your information as described. This consent is voluntary
on your part.
1)
We have a legal, ethical and moral obligation to protect
your confidentiality. Any information about you and/or your
family will be held strictly confidential by all employees.
No discussions about you outside of the patient care framework
will be allowed, and any conversation between staff members
that pertains to delivering you quality care will be held
in a confidential and professional manner.
2) In
order to provide quality care to you, as well as operate
this office in an efficient manner, we will need to access
your private health care information for purposes of treatment,
payment and operations (such as quality assurance). In using
this information this office will comply with all state
and federal; laws pertaining to your privacy rights, including
the privacy and security protections provided to you by
the Health Insurance Portability Accountability Act (“HIPAA”).
3) Specifically,
we will need to disclose your private information under
the following circumstances:
-
Sharing Information for Purposes of Treatment:
We will share information with all members of your treatment
team, both within this office and with other providers
(personal and institutional) in order to provide you with
quality care and the educational/wellness programs specified
in your insurance plan.
-
Sharing of Information for Purposes of Payment:
We will share all necessary information with your insurer(s),
payer(s), governmental entities (such as Medicare, Medicaid,
etc.) and their representatives (including, but not limited
to benefit determination and utilization review) as well
as our representatives involved in the billing process
(including, but not limited to claims representatives,
data warehouses, and billing companies).
-
Sharing of Information for Purposes of Operations: We
will share all information necessary for ongoing operations
of this office, including (but not limited to) credentialing
processes, peer review, accreditation and compliance with
all federal and state laws.
4) Your
consent for use and disclosure of information as described
may be revoked in writing at any time. Please notify the
office/Privacy Officer if you ever decide to revoke your
consent.
5) Your
specific authorization will be required for the release
of any information not included above. Your authorization
will need to be in writing and it will be specific to the
disclosure requested. Incidences which may require your
authorization under the HIPAA regulations include (but are
not limited to) some marketing purposes, medical research
and legal issues.
6) This
office will not release any information other than those
incidents described above, unless disclosure is required
by law, a court, a legal process or government agencies.
7) Under
the HIPAA privacy rule, you will have the right to inspect
and copy your protected information, amend your record,
have reasonable requests for confidential communications
accommodated and may obtain an accounting of disclosures.
All other rights afforded to you by state and federal law
will be honored as they are created. Please contact the
Privacy Officer if you have any question about your rights,
the compliance date for this office or any other privacy
related questions you may have.
8) This
office has policies and procedures in place to facilitate
compliance with the law, as well as assure that this office
consistently treats you with respect in regards to your
privacy and confidentiality. These policies and procedures
are available for you to review. If you would like to read
them, please notify the Privacy Officer.
9) The
Privacy officer is the person in the office responsible
for your privacy and the security of your information. Any
complaints you or your family may have in this area should
be directed to the Privacy Officer. The front office staff
will assist you in contacting them.
10)
Complaints by patients or family members may also be directed
to either the office of Civil Rights or the Secretary of
the Department of Health and Human Services.
Policy
& Procedure Regarding:
Privacy
Officer
Purpose:
This
office is committed to being in compliance with all state
and federal laws protecting personal health care information,
including the Final Privacy Rule under the Health Insurance
Portability and Accountability Act (HIPAA). In order to
coordinate compliance efforts, maintain policies and procedures
to assure confidentiality and privacy as well as continually
train employees on issues regarding privacy, this office
will appoint a Privacy Officer. The Privacy Officer will
work in conjunction with the physician, the office’s
attorney and any outside consultants who may be retained
to assist this office.
Procedure:
1) The
Privacy Officer will be the same staff person identified
as the Compliance Officer for billing purposes in this office.
2) The
Privacy Officer will be responsible for evaluating any and
all privacy and confidentiality measures, policies and procedures
currently in place, will revise these as necessary to assure
full compliance with HIPAA and any other state and federal
laws, and will monitor the effectiveness of these measures
continually with revision as needed.
3) The
Privacy Officer will monitor development of the Security
requirements under HIPAA and will initiate any measures
necessary for compliance.
4) The
Privacy Officer will attend educational seminars as necessary
to keep abreast of changes and will in turn educate the
physician and staff as necessary.
5) Any
and all concerns or complaints of staff regarding privacy,
confidentiality and/or security will be brought to the Privacy
Officer’s attention.
6) Any
patient or family member expressing concern about privacy
will be directed to the Privacy Officer.
7) The
Privacy Officer will be responsible for ongoing risk assessment
and auditing of procedures to assure they are adequately
protecting patients’ privacy.
Compliance
Officer
1) The Privacy Officer will assist with the establishment
of an annual budget for ongoing staff education regarding
privacy and security issues, and will monitor and manage
the attendance of appropriate employees at educational seminars
or internal classes.
2) At
all times the Privacy Officer will keep the physician informed
of issues regarding privacy and confidentiality in the office.
3) At
all times the Privacy Officer will be expected to communicate
freely to the physician about questions and concerns regarding
privacy, confidentiality and security.
4) At
no time will the Privacy Officer be disciplined or retaliated
against for the appropriate communication of concerns or
actions taken to protect the integrity of this office (see
Open Communication policy and procedure located in this
manual).
Policy
& Procedure Regarding:
Staff Education
Purpose:
In keeping
with our commitment to comply with all federal and state
laws and regulations, this office will invest in continuing
education for all of its employees with any access to patients’
personal health care information.
Procedure:
1) The
Privacy Officer will estimate educational expenses each
year so that amount can be included in the office annual
budget, (see Privacy Officer policy & procedure located
in this manual).
2) The
decision as to which employees will attend which programs
will rest entirely with the Privacy Officer. The decision
will be based on the needs of the office and not the seniority
of staff or any other aspect of employment of an individual
employee.
3) Any
employee attending an educational program on office time
and/or at the expense of the office will be expected to
share what he/she learned with other appropriate staff members.
The scope, location and timing the of the program will be
determined by the Privacy Officer.
4) All
staff will comply with any request by their supervisor to
redistribute responsibilities in order to facilitate other
staff members attending educational programs.
5) All
staff will assist as requested in periodic audits of privacy
and security measures in this office, and will participate
in educational programs conducted by the Privacy Officer
(or outside consultants as arranged by the Privacy Officer)
based on the findings from those audits.
Policy
& Procedure Regarding:
General
Guidelines: Medical Records
Purpose:
Our
medical records are a fundamental component of delivering
quality patient care. The record is a form of communication
between health care providers in this office as well as
other providers who will care for our patients over the
course of their lives. The record will also assist us in
remembering important details about our patients’
health concerns over the course of time.
Medical
records also have a risk-management function. With the increase
in malpractice claims during the mid-1970s, patient charts
assumed an important role outside the clinical setting.
Although prevention and control are the most important tools
a physician has against a potential liability claim complete
and comprehensive documentation can mean the difference
between a successful defense and an adverse judgment or
settlement. In the event of a lawsuit, the medical record
provides a historic perspective on treatment that can be
measured in terms of standards of care. (Standards of care
are the minimum sets of services which should be provided
for the treatment of a patient’s condition.) When
a physician does not use the standard of care which others
in the profession would employ, that physician has breached
a duty to the patient. The medical record is a legal document
which helps reconstruct the sequence of care.
Procedure:
Statement of General Guidelines:
1) Documentation
will include all appropriate facts, findings and observations
about an individual’s health history, including past
and present illnesses, examinations, tests, treatments and
outcomes.
2) The
structure of medical records in this facility will be consistent,
and in a format that allows the physician to access it easily
and quickly.
3) Documentation
will also be in keeping with billing requirements of third-party
payers, including CPT/ICD-9 codes.
4) Records
will adequately and accurately record the site of the service,
the medical necessity and appropriateness of the diagnostic
and/or therapeutic service provided, the quality of care
delivered and the outcomes related to delivered care.
5) All
patient visits will be documented in the patient’s
medical record.
6) All
entries will include the initials of the person making the
entry, as well as the date of the entry.
7) Each
patient will have a separate record. Family members will
not be grouped into one record.
8) Every
record will include documentation of any and all complaints
by the patient related to any medical condition and/or treatment,
examinations/assessments, office visits, and results from
specialized testing and plans of treatment.
9) All
entries will be clear and LEGIBLE.
10)
No entry will ever be made that reflects a negative judgment
about a patient and/or a family member.
11)
No record or any entry therein will be altered, erased,
obliterated, deleted, removed or destroyed under any circumstances.
12)
If an erroneous entry is made a single line should be placed
through the error, initialed by the employee making the
notation with the date of the correction above his/her initials.
13)
“White Out” and other obliterating materials
are not allowed for use in this facilities records.
14)
Employees of this facility will always keep in mind that
a medical record is a legal document, and that every medical
record must be complete, detailed and accurate. Any falsification
of the record will be grounds for possible legal action
by state regulatory agencies up to and including revocation
of licensure. In addition falsification or other inappropriate
behavior regarding medical records, including the inappropriate
divulging of confidential information, may result in disciplinary
action including termination of employment.
Statement of General Standards:
The
following standards should be considered in order to ensure
complete and proper documentation of all patient-related
issues (this list should not be considered to be definitive
or all-inclusive).
1) Any
instances when patients do not follow the treating physician’s
orders.
2) Failure
to return for follow-up visits as well as any attempts to
contact the patient to reschedule should be documented.
3) Cancellations
or missed appointments should be documented, including the
reason for the missed treatment, if provided.
4) Any
discussion held over the phone and all prescription refills
should be documented.
5) To
improve efficiency and minimize the possibility of losing
critical information, any patient medical record will contain
medical information and limited financial information.
6) Patient’s
records should be filed alphabetically. Additionally, all
information in patients’ medical records will be arranged
in a uniform manner consistent with this office’s
guidelines.
7) In
addition to the required medical records documentation procedures,
patients presented with special conditions (e.g., allergies,
precautions, contraindications, special instructions, etc.)
will have these special conditions posted on the outside
of the front cover of their medical record. (Patient confidentiality
WILL NOT be compromised while meeting this standard).
8) If
a cardiovascular complication exists, the patient’s
cardiovascular status before, during and after any procedure
should be documented.
9) Patients
will be given access to their permanent medical record according
to federal and state regulations.
Policy
& Procedure Regarding:
Confidentiality of Medical Records
Purpose:
We have
a legal, ethical and moral obligation to protect the confidentiality
of our patients. All information about any patient will
be held strictly confidential by all employees. No discussion
of patients outside of the patient care framework will be
allowed, and any conversation between staff members that
is directed at delivering quality patient care will be held
in a confidential and professional manner.
Procedure:
1) Should
a patient inquire about the diagnosis or any other personal
information regarding another patient, the inquiring patient
will be told, “I can’t discuss that due to patient
confidentiality ”.
2) All
patient records will be secured in the allocated place within
this office. Staff members will ensure, at all times, that
conversations regarding patients are not overheard by others.
3) Any
and all information gathered or heard, officially or unofficially,
about a patient shall be construed as confidential. Release
of the aforementioned information by an employee to another
patient, a fellow employee or any unauthorized person shall
be regarded as a breach of confidence and grounds for immediate
dismissal.
4) Physician’s
prescription pads will be considered to be a record or document
and as such will be stored and secured in the same manner
as any other medical record of this office. All prescription
pads will be stored and secured out of view at all times,
especially during normal business hours.
5) Records
will never be left where they are able to be read by any
unauthorized person.
6) All
treating physicians will be given appropriate access to
a patient’s medical record in keeping with the delivery
of quality patient care (see Release of Medical Records
policy and procedure including in this manual). This will
include the appropriate sharing of medical records with
all consulting physicians.
7) Records
may be reviewed by the patient by a parent of a minor (under
most circumstances) and people who have a legal duty/authority
such as a guardian or a person with a legal right under
a effective Durable Power of Attorney. These people will
still be asked to sign an appropriate Release of Medical
Record form (see Release of Medical Records policy and procedure
included in this manual). No other persons will be allowed
access to medical records.
8) Information
concerning patients is strictly confidential and must not
be discussed with unauthorized persons either inside or
outside the office.
Policy
& Procedure Regarding:
Release of Medical Records
Purpose:
In keeping
with our duty to protect our patient’s confidentiality
(see Confidentiality of Medical Records policy & procedure
included in this manual), this facility will not release
any medical record without strict adherence to the following
procedure.
Procedure:
1) In
keeping with Texas law, original medical records are the
property of the treating physician, and as such will not
be released from this facility unless in accordance with
a court order, subpoena or statute. Original medical records
are never allowed to leave this facility without prior authorization
and approval by the treating physician.
2) This
facility recognizes the right of patients to have a copy
of their medical record forwarded to themselves, another
physician, or an attorney for legal purposes.
3) In
keeping with our duty to be assured that we are complying
with the patient’s wishes, oral requests for the release
of medical records will not be honored.
4) Any
patient requesting release of their medical records, even
to themselves, will complete the authorization for release
of medical records form produced by this office.
5) A
parent or legal guardian will be required to sign the authorization
for release of medical records form if the patient is a
minor. A legal guardian must sign if the patient has been
adjudicated incompetent to manage his or her personal affairs.
An attorney appointed for the patient, or a legally recognized
representative for a deceased patient may also sign the
release of medical records form. No other persons will be
permitted to sign in lieu of patients in this office without
a court order or similar legal directive.
6) No
information regarding a patient will be accessible to anyone
who is not authorized to obtain such information unless
the patient or legal representative has expressively consented,
in writing to such release of information.
7) Prior
to any records being released, a copy of the written release
of medical records form must be retained and placed in the
patient’s permanent medical record.
8) This
office will do everything within its powers to assure that
no forgeries or other illegal requests for release of medical
records are honored, but cannot guarantee that such fraudulent
requests will not pass reasonable scrutiny and procedure.
9) The
patient or other person authorized to consent, has the right
to withdraw consent to the release of any information. Such
withdrawal must be in writing. No information should be
released after consent has been withdrawn.
10)
Medical records will be faxed from this office when the
request is consistent with delivering quality patient care.
Following an appropriate request for medical records the
requested information will be faxed with, the following
precautions being taken:
11)
Faxing medical information will comply with the requirements
of the Medical Practice Act relating to consent for release
of confidential information when transmitting any confidential
or physician-patient communications, or privileged medical
records.
12)
The attached confidential fax transmission cover sheet will
always be utilized.
13)
Any fee or charge for copying, mailing or otherwise complying
with an appropriate request for the release of medical records
will be accordance with limits set by the Texas State Board
of Medical Examiners.
Policy
& Procedure Regarding:
Retention & Storage of Medical Records
Purpose:
This
office will maintain all medical records in accordance with
all applicable federal, state and local laws, statutes and
ordinances.
Procedure:
1) In
order to protect the confidentiality of our records, no
unauthorized access will be permitted. Records will be restricted
to employees with a specific work related need to view the
records, and those employees will only access those portions
of the record applicable to their duties. No other employee
access will be permitted; violation of this principle will
result in appropriate disciplinary action.
2) In
keeping with the 1997 ruling by the Texas State Board of
Medical Examiners, all records in this office will be saved
for seven (7) years after the last date of treatment and/or
death of the patient.
3) In
addition, as per the TSBME ruling, all pediatric records
will be saved until the patient reaches twenty one (21)
years of age, or seven (7) years, whichever is longer.
4) No
record will be destroyed by this office, even if the record
retention requirement set by the Texas State Board of Medical
Examiners has expired, if that record is related to any
civil, criminal or administrative proceeding and it is known
by this office and/or the physician that the proceeding
has not been finally resolved.
5) This
facility will retain records longer than seven (7) years
under any circumstances imposed by other federal or state
statutes or regulations.
6) Destruction
of medical records will be performed exclusively by means
which will maintain patient confidentiality, such as shredding
or incineration. This process will be under the supervision
and the responsibility of the Office Manager.
Telephone
Procedures
Purpose:
Communication
is a key to quality patient care as well as customer satisfaction.
Anyone contacting this office by phone will find this office
to be courteous, efficient and professional.
Procedure:
1) Calls
will be answered within five (5) rings.
2) Appropriate
training/disciplinary procedures will be activated if phone
calls are not being answered in time, and staffing will
be adjusted accordingly.
3) If
a phone is answered but the caller must wait for the completion
of another call, the staff member will answer and ask, “Can
you please hold?” NO CALLER WILL BE PUT ON HOLD UNTIL
THE QUESTION IS ANSWERED AFFIRMATIVELY. This is critically
important as patients may be calling in an emergency situation.
4) No
person will be placed on hold by the front office for more
than four (4) minutes before finding out who is calling,
and for what purpose.
5) Calls
for appointments will addressed in accordance with the Appointments
policy & procedure (located in this manual).
6) Calls
regarding care, treatment, or questions and concerns about
symptoms will be forwarded to the physician.
7) The
patient will always be given the opportunity to speak to
the physician, with assurances that the doctor will return
the call at his earliest convenience.
8) If
the office has any concern regarding whether the caller
needs immediate evaluation by the physician, the physician
will be interrupted and given all the appropriate information
in order to address the patient concern immediately.
9) It
is the policy of our office to only contact patients at
home, unless a specific alternate request is made. In attempting
to return phone messages, supply information about treatment,
or notify patients of upcoming appointments our office will
call the patient’s home and leave a message either
with a person or on the patient’s answering machine.
At no time will our office attempt to contact a patient
at work unless specifically instructed to do so by the patient
themselves.
Policy
& Procedure Regarding:
Telephone Calls Regarding Patients
Purpose:
Protecting
patient confidentiality is one of the primary responsibilities
of all employees of this office. Even well intentioned inquires
must not be answered in a manner that violates our patients’
confidentiality.
Procedure:
1) Telephone
calls are to be answered promptly and courteously (see Telephone
Procedures policy located in this manual), but information
is to be given out very cautiously.
2) Ethical
and legal restrictions on the dissemination of medical information
are numerous. When in doubt it is the office policy to never
give out any information.
3) The
following rules regarding telephone inquires must be observed:
4) Friends
or Relatives – Restrict information given to callers.
Never divulge information regarding diagnosis or treatment.
Offer to refer inquiries to the patient, family members,
or the physician as appropriate.
5) Insurance
Companies – Refer all inquiries to the Office Manager.
6) Attorneys
– Refer all inquiries to the Office Manager.
7) Physicians
– Release required information only if the physician
is participating in the diagnosis, examination and treatment
of the patient.
8) Any
inquirer should be asked to identify himself/herself and
should be requested to state his or her purpose for the
inquiry. When in doubt, no information should be released,
and the inquirer should be referred to the Office Manager.
Policy
& Procedure Regarding:
Open Communications
Purpose:
Integrity
is important to this office. We are committed to follow
ethical guidelines as well as all legal requirements from
federal, state and local authorities. In recognition of
this commitment we urge all employees to notify the Privacy
Officer if they are ever aware that this standard of conduct
is not being met by any person in this office. (See also
the Privacy policy & procedure, located in this manual).
Procedure:
1) Should
any employee become aware of any impropriety regarding this
office’s duty to protect our patients’ privacy
& confidentiality, that person must contact the Privacy
Officer.
2) Concerns
about the privacy and security of patients’ health
information may also be conveyed by contacting the Privacy
Officer at home.
3) If
the employee’s concern is not sufficiently resolved
by the Privacy Officer, the employee should contact Dr.
Pin.
4) At
all times the confidentiality of the employee will be of
the utmost importance, but will not interfere with necessary
investigations and actions that may occur as a result of
the information.
5) Under
no circumstances will any administrative action be taken
to retaliate against any employee making any allegation
of impropriety, even if their concerns prove to be unjustified.
6) Appropriate
accommodations will be made to the extent possible in order
to alleviate tensions between staff members that may result
from such reporting.
7) Under
no circumstances will harassment of an employee due to his/her
appropriately reporting concerns be tolerated. Other employees
face termination of employment if retaliatory words or acts
are evident.
Policy
& Procedure Regarding:
Patient Complaints
Purpose:
Complaints
may arise under a variety of circumstances in any clinical
setting. The purpose of this policy is to anticipate complaints
and provide a coherent, concise means to respond in order
to preserve patient confidence and satisfaction.
Procedure
for Recording Complaints:
1) Listen
– In order to truly listen you must give your undivided
attention. Stop what you are doing. If you are on the phone
make appropriate responses so the patient knows you are
listening. Do not argue with the patient or interrupt with
explanations. Listen without attributing fault.
2) Empathize
– Put yourself in the customer’s place. Offer
a statement of empathy (e.g., I’m sorry that...”,
or “I understand that...”). Do so without agreeing
to guilt on your part or on behalf of the office. Extend
understanding without agreement.
3) Inquire
– Gain as much information as you can concerning the
problem to assist with your decision for the best route
to handle the complaint. Be sure the patient knows you take
his or her concern seriously.
4) Act
– Explain suggested solutions concerning those things
that you can do. Get his or her approval on the recommended
action (e.g., “I will contact... and ask them to get
back to you”). If there isn’t any action that
is immediately apparent assure the patient that the appropriate
person will be informed and that the patient can expect
a response back.
5) Conclude
– Thank the customer for taking the time to notify
you of their concern/complaint. Leave them with a clear
understanding that patient satisfaction is a critical component
of quality patient care in our office. Ask if you can help
with anything else.
Patient
Complaints
Assignment of Responsibility Action:
Care
giver/Staff member:
1) Record
complaint as outlined above. Report the complaint, any action
you have taken in response to the complaint, and the status
of the complaint (i.e. resolved, still needs action, needs
input from privacy officer, etc.).
2) Follow
through and report back to the office manager as instructed.
Office
Manager:
1) Receive
complaint from employee (or patient). Investigate concern/complaint.
2) Contact
patient to assure him/her that complaint was received. Inform
patient of the results as appropriate. Provide addresses
of appropriate individuals or agencies to patient or patient
representative as appropriate.
3) Review
findings and suggested changes in clinical practice, employee
policies, etc.
4) Have
copy of complaint, incident reports and/or other documentation
stored appropriately.
Policy
& Procedure Regarding:
Patient Rights & Responsibilities, Introduction
Purpose:
We have
a legal, ethical and moral duty to protect our patient’s
rights. At the same time, our patients have a responsibility
to participate in their care in an appropriate, reasonable
manner.
Procedure:
1) The
notice of Patient Rights [attached] will be available in
each treatment area as well as the waiting room of this
office.
2) A
copy of the Patient Rights form will be provided to any
patient, family member or visitor upon request;
3) The
notice of Patient Responsibilities [attached] will be available
in each treatment area as well as the waiting room of this
office.
4) A
copy of the Patient Responsibilities form will be provided
to any patient, family member or visitor upon request;
5) All
employees will be familiar with these documents through
training in the initial orientation process as well as annual
ongoing in-service education at the direction of the Office
Manager.
Patient
Rights
This
form is meant to inform you, the patient, as well as your
family that you have rights and responsibilities while undergoing
medical care in our office. If there are any questions regarding
the contents of this form please notify any staff member.
Patients
Rights
1) Access
to Care – Individuals shall be accorded impartial
access to treatment or accommodations as to his or her requests
and needs for treatment or service that are within the office’s
capacity, availability, stated mission and applicable law
and regulation, regardless of race, creed, sex, national
origin, religion, disability/handicap or source of payment
of services.
2) Respect
and Dignity – Every individual, whether adult,
adolescent or newborn, has the right to considerate, respectful
care/services at all times and under all circumstances,
with recognition of his or her personal dignity and his
or her psycho social, spiritual and cultural variables that
influence the perceptions of illness.
3) Privacy
and Confidentiality – The patient or his
or her parent or legally designated representative has the
right, within the law, to personal and informational privacy,
as manifested with the right to:
- Be
interviewed and examined in surroundings designed to assure
reasonable audiovisual privacy. This includes the right
to have a person of one’s own sex present during
certain parts of a physical examination, treatment of
procedure performed by a health professional of the opposite
sex and the right not to remain disrobed any longer than
is required for accomplishing the medical purpose for
which the patient was asked to disrobe.
- Expect
that any discussion or consultation involving the patient’s
case – whether the patient is an adult, adolescent,
or newborn – will be conducted discreetly, and that
individuals not directly involved in his or her care/services
will not be present without his/her permission.
- Have
the right to review his or her medical records and have
the information explained, except when restricted by law.
- Have
the medical records read only by individuals directly
involved in the treatment.
- Expect
all communications and other records pertaining to care/services
of the individual, including the source of payment for
treatment, to be treated as confidential.
4) Personal
Safety – The patient, whether adult, adolescent
or newborn, has the right to expect reasonable safety insofar
as the office practices and environment are concerned.
5) Identity
– The patient of his or her parent or legally designated
representative has the right to know the identity and professional
status of the individuals providing service to the patient,
and to know which physician is primarily responsible for
his or her care/services. This includes the right to know
of the existence of any professional relationship among
individuals who are treating him or her, as well as the
relationship of the office to any other health care/services
involved in his or her care. Participation by patients in
clinical training programs or in the gathering of data for
research purposes should be voluntary.
6) Information
– The patient or his or her parent or legally designated
representative has the right to obtain from the practitioner
responsible for coordination of his or her care/services
complete and current information concerning his or her diagnosis
(to the degree known), any treatment and any known prognosis.
This information should be communicated in terms the patient
or his or her parent or legal designated representative
can reasonably be expected to understand. When it is not
medically advisable to give such information to the patient,
the information should be made available to a legally authorized
individual.
7) Consent
– The patient or his or her parent or legally designated
representative has the right to the information necessary
to enable him or her, in collaboration with the physician,
to make treatment decisions involving his or her health
care/services that reflect his of her wishes. To the degree
possible, this should be based on a clear, concise explanation
of his or her condition and of all proposed technical side
effects, problems related to recuperation, and probability
of success. The patient should not be subjected to any procedure
without voluntary, competent consent by the individual or
by his or her legally designated representative. Where a
medically significant need for care/services or treatment
exists, the patient or his or her parent or legally designated
representative shall be so informed.
- The
patient or his or her parent or legally designated representative
has a right to know who is responsible for authorizing
and performing the procedures for treatment.
- The
patient or his or her legally designated representative
shall be informed if the office proposes to engage in
research/educational projects affecting his or her care/services
or treatment. If the patient chooses not to take part,
he or she shall receive the most effective care/services
the clinic otherwise provides.
8) Consultation
– The patient or his or her legally designated representative
has the right to accept medical care/services or to refuse
treatment to the extent permitted by law and to be informed
of the medical consequences of such refusal. When refusal
of treatment by the patient or his or her parent or legally
designated representative prevents the provision of appropriate
care/services in accordance with ethical and professional
standards, the relationship with the patient may be terminated
upon reasonable notice.
9) Transfer
and Continuity of Care – A patient has the
right to expect that the office will give necessary health
services to the best of its ability. Treatment, referral
or transfer may be recommended. If transfer is recommended
or requested, the patient will be informed of risks, benefits
and alternatives.
10)
Charges – Regardless of the source
of payment for the individual’s care/services, the
patient or his or her parent or legally designated representative
has the right to request and receive an itemized and detailed
explanation of his or her total bill for services rendered
in the office.
11)
Delineation of Patient’s Rights –
The rights of the patient may be delineated on behalf of
the patient, to the extent permitted by law, to the patient’s
guardian, next of kin or legally authorized responsible
person if the patient provided the patient:
- Has
been adjudicated incompetent in accordance with the law
- Is
found by his or her physician to be medically incapable
of understanding the proposed treatment or procedure
- Is
unable to communicate his or her wishes regarding treatment.
- Is
a minor.
12)
Rules and Regulations – The patient
or his or her parent or legally designated representative
should be informed of the office rules and regulations applicable
to his or her conduct as a patient. Patients are entitled
to information about the mechanism for the initiation, review
and resolution of patient complaints.
Patient
Responsibilities
This
form is meant to inform you, the patient, as well as your
family that in addition to rights, you have responsibilities
while undergoing medical care in our office. If there are
any questions regarding the contents of this form please
notify any staff member.
1) Keep
Your Health Care Providers Accurately Informed
– A patient or his or her parent or legally designated
representative has the responsibility to provide, to the
best of his or her knowledge, accurate and complete information
about present complaints, past illnesses, hospitalizations,
medications and other matters relating to his or her health.
He or she has the responsibility to report unexpected changes
in his or her condition to the physician. A patient or his
or her parent or legally designated representative is responsible
for making it known whether he or she comprehends a contemplated
course of action and what is expected of him or her.
2) Following
Your Treatment Plan – A patient or his or
her parent or legally designated representative is responsible
for following the treatment plan recommended by the practitioner
primarily responsible for the patient’s care/services.
This may include following the instructions of office personnel
as they carry out the coordinated plan of care/services
and implement the physician’s orders.
3) Keep
Your Appointments – The patient is responsible
for keeping appointments and, when unable to do so for any
reason, for notifying our office.
4) Be
Responsible For Any Decision You Make Not To Follow Your
Treatment Plan, And Keep Your Health Care Practitioners
Informed About Your Decision(s) – The patient
or his or her parent or legally designated representative
is responsible for his or her actions if he or she refuses
treatment or does not follow the physician’s instructions.
If the patient cannot follow through with the treatment,
he or she is responsible for informing the physician.
Notice
of Patient Responsibilities
1) Be
Responsible For Your Financial Obligations –
The patient or his or her parent or legally designated representative
is responsible for assuring that the financial obligations
of his or her health care/services are fulfilled as promptly
as possible. The patient is responsible for providing information
for insurance.
2) Comply
With The Rules Of This Office Regarding Patient Care and
The Conduct of Our Patients/Visitors – The
patient or his or her parent or legally designated representative
is responsible for following office rules and regulations
affecting patient care/services and conduct.
3) Be
Considerate of Others – The patient or his
or her parent or legally designated representative is responsible
for being considerate of the rights of other patients and
personnel, and for assisting in the control of noise, smoking
and the number of visitors. The patient is responsible for
being respectful of the property of other persons and of
the office.
4) Be
Responsible For Your Own Lifestyle Choices –
A patient’s health depends not just on his or her
care/services but, in the long term, on the decisions he
or she makes in daily life. He or she is responsible for
recognizing the effect of lifestyle on his or her personal
life.
Policy
& Procedure Regarding:
Consent for Treatment
Purpose:
The
office recognizes the right of every patient to participate
in the development of their treatment plan and to consent
to treatment before it is initiated. We also understand
that consent requires the patient be adequately informed
and give consent freely and without any duress or pressure.
Information given to the concenter should include the following:
diagnosis of condition, nature and purpose of the proposed
treatment, risks and ramifications involved, alternative
methods of treatment, and the prognosis if the procedure
is not performed.
Procedure:
1) The
patient, or his or her parent or legally designated representative,
has the right to an individualized treatment plan and to
participate in the development of that plan.
2) The
patient, or his or her parent or legally designated representative,
has the right to the information necessary to enable him
or her, in collaboration with the physician to make treatment
decisions involving his or her health care/services that
reflect his or her wishes.
3) The
staff of this office will assist in the proper education
of the patient (and or representative) to facilitate informed
consent. Educational materials such as brochures, pamphlets
and other aids will be utilized as available, but they will
never replace the importance of discussion of treatment
with a patient and answering all of his/her questions. Educational
efforts will be documented in the patients chart (see attached
Patient Education form).
4) The
staff will participate in the education of patients (and/or
their representatives) as appropriate, but the responsibility
for assuring consent is informed and granted remains with
the treating physician.
5) Consent,
to the degree possible, will be based on a clear, concise
explanation of:
- The
patient’s condition.
- The
differential diagnosis.
- Description
and purpose of proposed treatment.
- The
expected benefits and outcomes of the proposed treatment.
- Risks
associated with the proposed treatment.
- Alternatives
to the proposed treatment (including risks and benefits).
- Consequences
of no treatment.
6) The
patient will not be subjected to any procedure without voluntary,
competent consent by the individual or that of his or her
parent or legally designated representative.
7) Legal
consent may be obtained from the following:
- The
patient, if at least 18 years old, and if physical and
mental condition permits.
- A
parent or legal guardian, if a minor is involved.
- A
minor (under 18 years of age) for themselves if they are:
8) On
duty with this nation’s armed forces.
9) At
least 16 years old, lives apart from his or her parents,
and manages his or her own financial affairs.
10)
Consenting to the diagnosis and treatment of any infectious,
contagious or communicable disease which is reportable to
the Texas Department of Health.
- A
minor who is unmarried and pregnant can consent to treatment
related to the pregnancy.
- Any
person, or educational institution, with written authorization
from the person who would otherwise have the power.
- The
court having jurisdiction of the patient.
11)
The patient, or his or her parent or legally designated
representative, has the right to know who is responsible
for authorizing and performing the procedures or treatment.
12)
The patient, or his or her parent or legally designated
representative, shall be informed if the office proposes
to engage in research/educational projects affecting his
or her care/services or treatment. If the patient chooses
not to take part, he or she shall receive the most effective
care/services the office otherwise provides.
13)
The patient, or his or her parent or legally designated
representative, has the right to accept medical care/services
or to refuse treatment to the extent permitted by law, and
be informed of the medical consequences of such refusal.
When refusal of treatment by the patient or his or her parent
or legally designated representative prevents the provision
of appropriate care/services in accordance with ethical
and professional standards, the relationship with the patient
may be terminated upon reasonable notice (see Termination
of Physician/Patient Relationship policy & procedure
located in this manual).
Policy
& Procedure Regarding:
Translation Services
Purpose:
The
purpose of this policy is to make certain that methods and
procedures are in place to ensure effective communication
with persons of limited English-proficiency so that they
will be afforded equal access to the services provided by
our office.
Procedure:
1) The
office shall provide for communication with limited English-proficient
persons, including current and prospective patients, family,
interested persons, et al., to ensure them an equal opportunity
to benefit from services.
2) Any
information about services, benefits, consent forms waivers
of rights, financial obligations, etc., will be communicated
to limited English-proficient persons in a language which
they understand.
3) When
a translator is needed, the office staff is responsible
for contacting a translator who speaks the needed language.
If unable to locate a translator the office will utilize
the AT & T translator operator.
4) Family
members will never be used as translators during the normal
course of treatment without the patient’s consent,
as it is impossible to protect the patient’s confidentiality
and privacy when his/her family members are involved in
this manner.
Paul
G. Pin, M.D.
3600 Gaston
Barnett Tower, Suite 410
Dallas, Texas 75246
214-827-2530
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