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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