Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, HOW YOU CAN GET ACCESS TO THIS INFORMATION, AND YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION. PLEASE REVIEW IT CAREFULLY.
Our HIPAA compliance commitment
Kauai Drip, LLC ("Kauai Drip," "we," "our," or "us") is a health care provider that complies with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, including the HIPAA Privacy, Security, and Breach Notification Rules, as applicable to our practice.
We are required by law to maintain the privacy and security of protected health information (PHI), provide you with this Notice of our legal duties and privacy practices, notify affected individuals following a breach of unsecured PHI as required by law, and follow the terms of the Notice currently in effect.
PHI is information, including demographic information, that identifies you or could reasonably be used to identify you and that relates to your past, present, or future physical or mental health or condition, the health care provided to you, or payment for that care. PHI may be oral, written, or electronic.
How we may use and disclose your health information
HIPAA permits us to use or disclose PHI for certain purposes without your written authorization. When applicable, we limit uses, disclosures, and requests to the minimum information reasonably necessary, except where the minimum-necessary rule does not apply, such as disclosures for treatment.
Treatment
We may use and disclose your PHI to provide, coordinate, or manage your care. For example, we may share relevant records with physicians, hospitals, laboratories, pharmacies, imaging facilities, specialists, or other health care providers involved in your care. We may access or exchange records through a health information exchange or health system when authorized or otherwise permitted by law for continuity of care.
Payment
We may use and disclose PHI to bill for and obtain payment for services, determine eligibility or coverage, coordinate benefits, or conduct collection activities. Although Kauai Drip is primarily a cash-pay practice, payment-related uses or disclosures may still occur when applicable.
Health care operations
We may use and disclose PHI for activities necessary to operate and improve our practice, including quality assessment, patient-safety activities, staff training, credentialing, licensing, compliance, audits, legal services, business planning, and customer service.
Business associates
We may share PHI with vendors and contractors that perform services for us and require access to PHI, such as electronic health record, billing, laboratory, technology, records-management, or professional-service vendors. When required by HIPAA, we enter into written business associate agreements requiring these parties to protect PHI.
Appointment reminders and care communications
We may contact you about appointments, test results, prescriptions, treatment alternatives, follow-up care, and health-related services offered by Kauai Drip that may interest you. We will use reasonable safeguards and honor reasonable requests for confidential communications.
Individuals involved in your care or payment for your care
Unless you object, or when otherwise permitted by law, we may share information relevant to your care or payment with a family member, friend, caregiver, personal representative, or another person you identify. If you are unable to agree or object, we may use professional judgment to determine whether a limited disclosure is in your best interest.
Required or permitted by law
We may use or disclose PHI when permitted or required by federal or state law, including for:
Public health and safety activities, such as reporting certain diseases, adverse events, or product problems;
Reporting suspected abuse, neglect, or domestic violence when authorized or required by law;
Health oversight activities, including audits, investigations, inspections, and licensure matters;
Judicial or administrative proceedings in response to a valid court or administrative order, subpoena, discovery request, or other lawful process, subject to applicable safeguards;
Law-enforcement purposes when the legal requirements are met;
Coroners, medical examiners, and funeral directors as permitted by law;
Organ and tissue donation;
Research when an authorization, waiver, or other legal permission applies;
Preventing or reducing a serious and imminent threat to health or safety;
Specialized government functions, including certain military, national-security, protective-services, and correctional-institution activities; and
Workers' compensation programs or similar programs as authorized by law.
Uses and disclosures that generally require your written authorization
Uses and disclosures not described in this Notice will generally be made only with your written authorization. In particular, we will obtain your authorization for most uses and disclosures of psychotherapy notes, uses and disclosures of PHI for marketing when HIPAA requires authorization, and disclosures that constitute a sale of PHI. Kauai Drip does not sell PHI.
If you authorize us to use or disclose PHI, you may revoke that authorization in writing at any time. Revocation will not affect actions already taken in reliance on the authorization or when the law otherwise permits or requires the use or disclosure.
Substance use disorder records
Certain substance use disorder treatment records may receive additional protection under 42 C.F.R. Part 2. If we create, maintain, or receive records protected by Part 2, we will use and disclose them only as permitted by applicable law. Records received from a Part 2 program, or testimony describing the content of those records, may not be used or disclosed in a civil, criminal, administrative, or legislative proceeding against the patient unless the patient provides specific written consent or a court order authorizes the use or disclosure after notice and an opportunity to be heard, as required by law.
Fundraising
If we contact you for fundraising, you may tell us not to contact you again. Kauai Drip does not currently use PHI for fundraising.
Your rights
You may exercise the following rights by contacting our Privacy Officer. We may ask you to submit a written request and verify your identity.
Get an electronic or paper copy of your medical record
You may inspect or obtain a copy of PHI maintained in a designated record set, with limited exceptions. We will provide access within the time required by law and may charge a reasonable, cost-based fee. If we deny access, we will explain why in writing and tell you whether the denial may be reviewed.
Ask us to correct your record
You may ask us to amend PHI that you believe is incorrect or incomplete. We may deny the request in certain circumstances, but we will explain the denial in writing within the time required by law.
Request confidential communications
You may ask us to contact you in a particular way, such as only by telephone, text, email, or mail, or at a different address. We will accommodate reasonable requests.
Ask us to limit what we use or disclose
You may ask us not to use or disclose certain PHI for treatment, payment, or health care operations or not to share information with someone involved in your care. We are generally not required to agree, except that, when you pay for a service in full out of pocket and ask us not to disclose information about that service to a health plan for payment or health care operations, we must agree unless the disclosure is required by law.
Get an accounting of disclosures
You may request a list of certain disclosures of your PHI made during the six years before your request. The list will not include every disclosure, such as most disclosures for treatment, payment, or health care operations; disclosures made directly to you; disclosures you authorized; and other disclosures excluded by law. One accounting in any 12-month period is free; we may charge a reasonable, cost-based fee for additional requests after notifying you in advance.
Get a copy of this Notice
You may request a paper copy of this Notice at any time, even if you agreed to receive it electronically. The current Notice is also available on our website.
Choose someone to act for you
If you have given someone medical power of attorney or if someone is otherwise legally authorized to act as your personal representative, that person may exercise your rights and make choices about your PHI as permitted by law. We will verify the person's authority before taking action.
Be notified following a breach
You have the right to be notified following a breach of unsecured PHI when notification is required by law.
File a complaint without retaliation
You may complain to Kauai Drip if you believe your privacy rights have been violated. We will not retaliate against you for filing a complaint.
You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, by visiting www.hhs.gov/ocr/privacy/hipaa/complaints, calling 1-877-696-6775, or writing to:
U.S. Department of Health and Human Services
200 Independence Avenue SW
Washington, DC 20201
Our responsibilities
We will:
Maintain the privacy and security of your PHI as required by law;
Use reasonable administrative, physical, and technical safeguards to protect electronic PHI;
Notify you promptly if a breach occurs that may have compromised the privacy or security of your information, as required by law;
Honor the rights described in this Notice;
Follow the duties and privacy practices described in the Notice currently in effect; and
Not use or disclose your information for purposes other than those described here unless you authorize it in writing or the law otherwise permits or requires it.
Changes to this Notice
We may change this Notice and our privacy practices. A revised Notice may apply to all PHI we maintain, including information created or received before the revision. The current Notice, with its effective date, will be posted prominently at our clinic and on our website and will be available upon request.
Questions, requests, and complaints
Contact our Privacy Officer:
Ashley Ilustre Lizama, MSN, APRN, FNP-C
Privacy Officer, Kauai Drip, LLC
4-1579 Kuhio Highway, Suites 205 and 207
Kapaa, Hawaii 96746
Call or text: 808-470-7970
Email: ashley@kauaidrip.com
Website: www.kauaidrip.com
Website and text-message privacy statement
This section supplements the Notice above and applies to personal information collected through our public website and text-message program. Information collected as part of your medical care is governed by the Notice of Privacy Practices above and applicable law.
We do not sell personal information or mobile opt-in data. We do not share mobile phone numbers, text-message originator opt-in data, or consent information with third parties or affiliates for their marketing or promotional purposes. We may disclose information to service providers that help us operate our website, communications, or practice; when directed or authorized by you; or when required or permitted by law. Service providers may use the information only to provide services to us and must protect it as required by contract and applicable law.
By providing your mobile number and affirmatively opting in, you agree to receive the types of messages described at the time of enrollment. Message and data rates may apply. Consent to marketing text messages is not a condition of receiving treatment. You may opt out of nonessential text messages at any time by replying STOP. You may also contact us at ashley@kauaidrip.com. Reply HELP for assistance. Opting out of marketing messages does not prevent us from contacting you when permitted by law about treatment, appointments, prescriptions, patient-safety matters, or other nonmarketing purposes.
Do not use the public website or ordinary text messaging to communicate urgent or highly sensitive medical information. Call 911 or go to the nearest emergency department for a medical emergency.