
3320 Tully Road, Suite 1
Modesto, California 95350
209/572-6900
Fax: 209/572-6919
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE
USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
I. ALLCARE HAS A LEGAL DUTY TO SAFEGUARD YOUR PROTECTED HEALTH INFORMATION (PHI)
AllCare is legally required to protect the privacy of your PHI, which includes information that can be used to identify you that AllCare has created or received about your past, present, or future health or condition, the provision of health care to you, or the payment of this health care. AllCare must provide you with this Notice about its privacy practices, and such Notice must explain how, when, and why AllCare will “use” and “disclose” your PHI. A “use” of PHI occurs when AllCare shares, examines, utilizes, applies, or analyzes such information within its practice; PHI is “disclosed” when it is released, transferred, has been given to, or is otherwise divulged to a third party outside of AllCare’s practice. With some exceptions, AllCare may not use or disclose any more of your PHI than is necessary to accomplish the purpose for which the use or disclosure is made. You will receive notification of breaches of your unsecured protected health information as required by law. AllCare is legally required to follow the privacy practices described in this Notice.
II. HOW ALLCARE MAY USE AND DISCLOSE YOUR PHI.
AllCare will use and disclose your PHI for many different reasons. For some of these uses or disclosures, AllCare will need your prior authorization; for others, however, AllCare does not. Listed below are the different categories of AllCare uses and disclosures along with some examples of each category.
A. Uses and Disclosures Relating to Treatment, Payment, or Health Care Operations Do Not Require Your Prior Written Consent. AllCare can use and disclose your PHI without your consent for the following reasons:
For treatment. AllCare may use and disclose your PHI to provide you with treatment and health care services. For example, AllCare may disclose information about you to doctors, nurses, technicians, or other personnel involved in your care. AllCare may also share this information about you with other agencies or entities in order to meet your medical needs, such as providing you with prescriptions, lab work, or continuing medical care after you leave AllCare. Sharing your information for this purpose gives your health care providers the information they need to provide you with appropriate care.
1. To obtain payment for treatment. AllCare can use and disclose your PHI to bill and collect payment for the treatment and services provided by AllCare to you as well as to determine your eligibility for benefits. For example, AllCare might send your PHI to your insurance company or health plan to get paid for the health care services that AllCare has provided to you. AllCare may also provide your PHI to its business associates, such as billing companies, claims processing companies, and others that process AllCare’s health care claims.
2. For health care operations. AllCare can disclose your PHI to operate its practice. For example, AllCare might use your PHI to evaluate the quality of health care services that you received or to evaluate the performance of the health care professionals who provided such services to you. AllCare may also provide your PHI to its accountants, attorneys, consultants, and others to make sure it is complying with applicable laws.
3. Other disclosures. AllCare may also disclose your PHI to others without your consent in certain situations. For example, your consent isn’t required if you need emergency treatment, as long as AllCare tries to get your consent after treatment is rendered, or if AllCare tries to get your consent but you are unable to communicate (for example, if you are unconscious or in severe pain) and AllCare thinks that you would consent to such treatment if you were able to do so.
B. Certain Uses and Disclosures Do Not Require Your Consent. AllCare can use and disclose your PHI without your consent or authorization for the following reasons:
1. Individuals involved in your care or payment for your care. AllCare may provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations. Additionally, AllCare may disclose information about you to a personal representative. If a person has the authority by law to make health care decisions for you, AllCare will generally treat that personal representative the same way it would treat you with respect to your health information.
2. When disclosure is required by federal, state or local law; judicial or administrative proceedings; or, law enforcement. For example, AllCare may make a disclosure to applicable officials when a law requires it to report information to government agencies and law enforcement personnel about victims of abuse or neglect; or when ordered in a judicial or administrative proceeding.
3. For public health activities. AllCare may disclose your PHI for public health activities including, but not limited to, disclosures to prevent or control disease or injury, report births and deaths, report abuse or neglect, or report reactions to medications or problems with a product.
4. For health oversight activities. AllCare may have to provide information to assist the government when it conducts an investigation or inspection of a health care provider or organization.
5. For research purposes. In certain circumstances, AllCare may provide PHI in order to conduct medical research.
6. To avoid harm. In order to avoid a serious threat or imminent harm, AllCare may report PHI to law enforcement personnel or persons able to prevent or lessen such harm.
7. Disaster relief efforts. When permitted by law, AllCare may use and your PHI with other health care providers and entities assisting in a disaster relief effort.
8. For specific government functions. AllCare may disclose PHI of military personnel and veterans in certain situations. And AllCare may disclose PHI for national security purposes, such as protecting the President of the United States or conducting intelligence operations.
9. For workers’ compensation purposes. AllCare may provide PHI in order to comply with workers' compensation laws.
10. Appointment reminders and health related benefits or services. AllCare may use PHI to provide appointment reminders or give you information about treatment alternatives, or other health care services or benefits AllCare offers.
11. Coroners, Medical Examiners and Funeral Directors. AllCare may release health information to coroners, medical examiners, and funeral directors as necessary for them to carry out their duties.
12. Organ and Tissue Donation. If you are an organ donor, AllCare may release health information to organizations that handle organ procurement or organ, eye, or tissue transplantation, or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation, in accordance with applicable law.
C. Other Uses and Disclosures Require Your Prior Written Authorization. In any other situation not described in sections II A or B above, or where AllCare is not otherwise authorized by applicable law to use or disclosure your PHI, AllCare will ask for your written authorization before using or disclosing any of your PHI, including for certain marketing activities, sale of health information, and disclosure of psychotherapy notes. If you choose to sign an authorization to disclose your PHI, you can later revoke such authorization in writing to stop future uses and disclosures (to the extent that AllCare hasn’t taken any action in reliance on such authorization) of your PHI by AllCare.
III. WHAT RIGHTS YOU HAVE REGARDING YOUR PHI
You have the following rights with respect to your PHI:
A. The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to ask that AllCare limits how it uses and discloses your PHI. AllCare will consider your request, but is not legally required to accept it, except in the case where the disclosure is to a health plan for purposes of carrying out payment or health care operations, is not otherwise required by law, and the information pertains solely to a health care item or service for which you, or a person on your behalf, has paid AllCare in full. If AllCare accepts your request, AllCare will put any limits in writing and abide by them except in emergency situations. You may not limit the uses and disclosures that AllCare is legally required or allowed to make. A request for a limitation must be submitted in writing to AllCare IPA, Inc. Attn: Compliance Dept, 3320 Tully Road, Suite 1, Modesto, CA 95350.
B. The Right to Choose How AllCare Sends PHI to You. You have the right to ask that AllCare send information to you to at an alternate address (for example, sending information to your work address rather than your home address) or by alternate means (for example, email instead of regular mail). AllCare will agree to your request so long as AllCare can easily provide the PHI to you in the format you requested.
C. The Right to See and Get Copies of Your PHI. In most cases, you have the right to look at or get copies of your PHI that AllCare has, but you must make the request in writing. If AllCare doesn’t have your PHI but knows who does, AllCare will tell you who maintains the requested PHI. AllCare will respond to you within 30 days of receiving your written request. In certain situations, AllCare may deny your request. If so, AllCare will tell you, in writing, the reasons for the denial and explain your right to have the denial reviewed. If you request copies of your PHI, AllCare will charge you not more than $.25 for each page. Instead of providing the PHI you requested, AllCare may provide you with a summary or explanation of the PHI as long as you agree to that and to the cost in advance.
D. The Right to Get a List of the Disclosures I Have Made. You have the right to request a list of instances in which AllCare has disclosed your PHI to individuals or entities other than you, in accordance with applicable laws and regulations. AllCare will respond to your request for an accounting of disclosures within 60 days of receiving your request. AllCare will provide the list to you at no charge, but if you make more than one request in the same year, AllCare will charge you a reasonable cost-based fee for each additional request.
E. The Right to Correct or Update Your PHI. If you believe that there is a mistake in your PHI or that a piece of important information is missing, you have the right to request that AllCare correct the existing information or add the missing information. You must provide the request and your reason for the request in writing. AllCare will respond within 60 days of receiving your request to correct or update your PHI. AllCare may deny your request in writing if the PHI is (i) correct and complete, (ii) not created
by AllCare, (iii) not allowed to be disclosed, or (iv) not part of AllCare’s records. AllCare’s written denial will state the reasons for the denial and explain your right to file a written statement of disagreement with the denial. If you don’t file a written statement of disagreement, you have the right to request that your initial request and AllCare’s denial be attached to all future disclosures of your PHI. If AllCare approves your request, AllCare will make the change to your PHI, tell you that AllCare has done it, and tell others that need to know about the change to your PHI.
F. The Right to Receive This Notice by E-Mail. You have the right to receive a copy of this notice by e-mail. Even if you have agreed to receive notice via e-mail, you also have the right to request a paper copy of it.
IV. PERSON TO CONTACT FOR INFORMATION ABOUT THIS NOTICE OR TO COMPLAIN ABOUT ALLCARE’S PRIVACY PRACTICES
If you have any questions about this notice or any complaints about AllCare’s privacy practices, please contact AllCare at: AllCare IPA, Inc. Phone: (209) 572-6900; 3320 Tully Road, Suite 1, Modesto, CA 95350. You also may send a written complaint to the Secretary of the Department of Health and Human Services at 200 Independence Avenue S.W., Washington, D.C. 20201. AllCare will take no retaliatory action against you if you file a complaint about its privacy practices.
V. UPDATES & CHANGES
AllCare reserves the right to change the terms of this Notice and its privacy policies at any time. Any changes will apply to PHI on file with AllCare already. Before AllCare makes any important changes to its policies, AllCare will promptly change this Notice and post a new copy of the Notice in its office(s) and on its website (if applicable). You can also request a copy of this Notice from AllCare, or you can view a copy of it in AllCare’s offices or website.
VI. EFFECTIVE DATE OF THIS NOTICE
This notice went into effect on 01/01/2023.
