Notice Of Privacy Practices
As Required by the Privacy Regulations Created as a Result of the Health Insurance Portability And
Accountability Act of 1996 (HIPAA)
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU (AS
A PATIENT OF THIS PRACTICE) MAY BE USED AND DISCLOSED, AND HOW
YOU CAN GET ACCESS TO YOUR INDIVIDUALLY IDENTIFIABLE HEALTH
INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY
A. OUR COMMITMENT TO YOUR PRIVACY
Our practice is dedicated to maintaining the privacy of your individually identifiable health information (IIHI). In
conducting our business, we will create records regarding you and the treatment and services we provide to you.
We are required by law to maintain the confidentiality of health information that identifies you. We also are
required by law to provide you with this of our legal duties and the privacy practices that we maintain in our
practice concerning you IIHI. By federal and state law, we must follow the terms of the notice of privacy practices
that we have in effect at the time.
We realize that these laws are complicated, but we must provide you with the following important information:
• How we may use and disclose you IIHI
• Your privacy rights in your IIHI
• Our obligations concerning the use and disclosure of your IIHI
The terms of this notice apply to all records containing your IIHI that are created or retained by our
practice. We reserve the right to revise or amend this Notice of Privacy Practices. Any revision or
amendment to this notice will be effective for all your records that our practice has created or
maintained in the past, and for any of your records that we may create or maintain in the future. Our
practice will post a copy of our current Notice in our offices in a visible location at all times, and you
may request a copy of our most current Notice at any time.
B. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:
HECTOR L. FRANCO, M.D.
10500 VISTA DEL SOL, STE. C
EL PASO, TEXAS 79925
C. WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY INDENTIFIABLE HEALTH INFORMATION (IIHI)
IN THE FOLLOWING WAYS
The following categories describe the different ways in which we may use and disclose your IHHI.
1. Treatment. Our practice may use your IIHI to treat you. For example, we may ask you to have
laboratory test (such as blood or urine tests), and we may use the results to help us reach a diagnosis.
We might use your IIHI in order to write a prescription for you, or we might disclose your IHII to a
pharmacy when we order a prescription for you. Many of the people who work for our practice –
including, but not limited to, our doctors and nurses – may use or disclose your IHII in order to treat you
or to assist others in your treatment. Additionally, we may disclose you IHII to others who may assist in
your care, such as your spouse, children or parents.
2. Payment. Our practice may use and disclose your IIHI in order to bill and collect payment for the
services and items you may receive from us. For example, we may contact your health insurer to
certify that you are eligible for benefits (and for what range of benefits), and we may provide your
insurer with details regarding your treatment to determine if you insurer will cover, or pay, for your
treatment. We may also use and disclose your IHII to obtalin payment from third parties that may be
responsible for such costs, such as family members. Also, we may use your IHII to bill you directly for
services and items.
3. Health Care Operations. Our practice may use and disclose your IIHI to operate our business. As
examples of the ways in which we may use and disclose your information for our operations, our
practice may use your IIHI to evaluate the quality of care you received from us, or to conduct cost
-management and business planning activities for our practice.
4. Appointment Reminder. Our practice may use and disclose your IIHI to contact you and remind you
of an appointment.
5. Treatment Options. Our practice may use and disclose your IIHI to inform you of potential treatment
options or alternatives.
6. Health Related Benefits and Services. Our practice may use and disclose your IIHI to inform you of
health-related benefits or services that may be of interest to you.
7. Release of Information to Family/Friends. Our practice may release your IIHI to a friend or family
member that is involved in your care, or who assists in taking care of you. For example, a parent or
guardian may ask that a babysitter take their child to the pediatrician’s office for treatment of a cold. In
this example, the babysitter may have access to this child’s medical information.
8. Disclosure Required By Law. Our practice will use and disclose your IIHI when we are required to do
so by federal, state or local law.
9. Methods of Communication. To accomplish above, our practice will use appropriate standard forms
of communication, which may include but not limited to: Fax, E-mail, Phone, Voice Mail, U.S Mail or
personal communication.
D. USE AND DISCLOSURE OF YOUR IIHI IN CERTAIN SPECIAL CIRCUMSTANCES
The following categories describe unique scenarios in which we may use or disclose your identifiable health
information:
1. Public Health Risks. Our practice may disclose your IIHI to Public health authorities that are
authorized by law to collect information for the purpose of:
a) Maintaining vital records, such as births and deaths
b) Reporting child abuse or neglect
c) Preventing or controlling disease, injury or disability
d) Notifying a person regarding potential exposure to a communicable disease
e) Notifying a person regarding a potential risk for spreading or contacting a disease or condition.
f) Reporting reactions to drugs or problems with products or devices
g) Notifying individuals if a product or device they may be using has been recalled
h) Notifying appropriate government agency (ies) and authority (ies) regarding the potential
abuse or neglect of an adult patient (including domestic violence); however, we will only
disclose this information if the patient agrees or we are requires or
i) Authorized by law to disclose this information
j) Notifying your employer under limited circumstances related primarily to workplace injury or
illness or medical surveillance
2. Health Oversight Activities. Our practice may disclose your IIHI to a health oversight agency for
activities authorized by law. Oversight activities can include, for example, investigations, inspections,
audits, surveys, licensure and disciplinary actions; civil, administrative, and criminal procedures or
actions: or other activities necessary for this government to monitor government programs, compliance
with civil rights laws and the healthcare system in general.
3. Lawsuits and Similar Proceeding. Our practice may use and disclose your IIHI in response to a court
or administrative order, if you are involved in a lawsuit or similar proceeding. We may also disclose your
IIHI in response to discovery, request, subpoena, or other lawful process by another party involved in
the dispute, but only if we have made an effort to inform you of the request or to obtain an order
protecting the information the party has requested.
4. Law Enforcement. We may release IIHI if asked to do so by a law enforcement official:
a) Regarding a crime victim in certain situations, if we are unable to obtain the person’s
agreement
b) Concerning a death we believe has resulted from criminal conduct
c) Regarding criminal conduct at our offices
d) In response to a warrant, summons, court order, subpoena or similar legal process
e) To identify/locate a suspect, material witness, fugitive or missing person
f) In an emergency, to report a crime (including the location or victim (s) of the crime, or the
description, identify or location of the perpetrator).
5. Research. Our practice may use and disclose your IIHI for research purposes in certain limited
circumstances. We will obtain your written authorization to use your IIHI for research purposes except
when: (a) our use or disclosure was approved by an Institutional Review Board or a Privacy Board: (b)
we obtain the oral or written agreement of a researcher that (I) the information being sought is
necessary for the research study; (ii) the use of disclosure or your IIHI is being used only for the
research and (iii) the researcher will not removes any or your IIHI from our practice; or (c) the IIHI
sought by the researcher agrees either orally or in writing that the use or disclosure is necessary for
the research and we request it, to provide us with proof of death prior to access to the IIHI of the
decedents.
6. Serious Threats to Health and Safety. Our practice may use and disclose your IIHI when necessary
to reduce or prevent a serious threat to your health and safety or the health and safety of another
individual or the public. Under these circumstances, we will only make disclosures to a person or
organization able to help prevent the threat.
7. Military. Our practice may disclose your IIHI if you are a member of U.S. or foreign Military forces
(including veterans) and if required by the appropriate authorities.
8. National Security. Our practice may disclose your IIHI to federal officials for intelligence and national
security activities authorized by law. We also may disclose your IIHI to federal officials in order to
protect the President, other officials or foreign head of state, or to conduct investigations.
9. Inmates. Our practice may disclose your IIHI to correctional institutions or law enforcement officials if
you are an inmate or under the custody of law enforcement official. Disclosure for these purposes
would be necessary: (a) for the institution to provide health care services to you, (b) for the safety and
security of the institution, and/ or (c) to protect you health and safety of the health and safety or other
individuals.
10. Workers’ Compensation. Our practice may release your IIHI for workers’ compensation and similar
programs.
E. YOUR RIGHTS REGARDING YOUR IIHI
You have the following right regarding the IIHI that we maintain about you:
1. Confidential Communications. You have the right to request that our practice communicate with you
about your health and related issues in a particular manner or at a certain location. For instance, you
may ask that we contact you at home, rather than work. In order to request a type of confidential
communication, you must make a written request to Hector L. Franco, M.D., 10500 Vista Del Sol, Ste
C, El Paso TX. 79925, (915) 598-1959 specifying the requested method of contact, or the location
where you wish to be contacted. Our practice will accommodate reasonable requests. You do not
need to give a reason for your request.
2. Requesting Restrictions. You have the right to request a restriction in our use or disclosure of you
IIHI for treatment, payment or health care operations. Additionally, you have the right to request that
we restrict our disclosure of you IIHI to only certain individuals involved in your care or the payment for
your care, such as family members and friends. We are not required to agree to your request;
however, if we do agree, we are bound by our agreement except when otherwise required by law, in
emergencies, or when the information is necessary to treat you. In order to request a restriction in our
use or disclosure or you IIHI, you must make your request in writing to Hector L. Franco. M.D., (915)
598-1959. You request must describe in a clear and concise fashion:
a) The information you wish restricted
b) Whether you are requesting to limit our practice’s use, disclosure or both and
c) To whom you want the limits to apply
3. Inspection and Copies. You have the right to inspect and obtain a copy of the IIHI that may be used
to make decisions about you, including psychotherapy notes. You must submit your request in writing
to Hector L. Franco M.D. in order to inspect and/or obtain a copy in certain limited circumstances;
however, you may request a review of our denial. Another licensed health care professional chosen
by us will conduct reviews.
4. Amendment. You may ask to amend your health information if you believe it is incorrect or
incomplete, and you may request an amendment for as long as the information is kept by or for our
practice. To request an amendment, your request must be made in writing and submitted to Hector L.
Franco, M.D. (915) 598-0959. You must provide us with a reason that supports your request for
amendment. Our practice will deny your request if you fail to submit you request (and the reason
supporting your request) in writing. Also, we may deny your request if you ask us to amend
information that is in our opinion: (a) accurate and complete; (b) not part of the IIHI kept by or for the
practice; (c) not part of the IHHI which you would be permitted to inspect and copy; or (d) not created
by our practice, unless the individual or entity that created the information is not available to amend
the information.
5. Accounting of Disclosures. All of our patients have the right to request and “ accounting of
disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures our practice has
made of your IIHI for non-treatment or operations purposes. Use of your IIHI as part of the routine
patient care in our practice is not required to be documented. For example, the doctor sharing
information with the nurse; or the billing department using your information to file your insurance
claim. In order to obtain an accounting of disclosures, you must submit your request in writing to
Hector L. Franco M.D., (915) 598-1959. All requests for an “accounting of disclosures” must state at
time period, which may not be longer than six (6) years from the date of disclosures and may not
include dates before April 14.2003. The first list you request within a 12-month period is free of
charge, but our practice may share you for additional lists within the same 12-month period. Our
practice will notify you of the costs involved with additional requests, and you may withdraw your
request before you incur any costs.
6. Right to a Paper Copy of This Notice. You are entitled to receive a paper copy of your notice of
privacy practices. You may ask us to give you a copy of this notice at any time. To obtain a paper
copy of this notice, contact Hector L. Franco M.D., (915) 598-1959.
7. Right to File a Complaint. If you believe your privacy rights have been violated, you may file a
complaint with our practice or with the Secretary of the Department of Health and Human Services. To
file a complaint with our practice contact, Hector L. Franco M.D. All complaints must be submitted in
writing. You will not be penalized for filing a complaint.
8. Right to Provide an Authorization for Other Uses and Disclosures. Our practice will obtain your
written authorization for uses and disclosures that are not identified by this notice or permitted by
applicable law. Any authorization you provide to us regarding the use and disclosure of your IIHI may
be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose
your IIHI for the reasons described in the authorization. Please not, we are required to retain records of
your care.
Again, if you have any questions regarding this notice or out health information privacy policies, please
contact, Hector L. Franco M.D., (915) 598-1959.
Privacy Policies for the Office of
Hector L. Franco, M.D.
It is the policy of our practice that all physicians and staff preserved the integrity and the confidentiality of protected
health information (PHI) pertaining to our patients. The purpose of this policy is to ensure that our practice and its
physicians and staff have the necessary medical and OHI to provide the highest quality degree possible. Patients
should not be afraid to provide information to our practice and its physicians and staff for purposes of treatment,
payment, and healthcare operations (TPO). To that end, our practice and its physicians and staff will—
• Adhere to the standards set forth in the Notice of Privacy Practices.
• Collect, use and disclose PHI in conformance with state and federal laws and current patient covenants and
or authorizations, as appropriate. Our practice and its physicians and staff will not use or disclose PHI for
uses outside of practice’s TPO, such as marketing, employment, life insurance applications, etc. with our an
authorization from the patient.
• Use and disclose PHI to remind patients of their appointments only writing their consent.
• Recognize that PHI collected about patients must be accurate, timely, complete, and available when needed.
Our practice and its physicians and staff will
1. Implement reasonable measures to protect the integrity of all PHI maintained about patients.
• Recognized that patients have the right to privacy. Our practice and its physicians and staff respect the
patient’s individual dignity at all times. Our practice and its physicians and staff will respect patient’s privacy
to the extent consistent with providing the highest quality medical care possible and with the efficient
administration of the facility.
• Act as responsible information stewards and treat all PHI as sensitive and confidential. Consequently, our
practice and its physicians and staff will
1. Treat all PHI data as confidential in accordance with professional ethics, accreditation
standards, and legal requirements.
2. Not disclose PHI data unless the patient (or his or her authorization representative) has
properly consented to or authorized the release or law otherwise authorizes the release.
• Recognize that, although our practice “owns” the medical record, the patient has a right to inspect and obtain
a copy of his/her PHI. In addition, patients have a right to request an amendment to his/her medical record if
he/she believes his/her information is inaccurate or incomplete. Our practice and its physicians and staff
will—
1. Permit patients’ access to their medical records when their written requests are approved by
our practice. If we deny their request, then we must inform the patients that they may
request a review of our denial. In such cases, we will have an on-site healthcare
professional review the patients’ appeals.
2. Provide patients an opportunity to request the correction of accurate or incomplete PHI in
their medical records in accordance with the law and professional standards.
• All physicians and staff of our practice will maintain a list of all disclosures of PHI for purposes other than
TPO for each patient. We will provide this list to patients upon request, so long as their requests are in
writing.
• All physicians and staff of our practice must adhere to this policy. Our practice will not tolerate violations
of this policy. Violation of this policy is grounds for disciplinary action, up to and including terminations of
employment and criminal or professional sanctions in accordance with our practice’s personnel rules and
regulations.
• Our practice may change this privacy policy in the future. Any changes will be effective will be effective upon
the release of a revised privacy policy and will be made available to patients upon request
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