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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.
In accordance with modifications to the Health Insurance Portability and Accountability Act (HIPAA Omnibus Rule), this Notice of Privacy Practices describes our obligations under the law, how our office may use and disclose your protected health information (PHI), and your rights to access and control the use of your PHI. PHI is individually identifiable health information related to physical or mental health, provision of health care, or payment for health care.
Under HIPAA, we are required to abide by the terms of this Notice. We are required to maintain the privacy of PHI, to provide you with notice of our legal duties and privacy practices regarding your PHI and to notify you if the security of your PHI has been breached.
We reserve the right to change the terms of this Notice at any time, and any new or revised notice provisions will be effective for all PHI maintain by our office. In the event of such revision, you may request a copy of the Notice at our office.
PERMITTED USE AND DISCLOSURE OF YOUR PHI
We may use and/or disclose your PHI to provide treatment, obtain payment for services, and support our health care operations.
Treatment is the provision, coordination, or management of health care and related services by one or more health care providers, including the coordination or management of health care by a health care provider with a third party; consultation between health care providers relating to a patient; or the referral of a patient for health care from one health care provider to another. PHI may be disclosed in the course of providing treatment. For example, PHI may be shared with a physician or specialist to whom you have been referred.
Payment means to obtain or provide reimbursement for the provision of health care, including: 1) Determinations of eligibility or coverage and adjudication or subrogation of health benefit claims; 2) Risk adjusting amounts due based on enrollee health status and demographic characteristics; 3) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, and related health care data processing; 4) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges; 5) Utilization review activities, including pre-certification and pre-authorization of services, concurrent and retrospective review of services; and 6) Disclosure to consumer reporting agency.
Your PHI may be used and disclosed to obtain payment for the health care services you receive. For example, your PHI may be disclosed to your health insurance plan in order to determine whether you are eligible for coverage for services.
Health care operations means any of the following activities: 1) Conducting quality assessment and improvement activities; 2) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance, health plan performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of non-health care professionals, accreditation, certification, licensing, or credentialing activities; 3) Underwriting, premium rating, and other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care; 4) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs; 5) Business planning and development; and 6) Business management and general administrative activities.
USES AND DISCLOSURES OF PHI THAT DO NOT REQUIRE YOUR AUTHORIZATION
Our office is permitted or required to use or disclose PHI without your written authorization under the following circumstances:
1. When required by law
2. For public health activities, including:
● Disclosure to a public health authority authorized by law to collect and receive the information to prevent or control disease, injury, or disability
● Disclosure to a government agency authorized to receive reports of child abuse and neglect.
● Disclosure to an authorized individual with respect to the quality, safety, effectiveness of an FDA-regulated product or activity
● Disclosure to an individual who may have been exposed to or is at risk of contracting or spreading a disease or
condition, if such disclosure is authorized by law
● Disclosure to an employer, in limited circumstances related to an employee’s work related illness or injury or workplace-related medical surveillance (notice must be posted in place of employment or written notice must be given to employee) ● Disclosure to a school, in limited circumstances related to proof of immunization
3. Subject to requirements of applicable state and federal laws, when a covered entity reasonably believes an individual to be a victim or abuse, neglect, or domestic violence to a government authority, including a social service or protective services agency, authorized by law to receive reports of such abuse, neglect, or domestic violence (the covered entity is generally required to promptly inform the affected individual when such disclosure has been made)
4. For authorized oversight activities by health oversight agencies, including audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or actions; or other activities necessary for appropriate oversight
5. For judicial and administrative proceedings, in limited circumstances 6. For law enforcement purposes to law enforcement officials, in limited circumstances
7. For providing information about decedents to coroners, medical examiners, and funeral directors
8. For making disclosures to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of cadaveric organs, eyes, or tissue for the purpose of facilitating organ, eye or tissue donation and transplantation
9. For research purposes, when such research has been approved by an Institutional Review Board or privacy board
10. To avert a serious threat to health or safety
11. For specialized government functions, including but not limited to military and veterans’ activities, national security and intelligence activities, and provision of protective services to the President
12. To comply with laws relating to workers’ compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault.
USES AND DISCLOSURES OF PHI THAT REQUIRE YOUR AUTHORIZATION
We must obtain your authorization to use or disclose your PHI in the following instances:
1. When use or disclosure is of psychotherapy notes, except when such use or disclosure is to carry out specified treatment, payment, or health care operations.
2. When use or disclosure is for marketing, unless we do so in a face-to-face communication with you or give a promotional gift of nominal value. We must inform you if marketing involves financial remuneration.
3. When use or disclosure constitutes a sale of PHI.
Unless otherwise permitted or required by law, we are required to obtain your written authorization to use and/or disclose your PHI. You may revoke your authorization in writing at anytime.
You have certain rights to access and control your PHI.
You have the right to ask that we do not use or disclose your PHI to carry out treatment, payment, or health care operations or to provide notification to the family members or friends involved in your care. If you have paid us in full for a service or item, and you ask us not to disclose PHI pertaining to that service or item to a health plan, we must agree to the request. However, we are not required to agree to other restrictions. If we agree to the requested restriction, we will not be permitted to use or disclose PHI in violation of the restrictions, except when such PHI is needed to provide emergency treatment
1. You have the right to receive confidential communications of PHI at alternate locations and/or by alternative means. We will accommodate reasonable written requests.
2. You have the right to inspect and obtain a copy of your PHI, subject to certain restrictions, limitations, and exceptions.
3. You have the right to request an amendment to PHI or a record contained in a designated record set, and you may make such request in writing and provide a reason. We may deny the request if we did not create the PHI or record, if the record is not available for inspection, or if the information in the PHI is complete and accurate. If we deny your request, you may file a statement of disagreement. This statement of disagreement would be provided along with any subsequent disclosure of the PHI related to the disagreement.
4. You have the right to receive an accounting of disclosures we have made of your PHI, subject to certain restrictions, limitations, and exceptions.
5. You have the right to receive a paper copy of this Notice upon request.
If you believe that your privacy rights have been violated, you may complain to our office or to the federal Secretary of Health and Human Services. A complaint may be filed with our office in writing. Our office will not retaliate in any manner against anyone filing such a complaint. Contact our office if you would like further information regarding your PHI, your rights, or Modern Orthopaedics of New Jersey’s obligations under HIPAA, please contact Jennifer Van Beekum at 973-898-5999.
By signing below, the patient acknowledges that he/she has read the foregoing Notice of Privacy Practices for PHI and understands its terms.
FINANCIAL POLICY NOTICE
At Modern Orthopaedics of New Jersey, we are a participating provider with Medicare, but we are “out-of-network” with commercial insurance companies (BCBS, United, Aetna, etc). We bill for our services using a Usual, Customary, and Reasonable (UCR) fee schedule (fair-market value in our region). On your behalf, and in accordance with the Affordable Care Act administrative simplification requirements, MONJ will request and validate your coverage benefits. This will include whether the planned services are covered, and what your maximum out-of-pocket financial responsibility will be based on your plan terms. We also encourage you to contact your insurance company for further consultation on costs associated with these services. Upon your request, we will provide the Current Procedural Terminology (CPT) and an estimate of the billed amount.
It has been our experience that your insurance company or its third-party vendors will often engage with us to provide a discount on your behalf. Even in these circumstances, your cost share amount (deductible and co-insurance) will still apply, and this amount is due once we have determined the exact amount your plan will cover. This process of determining the out-of-pocket costs often takes several months. In some circumstances, a balance bill (the difference between our billed amount and your healthcare plan’s covered expense) may also apply if we cannot come to terms with your plan on a reasonable reimbursement amount for the services provided.
At MONJ, we understand that the costs of healthcare are high. Additionally, financial hardship scenarios including temporary personal financial stresses, combined with insurance plans with extremely high deductibles and co-insurances, may negatively affect your ability to pay your full balance. If this is the case, we encourage you to contact our practice manager, Jennifer Van Beekum (973-898-5999) to discuss our financial assistance program.
If your account becomes 30 days past due, you will be responsible for any and all collection expenses including expenses the practice may incurincollecting delinquent balancessuch as court costs and a reasonable attorney's fee. A late charge interest of 1.5% per month will also be added to each billing cycle until the balance is completely paid. Any balance left unpaid after 90 days, without any attempts at resolution will be considered delinquent and may be submitted to a collection agency.
I hereby acknowledge that I have been advised of the foregoing.
1. Legal Assignment Of Benefits And Designation Of Authorized Representative
I hereby assign and convey directly to Modern Orthopaedics of New Jersey (MONJ), as my Statutory Derivative Beneficiary commonly known as “Designated Authorized Representative” or “Assignee”, all medical benefits and/or insurance reimbursements, if any, otherwise payable to me for services, treatments, therapies, and/or medications rendered or provided by MONJ, regardless of its managed care network participation status. I understand that I am financially responsible for all charges regardless of any applicable insurance or benefit payments. I hereby authorize MONJ to release all medical information necessary to process my claims to the fullest extent allowed under the Health Insurance Portability Accountability Act (HIPAA).
I expressly assign to MONJ the rights to, on my behalf, enforce my legal rights under the Employee Retirement Income Securities Act (ERISA), Patient Protection and Affordable Care Act (PPACA), Sarbanes-Oxley Act (SOX), NJ Open Public Records Act, HIPAA, and any other applicable state and federal law related to my healthcare benefits. This includes but is not limited to: 1) obtaining information regarding the claim to the same extent as me; 2) submitting evidence on my behalf; 3) making statements for me about facts or law; 4) providing or receiving notices of appeal proceedings for me; 5) participating in any administrative or judicial actions on my behalf; and 6) enforcing any and all ERISA provisions on my behalf. This also includes bringing civil action to; 1) enjoin any act or practice which violates any provision of ERISA; 2) obtain other appropriate equitable relief; 3) redress any violations of the above law; and 4) to enforce any provisions of my healthcare benefit plan terms.
2. Patient Agreement & Authorization For the Release of Medical and Health Plan Documents for Claims Processing & Reimbursement.
I hereby authorize any and all plan administrators, fiduciaries, insurers, and attorneys to release to MONJ all Governing Plan Documents, written explanations of how level-of-benefit payments are determined, Summary Plan Description, Administrative Service Only (ASO) agreements, and Certificate for PPACA Grandfathered Health Plan. Additionally, I authorize the release of any and all financial disclosures as mandated by SOX, ERISA, HIPAA, and any other state and federal law(s). This includes but is not limited to my insurance policy and/or settlement information, claim(s) data in ANSI X12 Format (835 EDI-Invoice to Plan Sponsor & 837 EDI), and IRS 5500 Form (Plan Annual Return) to MONJ in connection with healthcare services provided by MONJ.
I hereby consent to any and all causes of action allowed under applicable state and federal laws related to my health care benefit plan, employee benefit plan, plan administrator, insurance carrier or fiduciary in my name, with derivative standing, at MONJ’s expense. This includes but is not limited to; 1) pursuing claims, causes of action, or right against any liable party, insurance company, employee benefit plan, health care benefit plan, plan administrators or plan fiduciaries; and 2) claiming any applicable statutory penalties and fee’s on behalf of the plan participant, beneficiary, or plan to the extent of state and federal law(s).
This assignment is valid for any and all administrative and judicial reviews under PPACA (health care reform legislation), ERISA, Medicare and applicable federal and state law(s). A photocopy, computer generated, or any other reproduction of this signature and assignment is to be considered valid, the same as if it was the original. I authorize the use of this signature on all my insurance and/or employee health benefits claim submissions.
I have read this express assignment of benefits and it has been explained to me prior to MONJ submitting my healthcare claims for reimbursement.
I hereby acknowledge and understand that even with the best training, skill and experience, a medically trained professional is not always capable of solving my medical problems. Therefore;
✔ I understand it is important that any and all recommendations by doctors are followed completely in order to increase the likelihood of a positive and healthy treatment/outcome.
✔ I acknowledge and understand that if any physician in this office prescribes medicine to me, that the proper taking of any such medicine shall be my sole responsibility (or my guardian who has attended this consultation). I agree to properly follow the prescribed dosage and frequency amounts of these medicines as recommended by my doctor.
✔ I understand that if a doctor in this office refers me to see another doctor or receive another test including, but not limited to, a blood test, an MRI, or CT scan, this timely recommendation is important and essential to the ultimate success of my treatment/outcome.
✔ I understand that it is not possible for any person in this office to constantly follow-up to ensure that I have followed these recommendations. Therefore, I understand that if I fail to see that specialist or obtain the test for which I was referred immediately, this can risk my current health or increase future health risks.
✔ I understand that it is solely my responsibility to follow any of the medical advice given by any medical person in this office and any bad health outcome from my failure to follow the advice of my doctors should be expected.
THIS CONSENT DOES NOT GRANT PERMISSION FOR MODERN ORTHOPAEDICS of NEW JERSEY (MONJ) TO USE MY NAME OR FACE IN ANY PHOTOGRAPH or VIDEO.
I do grant permission and give my consent for MONJ to take photographs and/or videos of parts of my body parts in isolation as they relate to my treatments, procedures, or surgeries that are performed. I understand that photographs or videos may be taken before, during, and after my procedure(s) as a routine part of my medical care.
I authorize the use of these photographs and/or videos for educational purposes in the form of social media posts (Instagram, Facebook, LinkedIn, Etc), MONJ advertisements, placement on the MONJ website, or in medical or other publications as a voluntary contribution in the interest of educating/informing the public about orthopaedic methods and patient experiences.
I understand that I will never be personally identified by name or face in any of these photographs without my separate consent, but that in some circumstances the photographs may portray features which make my identity recognizable to some, such as a tattoo or birthmark.
Release of Photographs and Videos
I waive any right to inspect or approve the finished product, advertising or other copy that may be used in connection with mediums aforementioned.
I release and discharge MONJ, the facility used, and all parties acting under their license and authority from any and all claims and actions that I have or may have relating to such use and publication of the photographs or videos.
I understand that refusal to consent to photographs and/ or video recordings will in no way affect the medical care I will receive. If I have any questions or wish to withdraw my consent in the future, I may contact the staff at MONJ.
I certify that I have read the above Consent and Release and fully understand its terms. I grant this consent voluntarily.
In the event I do not wish to grant this consent to my doctor, I will write “NO CONSENT” in the signature field below.
Modern Orthopaedics of New Jersey (MONJ) understands that personal situations may arise and you may need to cancel your appointment. If you must cancel or reschedule your appointment, we kindly ask that you try to do so at least 24 hours in advance. We understand that extenuating circumstances may arise, however if missing appointments becomes a habit, then you will be charged a $50.00 fee.
We respect the time of all our patients. We try to stay on schedule so that you do not have to wait. If you are delayed and arrive late for your appointment, every effort will be made to see you the same day, but you may have an abbreviated visit, or you may be asked to wait or reschedule your appointment.
INSURANCE CHECK TO PATIENT POLICY NOTICE
It may be the customary practice of your insurance plan and/or agents acting on its behalf to send payment for services performed by providers of Modern Orthopaedics of New Jersey directly to you despite us obtaining authorization and/or assignment of benefits. N.J.S.A. 26:2S6.1(c) requires a health carrier offering a managed care plan that provides for both in-network and out of-network benefits to remit payment for the reimbursement of medically necessary health care services direct to the health care provider if the patient has assigned their healthcare benefits. The Act further provides that if payment is remitted to the covered person solely, when a covered person has assigned his or her benefits to an out-of-network provider, the payment will be considered unpaid and overdue.
Healthcare reimbursements which are not utilized for healthcare benefits may be considered miscellaneous compensation and taxable to both the plan participant and the plan. In addition, under the Affordable Care Act (ACA), it may not be claimed as a part of medical loss ratio by your plan or the plan administrators.
I understand that if I receive healthcare reimbursements from my insurance carrier and do not either forward that payment to MONJ or make other arrangements, that reimbursement may be taxable as income to me and reported appropriately. Furthermore, under the ACA it may not be claimed as a part of medical loss ratio by the health plan or the plan administrators. I understand and agree that I am legally responsible for any and all actual total charges expressly authorized by me regardless of any applicable insurance or benefit payments.
By Signing this form, I agree that when I receive any payments for the services performed on this date of service I will:
• Sign the check and do not deposit or cash it.
• After making copies, enclose the check with all the accompanying letters or forms such as Explanation of Benefits (EOB), place in an envelope and immediately mail to:
Modern Orthopaedics of New Jersey
P.O. BOX 4239
• Or, drop it off to the MONJ office in person.
In the event that the insurance reimbursement check for these services is not immediately sent to MONJ or other arrangements made; I will be; 1) Responsible for full payment of services regardless of any financial hardship policies which have been agreed to by me; 2) understand that collection procedures will be initiated, which includes reporting to the appropriate credit reporting agencies; and 3) miscellaneous tax implications may apply. In addition to full payment, I understand I will be responsible for reasonable interest and penalties including collection fees and legal costs, as incurred by MONJ, in order to collect payment for services rendered by this provider.
A copy of this agreement can be provided to you as a reminder of what is required when you receive the payment from your insurance company.