HIPAA Compliance

Notice of Privacy Practices

Your Privacy Matters to Us

Merlo and Fahrney Dentistry is committed to safeguarding your protected health information (PHI). We comply fully with the Health Insurance Portability and Accountability Act (HIPAA), the HITECH Act, and all applicable North Carolina privacy statutes, including the NC Identity Theft Protection Act (N.C. Gen. Stat. § 75-60 et seq.). This notice describes how your health information may be used and disclosed and how you can access that information. Please review it carefully.

Your Rights

Under federal and North Carolina law, you have the following rights regarding your health information:

• Access Your Records: Upon written request, you may obtain an electronic or paper copy of your health record. We will provide the information within 30 business days and may charge a reasonable, cost-based fee as permitted under 45 CFR § 164.524.
• Request Corrections: If you believe your health information is incorrect or incomplete, you may ask us to amend it. We will respond in writing within 60 days. If we are unable to make the change, we will explain why.
• Choose How We Contact You: You may ask us to communicate with you in a specific way, for example by calling your home phone instead of your mobile, or to send correspondence to an alternate address. We will accommodate all reasonable requests.
• Restrict Certain Disclosures: You may ask us not to use or share certain health information for treatment, payment, or operations. We are not required to agree unless you have paid for a service in full out of pocket, in which case we will honor your request regarding disclosure to your insurer.
• Receive an Accounting of Disclosures: You may request a list of instances in which we disclosed your health information for reasons other than treatment, payment, or operations during the past six years. One request per 12-month period is provided at no charge.
• Revoke Authorization: You may revoke any written authorization to use or disclose your PHI at any time, except where action has already been taken in reliance on that authorization.

You may also designate a personal representative, someone with medical power of attorney or legal guardianship, to exercise these rights on your behalf. We will verify the relationship before acting. You may request a paper copy of this notice at any time, even if you previously agreed to receive it electronically.

Our Responsibilities

Federal and North Carolina law require us to:

• Maintain the privacy and security of your protected health information.
• Notify you promptly if a breach occurs that may compromise the privacy or security of your information, in accordance with the HITECH Act breach notification requirements.
• Follow the duties and privacy practices described in this notice and provide you with a copy upon request.
• Refrain from using or sharing your information in ways other than those described here, unless you provide written authorization.

If you provide written authorization and later change your mind, simply notify us in writing and we will honor your request going forward.

Your Choices

In certain situations, you have the right to tell us how you prefer we share your information:

• Family & Caregivers: You may direct us to share information with family members, close friends, or others involved in your care. If you are unable to communicate your preference (for example, in an emergency), we may share information if we believe it is in your best interest.
• Disaster Relief: We may share your information with disaster relief organizations to assist in notification and coordination efforts.

We will never share your information without your written permission for marketing purposes, sale of your information, or most sharing of psychotherapy notes. If we contact you for fundraising purposes, you may opt out at any time.

How We Use and Disclose Your Information

We may use or share your health information in the following ways:

Routine Uses

• Treatment: We use your health information and share it with other professionals involved in your care. For example, we may provide your records to a specialist for a referral or share reports with your primary-care physician to support coordinated treatment.
• Payment: We may use and share your health information to bill for services and obtain payment from health plans or other entities. For example, we submit claims to your dental insurance carrier that include details about the procedures you received.
• Health Care Operations: We may use your health information to support the day-to-day operations of our practice, improve quality of care, and contact you when necessary, for instance to manage appointment scheduling or conduct internal quality reviews.

Other Permitted and Required Uses

We are allowed or required to share your information in additional ways that serve the public good, provided we meet all conditions required by law. These include:

• Public Health & Safety: We may disclose information to prevent disease, assist with product recalls, report adverse reactions to medications, report suspected abuse or neglect, or reduce a serious and imminent threat to health or safety.
• Compliance with Law: We will share information when required by federal or North Carolina state law, including with the U.S. Department of Health and Human Services during compliance reviews of federal privacy regulations.
• Organ & Tissue Donation: If you are an organ donor, we may share your health information with organ procurement organizations as permitted by law.
• Workers' Compensation, Legal Proceedings & Law Enforcement: We may disclose information for workers' compensation claims, in response to a court order or subpoena, or to assist law enforcement under specific circumstances defined by federal and North Carolina law.
• Health Oversight & Research: We may share information with government agencies for health oversight activities such as audits and investigations, and for approved research purposes subject to strict privacy safeguards.
• Coroners, Funeral Directors & National Security: We may release information to coroners, medical examiners, or funeral directors as necessary, and to authorized federal officials for lawful intelligence, counterintelligence, or national security activities.

Filing a Complaint

If you believe your privacy rights have been violated, you have the right to file a complaint. We will not retaliate against you for doing so.

Effective Date and Amendments

This notice is provided in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, 45 CFR Parts 160 and 164, and applicable North Carolina statutes including the NC Identity Theft Protection Act (N.C. Gen. Stat. § 75-60 et seq.). This notice is effective as of the date published on this page and applies to all protected health information maintained by Merlo and Fahrney Dentistry. We reserve the right to change the terms of this notice and to make new provisions effective for all PHI we maintain. A revised notice will be posted on this website and made available at our office upon request.