Privacy Policy

Our Privacy policy – Updated 12/12/2023

This notice describes how medical information about you may be used and disclosed and how you can get access to this information.

Overview of privacy legislation

Privacy in Australia has moved from a policy-based system to one regulated by law. In NSW, these laws are the Health Records and Information Privacy Act 2002 which regulates health privacy, and the Privacy and Personal Information Protection Act 1998 which generally applies to non-health personal information. This Policy provides guidance on compliance with the Health Records and Information Privacy Act 2002.

The Health Privacy Principles (HPPs) contained in the Health Records and Information Privacy Act 2002 establish rules for the management of health information. These rules are relevant in a wide range of activities of health services including staff interactions with patients, establishing and maintaining data collections and patient information systems, and the day-to-day sharing of health information for management, evaluation, training, research and other authorised purposes. * NSW Health Privacy Manual for Health Information

With your consent, the practice is permitted by Australian State and Federal privacy laws to make use of and disclose of your health information for purposes of treatment, payment, and health care operations. Protected health information is the information we create and obtain in providing our services to you. Such information may include documenting your symptoms, examination and test results, diagnoses, treatment, and applying for future care or treatment. It also includes billing documents for those services.

Examples of uses of your health information for treatment purposes:

We collect treatment information about you and record it in your clinical health record. During the course of your treatment, the dentist may determine a need to consult with another specialist in the area. With your permission, the dentist will share the information with the specialist and obtain input.

Example of use of your health information for payment purposes:

We submit a request for payment to your health insurance company. The health insurance company requests information from us regarding health care given. We will provide information to them about you and the care given.

Example of use of your information for health care operations:

We obtain services from our insurers or other business associates such as quality assessment, quality improvement, outcome evaluation, safety protocols and clinical guidelines development, training programs, credentialing, medical review, legal services, and insurance. We will only share de-identified information about you with the insurers or other business associates or health as required by law.

Your Health Information Rights

The health record we maintain and billing records are the physical property of the practice. The information in it, however, belongs to you. You have a right to:

• Request a restriction on certain uses and disclosures of your health information by delivering the request in writing to our office. We will comply with any request granted but have up to forty days to do so;
• Obtain a paper copy of this Notice of Privacy Practices for Protected Health Information (“Notice”) by making a request at our office;
• Request that you be allowed to inspect and be provided with a copy of your health record and billing record—you may exercise this right by delivering the request in writing to our office;
• Appeal a denial of access to your protected health information except in certain circumstances;
• Request that your health care record be amended so as to correct incomplete or incorrect information by delivering a written request to our office;
• File a statement of disagreement if your amendment is denied, and require that the request for amendment and any denial be attached in all future disclosures of your protected health information;
• Obtain an accounting of disclosures of your health information as required to be maintained by law by delivering a written request to our office. An accounting will not include internal uses of information for treatment, payment, or operations, disclosures made to you or made at your request, or disclosures made to family members or friends in the course of providing care;
• Request that communication of your health information be made by alternative means or at an alternative location by delivering the request in writing at our office; and,
• Revoke authorisations that you made previously to use or disclose the information except to the extent information or action has already been taken by delivering a written revocation to our office.

How to exercise your access to records rights;

If you want to exercise any of the above rights, please contact our office, in person or in writing, during normal hours. We will provide you with every assistance on the steps to take to exercise your rights.

Our Responsibilities in regrds to your privacy rights;

The practice is required to:

• Maintain the privacy of your health information as required by law;
• Provide you with a notice of our duties and privacy practices as to the information we collect and maintain about you;
• Notify you if we cannot accommodate a requested restriction or request; and
• Accommodate your reasonable requests regarding methods to communicate health information with you.

We reserve the right to amend, change, or eliminate provisions in our privacy practices and access practices and to enact new provisions regarding the protected health information we maintain. If our information practices change, we will amend our Notice. You are entitled to receive a revised copy of the Notice by calling and requesting a copy of our “Notice” or by visiting our office and picking up a copy.

To Request Information or File a Complaint

If you have questions, would like additional information, or want to report a problem regarding the handling of your information, you may contact our office.

Additionally, if you believe your privacy rights have been violated, you may file a written complaint at our office by delivering the written complaint to our office.

• We cannot, and will not, require you to waive the right to file a complaint with the Health Care Complaints Commission as a condition of receiving treatment from the practice.
• We cannot, and will not, retaliate against you for filing a complaint with the Commissioner.

Other Disclosures and uses.

Notification

Unless you object, we may use or disclose your protected health information to notify, or assist in notifying, a family member, personal representative, or another person responsible for your care, about your location, and about your general condition, or your death.

Communication with Family

Using our best judgment, we may disclose to a family member, other relatives, close personal friend, or any other person you identify, health information relevant to that person’s involvement in your care or in payment for such care if you do not object or in an emergency.

Therapeutic Goods Administration (TGA)

We may disclose to the TGA your protected health information relating to adverse events with respect to products and product defects, or post-marketing surveillance information to enable product recalls, repairs, or replacements.

Workers Compensation

If you are seeking compensation through Workers Compensation, we may with your permission, disclose your protected health information to the extent necessary to comply with laws relating to Workers Compensation.

Public Health

As required by law, we may disclose your protected health information to public health or legal authorities charged with preventing or controlling notifiable diseases, injury, or disability.

Abuse and Neglect

We may disclose your protected health information to public authorities as required or allowed by law to report abuse or neglect.

Correctional Institutions

If you are an inmate of a correctional institution, we may disclose to the institution, or its agents, your protected health information necessary for your health and the health and safety of other individuals.

Law Enforcement

We may disclose your protected health information for law enforcement purposes as required by law, such as when required by court order, or in cases involving criminal prosecutions, or to the extent an individual is in the custody of law enforcement.

Health Oversight

Federal law allows us to release your protected health information to appropriate health oversight agencies or for health oversight activities.

Judicial/Administrative Proceedings

We may disclose your protected health information in the course of any judicial or administrative proceeding as allowed or required by law, with your consent, or as directed by a proper court order.

Confidentiality and Privacy – Emergency Provisions

In accordance with our legal rights and obligations we may release your private and confidential health information where ‘required or authorised by law’ (AHPRA Shared Code of Conduct section 3.3) Specifically, in accordance with the NSW Health Privacy Manual for Health Information we may disclose your health information for an authorised secondary purpose. Such disclosure, for a secondary purpose, includes a ‘disclosure to prevent a serious threat to health or welfare’ (see section 11.2.3 of the NSW Health Privacy Manual for Health Information) This action is facilitated by State Emergency and Rescue Managemant Act 1989 No 165*

*Emergency: Under HPPs 10 and 11, exemptions apply to handling of personal information in a ‘stage of emergency’ (prevention, preparation, response and recovery). An ‘emergency’ is defined by the State Emergency and Rescue Management Act 1989 (NSW) to mean an emergency due to an actual or imminent occurrence (such as fire, flood, storm, earthquake, explosion, terrorist act, accident, epidemic, or warlike action) which—
(a) endangers, or threatens to endanger, the safety or health of persons or animals in the State, or
(b) destroys or damages, or threatens to destroy or damage, property in the State, or
(c) causes a failure of, or a significant disruption to, an essential service.
being an emergency, which requires a significant and coordinated response.

Other Uses

Other uses and disclosures besides those identified in this Notice will be made only as otherwise authorised by law or with your written authorisation and you may revoke the authorisation as previously provided.

Security

We take appropriate physical, electronic, and other security measures to help safeguard personal information from unauthorised access, alteration, or disclosure.

Changes to the Privacy Policy

Please note that this Privacy Policy may change from time to time. We will post any Privacy Policy changes on this page, and each version of this Privacy Policy will be identified at the top of the page by its effective date.

If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us on 65836111

Author; Dr Jeremy Rourke, B.D.S. Hons. Syd Univ. Dental Surgeon

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