Our commitment, and what this notice is
We are required by law to keep your health information private, to give you this notice explaining our legal duties and privacy practices, and to follow the terms of the notice that is currently in effect. We are also required to notify you if a breach occurs that compromises the privacy or security of your health information.
This notice tells you how we may use health information inside the practice, when we may disclose it outside the practice, what we may not do without your written permission, and what rights you have over the information we hold about you.
It applies to your dental record. Information handled by this website is a separate matter, and it is described in our Privacy Policy. If something you send us through the website becomes part of your dental record, this notice governs it from that point on.
Whenever we use or disclose your health information, we use or disclose only the minimum necessary for the purpose, except when the disclosure is to you, is for treatment, is required by law, or is one of the other narrow situations where the minimum necessary rule does not apply.
Treatment, payment and health care operations
The law allows us to use and disclose your health information for these three purposes without asking you each time. The examples below are examples rather than a complete list.
- For treatment
- We use your health information to provide dental care and to coordinate it with others involved in that care. A dental assistant reviews your chart and your radiographs before an appointment. We send an impression, a digital scan or a shade to a dental laboratory so a crown, a bridge or a partial denture can be made. We refer you to an oral surgeon, an endodontist, a periodontist or an orthodontist and send the records and images they need to see. We contact your physician about a medical condition, a medication or a blood thinner before a procedure, and we send prescriptions to your pharmacy.
- For payment
- We use and disclose your health information so that we can be paid for the care we provide. We submit claims to your dental or medical plan with the radiographs, periodontal charting and narratives a claim requires. We ask for a pre-treatment estimate before major work so you know your share in advance. We confirm your eligibility and benefits. If an account goes unpaid, we may disclose the minimum information necessary to a billing service or a collection agency, and we do not send clinical detail for that purpose beyond what is necessary.
- For health care operations
- We use your health information to run the practice and to keep the quality of care up. We review charts and radiographs internally to evaluate how treatment turned out. We train dental assistants, hygienists and students in the office. We prepare for a licensing survey, an audit or a peer review. We consult our attorney, our accountant, our insurance broker and our malpractice carrier, each of whom is bound to keep what they see confidential. We remove identifiers so that information can be used without identifying you.
Contacting you, and people involved in your care
We may also use your health information in these ordinary ways unless you tell us not to:
- Appointment reminders. We may contact you by telephone, by voicemail, by text message, by postcard or by email to remind you of an appointment, to tell you a recall visit is due, or to reach you about a change to the schedule. If you would rather we did not leave a message at a particular number, or did not send a postcard, tell us and we will note it in your record.
- Treatment alternatives and health related benefits. We may tell you about treatment options, products or services related to your care, such as a night guard for grinding, a whitening option, or a recall interval that suits the condition of your gums.
- Family, friends and others involved in your care. We may share information relevant to their involvement with a family member, a friend, or another person you identify as involved in your care or in paying for it. If you are present and able to decide, we will ask you first or give you a chance to object. If you are not present, or cannot decide because of an emergency, we will use professional judgment and disclose only what is directly relevant to that person's involvement. We may also tell a family member where you are and your general condition.
- Disaster relief. We may share information with a public or private organization assisting in disaster relief so that your family can be told where you are and how you are.
You may ask us to stop any of these at any time, or to limit them, and we will note your request in your record.
Uses and disclosures that require your written authorization
Some uses and disclosures may not be made unless you sign an authorization. An authorization is a separate written form, not a line in your new patient paperwork.
- Most marketing communications
- We will not use or disclose your health information to market a product or a service to you where we receive payment from a third party for making that communication, without your written authorization, and the authorization will say that we are being paid. Talking with you face to face, and giving you a promotional item of nominal value such as a toothbrush, do not require an authorization.
- Any sale of your health information
- We will not sell your health information. A disclosure in exchange for payment requires your written authorization, and that authorization must state that the practice will receive payment for the disclosure.
- Psychotherapy notes
- Most uses and disclosures of psychotherapy notes require your written authorization. A dental practice does not ordinarily create such notes, and this practice does not.
- Anything else not described in this notice
- Any other use or disclosure of your health information will be made only with your written authorization.
- Revoking an authorization
- You may revoke an authorization in writing at any time. Revoking it stops any further use or disclosure made under it. It cannot undo a disclosure we already made while the authorization was in effect, and it does not apply where we are required to keep a record of the care we provided to you.
Disclosures we may make without your authorization
The law permits or requires us to disclose health information in the situations below. In each case we disclose only what that law allows.
- As required by law
- We will disclose your health information when federal, state or local law requires us to.
- Public health activities
- We may disclose information to a public health authority to prevent or control disease, injury or disability; to report births and deaths; to report reactions to medications or problems with products; to notify people of recalls; to notify a person who may have been exposed to a communicable disease or may be at risk of contracting or spreading it; and, where authorized by law, to report a suspected work related injury or illness to an employer.
- Abuse, neglect or domestic violence
- We may disclose information to a government authority authorized to receive reports of abuse, neglect or domestic violence. California law requires a dentist to report suspected child abuse and suspected abuse or neglect of an elder or dependent adult, and we comply with those requirements.
- Health oversight activities
- We may disclose information to a health oversight agency for audits, investigations, inspections, licensure and disciplinary actions, and other activities that oversee the health care system, government benefit programs and compliance with civil rights laws. The Dental Board of California is such an agency.
- Judicial and administrative proceedings
- We may disclose information in response to a court order or an administrative order. We may also disclose it in response to a subpoena, a discovery request or other lawful process that is not accompanied by a court order, if we receive satisfactory assurance that you were notified of the request or that an effort was made to obtain a protective order.
- Law enforcement
- We may disclose information to a law enforcement official as required by law or in response to a court order, warrant, subpoena or summons; to identify or locate a suspect, fugitive, material witness or missing person; about a victim of a crime in the limited circumstances the law allows; about a death we believe may have resulted from criminal conduct; about criminal conduct on our premises; and in an emergency to report a crime, the location of a crime or its victims, and the identity or description of the person who committed it.
- Coroners, medical examiners and funeral directors
- We may disclose information to a coroner or medical examiner to identify a deceased person or determine a cause of death, and to a funeral director as necessary to carry out their duties. Dental records are frequently the means by which a person is identified.
- Organ and tissue donation
- If you are an organ donor, we may disclose information to an organ procurement organization or to an entity that handles organ, eye or tissue donation and transplantation.
- Research
- We may use or disclose information for research where an institutional review board or a privacy board has reviewed the research proposal and approved a waiver of authorization, and in the limited circumstances the law allows for preparing a research protocol and for research on the information of people who have died.
- To avert a serious threat to health or safety
- We may use or disclose information when it is necessary to prevent or lessen a serious and imminent threat to the health or safety of you or of another person, and the disclosure is to someone able to prevent or lessen that threat, including the person threatened and law enforcement.
- Specialized government functions
- If you are a member of the armed forces, we may disclose information as required by military command authorities. We may also disclose information to authorized federal officials for national security and intelligence activities, for protective services for the President and others, and for determining eligibility for certain government benefits.
- Inmates and correctional institutions
- If you are an inmate of a correctional institution, or in the custody of a law enforcement official, we may disclose information to that institution or official where it is necessary for your health care, for the health and safety of others, or for the safety and security of the institution.
- Workers compensation
- We may disclose information as authorized by and to the extent necessary to comply with laws relating to workers compensation and similar programs that provide benefits for work related injuries or illness.
- Business associates
- We may disclose information to companies that perform services for the practice, such as a billing service, a practice management or records vendor, a document shredding company or an information technology contractor. Each is required by written contract to protect your information and to use it only for the work we hired it to do.
Your rights
You have the following rights over the health information we hold about you. Unless we say otherwise, each is exercised by a written request to the Privacy Officer at the address in the complaints section below.
- Ask us to restrict uses and disclosures
- You may ask us to limit the health information we use or disclose for treatment, payment or health care operations, or to limit what we disclose to a family member or friend involved in your care. Tell us what you want limited and to whom. We are not required to agree, except in the case immediately below. If we do agree, we will keep to the restriction unless the information is needed to give you emergency treatment.
- Restrict a disclosure to your health plan when you pay in full
- We must agree to a request not to disclose health information to your dental or medical plan about a particular treatment or service, if you pay for that treatment or service in full, out of pocket, and the disclosure is for payment or health care operations and is not otherwise required by law. Tell us before or at the time of the appointment so it can be handled correctly, and be aware that a plan will not apply an amount it never sees toward your deductible or your annual maximum.
- Ask for confidential communications
- You may ask us to contact you in a particular way or at a particular place, for example only at a work number, only by mail to a specific address, or with no message left on voicemail. You do not have to tell us why. We will accommodate reasonable requests.
- See and get a copy of your record
- You may inspect and get a copy of the dental record and billing record we use to make decisions about your care. If we hold the information electronically, you may ask for an electronic copy, and we will provide it in the form and format you ask for if we can readily produce it, or in another electronic form we agree with you. You may also ask us to send a copy to a person you name, in a written, signed request that clearly identifies that person and where the copy should go. We may charge a reasonable, cost based fee, and California law limits what a dental office may charge. We will respond within the time the law allows. In the limited circumstances where the law permits us to deny access, we will tell you in writing and explain how you may have that decision reviewed.
- Ask us to amend your record
- If you believe information in your record is incorrect or incomplete, you may ask us in writing to amend it, and you must give a reason for the request. We may deny it, for example where we did not create the information or where we believe the record is accurate and complete. If we deny it we will tell you in writing, and you may file a written statement of disagreement that we will include with the record from then on.
- Get an accounting of disclosures
- You may ask for a list of the disclosures we made of your health information in the six years before your request. The list does not include disclosures for treatment, payment or health care operations, disclosures you authorized, disclosures made to you, disclosures to people involved in your care, and certain others the law excludes. The first list in any twelve month period is free. We may charge a reasonable, cost based fee for further lists in the same period, and we will tell you the cost first so that you can withdraw or narrow the request.
- Get a paper copy of this notice
- You may ask for a paper copy of this notice at any time, even if you agreed to receive it electronically. Ask at the front desk or call the office and we will hand you one or mail it.
- Be told if there is a breach
- You have the right to be notified if a breach occurs that compromises the privacy or security of your unsecured health information.
- Choose someone to act for you
- If you have given someone a medical power of attorney, or if someone is your legal guardian or the personal representative of your estate, that person can exercise these rights and make choices about your health information. We will verify that the person has that authority before we act on their request.
Our duties
We are required by law to maintain the privacy and security of your health information, to give you this notice of our legal duties and privacy practices, to follow the terms of the notice currently in effect, and to notify you if a breach occurs that compromises your unsecured health information.
We will not use or disclose your health information for any purpose other than those described in this notice without your written authorization, and where you revoke an authorization we will honor it for anything we have not already done.
We train the people who work here on these rules, we limit access to health information to those who need it to do their work, and we keep physical, technical and administrative safeguards over paper and electronic records.
How to complain
If you believe your privacy rights have been violated, you may complain to the practice and to the federal government. We will not retaliate against you, and you will not lose any care or any benefit, because you filed a complaint.
- Complain to the practice
- Put your complaint in writing to the Privacy Officer, Robert J. Brosi, DDS Inc., PO Box 2407, Oakhurst, CA 93644-2407, or call the office at (559) 683-4694 and ask to speak with the Privacy Officer. Describe what happened and when. We will look into it and respond to you. The name and direct telephone number of the Privacy Officer are to be confirmed by the practice and inserted here before this notice is used.
- Complain to the Secretary of the U.S. Department of Health and Human Services
- You may file a complaint with the Secretary of the United States Department of Health and Human Services, Office for Civil Rights. Write to 200 Independence Avenue SW, Washington, DC 20201, call 1-877-696-6775, or file online at hhs.gov. A complaint must generally be filed within one hundred eighty days of when you knew, or should have known, of the act you are complaining about.
- Complain to a California authority
- You may also contact the Dental Board of California, which licenses dentists in this state, or the Office of the Attorney General of California.
California law may give you more protection
California law gives medical information additional protection beyond what federal law requires. The Confidentiality of Medical Information Act, at California Civil Code section 56 and following, restricts how a health care provider may disclose medical information and generally requires a signed authorization for disclosures that federal law alone would allow without one.
Where California law is more protective of your information, or gives you greater rights of access, that law applies instead of the federal rule. Among other things, California sets its own deadlines for providing records, limits what may be charged for copies, and gives additional protection to information about mental health treatment, developmental disabilities, alcohol and drug treatment, HIV and AIDS status, genetic testing, and reproductive and gender affirming care. California also sets out the circumstances in which a minor may consent to their own care and control the resulting record.
Nothing in this notice waives any right you have under California law.
Changes to this notice
We may change this notice, and we may make the new terms apply to health information we already hold as well as to information we receive in the future.
The current notice, with its effective date, is posted in the office and on this page. You may ask for a copy at any visit.
Acknowledging that you received this notice
We ask new patients to sign a short form confirming that they received this notice. Signing it is not consent to any particular use or disclosure of your information, and it does not waive any of your rights.
If you would rather not sign, we will simply note that the notice was given to you and carry on with your care.
How to reach the practice
- Practice
- Robert J. Brosi, DDS Inc., a California professional dental corporation
- Dentist
- Dr. Robert J. Brosi, DDS, General Dentist. California license 029875, Dental Board of California. National Provider Identifier 1205950839.
- Office
- 49414 Road 426, Oakhurst, California 93644
- PO Box 2407, Oakhurst, CA 93644-2407
- Phone
- (559) 683-4694
- Fax
- (559) 642-6219
- drbrosi@sti.net. Ordinary email is not secure. Please do not send health details to this address, and call the office instead.
- In person
- Hours, directions and parking are on our contact page.
Related pages
- Privacy Policy, which covers what this website does with information and your California privacy rights.
- Terms of Use, which covers using this website.
- Accessibility Statement, which covers how the site is built and how to report a barrier.
- Contact, for our address, office hours, directions and telephone number.