TERMS OF SERVICE

BERNARD A. SHUSTER, M.D., P.A.
TERMS OF SERVICE AND NOTICE OF PERSONAL PRIVACY TERMS OF SERVICE

• This World Wide Web site with its home page in the domain ' drshuster.net ', hereinafter referred to as the Website , is an information service provided by Bernard A. Shuster, M.D., P.A. , hereinafter referred to as BAS , at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement . BAS reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

• You acknowledge that the information on the Website is provided 'as is' for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. BAS makes no warranties of any kind re gar ding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

• You agree that you will hold harmless BAS and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will BAS or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if BAS has been advised of the possibility of such damages.

• You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of BAS nor are they endorsed by BAS.

BAS may provide links on the Website to other websites which are not under the control of BAS. In general, any website which has an address (or URL) not containing 'drsharongiese.com' is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by BAS of the organization or individual operating the website or a warranty of any type re gar ding the website or the information on the website.

You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked 'Bernard A. Shuster, M.D., P.A.', (b) the link must 'point' to the URL ' http://www.drshuster.net' and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with BAS's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than BAS is associated with or sponsored by BAS, (e) the link, when activated by a user, must display this Website full-screen and not within a 'frame' on the linked website, and (f) BAS reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by BAS.

The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by BAS and its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without BAS's prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of BAS.

This Website may be accessed from all 50 states, as well as from other countries around the world. Because each of these places has laws that may differ from those of Florida, by accessing this Website you agree that the statutes and laws of the State of Florida, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Nassau County, Florida and the United States District Court of Florida with respect to such matters. BAS make no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access this Website from other locations do so of their own initiative and are responsible for compliance with local laws.

All text and electronic images on this Website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or salesmarks of BAS, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.


PRIVACY POLICY

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.

USE AND DISCLOSURE OF HEALTH INFORMATION

Bernard A. Shuster, M.D., P.A. may use your health information, information that constitutes protected health information as defined in the Privacy Rule of the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, for purposes of providing you treatment, obtaining payment for your care and conducting health care operations. Your health information may be used or disclosed only after Bernard A. Shuster, M.D., P.A. has obtained your written consent. Bernard A. Shuster, M.D., P.A. has established policies to guard against unnecessary disclosure of your health information.


THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED.

To Provide Treatment. Bernard A. Shuster, M.D., P.A. may use your health information to coordinate care within Bernard A. Shuster, M.D., P.A. and with others involved in your care, such as your attending physician and other health care professionals who have agreed to assist Bernard A. Shuster, M.D., P.A. in coordinating care. For example, physicians involved in your care will need information about your symptoms in order to prescribe appropriate medications. Bernard A. Shuster, M.D., P.A. also may disclose your health care information to individuals outside of Bernard A. Shuster, M.D., P.A. involved in your care including family members, pharmacists, suppliers of medical equipment or other health care professionals.

To Obtain Payment. Bernard A. Shuster, M.D., P.A. may include your health information in invoices to collect payment from third parties for the care you receive from Bernard A. Shuster, M.D., P.A.. For example, Bernard A. Shuster, M.D., P.A. may be required by your health insurer to provide information re gar ding your health care status so that the insurer will reimburse you or Bernard A. Shuster, M.D., P.A.. Bernard A. Shuster, M.D., P.A. also may need to obtain prior approval from your insurer and may need to explain to the insurer your need for home care and the services that will be provided to you.

To Conduct Health Care Operations. Bernard A. Shuster, M.D., P.A. may use and disclose health information for its own operations in order to facilitate the function of Bernard A. Shuster, M.D., P.A. and as necessary to provide quality care to all of Bernard A. Shuster, M.D., P.A. patients. Health care operations includes such activities as:

• Quality assessment and improvement activities.
• Activities designed to improve health or reduce health care costs.
• Protocol development, case management and care coordination.
• Contacting health care providers and patients with information about treatment alternatives and other related functions that do not include treatment.
• Professional review and performance evaluation.
• Training programs including those in which students, trainees or practitioners in health care learn under supervision.
• Training of non-health care professionals.
• Accreditation, certification, licensing or credentialing activities.
• Review and auditing, including compliance reviews, medical reviews, legal services and compliance programs.
• Business planning and development including cost management and planning related analyses and formulary development.
• Business management and general administrative activities of Bernard A. Shuster, M.D., P.A..
• Fundraising for the benefit of Bernard A. Shuster, M.D., P.A. and certain marketing activities.

For example, Bernard A. Shuster, M.D., P.A. may use your health information to evaluate its staff performance, combine your health information with other Bernard A. Shuster, M.D., P.A. patients in evaluating how to more effectively serve all Bernard A. Shuster, M.D., P.A. patients, disclose your health information to Bernard A. Shuster, M.D., P.A. staff and contracted personnel for training purposes, use your health information to contact you as a reminder re gar ding a visit to you, or contact you as part of general fundraising and community information mailings (unless you tell us you do not want to be contacted).

For Fundraising Activities. Bernard A. Shuster, M.D., P.A. may use information about you including your name, address, phone number and the dates you received care in order to contact you to raise money for Bernard A. Shuster, M.D., P.A.. Bernard A. Shuster, M.D., P.A. may also release this information to a related Bernard A. Shuster, M.D., P.A. foundation. If you do not want Bernard A. Shuster, M.D., P.A. to contact you, notify The Privacy Officer at 954-961-5500 and indicate that you do not wish to be contacted.

For Appointment Reminders. Bernard A. Shuster, M.D., P.A. may use and disclose your health information to contact you as a reminder that you have an appointment for a home visit.

For Treatment Alternatives. Bernard A. Shuster, M.D., P.A. may use and disclose your health information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.


THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED WITHOUT FIRST RECEIVING YOUR WRITTEN CONSENT

When Legally Required. Bernard A. Shuster, M.D., P.A. will disclose your health information when it is required to do so by any Federal, State or local law.

When There Are Risks to Public Health. Bernard A. Shuster, M.D., P.A. may disclose your health information for public activities and purposes in order to:

• Prevent or control disease, injury or disability, report disease, injury, vital events such as birth or death and the conduct of public health surveillance, investigations and interventions.
• Report adverse events, product defects, to track products or enable product recalls, repairs and replacements and to conduct post-marketing surveillance and compliance with requirements of the Food and Drug Administration.
• Notify a person who has been exposed to a communicable disease or who may be at risk of contracting or spreading a disease.
• Notify an employer about an individual who is a member of the workforce as legally required.

To Report Abuse, Neglect Or Domestic Violence. Bernard A. Shuster, M.D., P.A. is allowed to notify government authorities if Bernard A. Shuster, M.D., P.A. believes a patient is the victim of abuse, neglect or domestic violence. Bernard A. Shuster, M.D., P.A. will make this disclosure only when specifically required or authorized by law or when the patient agrees to the disclosure.

To Conduct Health Oversight Activities. Bernard A. Shuster, M.D., P.A. may disclose your health information to a health oversight agency for activities including audits, civil administrative or criminal investigations, inspections, licensure or disciplinary action. Bernard A. Shuster, M.D., P.A., however, may not disclose your health information if you are the subject of an investigation and your health information are not directly related to your receipt of health care or public benefits.

In Connection With Judicial and Administrative Proceedings. Bernard A. Shuster, M.D., P.A. may disclose your health information in the course of any judicial or administrative proceeding in response to an order of a court or administrative tribunal as expressly authorized by such order or in response to a subpoena, discovery request or other lawful process, but only when Bernard A. Shuster, M.D., P.A. makes reasonable efforts to either notify you about the request or to obtain an order protecting your health information.

For Law Enforcement Purposes. As permitted or required by State law, Bernard A. Shuster, M.D., P.A. may disclose your health information to a law enforcement official for certain law enforcement purposes as follows:

• As required by law for reporting of certain types of wounds or other physical injuries pursuant to the court order, warrant, subpoena or summons or similar process.
• For the purpose of identifying or locating a suspect, fugitive, material witness or missing person.
• Under certain limited circumstances, when you are the victim of a crime.
• To a law enforcement official if Bernard A. Shuster, M.D., P.A. has a suspicion that your death was the result of criminal conduct including criminal conduct at Bernard A. Shuster, M.D., P.A.
• In an emergency in order to report a crime.

To Coroners and Medical Examiners. Bernard A. Shuster, M.D., P.A. may disclose your health information to coroners and medical examiners for purposes of determining your cause of death or for other duties, as authorized by law.

To Funeral Directors. Bernard A. Shuster, M.D., P.A. may disclose your health information to funeral directors consistent with applicable law and if necessary, to carry out their duties with respect to your funeral arrangements. If necessary to carry out their duties, Bernard A. Shuster, M.D., P.A. may disclose your health information prior to and in reasonable anticipation of your death.

For Organ, Eye or Tissue Donation. Bernard A. Shuster, M.D., P.A. may use or disclose your health information to organ procurement organizations or other entities engaged in the procurement, banking or transplantation of organs, eyes or tissue for the purpose of facilitating the donation and transplantation.

For Research Purposes. Bernard A. Shuster, M.D., P.A. may, under very select circumstances, use your health information for research. Before Bernard A. Shuster, M.D., P.A. discloses any of your health information for such research purposes, the project will be subject to an extensive approval process. Bernard A. Shuster, M.D., P.A. will almost always request your written authorization before granting access to your individually identifiable health information.

In the Event of a Serious Threat to Health or Safety. Bernard A. Shuster, M.D., P.A. may, consistent with applicable law and ethical standards of conduct, disclose your health information if Bernard A. Shuster, M.D., P.A., in good faith, believes that such disclosure is necessary to prevent or lessen a serious and imminent threat to your health or safety or to the health and safety of the public.

For Specified Government Functions. In certain circumstances, the Federal regulations authorize Bernard A. Shuster, M.D., P.A. to use or disclose your health information to facilitate specified government functions relating to military and veterans, national security and intelligence activities, protective services for the President and others, medical suitability determinations and inmates and law enforcement custody.

For Worker's Compensation. Bernard A. Shuster, M.D., P.A. may release your health information for worker's compensation or similar programs.


AUTHORIZATION TO USE OR DISCLOSE HEALTH INFORMATION

Other than is stated above, Bernard A. Shuster, M.D., P.A. will not disclose your health information other than with your written authorization. If you or your representative authorizes Bernard A. Shuster, M.D., P.A. to use or disclose your health information, you may revoke that authorization in writing at any time.


YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION

You have the following rights re gar ding your health information that Bernard A. Shuster, M.D., P.A. maintains:

• Right to request restrictions. You may request restrictions on certain uses and disclosures of your health information. You have the right to request a limit on Bernard A. Shuster, M.D., P.A.'s disclosure of your health information to someone who is involved in your care or the payment of your care. However, Bernard A. Shuster, M.D., P.A. is not required to agree to your request. If you wish to make a request for restrictions, please contact Bernard A. Shuster, M.D., P.A. Privacy Officer.

• Right to receive confidential communications. You have the right to request that Bernard A. Shuster, M.D., P.A. communicate with you in a certain way. For example, you may ask that Bernard A. Shuster, M.D., P.A. only conduct communications pertaining to your health information with you privately with no other family members present. If you wish to receive confidential communications, please contact Bernard A. Shuster, M.D., P.A.'s Privacy Officer at 954-961-5500. Bernard A. Shuster, M.D., P.A. will not request that you provide any reasons for your request and will attempt to honor your reasonable requests for confidential communications.

• Right to inspect and copy your health information. You have the right to inspect and copy your health information, including billing records. A request to inspect and copy records containing your health information may be made to Bernard A. Shuster, M.D., P.A.'s Privacy Officer at 954-961-5500. If you request a copy of your health information, Bernard A. Shuster, M.D., P.A. may charge a reasonable fee for copying and assembling costs associated with your request.

• Right to amend health care information. You or your representative has the right to request that Bernard A. Shuster, M.D., P.A. amend your records, if you believe that your health information is incorrect or incomplete. That request may be made as long as the information is maintained by Bernard A. Shuster, M.D., P.A.. A request for an amendment of records must be made in writing to the Bernard A. Shuster, M.D., P.A.'s Privacy Officer at 954-961-5500 . Bernard A. Shuster, M.D., P.A. may deny the request if it is not in writing or does not include a reason for the amendment. The request also may be denied if your health information records were not created by Bernard A. Shuster, M.D., P.A., if the records you are requesting are not part of Bernard A. Shuster, M.D., P.A.'s records, if the health information you wish to amend is not part of the health information you or your representative are permitted to inspect and copy, or if, in the opinion of Bernard A. Shuster, M.D., P.A., the records containing your health information are accurate and complete.

• Right to an accounting. You or your representative have the right to request an accounting of disclosures of your health information made by Bernard A. Shuster, M.D., P.A. for any reason other than for treatment, payment or health operations. The request for an accounting must be made in writing to the Bernard A. Shuster, M.D., P.A.'s Privacy Officer at 954-961-5500 . The request should specify the time period for the accounting starting on or after April 14, 2003 . Accounting requests may not be made for periods of time in excess of six (6) years. Bernard A. Shuster, M.D., P.A. would provide the first accounting you request during any 12-month period without charge. Subsequent accounting requests may be subject to a reasonable cost-based fee.

• Right to a paper copy of this notice. You or your representative has a right to a separate paper copy of this Notice at any time even if you or your representative has received this Notice previously. To obtain a separate paper copy, please contact the Bernard A. Shuster, M.D., P.A. Privacy Officer at 954-961-5500 .


DUTIES OF BERNARD A. SHUSTER, M.D., P.A.

Bernard A. Shuster, M.D., P.A. is required by law to maintain the privacy of your health information and to provide to you and your representative this Notice of its duties and privacy practices. Bernard A. Shuster, M.D., P.A. is required to abide by the terms of this Notice as may be amended from time to time. Bernard A. Shuster, M.D., P.A. reserves the right to change the terms of its Notice and to make the new Notice provisions effective for all health information that it maintains. If Bernard A. Shuster, M.D., P.A. changes its Notice, Bernard A. Shuster, M.D., P.A. will provide a copy of the revised Notice to you or your appointed representative. You or your personal representative has the right to express complaints to Bernard A. Shuster, M.D., P.A. and to the Secretary of DHHS if you or your representatives believe that your privacy rights have been violated. Any complaints to Bernard A. Shuster, M.D., P.A. should be made in writing to the Bernard A. Shuster, M.D., P.A.'s Compliance Officer. Bernard A. Shuster, M.D., P.A. encourages you to express any concerns you may have re gar ding the privacy of your information. You will not be retaliated against in any way for filing a complaint.


CONTACT PERSON

Bernard A. Shuster, M.D., P.A. has designated the Bernard A. Shuster, M.D., P.A. privacy officer as its contact person for all issues re gar ding patient privacy and your rights under the Federal privacy standards. You may contact this person at 954-961-5500.

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