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Notice of Privacy
Please check Continuum Health
Partners, Inc.'s website for the latest complete privacy
policy: http://www.wehealny.org/privacy.html
BETH ISRAEL MEDICAL CENTER
ST. LUKE’S-ROOSEVELT HOSPITAL CENTER
THE LONG ISLAND COLLEGE HOSPITAL
NEW YORK EYE AND EAR INFIRMARY
NOTICE OF PRIVACY PRACTICES
Effective Date: April 14, 2003
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.
We are required by law to protect the privacy of health information that
may reveal your identity, and to provide you with a copy of this notice which
describes the health information privacy practices of our hospital, its medical
staff, and affiliated health care providers that jointly provide health care
services with our hospital. A copy of our current notice will always be posted
in our reception area. You will also be able to obtain your own copies by
accessing our website at www.wehealnewyork.org,
calling our office or asking for one at the time of your next visit.
If you have any questions about this notice or would like further information,
please contact the hospital’s Patient Relations Office or the hospital’s
Privacy Officer at 212-523-2162.
WHO WILL FOLLOW THIS NOTICE?
The hospital provides health care to patients jointly with physicians and
other health care professionals and organizations. The privacy practices
described in this notice will be followed by:
· Any health care professional who treats you at any of our locations;
· All employees, medical staff, trainees, students and volunteers at any
of our locations;
· Any business associates of our hospital (which are described further
below).
IMPORTANT SUMMARY INFORMATION
Requirement For Written Authorization. We will generally obtain your written
authorization before using your health information or sharing it with others
outside the hospital. You may also initiate the transfer of your records
to another person by completing a written authorization form. If you provide
us with written authorization, you may revoke that written authorization
at any time, except to the extent that we have already relied upon it. To
revoke a written authorization, please write to Privacy Officer, Continuum
Health Partners, Inc., Legal Affairs, 555 West 57th Street, 18th Floor, New
York, New York 10019.
Exceptions To Written Authorization Requirement. There are some situations
when we do not need your written authorization before using your health information
or sharing it with others. They are:
Exception For Treatment, Payment, And Business Operations. We may use and
disclose your health information to treat your condition, collect payment
for that treatment, or run our business operations. In some cases, we also
may disclose your health information to another health care provider or payor
for its payment activities and certain of its business operations. For more
information, see pages 4-5 of this notice.
Exception For Patient Directory And Disclosure To Family And Friends Involved
In Your Care. We may include information about you in our Patient Directory
or share your health information with family and friends involved in your
care. Although we are not required to obtain your written authorization,
we will ask you whether you have any objection to the use or disclosure of
your health information in this way. For more information, see page 6 of
this notice.
Exception For Public Need. We may use or disclose your health information
in certain situations to comply with the law or to meet important public
needs. For example, we may share your information with public health officials
at the New York state or city health departments who are authorized to investigate
and control the spread of diseases. For more examples, see pages 6-8 of this
notice.
Exception If Information Is Completely Or Partially De-Identified. We may
use or disclose your health information if we have removed any information
that might identify you so that the health information is “completely
de-identified.” We may also use and disclose “partially de-identified” information
if the person who will receive the information agrees in writing to protect
the privacy of the information. For more information, please see page 9 of
this notice.
How To Access Your Health Information. You generally have the right to inspect
and copy your health information. For more information, please see page 9-10
of this notice.
How To Correct Your Health Information. You have the right to request that
we amend your health information if you believe it is inaccurate or incomplete.
For more information, please see page 10 of this notice.
How To Identify Others Who Have Received Your Health Information. You have
the right to receive an “accounting of disclosures,” which identifies
certain persons or organizations to whom we have disclosed your health information
in accordance with the protections described in this Notice of Privacy Practices.
Many routine disclosures we make will not be included in this accounting,
but the accounting will identify many non-routine disclosures of your information.
For more information, please see page 10-11 of this notice.
How To Request Additional Privacy Protections. You have the right to request
further restrictions on the way we use your health information or share it
with others. We are not required to agree to the restriction you request,
but if we do, we will be bound by our agreement. For more information, please
see page 11 of this notice.
How To Request More Confidential
Communications. You have the right to request that we contact
you in a way that is more confidential for you, such as at home
instead of at work. We will try to accommodate all reasonable
requests. For more information, please see page 11 of this notice.
How Someone May Act On Your Behalf. You have the right to name a personal
representative who may act on your behalf to control the privacy of your
health information. Parents and guardians will generally have the right to
control the privacy of health information about minors unless the minors
are permitted by law to act on their own behalf.
How To Learn About Special Protections For HIV, Alcohol and Substance Abuse,
Mental Health And Genetic Information. Special privacy protections apply
to HIV-related information, alcohol and substance abuse treatment information,
mental health information, and genetic information. Some parts of this general
Notice of Privacy Practices may not apply to these types of information.
If your treatment involves this information, you will be provided with a
separate notice explaining how the privacy of the information will be protected.
How To Obtain A Copy Of This Notice. You have the right to a paper copy of
this notice. You may request a paper copy at any time, even if you have previously
agreed to receive this notice electronically. To do so, please call our Privacy
Officer at 212-523-2162. You may also obtain a copy of this notice from our
website at www.wehealnewyork.org, or by requesting a copy at your next visit.
How To Obtain A Copy Of Revised Notice. We may change our privacy practices
from time to time. If we do, we will revise this notice so you will have
an accurate summary of our practices. The revised notice will apply to all
of your health information. We will post any revised notice in our hospital
reception area. You will also be able to obtain your own copy of the revised
notice by accessing our website at www.wehealnewyork.org, calling our Privacy
Officer at 212-523-2162 or asking for one at the time of your next visit.
The effective date of the notice will always be noted in the top right corner
of the first page. We are required to abide by the terms of the notice that
is currently in effect.
How To File A Complaint. If you believe your privacy rights have been violated,
you may file a complaint with us or with the Secretary of the Department
of Health and Human Services. To file a complaint with us, please contact
Louis I. Schenkel, Privacy Officer, Continuum Health Partners, Inc., Legal
Department, 555 West 57th Street, New York, New York 10019, telephone number,
212-523-2162. No one will retaliate or take action against you for filing
a complaint.
WHAT HEALTH INFORMATION IS PROTECTED
We are committed to protecting the privacy of information we gather about
you while providing health-related services. Some examples of protected health
information are:
information indicating that you are a patient at the hospital or receiving
treatment or other health-related services from our hospital;
information about your health condition (such as a disease you may have);
information about health care products or services you have received or may
receive in the future (such as an operation); or
information about your health care benefits under an insurance plan (such
as whether a prescription is covered);
when combined with:
demographic information (such as your name, address, or insurance status);
unique numbers that may identify you (such as your social security number,
your phone number, or your driver’s license number); and
other types of information that may identify who you are.
HOW WE MAY USE AND DISCLOSE
YOUR HEALTH INFORMATION WITHOUT YOUR WRITTEN AUTHORIZATION
For your information, we have included below a more detailed explanation
of how we may use and disclose your health information without your written
authorization.
1. Treatment, Payment And Business Operations
We may use your health information or share it with others in order to treat
your condition, obtain payment for that treatment, and run our business operations.
In some cases, we may also disclose your health information for payment activities
and certain business operations of another health care provider or payor.
Below are further examples of how your information may be used and disclosed
for these purposes.
Treatment. We may share your health information with doctors and nurses at
the hospital who are involved in taking care of you, and they may in turn
use that information to diagnose or treat you. A doctor at our hospital may
share your health information with another doctor inside our hospital, or
with a doctor at another hospital, to determine how to diagnose or treat
you. Your doctor may also share your health information with another doctor
to whom you have been referred for further health care.
Payment. We may use your health information or share it with others so that
we may obtain payment for your health care services. For example, we may
share information about you with your health insurance company in order to
obtain reimbursement after we have treated you, or to determine whether it
will cover your treatment. We might also need to inform your health insurance
company about your health condition in order to obtain pre-approval for your
treatment, such as admitting you to the hospital for a particular type of
surgery. Finally, we may share your information with other health care providers
and payors for their payment activities.
Business Operations. We may use your health information or share it with
others in order to conduct our business operations. For example, we may use
your health information to evaluate the performance of our staff in caring
for you, or to educate our staff on how to improve the care they provide
for you. Finally, we may share your health information with other health
care providers and payors for certain of their business operations if the
information is related to a relationship the provider or payor currently
has or previously had with you, and if the provider or payor is required
by federal law to protect the privacy of your health information.
Appointment Reminders, Treatment Alternatives, Benefits And Services. In
the course of providing treatment to you, we may use your health information
to contact you with a reminder that you have an appointment for treatment
or services at our facility. We may also use your health information in order
to recommend possible treatment alternatives or health-related benefits and
services that may be of interest to you.
Fundraising. To support our business operations, we may use demographic information
about you, including information about your age and gender, where you live
or work, and the dates that you received treatment, in order to contact you
to raise money to help us operate. We may also share this information with
a charitable foundation that will contact you to raise money on our behalf.
Business Associates. We may disclose your health information to contractors,
agents and other business associates who need the information in order to
assist us with obtaining payment or carrying out our business operations.
For example, we may share your health information with a billing company
that helps us to obtain payment from your insurance company. Another example
is that we may share your health information with an accounting firm, law
firm or risk management organization that provides professional advice to
us about how to improve our health care services and comply with the law.
If we do disclose your health information to a business associate, we will
have a written contract to ensure that our business associate also protects
the privacy of your health information.
Continuum Hospitals Cooperate With One Another in Treating Patients. In handling
your medical information, the hospitals and entities that make up Continuum
Health Partners, Inc. treat themselves as a unified health care provider
and may share your health information as needed to treat you, to seek payment
from your health insurer, and to conduct day-to-day operations.
2. Patient Directory/Family and
Friends
We may use your health information in, and disclose it from, our Patient
Directory, or share it with family and friends involved in your care. We
will always give you an opportunity to object unless there is insufficient
time because of a medical emergency (in which case we will discuss your preferences
with you as soon as the emergency is over). We will follow your wishes unless
we are required by law to do otherwise.
Patient Directory. If you do not object, we will include your name, your
location in our facility, your general condition (e.g., fair, stable, critical,
etc.) and your religious affiliation in our Patient Directory while you are
a patient in the hospital or one of the facilities listed at the beginning
of this notice. This directory information, except for your religious affiliation,
may be released to people who ask for you by name. Your religious affiliation
may be given to a member of the clergy, such as a priest or rabbi, even if
he or she doesn’t ask for you by name.
Family and Friends Involved In Your Care. If you do not object, we may share
your health information with a family member, relative, or close personal
friend who is involved in your care or payment for that care. We may also
notify a family member, personal representative or another person responsible
for your care about your location and general condition here at the hospital,
or about the unfortunate event of your death. In some cases, we may need
to share your information with a disaster relief organization that will help
us notify these persons.
3. Public Need
We may use your health information, and share it with others, to comply with
the law or to meet important public needs that are described below.
As Required By Law. We may use or disclose your health information if we
are required by law to do so. We also will notify you of these uses and disclosures
if notice is required by law.
Public Health Activities. We may disclose your health information to authorized
public health officials (or a foreign government agency collaborating with
such officials) so they may carry out their public health activities. For
example, we may share your health information with government officials that
are responsible for controlling disease, injury or disability. We may also
disclose your health information to a person who may have been exposed to
a communicable disease or be at risk for contracting or spreading the disease
if a law permits us to do so. And finally, we may release some health information
about you to your employer if your employer hires us to provide you with
a physical exam and we discover that you have a work-related injury or disease
that your employer must know about in order to comply with employment laws.
Victims Of Abuse, Neglect Or Domestic Violence. We may release your health
information to a public health authority that is authorized to receive reports
of abuse, neglect or domestic violence. For example, we may report your information
to government officials if we reasonably believe that you have been a victim
of such abuse, neglect or domestic violence. We will make every effort to
obtain your permission before releasing this information, but in some cases
we may be required or authorized to act without your permission.
Health Oversight Activities. We may release your health information to government
agencies authorized to conduct audits, investigations, and inspections of
our facility. These government agencies monitor the operation of the health
care system, government benefit programs such as Medicare and Medicaid, and
compliance with government regulatory programs and civil rights laws.
Product Monitoring, Repair And Recall. We may disclose your health information
to a person or company that is regulated by the Food and Drug Administration
for the purpose of: (1) reporting or tracking product defects or problems;
(2) repairing, replacing, or recalling defective or dangerous products; or
(3) monitoring the performance of a product after it has been approved for
use by the general public.
Lawsuits And Disputes. We may disclose your health information if we are
ordered to do so by a court or administrative tribunal that is handling a
lawsuit or other dispute.
Law Enforcement. We may disclose your health information to law enforcement
officials for the following reasons:
To comply with court orders or laws that we are required to follow;
To assist law enforcement officers with identifying or locating a suspect,
fugitive, witness, or missing person;
If you have been the victim of a crime and we determine that: (1) we have
been unable to obtain your agreement because of an emergency or your incapacity;
(2) law enforcement officials need this information immediately to carry
out their law enforcement duties; and (3) in our professional judgment disclosure
to these officers is in your best interests;
If we suspect that your death resulted from criminal conduct;
If necessary to report a crime that occurred on our property; or
If necessary to report a crime discovered during an offsite medical emergency
(for example, by emergency medical technicians at the scene of a crime).
To Avert A Serious And Imminent Threat To Health Or Safety. We may use your
health information or share it with others when necessary to prevent a serious
and imminent threat to your health or safety, or the health or safety of
another person or the public. In such cases, we will only share your information
with someone able to help prevent the threat. We may also disclose your health
information to law enforcement officers if you tell us that you participated
in a violent crime that may have caused serious physical harm to another
person (unless you admitted that fact while in counseling), or if we determine
that you escaped from lawful custody (such as a prison or mental health institution).
National Security And Intelligence Activities Or Protective Services. We
may disclose your health information to authorized federal officials who
are conducting national security and intelligence activities or providing
protective services to the President or other important officials.
Military And Veterans. If you are in the Armed Forces, we may disclose health
information about you to appropriate military command authorities for activities
they deem necessary to carry out their military mission. We may also release
health information about foreign military personnel to the appropriate foreign
military authority.
Inmates And Correctional Institutions. If you are an inmate or you are detained
by a law enforcement officer, we may disclose your health information to
the prison officers or law enforcement officers if necessary to provide you
with health care, or to maintain safety, security and good order at the place
where you are confined. This includes sharing information that is necessary
to protect the health and safety of other inmates or persons involved in
supervising or transporting inmates.
Workers’ Compensation. We may disclose your health information for
workers’ compensation or similar programs that provide benefits for
work-related injuries.
Coroners, Medical Examiners And Funeral Directors. In the unfortunate event
of your death, we may disclose your health information to a coroner or medical
examiner. This may be necessary, for example, to determine the cause of death.
We may also release this information to funeral directors as necessary to
carry out their duties.
Organ And Tissue Donation. In the unfortunate event of your death, we may
disclose your health information to organizations that procure or store organs,
eyes or other tissues so that these organizations may investigate whether
donation or transplantation is possible under applicable laws.
Research. In most cases, we will ask for your written authorization before
using your health information or sharing it with others in order to conduct
research. However, under some circumstances, we may use and disclose your
health information without your written authorization if we obtain approval
through a special process to ensure that research without your written authorization
poses minimal risk to your privacy. Under no circumstances, however, would
we allow researchers to use your name or identity publicly. We may also release
your health information without your written authorization to people who
are preparing a future research project, so long as any information identifying
you does not leave our facility. In the unfortunate event of your death,
we may share your health information with people who are conducting research
using the information of deceased persons, as long as they agree not to remove
from our facility any information that identifies you.
4. Completely De-identified Or Partially
De-identified Information.
We may use and disclose your health information if we have removed any information
that has the potential to identify you so that the health information is “completely
de-identified.” We may also use and disclose “partially de-identified” health
information about you if the person who will receive the information signs
an agreement to protect the privacy of the information as required by federal
and state law. Partially de-identified health information will not contain
any information that would directly identify you (such as your name, street
address, social security number, phone number, fax number, electronic mail
address, website address, or license number).
5. Incidental Disclosures
While we will take reasonable steps to safeguard the privacy of your health
information, certain disclosures of your health information may occur during
or as an unavoidable result of our otherwise permissible uses or disclosures
of your health information. For example, during the course of a treatment
session, other patients in the treatment area may see, or overhear discussion
of, your health information.
YOUR RIGHTS TO ACCESS AND CONTROL YOUR HEALTH INFORMATION
We want you to know that you have the following rights to access and control
your health information. These rights are important because they will help
you make sure that the health information we have about you is accurate.
They may also help you control the way we use your information and share
it with others, or the way we communicate with you about your medical matters.
1. Right To Inspect And Copy Records
You have the right to inspect and obtain a copy of any of your health information
that may be used to make decisions about you and your treatment for as long
as we maintain this information in our records. This includes medical and
billing records. To inspect or obtain a copy of your health information,
please submit your request in writing to the hospital’s Medical Records
Department or physician office that has your records. If you request a copy
of the information, we may charge a fee for the costs of copying, mailing
or other supplies we use to fulfill your request. The standard fee is $0.75
per page and must generally be paid before or at the time we give the copies
to you.
We will respond to your request for inspection of records within 10 days.
If we need additional time to respond to a request for copies, we will notify
you within the time frame above to explain the reason for the delay and when
you can expect to have a final answer to your request.
Under certain very limited circumstances, we may deny your request to inspect
or obtain a copy of your information. If we do, we will provide you with
a summary of the information instead. We will also provide a written notice
that explains our reasons for providing only a summary, and a complete description
of your rights to have that decision reviewed and how you can exercise those
rights. The notice will also include information on how to file a complaint
about these issues with us or with the Secretary of the Department of Health
and Human Services. If we have reason to deny only part of your request,
we will provide complete access to the remaining parts after excluding the
information we cannot let you inspect or copy.
2. Right To Amend Records
If you believe that the health information we have about you is incorrect
or incomplete, you may ask us to amend the information. You have the right
to request an amendment for as long as the information is kept in our records.
To request an amendment, please write to the hospital’s Medical Records
Department or physician office where your records are maintained. Your request
should include the reasons why you think we should make the amendment. Ordinarily
we will respond to your request within 60 days. If we need additional time
to respond, we will notify you in writing within 60 days to explain the reason
for the delay and when you can expect to have a final answer to your request.
If we deny part or all of your request, we will provide a written notice
that explains our reasons for doing so. You will have the right to have certain
information related to your requested amendment included in your records.
For example, if you disagree with our decision, you will have an opportunity
to submit a statement explaining your disagreement which we will include
in your records. We will also include information on how to file a complaint
with us or with the Secretary of the Department of Health and Human Services.
These procedures will be explained in more detail in any written denial notice
we send you.
3. Right To An Accounting Of Disclosures
After April 14, 2003, you have a right to request an “accounting of
disclosures” which identifies certain other persons or organizations
to whom we have disclosed your health information in accordance with applicable
law and the protections afforded in this Notice of Privacy Practices. An
accounting of disclosures does not describe the ways that your health information
has been shared within and between the hospital and the facilities listed
at the beginning of this notice, as long as all other protections described
in this Notice of Privacy Practices have been followed (such as obtaining
the required approvals before sharing your health information with our doctors
for research purposes).
An accounting of disclosures also does not include information about the
following disclosures:
Disclosures we made to you or your personal representative;
Disclosures we made pursuant to your written authorization;
Disclosures we made for treatment, payment or business operations;
Disclosures made from the patient directory;
Disclosures made to your friends and family involved in your care or payment
for your care;
Disclosures that were incidental to permissible uses and disclosures of your
health information (for example, when information is overheard by another
patient passing by);
Disclosures for purposes of research, public health or our business operations
of limited portions of your health information that do not directly identify
you;
Disclosures made to federal officials for national security and intelligence
activities;
Disclosures about inmates to correctional institutions or law enforcement
officers;
Disclosures made before April 14, 2003.
To request an accounting of disclosures, please write to the hospital’s
Medical Records Department or physician office where your records are maintained.
Your request must state a time period within the past six years (but after
April 14, 2003) for the disclosures you want us to include. For example,
you may request a list of the disclosures that we made between January 1,
2004 and January 1, 2005. You have a right to receive one accounting within
every 12 month period for free. However, we may charge you for the cost of
providing any additional accounting in that same 12 month period. We will
always notify you of any cost involved so that you may choose to withdraw
or modify your request before any costs are incurred.
Ordinarily we will respond to your request for an accounting within 60 days.
If we need additional time to prepare the accounting you have requested,
we will notify you in writing about the reason for the delay and the date
when you can expect to receive the accounting. In rare cases, we may have
to delay providing you with the accounting without notifying you because
a law enforcement official or government agency has asked us to do so.
4. Right To Request Additional Privacy Protections
You have the right to request that we further restrict the way we use and
disclose your health information to treat your condition, collect payment
for that treatment, or run our business operations. You may also request
that we limit how we disclose information about you to family or friends
involved in your care. For example, you could request that we not disclose
information about a surgery you had. To request restrictions, please write
to Privacy Officer, Continuum Health Partners, Inc., Legal Affairs, 555 West
57th Street, 18th Floor, New York, New York 10019. Your request should include
(1) what information you want to limit; (2) whether you want to limit how
we use the information, how we share it with others, or both; and (3) to
whom you want the limits to apply.
Please be aware that we are not required to agree to your request for a restriction,
and in some cases the restriction you request may not be permitted under
law.
5. Right To Request Confidential Communications
You have the right to request that we communicate with you about your medical
matters in a more confidential way by requesting that we communicate with
you by alternative means or at alternative locations. For example, you may
ask that we contact you at home instead of at work. To request more confidential
communications, please write to the hospital’s Medical Records Department
or your treating physician’s office. We will not ask you the reason
for your request, and we will try to accommodate all reasonable requests.
Please specify in your request how or where you wish to be contacted, and
how payment for your health care will be handled if we communicate with you
through this alternative method or location.
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