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.cabrininy.org,
calling our Admitting office at (212) 995-6120 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 our Privacy Officer at (212) 995-7472.
WHO
WILL FOLLOW THIS NOTICE?
Cabrini
Medical Center, including its off-site outpatient clinics, 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 or volunteers at
any of our locations.
-
All
employees, medical staff, trainees, students or volunteers at
Mt. Sinai Medical Center, Cabrini Center for Nursing and Rehabilitation,
St. Cabrini Nursing Home, North American Partners in Anesthesia
LLP, Gramercy Radiology P.C., and other entities that are part
of an organized health care arrangement with the hospital.
-
Any
business associates of our hospital (see paragraph Business
Associates further below).
AUTHORIZATION
DESCRIBED IN THIS NOTICE
This
notice will explain the different types of authorization we will
obtain from you before we use or disclose your health information
for a variety of purposes. The three types of authorization referred
to in this notice are:
-
A
"general written consent," which we must obtain from
you in order to use and disclose your health information in
order to treat you, obtain payment for the treatment, and conduct
our business operations. We must obtain this general written
consent the first time we provide you with treatment or services.
This general written consent is a broad authorization that does
not have to be repeated each time we provide treatment or services
to you.
-
An
"opportunity to object," which we must provide to
you before we may use or disclose your health information. In
these situations, you will have an opportunity to object to
the use or disclosure of your health information in person,
over the telephone, or in writing.
-
A
"written authorization," which will provide you with
detailed information about the persons who may receive your
health information and the specific purposes for which your
health information may be used or disclosed. We are only permitted
to use and disclose your health information described on the
written authorization in ways that are explained on the written
authorization form you have signed. A written authorization
will have an expiration date.
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 the Privacy Officer.
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 will
obtain your general written consent to use and disclose your
health information to treat your condition, collect payment
for the 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 it business operations. For more information see page 5-6
of this notice.
-
Exception
For Patient Directory And Disclosures To Family And Friends
Involved In Your Care. We will ask you whether you have
any objection to including information about you in our Patient
Directory or sharing information about your health with your
friends and family involved in your care. For more information,
see page 6-7 of this notice.
-
Exception
In Emergencies Or As Required By Law. We may use or disclose
your health information in an emergency or as required by law.
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 page 7-9 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 10 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 10-11 of this notice.
How
To Amend 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 11 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 11-12 of this notice.
How
To Request Additional Privacy Protections. You have the right
to request further restrictions to 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 12 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
12 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 Mental Health, Alcohol
And Substance Abuse, And HIV Information. The privacy and
confidentiality of mental health information, alcohol and substance
abuse information, and HIV-related information is protected by
Federal and State law and regulations. These protections go above
and beyond the protections described in this general Notice of
Privacy Practices. Some parts of this general Notice of Privacy
Practices may not apply to these types of information. If your
treatment involves this information, please see Appendix A. If
there is any conflict between the general Notice of Privacy Practices
and the information in Appendix A, the protections described in
Appendix A will apply instead of the protections described in
this general Notice of Privacy Practices.
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.cabrininy.org, calling our Admitting office
at (212) 995-6120 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 Secretarty
of the Department of Health and Human Services. To file a complaint
with us, please contact our Privacy Officer. 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).
-
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
1.
Treatment, Payment And Business Operations
With
your general written consent, 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 or 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 your insurance 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 or law firm 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.
We
can do all of these things if you have signed a general written
consent form. Once you sign this general written consent form,
it will be in effect indefinitely until you revoke your general
written consent. You may revoke your general written consent at
any time, except to the extent that we have already relied upon
it. For example, if we provide you with treatment before you revoke
your general written consent, we may still share your health information
with your insurance company in order to obtain payment for that
treatment. To revoke your general written consent, please write
to the Privacy Officer.
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, without your written authorization. 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 and
your religious affiliation in our Patient Directory while you
are a patient in the hospital, except if this disclosure is prohibited
by law. 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,
close personal friend, or any other person that you identify who
is involved in your care or payment for the care, except if this
disclosure is prohibited by law. 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.
In some cases, we may need to share your information with a disaster
relief organization that will help us notify these persons.
3.
Emergencies Or As Required By Law.
We may
use your health information, and share it with others, in order
to treat you in an emergency, to meet important public needs and
as permitted by law. We are not required to obtain your general
written consent before using or disclosing your information for
these reasons. We will, however, obtain your written authorization
for, or provide you with an opportunity to object to, the use
and disclosure of your health information in these situations
when state law specifically requires that we do so.
Emergencies.
We may use or disclose your health information if you need emergency
treatment or if we are required by law to treat you but are unable
to obtain your general written consent. If this happens, we will
try to obtain your general written consent as soon as we reasonably
can after we treat you.
Communication
Barriers. We may use and disclose your health information
if we are unable to obtain your general written consent because
of substantial communication barriers, and we believe you would
want us to treat you if we could communicate with you.
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, problems or adverse events; (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, or in any other way required by law.
Lawsuits
And Disputes. We may disclose your health infomation 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 general written contest
because of an emergency or your incapacity; (2) law enforcement
officials need this information immediately to carry our their
law enforcement duties; and (3) in our professional judgement
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 harm. 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),
if we determine that you escaped from lawful custody (such as
a prison or mental health institution), or if it is necessary
for law enforcement authorities to apprehend an individual.
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 Examiner And Funeral Directors. In the 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 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 event of your death, we may share your health
information with people who are conducting research using the
information of deceased persons.
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 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.
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. Please
contact our Privacy Officer if you have any questions regarding
this section.
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,
as required by law. This includes medical and billing records.
To inspect or obtain a copy of your health information, please
submit your request in writing to the appropriate department.
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. We ordinarily will respond to a request for copies within
30 days if the information is located in our facility and within
60 days if it is located off-site at another facility. If we need
additional time to respond to a request for copies, we will notify
you in writing 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 circumstances, we may deny your request to inspect or
obtain a copy of your information. We will provide a written notice
that explains our reasons for not providing the information 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 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 unable to 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 Privacy Officer. Your request should include the reason(s)
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);
-
Disclosure
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 Privacy
Officer. 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
free of charge. 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 the Privacy
Officer.
Your
request should include (1) what information you wish to restrict;
(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.
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. However, if we do agree, we will be bound by our agreement
unless the information is needed to provide you with emergency
treatment or comply with the law. Once we have agreed to a restriction,
you have the right to revoke the restriction at any time. Under
some circumstances, we will also have the right to revoke the
restriction as long as we notify you before doing so; in other
cases, we will need your permission before we can revoke the restriction.
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 Privacy Officer.
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 should be handled if we communicate with
you through this alternative method or location.
APPENDIX
A
CONFIDENTIALITY
OF MENTAL HEALTH INFORMATION
With
your written consent, mental health information about you may
be used by personnel within the hospital (or its business associates)
in connection with their duties to provide you with treatment,
obtain payment for that treatment, or conduct the hospital's normal
business operations. Generally the hospital may not reveal mental
health information about you to other persons outside of the hospital
unless:
-
The
hospital has obtained your written permission on a specific
authorization form
-
The
disclosure is made to a personal representative who is authorized
to make healthcare decisions on your behalf
-
The
disclosure is to a government agency or private insurance company
in order to obtain payment for services provided to you
-
The
disclosure is to comply with a court order
-
The
disclosure is to appropriate person(s) who are able to avert
a serious and imminent threat to your health or safety or to
the health and safety of another person
-
The
disclosure is to appropriate government authorities to locate
a missing person or conduct a criminal investigation as permitted
under Federal and State confidentiality laws and regulations
-
The
disclosure is to other licensed hospital emergency services
as permitted under Federal and State confidentiality laws
-
The
disclosure is to the mental hygiene legal service offered by
the State
-
The
disclosure is to attorneys representing patients in an involuntary
hospitalization proceeding
-
The
disclosure is to authorized government officials for the purpose
of monitoring or evaluating the quality of care provided by
the hospital or its staff
-
The
disclosure is to qualified researchers when such research poses
minimal risk to your privacy
-
The
disclosure is to coroners and medical examiners to determine
cause of death
-
The
disclosure, if you are an inmate, is to a correctional facility
which certifies that the information is necessary in order to
provide you with healthcare, or in order to protect your health
or the health of any other persons at the correctional institution
CONFIDENTIALITY
OF PSYCHOTHERAPY NOTES
Psychotherapy
notes are notes by a mental health professional that document
or analyze the contents of a conversation during a private counseling
session or during a group, joint, or family counseling session.
If these notes are maintained separate from the rest of your medical
records, generally they can only be used and disclosed with your
special written authorization except in the following circumstances.
With
your general written consent, psychotherapy notes about you may
be used and disclosed in the following situations:
-
The
mental health professional who created the notes may use them
to provide you with further treatment
-
The
mental health professional who created the notes may disclose
them to students, trainees, or practitioners in mental health
who are learning under supervision to practice or improve their
skills in group, joint, family, or individual counseling
-
The
mental health professional who created the notes may disclose
them as necessary to defend his or herself, or the hospital,
in a legal proceeding initiated by you or your personal representative
Psychotherapy
notes may be used and disclosed without your consent or other
authorization in the following situations to comply with the law
or meet an important public need:
-
The
mental health professional who created the notes may disclose
them as required by the law
-
The
mental health professional who created the notes may disclose
the notes to appropriate government authorities when necessary
to avert a serious and imminent threat to your health or safety
or to the health or safety of another person
-
The
mental health professional who created the notes may disclose
them to the United States Department of Health and Human Services
when that agency requests them in order to investigate the mental
health professional's compliance, or the hospital's compliance,
with Federal privacy and confidentiality laws and regulations
CONFIDENTIALITY
OF ALCOHOL AND SUBSTANCE ABUSE INFORMATION
Information
about you may be used by personnel in connection with their duties
to provide you with diagnosis, treatment, or referral for treatment
for alcohol or drug abuse. Generally the hospital may not reveal
to a person outside of the hospital that you attend a program
or disclose any information that would identify you as an alcohol
or drug abuser, unless:
-
The
hospital has obtained your written permission on a specific
authorization form
-
The
disclosure is allowed by a court order and permitted under Federal
and State confidentiality laws and regulations
-
The
disclosure is made to medical personnel in a medical emergency
-
The
disclosure is made to qualified researchers without your specific
authorization when such research poses minimum risk to your
privacy
-
The
disclosure is made to a qualified service organization that
performs certain treatment services (such as lab analyses) or
business operations (such as bill collection) for the hospital.
-
The
disclosure is made to a government agency or other qualified
non-government personnel to perform an audit or evaluation of
the hospital.
-
The
disclosure is made to report a crime committed by a patient
either at the hospital, or against any person who works for
the hospital, or about any threat to commit such a crime.
-
The
disclosure is made to report child abuse or neglect to appropriate
State or local authorities.
CONFIDENTIALITY
OF HIV-RELATED INFORMATION
Confidential
HIV-related information is any information indicating that you
had an HIV-related test, HIV-related illness or AIDS, HIV-related
infection, or any information which could reasonably identify
you as a person who has had a test or has HIV infection.
Under
New York State law, confidential HIV-related information can only
be given to persons allowed to have it by law or allowed to have
it by a specific authorization form that you sign. You can ask
for a list of people who can be given confidential HIV-related
information without the authorization form.
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