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Notice of Privacy Practices
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.
I. What this Is
This Notice describes the privacy practices of North Shore
Medical Associates,pc (the "Practice").
II. Our Privacy Obligations
We are required by law to maintain the privacy of medical and
health information about you (“Protected Health Information” or
“PHI”) and to provide you with this Notice of our legal duties and
privacy practices with respect to PHI. When we use or disclose PHI, we are
required to abide by the terms of this Notice (or other notice in effect at the
time of the use or disclosure).
III. Permissible Uses and Disclosures Without Your Written
Authorization
In certain situations, which we will describe in Section IV
below, we must obtain your written authorization in order to use and/or disclose
your PHI. However, we do not need any type of authorization from you for the
following uses and disclosures:
A. Uses and Disclosures For Treatment, Payment and Health
Care Operations. We may use and disclose PHI in order to treat you, obtain
payment for services provided to you and conduct our “health care operations”
(e.g., internal administration, quality improvement and customer service) as
detailed below:
Treatment. We use and disclose PHI to provide
treatment and other services to you--for example, to diagnose and treat
your injury or illness. In addition, we may contact you to provide
appointment reminders or information about treatment alternatives or other
health-related benefits and services that may be of interest to you. We
may also disclose PHI to other providers involved in your treatment.
Payment. We may use and disclose PHI to obtain
payment for services that we provide to you--for example, disclosures to
claim and obtain payment from your health insurer, HMO, or other company
that arranges or pays the cost of some or all of your health care (“Your
Payor”), or to verify that Your Payor will pay for health care.
Health Care Operations. We may use and disclose PHI
for our health care operations, which include internal administration and
planning and various activities that improve the quality and cost
effectiveness of the care that we deliver to you. For example, we may use
PHI to evaluate the quality and competence of our physicians, nurses and
other health care workers. We may disclose PHI to our office manager in
order to resolve any complaints you may have and ensure that you have a
pleasant visit with us.
We may also disclose PHI to your other health care providers
when such PHI is required for them to treat you, receive payment for services
they render to you, or conduct certain health care operations, such as quality
assessment and improvement activities, reviewing the quality and competence of
health care professionals, or for health care fraud and abuse detection or
compliance.
B. Disclosure to Relatives Close Friends and Other
Caregivers. We may use or disclose PHI to a family member, other relative, a
close personal friend or any other person identified by you when you are present
for, or otherwise available prior to, the disclosure. If you object to such uses
or disclosures, please notify the Office Manager.
If you are not present, you are incapacitated, or in an
emergency circumstance, we may exercise our professional judgment to determine
whether a disclosure is in your best interests. If we disclose information to a
family member, other relative or a close personal friend, we would disclose only
information that is directly relevant to the person’s involvement with your
health care or payment related to your health care. We may also disclose PHI in
order to notify (or assist in notifying) such persons of your location, general
condition or death.
C. Public Health Activities. We may disclose PHI for
the following public health activities: (1) to report health information to
public health authorities for the purpose of preventing or controlling disease,
injury or disability; (2) to report child abuse and neglect to public health
authorities or other government authorities authorized by law to receive
such reports; (3) to report information about products and services under the
jurisdiction of the U.S. Food and Drug Administration; (4) to alert a person who
may have been exposed to a communicable disease or may otherwise be at risk of
contracting or spreading a disease or condition; and (5) to report information
to your employer as required under laws addressing work-related illnesses and
injuries or workplace medical surveillance.
D. Victims of Abuse, Neglect or Domestic Violence. If
we reasonably believe you are a victim of abuse, neglect or domestic violence,
we may disclose PHI to a governmental authority, including a social service or
protective services agency, authorized by law to receive reports of such abuse,
neglect, or domestic violence.
E. Health Oversight Activities. We may disclose PHI to
a health oversight agency that oversees the health care system and is charged
with responsibility for ensuring compliance with the rules of government health
programs such as Medicare or Medicaid.
F. Judicial and Administrative Proceedings. We may
disclose PHI in the course of a judicial or administrative proceeding in
response to a legal order or other lawful process.
G. Law Enforcement Officials. We may disclose PHI to
the police or other law enforcement officials as required or permitted or
permitted by law or in compliance with a court order or a grand jury or
administrative subpoena.
H. Decedents. We may disclose PHI to a coroner or
medical examiner as authorized by law.
I. Organ and Tissue Procurement. We may disclose PHI
to organizations that facilitate organ, eye or tissue procurement, banking or
transplantation.
J. Research. We may use or disclose PHI without your
consent or authorization if an Institutional Review Board/Privacy Board approves
a waiver of authorization for disclosure.
K. Health or Safety. We may use or disclose PHI to
prevent or lessen a serious and imminent threat to a person’s or the public’s
health or safety.
L. Specialized Government Functions. We may use and
disclose PHI to units of the government with special functions, such as the U.S.
military or the U.S. Department of State under certain circumstances required by
law.
M. Workers’ Compensation. We may disclose PHI as
authorized by and to the extent necessary to comply with laws relating to
workers' compensation or other similar programs.
N. As required by law. We may use and disclose PHI
when required to do so by any other law not already referred to in the preceding
categories.
IV. Use and Disclosures Requiring Your Written Authorization
A. Use or Disclosure with Your Authorization.
For any purpose other than the ones described in Section III, we only may use or
disclose PHI when (1) you give us your authorization on our authorization form (“Your
Authorization”). For instance, you will need to execute an authorization
form before we can send your PHI to your life insurance company, to your child’s
camp or school, or to the attorney representing the other party in litigation in
which you are involved.
B. Special Authorization. Confidential HIV-related
information (for example, information regarding whether you have ever been the
subject of an HIV test, have HIV infection, HIV-related illness or AIDS, or any
information which could indicate that you have ever been potentially exposed to
HIV) will never be used or disclosed to any person without your specific written
authorization, except to certain other persons who need to know such information
in connection with your medical care, and, in certain limited circumstances, to
public health or other government officials (as required by law), to persons
specified in a special court order, to insurers as necessary for payment for
your care or treatment, or to certain persons with whom you have had sexual
contact or have shared needles or syringes (in accordance with a specified
process set forth in New York State law). This special written authorization (“Your
Special Authorization”) is a New York State approved form which is a
separate document from Your Authorization.
There is only one type of disclosure of confidential HIV
related information which is permitted with Your Authorization, as opposed to
Your Special Authorization: disclosures to a third party payor for any reason
other than obtaining payment for health care services rendered to you.
C. Marketing Communications. We must also obtain your
written authorization (“Your Marketing Authorization”) prior to using
your PHI to send you any marketing materials. (We can, however, provide you with
marketing materials in a face-to-face encounter, without obtaining Your
Marketing Authorization. We are also permitted to give you a promotional gift of
nominal value, if we so choose, without obtaining Your Marketing Authorization.)
In addition, we may communicate with you about products or services relating to
your treatment, case management or care coordination, or alternative treatments,
therapies, providers or care settings. We may use or disclose PHI to identify
health-related services and products that may be beneficial to your health and
then contact you about the services and products.
V. Your Individual Rights
A. For Further Information; Complaints. If you desire
further information about your privacy rights, are concerned that we have
violated your privacy rights or disagree with a decision that we made about
access to PHI, you may contact our Office Manager. You may also file written
complaints with the Director, Office for Civil Rights of the U.S. Department of
Health and Human Services. Upon request, the Office Manager will provide you
with the correct address for the Director. We will not retaliate against you if
you file a complaint with us or the Director.
B. Right to Request Additional Restrictions. You may
request restrictions on our use and disclosure of PHI (1) for treatment, payment
and health care operations, (2) to individuals (such as a family member, other
relative, close personal friend or any other person identified by you) involved
with your care or with payment related to your care, or (3) to notify or assist
in the notification of such individuals regarding your location and general
condition. All requests for such restrictions must be made in writing. While we
will consider all requests for additional restrictions carefully, we are not
required to agree to a requested restriction. If you wish to request additional
restrictions, please obtain a request form from our Office Manager and submit
the completed form to the Office Manager. We will send you a written response.
C. Right to Receive Confidential Communications. You
may request, and we will accommodate, any reasonable written request for you to
receive PHI by alternative means of communication or at alternative locations.
D. Right to Inspect and Copy Your Health Information.
You may request access to your medical record file and billing records
maintained by us in order to inspect and request copies of the records. All
requests for access must be made in writing. Under limited circumstances, we may
deny you access to your records. If you desire access to your records, please
obtain a record request form from the Office Manager and submit the completed
form to the Office Manager. If you request copies, we will charge you 75 cents
for each page.
You should take note that, if you are a parent or legal
guardian of a minor, certain portions of the minor’s medical record will not
be accessible to you (for example, records relating to venereal disease,
abortion, or care and treatment to which the minor is permitted to consent
himself/herself (without your consent) such as HIV testing, sexually transmitted
disease diagnosis and treatment, chemical dependence treatment, prenatal care,
care received by a married minor, and contraception and/or family planning
services).
E. Right to Revoke Your Authorization. You may revoke
Your Authorization, Your Special Authorization, or Your Marketing Authorization,
except to the extent that we have taken action in reliance upon it, by
delivering a written revocation statement to the Office Manager identified
below. [A form of Written Revocation is available upon request from the
Office Manager.]
F. Right to Amend Your Records. You have the right to
request that we amend PHI maintained in your medical record file or billing
records. If you desire to amend your records, please obtain an amendment request
form from the Office Manager and submit the completed form to the Office
Manager. All requests for amendments must be in writing. We will comply with
your request unless we believe that the information that would be amended is
accurate and complete or other special circumstances apply.
G. Right to Receive An Accounting of Disclosures. Upon
written request, you may obtain an accounting of certain disclosures of PHI made
by us during any period of time prior to the date of your request provided such
period does not exceed six years and does not apply to disclosures that occurred
prior to April 14, 2003. If you request an accounting more than once during a
twelve (12) month period, we will charge you $5 per page of the accounting
statement.
H. Right to Receive Paper Copy of this Notice. Upon
written request, you may obtain a paper copy of this Notice, even if you agreed
to receive such notice electronically.
VI. Effective Date and Duration of This Notice
A. Effective Date. This Notice is effective on April
14, 2003.
B. Right to Change Terms of this Notice. We may change
the terms of this Notice at any time. If we change this Notice, we may make the
new notice terms effective for all PHI that we maintain, including any
information created or received prior to issuing the new notice. If we change
this Notice, we will post the revised notice in waiting areas of the Practice
[and on our Internet site at www.doctormelgar.com].
You may also obtain any revised notice by contacting the Office Manager
VII. Office Manage
You may contact the Office Manager at:
North Shore Medical Associates, P.C.
107 Northern Blvd, Suite 206
Great Neck, NY 11021
Telephone Number: 516-829-2016
Fax Number: 516-829-2019
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