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Effective March 21, 2003
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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
SVCMC, its medical staff, and affiliated health care providers that jointly
provide health care services with our SVCMC. 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 the links above, calling our office at
212.356.4700 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 SVCMC Privacy Office, at 212.356.4700 or write the Privacy Office at
450 W. 33rd Street, 12th Fl., New York, NY 10001
WHO WILL FOLLOW THIS NOTICE?
SVCMC 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:
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Any health care professional who treats you at any of our
locations
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All employees, medical staff, trainees, students or volunteers at any of our
locations;
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All employees, medical staff, trainees, students or
volunteers at or entities that are part of an organized health care arrangement with the
SVCMC;
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Any business associates of our SVCMC (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 SVCMC. 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 SVCMC Privacy
Office at 450 W. 33rd Street, 12th FL., New York, NY 10001.
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
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
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.
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.
How To Access Your Health
Information You generally have the right to
inspect and copy your health information. For more information
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.
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.
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.
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.
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 separate notices explaining how the information will be
protected. To request copies of these other notices now, please contact
the SVCMC Privacy Office at 212.356.4700 or write to the Privacy Office at 450
W. 33rd Street, 12th FL., New York, NY 10001.
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 SVCMC Privacy Office at
212.356.4700. You may also obtain a copy of this notice from the
links above , 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 SVCMC reception
area. You will also be able to obtain your own copy of the revised notice
by accessing the links above, calling our office at
212.356.4700 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 SVCMC Privacy Office at 450 W. 33rd Street, 12th FL., New York,
NY 10001 or call 212.356.4700. 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:
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information indicating that you are a patient at the SVCMC or receiving
treatment or other health-related services from our SVCMC;
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information about your health condition (such as a disease you may have);
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information about health care products or services you have received or may
receive in the future (such as an operation); or
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information about your health care benefits under an insurance plan (such
as whether a prescription is covered);
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when combined with:
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demographic information (such as your name, address, or insurance status);
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unique numbers that may identify you (such as your social security number,
your phone number, or your driver's license number); and
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other types of information that may identify who you are.
HOW WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION WITHOUT YOUR
WRITTEN AUTHORIZATION
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 or nurses
at the SVCMC 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 SVCMC may share
your health information with another doctor inside our SVCMC, or with a doctor
at another SVCMC, 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 SVCMC 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.
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 SVCMC. 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 SVCMC, 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.
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;
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To
assist law enforcement officers with identifying or locating a suspect, fugitive, witness, or
missing person;
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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;
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If we suspect that your death resulted from
criminal conduct;
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If necessary to report a crime that occurred on our
property; or
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If necessary to report a crime discovered during an
offsite medical emergency (for example, by emergency medical technicians at the scene of
a crime).
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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.
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).
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.
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 SVCMC Medical Records 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.
{Please note: Long Term Care resident's request for inspection of records will
be responded to within 24 hours as per New York Code Rules and Regulations
(NYCRR) Section 415.3 (8) (c) (iv)}. We ordinarily will respond to requests 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 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.
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 SVCMC Medical Records Department. 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.
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 SVCMC 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:
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Disclosures we made to you or your
personal representative;
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Disclosures we made pursuant to your
written authorization;
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Disclosures we made for treatment, payment or
business operations;
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Disclosures made from the
patient directory;
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Disclosures made to your friends and family involved
in your care or payment for
your care;
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Disclosures that were incidental to permissible uses
and disclosures of your health information (for example, when information is
overheard by another patient
passing by);
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Disclosures for purposes of research, public health
or our business operations of limited portions of your health information that do not directly
identify you;
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Disclosures made to federal officials for national security and
intelligence activities;
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Disclosures about inmates to correctional
institutions or law
enforcement officers;
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Disclosures made before April
14, 2003.
To request an accounting of disclosures, please write to SVCMC Medical
Records Department. 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.
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
Office at 450 W. 33rd Street, 12th FL., New York, NY 10001.
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. 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.
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 SVCMC Medical Records
Department. 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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