If you have any questions
about this notice, please contact the Privacy Contact for the
practice:
Office Manager
(212) 941-0011
This notice was published and becomes
effective on April 7, 2003.
Our Pledge Regarding Medical
Information
We understand that medical information
about you and your health is personal and we are committed to
maintaining the confidentiality of your medical information. We create
and maintain a record of the care and services that you receive at our
practice. We need this record to treat you and to comply with certain
legal requirements. This notice applies to all of the records of your
care generated by our practice, whether made by your personal doctor or
by other personnel within our practice.
This notice advises you about the ways in
which we may use and disclose medical information about you. It also
describes your rights to access and control your medical information.
‘Medical information’ is information about you, including
demographic information, that may identify you and that relates to your
past, present or future physical or mental health or condition and
related health care services. This notice also describes your rights and
explains certain obligations we have regarding the use and disclosure of
medical information.
We are required by law to:
- Make sure that medical information
that identifies you is kept private.
- Provide you with this notice of our
legal duties and privacy practices with respect to medical
information about you.
- Follow the terms described in this
notice
We may change the terms of this notice at
any time. The new notice will be effective for all protected health
information that we maintain at that time. Upon your request, we will
provide you with any revised Notice of Privacy Practices by calling our
office and requesting that a revised copy be sent to you in the mail, by
asking for one at the time of your next office visit, or by accessing
our website.
How We May Use and Disclose Medical
Information About You
The following categories describe
different ways that we may use and disclose medical information. For
each category of uses or disclosures, we will explain what we mean and
provide examples. Not every use or disclosure in a category will
necessarily be listed below. However, all of the ways which we are
permitted to use and disclose information will fall within one of the
categories.
Treatment - We may use
medical information about you to provide you with medical treatment or
services. We may disclose medical information about you to doctors,
nurses, technicians, medical students, or other practice personnel who
are involved in your medical care and treatment. For example, a doctor
treating you for a broken leg may need to know if you have diabetes
because diabetes may slow the healing process. In addition, the doctor
may need to inform the dietitian if you have diabetes so that we can
arrange for you to receive information regarding appropriate meals.
Different areas of the practice also may share medical information about
you in order to coordinate the different things you need, such as
prescriptions, lab work and x-rays. We also may disclose medical
information about you to people outside the practice who may be involved
in your medical care after you leave our office, such as family members,
clergy or others we may rely upon or ask to assist us in caring for you.
Payment - We may use and
disclose medical information about you so that the treatment and
services which we provide to you at our practice, or at a hospital,
ambulatory surgery center, nursing home or other site may be billed to
and payment may be collected from you and/or your insurance company or
other responsible third party. For example, we may need to provide to
your health insurance plan information about the services which we
provided to you at our practice, hospital or ambulatory surgery center,
so that your health plan will pay us or reimburse you for the services.
We may also advise your health insurance plan about a treatment you are
going to receive in order to obtain prior approval or to determine
whether your plan will cover the treatment.
Health Care Operations - We
may use and disclose medical information about you for our practice
operations. These uses and disclosures are necessary to operate our
practice and make sure that all of our patients receive quality care.
For example, we may use medical information to review our treatment and
services and to evaluate the performance of our staff in caring for you.
We may also combine medical information about many practice patients to
decide what additional services the practice should offer, what services
are not needed, and whether certain new treatments are effective. We may
also disclose information to doctors, nurses, technicians, medical
students, and other practice personnel for review and learning purposes.
We may also combine the medical information we have with medical
information from other practices to compare how we are doing and see
where we can make improvements in the care and services that we offer.
We may remove information that identifies you from this set of medical
information so others may use it to study health care and health care
delivery without learning who the specific patients are.
Appointment Reminders - We
may use and disclose medical information in connection with our efforts
to remind you that you have an appointment.
Treatment Alternatives - We
may use and disclose medical information to tell you about or recommend
possible treatment options or alternatives that may be of interest to
you. For example, we may use your information to determine whether you
qualify for a nutritional counseling program.
Health-Related Benefits and
Services - We may use and disclose medical information to tell
you about health-related benefits or services that may be of interest to
you.
Fundraising Activities - We
may use or disclose your demographic information and the dates that you
received treatment from your doctor, as necessary, in order to contact
you for fundraising activities supported by our practice. If you do not
want to receive these materials, please contact our Privacy Contact and
request that these fundraising materials not be sent to you.
Ambulatory Surgery Center Registry
- If your care or services are performed at an ambulatory surgery center
that is part of our practice, we may include certain limited information
about you in the ambulatory surgery registry while you are a patient at
the ambulatory surgery center. This information may include your name,
location within the ambulatory surgery center, the facility directory,
your general condition (e.g., fair, stable, etc.) and your religious
affiliation. The registry information, except for your religious
affiliation, may also be released to people who ask for you by name.
Your religious affiliation may be given to a member of the clergy, even
if they don’t ask for you by name. This is so your family, friends and
clergy can visit you in the ambulatory surgery center and generally be
advised of how you are doing.
Individuals Involved in Your Care
or Payment for Your Care - We may release medical information
about you to a friend or family member who is involved in your medical
care. We may also give information to someone who helps pay for your
care. For example, a babysitter responsible for the care of a child may
be provided with certain information about the treatment which we
provided to the child. We may also advise your family or friends about
your condition and that you are in a hospital, ambulatory surgery center
or at our office. In addition, we may disclose medical information about
you to an entity assisting in a disaster relief effort so that your
family can be notified about your condition, status and location.
Research - Under certain
circumstances, we may use and disclose medical information about you for
research purposes. For example, a research project may involve comparing
the health and recovery of all patients who received one medication to
those who received another, for the same condition. All research
projects, however, are subject to a special approval process. This
process evaluates a proposed research project and its use of medical
information, trying to balance the research needs with patients’ need
for privacy of their medical information. Before we use or disclose
medical information for research, the project will have been approved
through this research approval process. We may, however, disclose
medical information about you to people preparing to conduct a research
project, for example, to help them look for patients with specific
medical needs, so long as the medical information they review does not
leave the practice. We will almost always ask for your specific
permission if the researcher will have access to your name, address or
other information that reveals who you are, or will be involved in your
care at the practice.
SPECIAL SITUATIONS
- Other Permitted and Required
Uses and Disclosures That May Be Made Without Your Consent,
Authorization or Opportunity to Object:
Emergencies - We may use or
disclose your medical information in an emergency treatment situation.
If this happens, your doctor shall try to obtain your consent as soon as
reasonably practicable after the delivery of treatment. If your doctor
or another doctor in the practice is required by law to treat you and
the doctor has attempted to obtain your consent but is unable to obtain
your consent, he or she may still use or disclose your medical
information in order to treat you.
Communication Barriers - We
may use and disclose your medical information if your doctor or another
doctor in the practice attempts to obtain consent from you but is unable
to do so due to substantial communication barriers and the doctor
determines, using professional judgment, that you intend to consent to
use or disclosure under the circumstances.
Coroners, Medical Examiners and
Funeral Directors - We may release medical information to a
coroner or to a medical examiner. This may be necessary, for example, to
identify a deceased person or to determine the cause of death. We may
also release medical information about patients to funeral directors as
necessary to carry out their duties.
Organ and Tissue Donation -
If you are an organ donor we may release medical information to
organizations that handle organ procurement or organ, eye or tissue
transplantation or to an organ donation bank, as necessary to facilitate
organ or tissue donation and transplantation.
As Required By Law - We
will disclose your medical information when required to do so by
federal, state or local law. The use or disclosure will be made in
compliance with the law and will be limited to the relevant requirements
of the law.
Legal Proceedings - If you
are involved in a lawsuit or a dispute, we may disclose medical
information about you in response to a court or administrative order. We
may also disclose medical information about you in response to a
subpoena, discovery request, or other lawful process by someone else
involved in the dispute, but only if required by law or if efforts have
been made to tell you about the request or to obtain an order protecting
the information requested.
Public Health - We may
disclose medical information about you for public health activities.
These activities generally include the following:
- To prevent or control disease, injury
or disability.
- To report births and deaths.
- To report child abuse or neglect.
- To report reactions to medications or
problems with products.
- To notify people of recalls of
products they may be using.
- To notify a person who may have been
exposed to a disease or may be at risk for contracting or spreading
a disease or condition.
- To notify the appropriate government
authority if we believe a patient has been the victim of abuse,
neglect or domestic violence. In this case, the disclosure will be
made consistent with the requirements of applicable federal and
state laws.
To Avert a Serious Threat to Health
or Safety - We may use and disclose medical information about
you when necessary to prevent a serious threat to your health and safety
or the health and safety of the public or another person. Any
disclosure, however, would only be to someone able to help prevent the
threat.
Law Enforcement - We will
disclose medical information when required to do so for law enforcement
purposes. These law enforcement purposes include (1) legal processes and
otherwise required by law, (2) limited information requests for
identification and location purposes, (3) pertaining to victims of a
crime, (4) suspicion that death has occurred as a result of criminal
conduct, (5) in the event that a crime occurs on the premises of the
practice, and (6) medical emergency (not on the practice’s premises)
and it is likely that a crime has occurred.
Criminal Activity -
Consistent with applicable federal and state laws, we may disclose your
medical information, if we believe that the use or disclosure is
necessary to prevent or lessen a serious and imminent threat to the
health or safety of a person or the public. We may also disclose medical
information if it is necessary for law enforcement authorities to
identify or apprehend an individual.
Inmates - If you are an
inmate of a correctional facility or under the custody of a law
enforcement official, we may release medical information about you to
the correctional facility or law enforcement official. This release
would be necessary (1) for the institution to provide you with health
care; (2) to protect your health and safety or the health and safety of
others; or (3) for the safety and security of the correctional
institution.
National Security and Intelligence
Activities - We may release medical information about you to
authorized federal officials for intelligence, counterintelligence,
protection of the President, other authorized persons or foreign heads
of state, for purpose of determining your own security clearance and
other national security activities authorized by law.
Military and Veterans - If
you are a member of the armed forces, we may release medical information
about you as required by military command authorities. We may also
release medical information about foreign military personnel to the
appropriate foreign military authority. If you are a member of the Armed
Forces, we may disclose medical information about you to the Department
of Veterans Affairs upon your separation or discharge from military
services. This disclosure is necessary for the Department of Veterans
Affairs to determine whether you are eligible for certain benefits.
Workers’ Compensation -
We may release medical information about you to comply with worker’s
compensation laws or similar programs. These programs provide benefits
for work-related injuries or illness.
Health Oversight Activities
- We may disclose medical information to a health oversight agency for
activities authorized by law. These oversight activities include, for
example, audits, investigations, inspections, and licensure. These
activities are necessary for the government to monitor the health care
system, government programs, and compliance with civil rights laws.
Under the law, we must make disclosures to you and when required by the
Secretary of the Department of Health and Human Services to investigate
or determine our compliance with the requirements of Section 164.500 et.
seq.
Your Rights Regarding Medical
Information About You
You have the following rights regarding
medical information we maintain about you:
Right to Inspect and Copy -
You have the right to inspect and copy medical information that may be
used to make decisions about your care. Usually, this includes medical
and billing records and any other records that your doctor and the
practice use for making decisions about you. We may deny your request to
inspect and copy in certain limited circumstances. Under federal law,
you may not inspect or copy (1) psychotherapy notes; (2) information
compiled in reasonable anticipation of, or use in, a civil, criminal, or
administrative action or proceeding; (3) medical information that is
subject to law that prohibits access to medical information. If you are
denied access to medical information, you may request that the denial be
reviewed. Another licensed health care professional chosen by the
practice will review your request and the denial. The person conducting
the review will not be the person who denied your request. We will
comply with the outcome of the review.
To inspect and copy medical information
that may be used to make decisions about you, you must submit your
request in writing to our Privacy Contact. If you request a copy
of the information, we may charge a fee as permitted by state law for
the costs of copying, mailing or other supplies associated with your
request.
Right to Amend - If you
feel that medical information we have about you is incorrect or
incomplete you have the right to request an amendment for as long as the
information is maintained by the practice. Your request must be made in
writing to our Privacy Contact and you must provide a reason that
supports your request. We may deny your request for an amendment if it
is not in writing or does not include a reason to support the request.
In addition, we may deny your request if you ask us to amend information
that:
- Was not created by us, unless the
person or entity that created the information is no longer available
to make the amendment.
- Is not part of the medical information
maintained by the practice.
- Is not part of the information which
you would be permitted to inspect and copy.
- Is accurate and complete.
Right to Request Confidential
Communications - You have the right to request that we
communicate with you about medical matters in an alternative way or at
an alternative location. For example, you can ask that we only contact
you at work or by mail. We will accommodate reasonable requests and we
will not request an explanation for your request. Please make this
request in writing to our Privacy Contact.
Right to Request Restrictions
- You have the right to request a restriction or limitation on the
medical information we use or disclose about you for treatment, payment
or health care operations. You also have the right to request a limit on
the medical information we disclose about you to someone who is involved
in your care or the payment for your care, like a family member or
friend. For example, you could ask that we not use or disclose
information about a surgery that you had. Your request must be made in
writing to our Privacy Contact and you must tell us (1) what information
you want to limit; (2) whether you want to limit our use, disclosure or
both; and (3) to whom you want the limits to apply, for example,
disclosures to your spouse.
The practice is not required to
agree to your request. If your doctor believes it is in your
best interest to permit the use and disclosure of your medical
information, then your medical information will not be restricted. If we
do agree, we will comply with your request unless the information is
needed to provide you with emergency treatment. With this in mind,
please discuss any restriction you wish to request with your doctor.
Right to an Accounting of
Disclosures - You have the right to request an “accounting of
disclosures.” This is a list of the disclosures we made of medical
information about you. This right applies to disclosures other than
purposes of treatment, payment or health care operations as described in
this Notice of Privacy Practices. It excludes disclosures we may have
made to you, for a facility directory, to family members or friends
involved in your care, or for notification purposes. Your request must
be made in writing to our Privacy Contact and must indicate a
time-period that may not be longer than six years and may not include
dates prior to April 14, 2003. Your request should indicate in what form
you want the list (for example, on paper, electronically). The first
list you request within a 12-month period will be provided at no cost to
you. For additional lists, we may charge you for the costs of providing
the list. We will notify you of the cost involved and you may choose to
withdraw or modify your request at that time before any costs are
incurred.
Right to a Paper Copy of This
Notice - You have the right to a paper copy of this notice, even
if you have agreed to receive this notice electronically. You may ask us
to provide you with a copy of this notice at any time.
Complaints
If you believe your privacy rights have
been violated, you may file a complaint with the practice or with the
Secretary of the Department of Health and Human Services. All complaints
must be made in writing. You will not be penalized for filing a
complaint.
To file a complaint with the practice
contact our Privacy Contact.
Other Uses of Medical Information
Other uses and disclosures of medical
information not covered by this notice or the laws that apply to us will
be made only with your written permission. If you provide us permission
to use or disclose medical information about you, you may revoke that
permission, in writing, at any time. If you revoke your permission, we
will no longer use or disclose medical information about you for the
reasons covered by your written authorization. You understand that we
are unable to take back any disclosures we have already made with your
permission, and that we are required to retain our records of the care
that we provided to you.