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THIS
NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU AS A PATIENT,
UTILIZING THE SERVICES OF THIS PRACTICE, MAY BE USED AND
DISCLOSED, AND HOW YOU CAN GET ACCESS TO YOUR INDIVIDUALLY
IDENTIFIABLE HEALTH INFORMATION. PLEASE REVIEW THIS NOTICE
CAREFULLY.
A. OUR COMMITMENT TO YOUR PRIVACY - - SJH CARDIOLOGY is
dedicated to maintaining the privacy of your protected
health information (PHI). In conducting our business, we
will create records regarding you and the services we
provide to you. We are required by law to maintain the
confidentiality of health information that identifies you.
We also are required by law to provide you with this notice
of our legal duties and the privacy practices that we
maintain in our practice concerning your PHI. By federal and
state law, we must follow the terms of the notice of privacy
practices that we have in effect at the time of your care.
We realize that these laws are complicated, but we must
provide you with the following important information:
How we may use and disclose your PHI Your privacy rights regarding your PHI Our obligations concerning the use and disclosure of your
PHI
The terms of this notice apply to all records containing
your PHI that are created or retained by SJH CARDIOLOGY
(referred to as the "Practice"). We reserve the right to
revise or amend this Notice of Privacy Practices. Any
revision or amendment to this notice will be effective for
all of your records that our practice has created or
maintained in the past, and for any of your records that we
may create or maintain in the future. Our practice will post
a copy of our current Notice in our offices in a visible
location at all times, and you may request a copy of our
most current Notice at any time.
B. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT
OUR PRIVACY OFFICER AT:
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4820 West
Taft Road
Suite 209
Liverpool, New York 13088
Phone: (315) 448-6215 |
C. WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION
(PHI) IN THE FOLLOWING WAYS
1. Treatment. The Practice may use your PHI to treat you.
For example, your doctor may ask you to have laboratory
tests (such as blood or urine tests) to clear you for
surgery. We will receive the results of the tests and notify
your surgeon and the hospital of the results. Many of the
people who work for SJH CARDIOLOGY- including, but not
limited to, our nurses, clerical staff and technicians - may
use or disclose your PHI in order to assist others in your
treatment. Additionally, we may disclose your PHI to others
who may participate in your care, such as medical
specialists you may be referred to for treatment or
pharmacists who provide your medications.
2. Payment. SJH CARDIOLOGY may use and disclose your PHI in
order to bill and collect payment for the services and items
you may receive from us. For example, we may contact your
health insurer to certify that you are eligible for benefits
(and for what range of benefits), and we may provide your
insurer with details regarding the diagnostic testing that
has been ordered for you to determine if your insurer will
cover, or pay for, your testing. We also may use and
disclose your PHI to obtain payment from third parties that
may be responsible for such costs. We may use your PHI to
bill you directly for services.
3. Health Care Operations. SJH CARDIOLOGY may use and
disclose your PHI to operate our business. As examples of
the ways in which we may use and disclose your PHI for our
operations, our practice may use your PHI to evaluate the
quality of care you received from us, or to conduct
cost-management and business planning activities for our
practice.
4. Appointment Reminders: The Practice may from time to time
use and disclose your PHI to contact you and confirm a
scheduled appointment. The reminder may also be in the form
of a business card, postcard or letter. The Practice will
try to minimize the amount of information contained in the
reminder. The Practice may contact you by phone, and if you
are not available, the Practice will leave a message for
you.
5. Release of Information to Family/Friends. Our practice
may release your PHI to a friend or family member,
identified by you, who is involved in your care, or who
assists in taking care of you. For example, a friend may
drive you to and home from our laboratory draw station. If
you need to return for additional blood draws, we may have
to tell your friend or family member. Therefore, some of
your PHI may be shared. The Practice may also disclose your
PHI to notify or assist in the notification (including
identifying or locating) of a family member, a personal
representative, or another person responsible for your care,
of your location, general condition or death. However, in
both cases the following conditions will apply: (a) The Practice may use or disclose your PHI if you agree,
or if the Practice provides you with opportunity to object
and you do not object, or if the Practice can reasonably
infer from the circumstances, based on the exercise of its
judgment , that you do not object to the use or disclosure. (b) If you are not present, the Practice will, in the
exercise of its judgment, determine whether the use or
disclosure is in your best interests, and if so, disclose
only the PHI that is directly relevant to the person's
involvement with your care.
6. Disclosures Required By Law. The Practice will use and
disclose your PHI when we are required to do so by federal,
state or local authorities.
SIGN -IN SHEET - The Practice may use a sign-in sheet at the
registration desk. The Practice will also call your name in
the waiting room when the physician is ready to see you.
TREATMENT ALTERNATIVE/BENEFITS - The Practice may, from time
to time, contact you about treatment alternatives, or other
health benefits or services that may be of interest to you.
MARKETING - SJH CARDIOLOGY, if applicable, may only use
and/or disclose your PHI for marketing activities if we
obtain from you a prior written Authorization. "Marketing"
activities include communications to you that encourage you
to purchase or use a product or service, and the
communication is not made for your care or treatment.
However, marketing does not include, for example, sending
you a newsletter about this Practice. Marketing also
includes the receipt by the practice of remuneration,
directly or indirectly, from a third party whose product or
service is being marketed to you. The Practice will inform
you if it engages in marketing and will obtain your prior
authorization.
FUNDRAISING - The Practice, if applicable, may use and/or
disclose some of your PHI I order to contact you for
fundraising activities supportive of the Practice. Any
fundraising materials sent to you will describe how you may
opt out of receiving further information.
ON-CALL COVERAGE - In order to provide on-call coverage for
you, it is necessary that the Practice establish
relationships with other physicians and medical answering
service vendors who will take your call if a physician is
not available. Those on-call physicians and answering
service vendors will provide the Practice with whatever PHI
they create and will, by law, keep your PHI confidential.
D. USE AND DISCLOSURE OF YOUR PHI IN CERTAIN SPECIAL
CIRCUMSTANCES
SJH CARDIOLOGY may use and/or disclose your PHI without a
written authorization from you. The following categories describe unique scenarios in which
we may do so:
1. Public Health Risks. SJH CARDIOLOGY may disclose your PHI
to public health authorities that are authorized by law to
collect information for the purpose of:
- Maintenance of vital records, such as births and deaths
- Mandatory reporting, such as child abuse or neglect
- Preventing or controlling disease, injury or disability
- Notification of a person regarding potential exposure to a
communicable disease
- Notification of a person regarding a potential risk for
spreading or contracting a disease or condition
- Notification of your employer under limited circumstances
related primarily to workplace injury or illness or medical
surveillance.
2. Health Oversight Activities. SJH CARDIOLOGY may disclose
your PHI to a health oversight agency for activities
authorized by law. Oversight activities can include, for
example, investigations, inspections, audits, surveys,
licensure and disciplinary actions; civil, administrative,
and criminal procedures or actions; or other activities
necessary for the government to monitor government programs,
compliance with civil rights laws and the health care system
in general.
3. Lawsuits and Similar Proceedings. SJH CARDIOLOGY may use
and disclose your PHI in response to a court or
administrative order, if you are involved in a lawsuit or
similar proceeding. We also may disclose your PHI in
response to a discovery request, subpoena, or other lawful
process by another party involved in the dispute.
4. Law Enforcement. We may release PHI if asked to do so by
a law enforcement official: " Regarding a crime victim in certain situations, if we are
unable to obtain the person's agreement " Concerning a death we believe has resulted from criminal
conduct " Regarding criminal conduct at our offices " In response to a warrant, summons, court order, subpoena
or similar legal process " To identify/locate a suspect, material witness, fugitive
or missing person " In an emergency, to report a crime (including the location
or victim(s) of the crime, or the description, identity or
location of the perpetrator)
5. Deceased Patients. SJH CARDIOLOGY may release PHI to a
medical examiner or coroner to identify a deceased
individual or to identify the cause of death. If necessary,
we also may release information in order for funeral
directors to perform their jobs.
6. Research. SJH CARDIOLOGY may use and disclose your PHI
for research purposes in certain limited circumstances. We
will obtain your written authorization to use your PHI for
research purposes except when: (a) our use or disclosure was
approved by an Institutional Review Board or a Privacy
Board; (b) we obtain the oral or written agreement of a
researcher that (i) the information being sought is
necessary for the research study; (ii) the use or disclosure
of your PHI is being used only for the research and (iii)
the researcher will not remove any of your PHI from our
practice;
7. Serious Threats to Health or Safety. SJH CARDIOLOGY may
use and disclose your PHI when necessary to reduce or
prevent a serious threat to your health and safety or the
health and safety of another individual or the public. Under
these circumstances, we will make disclosures to a person or
organization able to help prevent the threat.
8. National Security. SJH CARDIOLOGY may disclose your PHI
to federal officials for intelligence and national security
activities authorized by law. We also may disclose your PHI
to federal officials in order to protect the President,
other officials or foreign heads of state, or to conduct
investigations.
9. Inmates. SJH CARDIOLOGY may disclose your PHI to
correctional institutions or law enforcement officials if
you are an inmate or under the custody of a law enforcement
official. Disclosure for these purposes would be necessary:
(a) for the institution to provide health care services to
you, (b) for the safety and security of the institution,
and/or (c) to protect your health and safety or the health
and safety of other individuals.
10. Workers' Compensation. SJH CARDIOLOGY may release your
PHI for workers' compensation and similar programs.
11. De-identified Information. The Practice may release your
PHI if it is altered such that it does not identify you and,
even without your name, cannot be used to identify you.
12. Business Associate. SJH Cardiology may disclose to a
business associate, which is someone who the Practice
contracts with to provide a service necessary for your
treatment, payment for your treatment and healthcare
operations (e.g. billing service or transcription service).
The Practice will obtain satisfactory written assurance, in
accordance with the applicable law, that the business
associate will appropriately safeguard you PHI.
13. Personal Representative. The Practice may disclose to a
person, who under applicable law, has the authority to
represent you in making decisions related to your
healthcare. E. YOUR RIGHTS REGARDING YOUR PHI You have the following rights regarding the PHI that we
maintain about you:
1. Confidential Communications. You have the right to
request that our practice communicate with you about your
health and related issues in a particular manner or at a
certain location. For instance, you may ask that we contact
you at home, rather than work. In order to request a type of
confidential communication, you must make a written request
to our Privacy Officer, at the address on this notice,
specifying the requested method of contact, or the location
where you wish to be contacted. Our practice will
accommodate reasonable requests. You do not need to give a
reason for your request.
2. Requesting Restrictions. You have the right to request a
restriction in our use or disclosure of your PHI for
treatment, payment or health care operations. Additionally,
you have the right to request that we restrict our
disclosure of your PHI to only certain individuals involved
in your care or the payment for your care, such as family
members and friends. We are not required to agree to your
request; however, if we do agree, we are bound by our
agreement except when otherwise required by law, in
emergencies, or when the information is necessary to treat
you. In order to request a restriction in our use or
disclosure of your PHI, you must make your request in
writing to our Privacy Officer, at the address on this
notice. Your request must describe in a clear and concise
fashion: " The information you wish restricted; " Whether you are requesting to limit our practice's use,
disclosure or both; and " To whom you want the limits to apply.
3. Inspection and Copies. You have the right to inspect and
obtain a copy of the PHI that may be used to make decisions
about you, including patient medical records and billing
records. You must submit your request in writing to our
Privacy Officer, at the address on this notice, in order to
inspect and/or obtain a copy of your PHI. SJH CARDIOLOGY may
deny your request to inspect and/or copy in certain limited
circumstances; however, you may request a review of our
denial. SJH Cardiology may also charge you a fee for the
cost of copying, mailing, or other supplies associated with
your request.
4. Amendment. You may ask us to amend your health
information if you believe it is incorrect or incomplete,
and you may request an amendment for as long as SJH
CARDIOLOGY maintains the information. To request an
amendment, your request must be made in writing and
submitted to our Privacy Officer, at the address on this
notice. You must provide us with a reason that supports your
request for amendment. SJH CARDIOLOGY will deny your request
if you fail to submit your request (and the reason
supporting your request) in writing. Also, we may deny your
request if you ask us to amend information that is in our
opinion: (a) accurate and complete; (b) not part of the PHI
kept by or for the practice; (c) not part of the PHI which
you would be permitted to inspect and copy; or (d) not
created by our practice, unless the individual or entity
that created the PHI is not available to amend the
information.
5. Accounting of Disclosures. All patients utilizing our
services have the right to request an "accounting of
disclosures." An "accounting of disclosures" is a list of
non-routine disclosures our practice has made of your PHI
for non-treatment or operations purposes. Use of your PHI as
part of the routine care in our practice is not required to
be documented for "accounting of disclosures". For example,
the laboratory sharing PHI with the doctor; or the billing
department using your PHI to file your claim. To obtain an
accounting of disclosures, you must submit your request in
writing to our Privacy Officer, at the address on this
notice. Requests for an "accounting of disclosures" must
state a time period no longer than six (6) years from the
date of disclosure and may not include dates before April
14, 2003. The request should indicate in what form you want
the list (such as paper or electronic copy). The first list
you request within a twelve (12) month period will be free,
but SJH CARDIOLOGY may charge you for the cost of providing
additional lists in the same twelve (12) month period. The
Practice will notify you of the costs involved and you can
decide to withdraw or modify your request before any costs
are incurred.
6. Right to a Paper Copy of This Notice. You are entitled to
receive a paper copy of our notice of privacy practices. To
obtain a paper copy of this notice, contact our Privacy
Officer, at the address on this notice.
7. Right to File a Complaint. If you believe your privacy
rights have been violated, you may file a complaint with SJH
CARDIOLOGY or with the Secretary of the Department of Health
and Human Services, Office of Civil Rights at Hubert H.
Humphrey Building, 200 Independence Avenue, SW, Room 509F,
Washington, D.C. 20201. You may also contact them at
www.hhs.gov/ocr/regmail.html. To file a complaint with our
practice, contact our Privacy Officer, at the address on
this notice. All complaints must be submitted in writing.
You will not be penalized for filing a complaint.
8. Right to Provide an Authorization for Other Uses and
Disclosures. SJH CARDIOLOGY will obtain your written
authorization for uses and disclosures that are not
identified by this notice or permitted by applicable law.
Any authorization you provide to us regarding the use and
disclosure of your PHI may be revoked at any time in
writing. After you revoke your authorization, we will no
longer use or disclose your PHI for the reasons described in
the authorization.
Again, if you have any questions regarding this notice or
our health information privacy policies, please contact the
Privacy Officer at SJH CARDIOLOGY ASSOCIATES at the address
mentioned above.
EFFECTIVE DATE: THIS NOTICE IS IN EFFECT AS OF APRIL 14,
2003.
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