NOTICE OF PRIVACY PRACTICES
Effective Date: April 14, 2003
For those served by Onondaga Community Living
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT THE PEOPLE WE SUPPORT
MAY BE USED AND DISCLOSED, AND HOW THE PEOPLE WE SUPPORT, THEIR GUARDIANS
AND/OR THEIR PERSONAL REPRESENTATIVES, CAN GET ACCESS TO THIS INFORMATION.
GUARDIANS AND PERSONAL REPRESENTATIVES SHOULD BE AWARE THAT THE WORD
"YOU" IN THIS NOTICE REFERS TO THE PERSON WE SUPPORT, NOT
TO THE GUARDIAN. PLEASE REVIEW IT CAREFULLY.
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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 agency,
its staff, and affiliated health care providers that jointly provide treatment,
and perform payment activities and business operations, with our agency.
A copy of our current notice will always be posted in our reception area.
You will also be able to obtain a copy by accessing our website at www.oclinc.org,
calling our office at (315) 434-9597, 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 Privacy Officer of Onondaga Community
Living, 518 James Street, Suite 110, Syracuse, New York 13203 at (315)
434-9597.
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 agency. You may also initiate the transfer of your
records to another person by completing an Authorization form. If you
provide us with written Authorization, you may revoke that Authorization
at any time, except to the extent that we have already relied upon it.
To revoke an Authorization, please write to the Privacy Officer at Onondaga
Community Living, 518 James St., Suite 110, Syracuse, NY, 13203.
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:
We will request your general consent to use and disclose your health information
to treat your condition, collect payment for that treatment, or run our
agency's normal business operations. This includes when we are communicating
with other MR/DD agencies which are currently providing services to you,
or working with us to plan for services for you, if this communication
is about treatment, payment, or agency operations.
- Exception For Facility Directory And Disclosure To Friends And Family
Involved In Your Care. We will ask you whether you have any objection
to including information about you in our Facility Directory, or sharing
information about your health with your friends and family involved
in your care. For more information, see pages 6 of this Notice.
- Exception In Emergencies Or Public Need. We may use or disclose your
health information in an emergency or for 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. For more examples,
see pages 6 through 9 of this Notice.
- Exception If Information Does Not Identify You. We may use or disclose
your health information if we have removed any information that might
reveal who you are.
How To Access Your Health Information.
You generally have the right to inspect and copy your health information.
For more information, please see page 9 of this Notice.
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. For more information, please
see page 10 of this Notice.
How To Keep Track Of The Ways Your Health Information Has Been Shared
With Others.
You have the right to receive a list from us, called an "Accounting
List," which provides information about when and how we have disclosed
your health information to outside persons or organizations. Many routine
disclosures we make will not be included on this accounting list, but
the accounting list will identify non-routine disclosures of your information.
For more information, please see page 10 of this Notice.
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. For more information, please see page 11 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 work instead of at home. 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 HIV, Alcohol and Substance
Abuse, Mental Hygiene 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 Privacy Officer at Onondaga
Community Living, 518 James St., Suite 110, Syracuse, NY 13203, at (315)
434-9597.
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 the Privacy Officer
of Onondaga Community Living at (315) 434-9597. You may also obtain a
copy of this Notice from our website at www.oclinc.org, 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, and we
will be required by law to abide by its terms. We will post any revised
Notice in our agency reception area. You will also be able to obtain your
own copy of the revised notice by accessing our website at www.oclinc.org,
calling our office at (315) 434-9597, 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.
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 the Privacy
Officer at Onondaga Community Living, 518 James St., Suite 110, Syracuse,
NY 13203, at (315) 434-9597. No one will retaliate or take action against
you for filing a complaint.
CONFIDENTIALITY OF PSYCHOTHERAPY NOTES
Psychotherapy notes are notes that our mental health counseling staff
might make about your private counseling sessions, or your group, joint,
or family counseling sessions, that are maintained separate from the rest
of your clinical records. These notes can only be used and disclosed as
described below.
With your general written consent, psychotherapy notes about you may be
used and disclosed in the following situations:
- The mental hygiene professional who created the notes may use them
to provide you with further treatment;
- The mental hygiene professional who created the notes may disclose
them to students, trainees, or practitioners in mental hygiene who are
learning under supervision to practice or improve their skills in group,
joint, family, or individual counseling;
- The mental hygiene professional who created the notes may disclose
them as necessary to defend his or herself, or the agency, in a legal
proceeding initiated by you or your personal representative;
Without your general written consent, psychotherapy notes may be used
and disclosed only in the following situations:
- The mental hygiene professional who created the notes may disclose
them as required by law;
- The mental hygiene professional who created the notes may disclose
the notes to appropriate government authorities when necessary to avert
a serious and imminent threat to the health or safety of you or another
person;
- The mental hygiene 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 hygiene
professional's compliance, or the agency's compliance, with Federal
privacy and confidentiality laws and regulations; and
- The mental hygiene professional who created the notes may disclose
them to medical examiners and coroners if necessary to determine your
cause of death.
Your special written authorization is required for all other uses and
disclosures of psychotherapy notes.
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:
- the fact that you are a participant at, or receiving treatment or
health-related services from, our agency;
- 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 a medication or treatment); or
- information about your health care benefits under an insurance plan
(such as whether a prescription is covered);
when combined with:
- geographic information (such as where you live or work);
- demographic information (such as your race, gender, ethnicity or marital
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
WITHOUT YOUR WRITTEN AUTHORIZATION
1. Treatment, Payment And Agency Business Operations
With your consent, our agency and staff may use your health information
or share it with others in order to treat your condition, obtain payment
for that treatment, and run the agency's normal business operations. Your
health information may also be shared with affiliated agencies so that
they may jointly perform certain payment activities and business operations
along with our agency. Your health information also may be disclosed to
another health care provider for its treatment and payment activities,
and for certain limited business operations by it. Below are further examples
of how your information may be used and disclosed by our agency.
Treatment (45 C.F.R. §§164.506(1) & (2)). We may share your
health information with doctors, nurses, therapists, aides and other health
care professionals at our agency who are involved in providing services
to you, and they may in turn use that information to diagnose or treat
you, or to develop a plan of services for, you. A health care professional
at our agency may share your health information with another health care
professional inside our agency. With your consent, we may share your health
information with a health care professional at another agency to determine
how to diagnose or treat you, or with another agency or provider to whom
you have been referred for further health care. Finally, with your consent
we may share your health information with others outside the agency as
necessary to carry out your treatment plan; for example, we may disclose
certain information about your health to a prospective employer in connection
with a job placement or training program.
Payment With your consent, we may use your health information or share
it with others so that we 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 provided services
to you. In some cases, we may share information about you with your health
insurance company to determine whether it will cover your services. We
might also need to inform your health insurance company about your health
condition in order to obtain pre-approval for your services, such as care
provided at a residential treatment facility. Finally, we may share your
health information with other 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 normal 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. With your consent, we may also share your health
information with another company that performs business services for us,
such as billing companies. If so, we will have a written contract to ensure
that this company also protects the privacy of your health information.
Finally, we may share your health information with other providers and
payors for certain of their business operations if that other party also
has or had a treatment or payment relationship with you, and in that event
we will only share information that pertains to that relationship.
Appointment Reminders, Treatment Alternatives, Benefits And Services We
may use your health information when we 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 (We may use demographic information about you, including information
about your age and gender, and 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. If you do not want
to be contacted for these fundraising efforts, please write to the Privacy
Officer at Onondaga Community Living at (315) 434-9597.
2. Facility Directory / Friends And Family
We may use your health information in, and disclose it from, our Facility
Directory, or share it with friends and family involved in your care,
without your written Authorization or other written permission. 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.
Agency Directory Unless you 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 Agency Directory while you
are a consumer at our facility. 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 does not ask for you by name.
Friends And Family 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 our facility, 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.
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 consumers in the treatment
area may see, or overhear discussion of, your health information.
3. Public Need
We may use your health information, and share it with others, in order
to meet important public needs. We will not be required to obtain your
written authorization, consent or any other type of permission before
using or disclosing your information for these reasons.
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 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 required by the Food and Drug Administration
to: (1) report or track product defects or problems; (2) repair, replace,
or recall defective or dangerous products; or (3) monitor 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;
- 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 consent 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;
- 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 Threat To Health Or Safety.
We may use your health information or share it with others when necessary
to prevent a serious 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 Authorization if we obtain approval through
a special process to ensure that research without your 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 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.
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.
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. This includes
medical and billing records. To inspect or obtain a copy of your health
information, please submit your request in writing to the Privacy Officer
at Onondaga Community Living, 518 James St., Suite 110, Syracuse, NY 13203.
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 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.
2. Right To Request Amendment of 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
at Onondaga Community Living, 518 James St., Suite 110, Syracuse, NY 13203.
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.
3. Right To An Accounting Of Disclosures
After April 14, 2003, you have a right to request an "accounting
of disclosures" which is a list that contains certain information
about how we have shared your information with others. An accounting list,
however, will not include any information about:
- Disclosures we made to you;
- Disclosures we made pursuant to your authorization;
- Disclosures we made for treatment, payment or health care operations;
- Disclosures made in the facility directory;
- Disclosures made to your friends and family involved in your care
or payment for your care;
- Disclosures made to federal officials for national security and intelligence
activities;
- Disclosures that were incidental to permissible uses and disclosures
of your health information;
- Disclosures for purposes of research, public health or our normal
business operations of limited portions of your health information that
do not directly identify you;
- Disclosures about inmates to correctional institutions or law enforcement
officers; or
- Disclosures made before April 14, 2003.
To request this accounting list, please write to the Privacy Officer at
Onondaga Community Living, 518 James St., Suite 110, Syracuse, NY 13203.
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
list within every 12 month period for free. However, we may charge you
for the cost of providing any additional accounting list 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 list within
60 days. If we need additional time to prepare the accounting list 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 list.
In rare cases, we may have to delay providing you with the accounting
list 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 agency's normal 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 at Onondaga Community Living, 518
James St., Suite 110, Syracuse, NY, 13203. 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.
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 communicated
with you by alternative means or at alternative locations. For example,
you may ask that we contact you by fax instead of by mail, or at work
instead of at home. To request more confidential communications, please
write to the Privacy Officer at Onondaga Community Living, 518 James St.,
Suite 110, Syracuse, NY, 13203. 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.
SIGNATURE
By signing below, I acknowledge that I have been provided a copy of the
Onondaga Community Living Notice of Privacy Practices and have therefore
been advised of how medical information about me may be used and disclosed
by Onondaga Community Living and how I may obtain access to this information.
_____________________________________________________________________
Signature of Person Supported or Personal Representative Date
Print Name of person Supportedor Personal Representative
Description of Personal Representative's Authority
Witness: Onondaga Community Living Staff Member
_________________________________________________Date________________
CC: Original Signature - Privacy Officer
Copy - Person Supported/Personal Rep
Copy - Designated File
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