I. WE HAVE A LEGAL DUTY
TO SAFEGUARD YOUR PROTECTED HEALTH INFORMATION (PHI)
We are legally required to protect the privacy of health information that
may reveal your identity. This information is commonly referred to as "protected
health information," or "PHI" for short. It includes information
that can be used to identify you that we have created or received about
your past, present or future health or condition, the provision of health
care to you, or the payment of this health care. We must provide you with
this notice about our privacy practices that explains how, when and why
we use and disclose your PHI.
With some exceptions, we may not use or disclose any more of your PHI
than is necessary to accomplish the purpose of the use or disclosure.
We are legally required to follow the privacy practices that are described
in this notice.
Please note, however, that special privacy protections apply to HIV/AIDS
related information, alcohol and substance abuse treatment information,
mental health information and genetic information, which are not set forth
in this notice. These protections will be described in separate notices.
To request copies of these notices, please contact the person listed in
Section V below.
We reserve the right to change the terms of this notice and our privacy
policies at any time. Any changes will apply to the PHI we already have.
Before we make an important change to our policies, we will promptly change
this notice and post a new notice. You can also request a copy of this
notice at any time from the contact person listed in Section VI below,
by calling our office, at your next visit, or you can view a copy of the
notice on our Web site at http://www.sunybroome.edu/.
II. HOW WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION
We use and disclose health information for many different reasons. For
some of these uses or disclosures, we need your prior consent or specific
authorization. Below we describe the different categories of our uses
and disclosures and give you some examples of each category.
A. Uses and Disclosures Relating to Treatment, Payment or Health Care
Operations. We may use and disclose your PHI without your consent for
the following reasons:
1. For treatment. We may disclose your PHI to physicians, nurses, medical
students, and other health care personnel who provide you with health
care services or are involved in your care. For example, if you're being
treated for a knee injury, we may disclose your PHI to the physical therapy
department in order to coordinate your care.
2. To obtain payment for treatment. We may use and disclose your PHI
in order to bill and collect payment for the treatment and services provided
to you. For example, we may provide portions of your PHI to our billing
department and your health plan to get paid for the health care services
we provided to you. We may also provide your PHI to our business associates,
such as billing companies, claims processing companies and others that
process our health care claims or provide services on our behalf.
3. For health care operations. We may disclose your PHI in order to operate
our health care delivery system. For example, we may use your PHI in order
to evaluate the quality of health care services that you received or to
evaluate the performance of the health care professionals who provided
health care services to you. We may also provide your PHI to our accountants,
attorneys, consultants and other in order to make sure we're complying
with the laws that affect us.
To the extent we are required to disclose your PHI to contractors, agents
and other business associates who need the information in order to assist
us with obtaining payment or carrying our out business operations, we
will have a written contract to ensure that our business associate also
protects the privacy of your PHI.
B. Other Uses And Disclosures That Do Not Require Your Consent. We
may use and disclose your PHI without your consent or authorization for
the following reasons:
1. When a disclosure is required by federal, state or local law, judicial
or administrative proceedings or law enforcement. For example, we make
disclosures when a law requires that we report information to government
agencies and law enforcement personnel about victims of abuse, neglect
or domestic violence; when dealing with gunshot and other wounds; or when
ordered in a judicial or administrative proceeding.
2. For public health activities. For example, we report information about
births, deaths and various diseases to governmental official in charge
of collecting that information.
3. Victims of Abuse, Neglect or Domestic Violence. We may release your
PHI 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 may
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.
4. For health oversight activities. For example, we will provide information
to assist the government when it conducts an investigation or inspection
of a health care provider or
5. organization.
6. Emergency Situations. We may use or disclose your PHI if you need emergency
treatment, but we are unable to obtain your consent. If this happens,
we will try to obtain your consent as soon as we reasonably can after
we treat you.
7. Communication Barriers. We may use or disclose your PHI if we are unable
to obtain your consent because of substantial communication barriers,
and we believe you would want us to treat you if we could communicate
with you.
8. Product Monitoring, Repair and Recall. We may disclose your 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.
9. Lawsuits and Disputes. We may disclose your PHI if we are ordered to
do so by a court or administrative tribunal that is handling a lawsuit
or other dispute.
10. Law Enforcement. We may disclose your PHI to law enforcement officials
for any of 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 any emergency or your
incapacity; (2) law enforcement officials need the 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 a patient's 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).
11. Military and Veterans. If you are in the Armed Forces, we may disclose
your PHI 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.
12. Inmates and Correctional Institutions. If you are an inmate or a law
enforcement officer detains you, we may disclose your PHI 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.
13. Coroners, Medical Examiners and Funeral Directors. In the unfortunate
event of your death, we may disclose your PHI 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.
14. For purposes of organ donation. We may notify organ procurement organizations
to assist them in organ, eye or tissue donation and transplants.
15. For research purposes. In most cases, we will ask for your written
authorization before using your PHI for research purposes. However, in
certain, limited, circumstances, we may use and disclose your PHI without
consent or authorization if we obtain approval through a special process
to ensure that such research poses little risk to your privacy. In any
case, we would never allow researchers to use or name or identity publicly.
We may also release your health information without your written authorization
to people who are preparing for a future research project, so long as
no personally identifiable information leave our facility.
16. To avoid harm. In order to avoid a serious threat to the health or
safety of a person or the public, we may provide PHI to law enforcement
personnel or persons able to prevent or lessen such harm.
17. For specific government functions. We may disclose PHI of military
personnel and veterans in certain situations. And we may disclose PHI
for national security purposes, such as protecting the president of the
United States or conducting intelligence operations.
18. For workers' compensation purposes. We may provide PHI in order to
comply with workers' compensation laws.
19. Appointment reminders and health-related benefits or services. We
may use PHI to provide appointment reminders or give you information about
treatment alternatives or other health care services or benefits we offer
and/or provide.
20. Deidentified Information. We may also disclosure your PHI if it has
been deidentified or unable for anyone to connect back to you. This might
occur if your are participating in a research project.
21. Incidental Disclosures. While we will take reasonable steps to safeguard
the privacy of your PHI, certain disclosures of your PHI 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 PHI.
C. Uses and Disclosures Require You to Have the Opportunity to
Object.
1. Disclosures to family, friends or others. We may provide your PHI to
a family member, friend or other person that you indicate is involved
in your care or the payment for your health care, unless you object in
whole or part. The opportunity to consent may be obtained retroactively
in emergency situations.
D. All Other Uses and Disclosures Require Your Prior Written Authorization.
In any other situation not described in section IIIA, B and C above, we
will ask for your written authorization before using or disclosing any
of your PHI. If you choose to sign an authorization to disclose your PHI,
you can later revoke that authorization in writing to stop any future
uses and disclosures (to the extent that we have not taken any actions
relying on the authorization).
III.WHAT RIGHTS YOU HAVE REGARDING YOUR PHI
You have the following rights with respect to your PHI:
A. The Right to Request Limits on Uses and Disclosures of Your PHI. You
have the right to ask that we limit how we use and disclose your PHI.
We will consider your request, but are not legally required to accept
it. If we accept your request, we will put any limits in writing and abide
by them except in emergency situations. You may not limit the uses and
disclosures that we are legally required or allowed to make.
B. The Right to Choose How We Send PHI to You. You have the right to ask
that we send information to you to an alternate address or by alternate
means. We must agree to your request so long as we can easily provide
it to the location and in the format you request.
C. The Right to See and Get Copies of Your PHI. In most cases, you have
the right to look at or get copies of your PHI that we have, but you must
make the request in writing. If we don't have your PHI but we know who
does, we will tell you how to get it. We will respond to you within 30
days after receiving your written request. In certain situations, we may
deny your request. If we do, we will tell you, in writing, our reasons
for the denial and explain your right to have the denial reviewed.
If you request copies of your PHI, we will charge you a fee for each page.
Instead of providing the PHI you requested, we may provide you with a
summary or explanation of the PHI as long as you agree to that and to
the associated cost in advance.
D. The Right to Get a List of the Disclosures We Have Made. You have the
right to get a list of instances in which we have disclosed your PHI.
The list will not include uses or disclosures that you have already been
informed of, such as those made for treatment, payment or health care
operations, directly to you, to your family, or in our facility directory.
The list also won't include uses and disclosures made for national security
purposes, to corrections or law enforcement personnel or before April
14, 2003.
Your request must state a time period for the disclosures you want us
to include. We will respond within 60 days of receiving your request.
The list we will give you will include disclosures made in the last six
years (with the oldest date being April 14, 2003) unless you request a
shorter time. The list will include the date of the disclosure, to whom
PHI was disclosed (including their address, if known), a description of
the information disclosed and the reason for the disclosure. We will provide
the list to you at no charge, but if you make more than one request in
the same calendar year, we will charge you for each additional request.
E. The Right to Correct or Update Your PHI. If you believe that there
is a mistake in your PHI or that a piece of important information is missing,
you have the right to request that we correct the existing information
or add the missing information. You must provide the request and your
reason for the request in writing. We will respond within 60 days of receiving
your request. We may deny your request in writing if the PHI is (I) correct
and complete, (ii) not created by us, (iii) not allowed to be disclosed,
or (iv) not part of our records. Our written denial will state the reasons
for the denial and explain your right to file a written statement of disagreement
with the denial. If you don't file one, you have the right to request
that your request and our denial be attached to all future disclosures
of you PHI. If we approve your request, we will make the change to your
PHI, tell you that we have done it and tell others that need to know about
the change to your PHI.
F. Notice to be posted on the Student Health Services website-E-Mail.
You have the right to get a copy of this notice by e-mail. Even if you
have agreed to receive notice via e-mail, you also have the right to request
a paper copy of this notice.
To invoke any of these rights, please contact the SHS at:
HTTP://WWW.SUNYBROOME.EDU OR CONTACT THE OFFICE OF SHS
BY CALLING 607-778-5181.
IV. HOW TO COMPLAIN ABOUT OUR PRIVACY PRACTICES.
If you think we may have violate your privacy rights, or you disagree
with a decision we made about access to your PHI, you may file a complaint
with the person listed in Section VI below. You also may send a written
complaint to the Secretary of the Department of Health and Human Services
at:
US Department of HHS Government Center
John F. Kennedy Federal Building- Room 1875
Boston, Massachusetts 02203
Telephone number: 617-565-1340
Fax number: 617-565-3809
TDD: 617-565-1343
We will take no retaliatory action against you if you file a complaint
about our privacy practices.
V. PERSON TO CONTACT FOR INFORMATION ABOUT THIS NOTICE OR TO COMPLAIN
ABOUT OUR PRIVACY PRACTICES
If you have any questions about this notice or any complaints about our
privacy practices, or would like to know how to file a complaint with
the Secretary of the Department of Health and Human Services, please contact
us via e-mail at PRIVACY@SYSADM.SUNY.EDU or by writing:
University Privacy Officer
State University Plaza N-506
Albany, New York 12243
VI. EFFECTIVE DATE OF THIS NOTICE
This notice is effective as of April 14, 2003 - Contact Student Health
Services Office by phone at: (607)778-5181, Monday - Friday, 8:30 am to
4:30 pm, or email SHS
(NOTE: email is not considered a secure medium. The confidentiality
of protected health information cannot be guaranteed.)
Version 1.0
April 14, 2003
BELOW IS AN EXAMPLE OF THE RECEIPT OF NOTICE OF PRIVACY PRACTICES
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF PRIVACY PRACTICES
By signing below, I acknowledge that I have been provided a copy of this
Notice of Privacy Practices and have therefore been advised of how certain
health information about me may be used and disclosed by health care facilities
and operations of the State University of New York, and how I may obtain
access to and control this information. I also acknowledge and understand
that I may request copies of separate notices explaining special privacy
protections that apply to HIV-related information, alcohol and substance
abuse treatment information, mental health information and genetic information.
___________________________________________
Signature of Student/Staff or Personal Representative
____________________________________________
Print Name of Student/Staff Patient or Personal Representative
____________________________________________
Date
____________________________________________
Description of Personal Representative's Authority
Current Photo ID required with request
____________________________________________
Notice of Privacy Practices Version Number
____________________________________________
Notice of Privacy Practices Date
Version 1.0
April 14, 2003
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