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Scott
J. Ratner, M.D., P.C.
Notice of Privacy Practices
This
notice describes how medical information about you may
be used and disclosed and how you can get access to
this information. Please review carefully.
If you have any questions about this notice please contact
our Privacy Officer, Connie Papandrew.
This
notice of Privacy Practices describes how we may use
and disclose your protected health information to carry
out treatment, payment or health care operations and
for purposes that are permitted or required by law.
It also describes your rights to access and control
your protected health information. Protected health
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. We are
required to abide by the terms of this Notice of Privacy
Practices. We may change the terms of our 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 a revised copy
in the mail or by asking for one at the time of your
next appointment.
1.
Uses and Disclosures of Protected Health Information
Without Your Written Authorization.
Treatment:
We will use and disclose your protected health information
to provide or manage your health care and related services.
This includes the coordination or management of our
health care with a third party that has already obtained
your permission to have access to your protected health
care information. We will also disclose protected health
information to other physicians that may be treating
you. For example, your protected health information
may be provided to a physician whom you have been referred
to, to ensure that the physician has the necessary information
to diagnose or to treat you. In addition, we may disclose
your protected health information to another physician
or health care provider (e.g., specialist or laboratory)
who, at the request of your physician, becomes involved
in your care by providing assistance with your health
care diagnosis or treatment.
Payment:
Your protected health information may be used to obtain
payment for your health care services. This includes
certain activities that your health insurance plan may
undertake before it approves or pays for health care
services we recommend, such as making a determination
of eligibility or coverage for insurance for Insurance
benefits; reviewing services provided to you for medical
necessary, and undertaking utilization reviewing activities.
For example, obtaining approval for a hospital stay
may require that your relevant protected health information
be disclosed to the health plan to obtain approval for
the hospital admission.
Healthcare
Operations: We may use or disclose your protected
health information in order to support the business
activities of your physician's practice. These activities
include, but are not limited to quality assessment activities,
employee review activities, training of medical student.
For
example, we may disclose your protected health information
to medical school students that see patients at our
office. We may also call you by name in the waiting
room when your physician is ready to see you. We may
use or disclose your protected health information, as
necessary to contact you to remind you of your appointment.
We
shall share your protected health information with third
party business associates for purposes of billing, transcription
services, etc. Whenever an arrangement between our office
and a business associate involves the use or, disclosure
or your protected health information, a written contract
that contains terms that will protect the privacy of
your protected health information will be constructed.
2. Other permitted and required use disclosures that
may be made unless you object to such uses or disclosures.
You
have the opportunity to agree or object to the use or
disclosure of all or part of your protected health information.
If you are not present or able to agree or object to
the use or disclosure of the protected health information,
then your physician will use professional judgment to
determine if the disclosure is in your best interest.
In this case, only the protected health information
that is relevant to your health care will be disclosed.
Others
involved in your health care: Unless you object,
we may disclose to a member of your family, a relative,
a close friend or any person you identify, your protected
health information that directly relates to that person's
involvement in your health care. If you are unable to
agree or object to such a disclosure, we may disclose
such information as necessary. If we determine that
it is in your best interest based on our professional
judgement, we may use or disclose protected health information
to notify or assist In notifying a family member, personal
representative or any other person that is responsible
for your care of your location, general condition or
death. Finally, we may use or disclose your protected
health information to an authorized public or private
entity to assist in disaster relief efforts and to coordinate
care with family or other individuals involved in your
health care.
Emergencies:
We may use or disclose your protected health information
in an emergency treatment situation. If this happens,
your physician shall try to obtain your consent as soon
as possible after the delivery of treatment. If your
physician or another physician in the practice is required
by law to treat you and the physician has attempted
to obtain your consent, he or she may still use or disclose
your protected health information to treat you in an
emergency situation.
Communication
Barriers: We may use and disclose your protected
health information if your physician or another physician
in the practice attempts to obtain consent from you,
but is unable to, due to substantial communication barriers.
3. Other permitted and required use disclosures that
may be made without your authorization to comply with
legal mandates.
We
may use or disclose your protected health information
if required by law. The use or disclosure will be made
in compliance with the law and will be limited to the
relevant requirements of the law. You will be notified
of any such uses or disclosures.
Public
Health: We may disclose your protected health information
for public health activities and public health authorities
that are permitted by law to collect or receive the
information. The disclosure will be made for the purpose
of controlling disease, injury or disability. We may
also disclose your protected health information, if
directed by the public health authority, to a foreign
government agency.
Communicable
Diseases: We may disclose your protected health
information, if authorized by law, to a person who may
have been exposed to a communicable disease or may otherwise
be at risk of contracting or spreading the disease or
condition.
Health oversight: We may disclose protected health information
to a health oversight agency for activities authorized
by law; audits, investigations, and inspections. Oversight
agencies seeking this information include government
agencies that oversee the health care system, government
benefit programs, government regulatory programs and
civil right enforcement agencies.
Abuse or Neglect: We are required by law to report
suspicions of elder abuse, domestic violence, child
abuse or neglect to a governmental entity or agency
authorized to receive such information. In each case,
the disclosure will be made consistent with the requirements
of applicable federal and state laws.
Food
and Drug Administration: We may disclose your protected
health information to the Food and Drug Administration
to report adverse reactions, product defects, biologic
product deviation, track products to enable product
recalls, to make repairs or replacements, or to conduct
post marketing surveillance.
Legal
Proceedings: We may disclose protected health information
for the purpose of any judicial or administrative proceeding,
in response to a court order (to the extent such disclosure
is expressly authorized), in response to a subpoena,
discover request or other lawful process.
Law
Enforcement: We may disclose protected health information
as long as applicable legal requirements are met, for
law enforcement purposes. These law enforcement purposes
included (1) legal processes required by law, (2) Information
requests for identification and location purposes, (3)
pertaining to victims of a crime, (4) suspicions 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.
Coroners,
Funeral Directors, and Organ Donations: We disclose
protected health information to a coroner or medical
examiner for identification purposes, determining the
cause of death, or for the coroner or medical examiner
to perform other duties authorized by law. All permit
the funeral director to carry out their duties. We may
disclose such information in reasonable anticipation
of death. Protected health information may be used and
disclosed for cadaveric organ, eye or tissue donation
purposes.
Criminal
Activity: Consistent with applicable federal and
state laws, we may disclose your protected health information
if we believe it 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 protected
health information if it is necessary for law enforcement
authorities to identify or apprehend an individual.
Military
Activity: We may use or disclose protected health
information of individuals who are part of the Armed
Forces for the activities deemed necessary by appropriate
military command authorities, for the purpose of a determination
by the Department of Veterans Affairs of your eligibility
for benefits, or to disclose your protected health information
to authorized federal officials conducting national
security and intelligence activities, including provision
of protective services to the president or others legally
authorized.
Workers'
Compensation: Your protected health information
may be disclosed by us as authorized to comply with
workers' compensation laws and similar legally established
programs.
Inmates:
We may use or disclose your protected health information
if you are an inmate of a correctional facility and
your physician created or received your protected health
information in the course of providing care to you.
Required
Uses and Disorders: Under the law, we must make
disclosures to you when required by the Secretary of
the Department of Health R Human Services to investigate
or determine our compliance with the requirements of
section 164.500 et. seq
4. Other uses and disclosures require your authorization.
Disclosure of your health information or its use for
any purpose other than those listed above requires your
specific written authorization. If you change your mind
after authorizing a use or disclosure of your information
you may submit a written revocation of the authorization.
However, your decision to revoke the authorization will
not affect or undo any use or disclosure of information
that occurred before you notified us of your decision
to revoke your authorization.
Your Rights
The following is a statement of your rights with respect
to your protected health information and a brief description
of how you may exercise these rights.
You have the right to inspect and copy your protected
health information. This means you may inspect and obtain
a copy of your protected health information that is
contained in a designated record set for as long as
we maintain the protected health information. A "designated
record set" contains medical and billing records
and any other records that your physician and the practice
uses for making decisions about you Request for copies
must be in writing and there will be a charge of $ .75
per page.
Under
federal law, however, you may not inspect or copy the
following records; psychotherapy notes; information
compiled in reasonable use or anticipation of a civil,
criminal or administrative proceeding, and protected
health information that is subject to law that prohibits
access to protected health Information. Depending on
the circumstances, a decision to deny access may be
reviewed. In some circumstances, you may have a right
to have this decision reviewed. Please contact our Privacy
Officer if you have questions about access to your medical
record.
You
have the right to request a restriction of your protested
health information. This means you may ask us not to
use or disclose any part of your protected health information
for the purpose of treatment, payment or healthcare
operations. You may also request that any part of your
protected health information not be disclosed to family
members or friends who may be involved in your care
or for notification purpose as described in this Notice
of Privacy Practices. Your request must state the specific
restriction requested and to whom you want the restriction
to apply.
Your
physician is not required to agree to a restriction
that you may request. If your physician believes it
is In your best interest to permit use and disclosure
of your protected health information, your protected
health information will not be restricted. If your physician
does agree to the requested restriction, we may not
use or disclose your protected health information unless
it is needed to provide emergency treatment. With this
in mind, please discuss any restriction you wish to
request with your physician. You may request a restriction
by putting it in writing.
You
have the right to request to receive confidential communications
from us by alternative means or at an alternative location.
We will accommodate reasonable requests. We may also
condition this accommodation by asking you for information
as to how payment will be handled or specification of
an alternative address or another method of contact.
We will not request an explanation from you as the basis
for the request. Please make this request in writing
to our Privacy Officer.
You
have the right to have your physician amend your protected
health information. This means that you may request
an amendment of protected health information about you
in a designated record for as long as we maintain this
information. In certain cases, we may deny your request
for an amendment. If we deny your request for amendment,
you have the right to file a statement of disagreement
with us, and we, a rebuttal. Please contact our Privacy
Officer to determine if you have questions about amending
your medical record.
You
have the right to receive an accounting of certain disclosure
we have made, of your protected health information.
This right applies to the disclosures for purpose other
than treatment, payment or healthcare operations as
described in this Notice of Privacy Practices. It excludes
disclosure we may have made to you, for a facility directory,
to family members or friends involved in your care,
or for notification purposes. You have the right to
receive specific Information regarding these disclosures
that occurred after April 14, 2003. You may request
a shorter time frame. The right to receive this information
is subject to exceptions and limitations.
You
have the right to obtain a paper copy of this notice
from us, upon request, even if you have agreed to accept
this notice electronically.
Complaints
& Grievances
You may complain to us or to the Secretary of Health
and Human Services if you believe your privacy rights
have been violated. You may file a complaint with us
by notifying our Privacy Officer of your complaint.
You have the right to file complaints or grievances
without retaliation by those suspected in violation.
You
have the right to have your physician amend your
protected health information. This means that you may
request an amendment of protected health information.
You
may contact our Privacy Officer, Connie Papandrew at
516-616-0808 for further information about the complaint
process. This notice was published and becomes effective
on April 14, 2003.
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