Care Design NY Notice Of Privacy Practices
At Care Design NY (CDNY) we understand that information about you and your family is personal. We are committed to protecting your privacy and that of your records. This notice applies to all records generated or received by CDNY. Information is shared only when authorized, when necessary for treatment or as mandated by State or Federal law. In accordance with the Health Insurance Portability and Accountability Act (HIPAA), our privacy commitment to you is:
- All people involved in your care will protect your privacy and information will be shared only with the persons/organizations that you have authorized to view the information.
- Protected Health Information (PHI) includes records we keep or create that are related to your health care or treatment. This includes your medical information, treatment plan, name, address, birth date and social security number.
This privacy notice describes how medical information about you may be used, disclosed and how you may access your records. Please review it carefully. This privacy notice is effective as of July 1, 2018.
CDNY'S RESPONSIBILITY FOR YOUR HEALTH INFORMATION
CDNY is required by law to:
- Maintain the privacy of your record
- Give you notice of our legal duties and practices concerning your health information
- Follow the terms contained in this notice.
- Based on our right to revise the privacy notice, CDNY will inform you of any changes in privacy practices
YOUR HEALTH/CLINICAL INFORMATION RIGHTS
You have the right to:
- Review your health/clinical records and obtain a copy of the record. Your request to obtain a copy should be put in writing to the Regional Director of Care Management. They will provide you with the form for you to complete to allow us to release the information. We will respond to your request in 10 days. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request.
- CDNY may deny your request to inspect and obtain a copy in very limited circumstances. If your request to access/review information is denied by the Regional Director of Care Management, you may ask for a review of your request for information from another professional staff member not involved in the denial. In this case, another professional staff member will be identified by CDNY to review the request. Denials will be explained in writing.
- You may request that CDNY change or amend your health information if you believe it is incorrect or incomplete. This request should be made in writing. However, CDNY may deny this request if we believe the information is accurate. Information in any document not created by
CDNY may not be changed. If the amendment is approved, your record will be changed, and we will inform others that need to know. • You may request a list of disclosures CDNY has made of your health information. This request should be made in writing. The list of disclosures will not include disclosures for treatment, payment, or health care operations within CDNY or disclosures where authorization has been obtained by you. Disclosures will be recorded from 7 /1/18. Your request for disclosures may cover a period of six years prior to the request. We will respond to your request within 60 days. - You may request that CDNY limit how we disclose or use your health information, however CDNY is not legally bound to agree to this restriction.
- You may request that CDNY communicate with you in a way that will help to keep your information confidential.
- You have a right to receive a paper copy of this notice.
- To request any of these rights, please contact the Regional Director of Care Management.
USE AND DISCLOSURES THAT REQUIRE YOUR AGREEMENT OR AUTHORIZATION
CDNY may release health information following notification to you, if you agree:
- To family members and personal representatives who are involved in your care.
- To representatives of disaster relief organizations that may need to contact your family in an emergency.
HOW CDNY USES AND DISCLOSES HEALTH CARE INFORMATION
CDNY may use and disclose health information without your permission only in the following situations:
- Treatment and service purposes within CDNY and to outside health care providers who are part of your care. For example, CDNY care managers may discuss your health information with other involved CDNY staff or staff of other organizations who are providing care or services.
- Appointment reminder notifications
- CDNY may provide health information needed to obtain payment for our services. For example, we may provide information to a payer, i.e., Medicaid, Medicare, or to your insurance company.
- CDNY may disclose information to determine your eligibility or to determine your ability to pay for services provided. Examples of this would be disclosures to the Social Security Administration or to Medicaid.
- CDNY may disclose information within the organization for administrative operations such as quality assurance activities, health oversight activities, treatment reviews and services reviews. Any party that is contracted with CDNY to assist in carrying out business operations, are required to sign a Business Associates Agreement which requires these third parties to provide CDNY with assurances that they too will protect and safeguard your healthcare information.
- Information in a summary format may be used to describe the scope of the agency services for public relations, fund raising or grant applications. Information that identifies specific individuals is restricted unless we receive prior authorization from you.
- CDNY may disclose health care information to an oversight agency for activities authorized by law. This could include audits, investigations, inspections, and licensure/certification reviews.
- Information may be released when required by federal or state law or when requested by authorized federal officials for intelligence or national security.
- Information may be released to report possible domestic violence, abuse or neglect.
- CDNY may release information for judicial, law enforcement of administrative proceedings.
- Information may be released to coroners, medical examiners or funeral directors so they may carry out their duties.
- Workers’ compensation cases may require the disclosure of health information.
- CDNY may disclose health information to prevent or lessen a serious or imminent threat to you or someone else's health.
- Government agencies which administer public benefits may access your health information.
- CDNY may disclose information for research studies only if you have agreed to participate in these studies and the use of your health information has been approved by an instructional review board and by the agency conducting the research.
- To correctional institutions or law enforcement officials if you are an inmate and the information is necessary for your care or health of others.
AUTHORIZATION REQUIRED FOR ALL OTHER USES AND DISCLOSURES
For all other types of uses and discloses not described in this notice, CDNY will use or disclose health information only with a written authorization form signed by you or your authorized personal representative. The disclosure authorization form may be obtained from your Care Manager. Written authorization is always required for use/disclosure of psychotherapy notes and for marketing purposes which identify an individual.
You may revoke your authorization at any time, but you must do so in writing. If you revoke your authorization in writing, we will no longer use or disclose your information for the reasons stated in the authorization. We cannot retrieve any disclosures made prior to revoking your authorization. We must also retain your health information that indicated the services we have provided to you.
NOTE: If you cannot give permission due to an emergency, CDNY may release health information in your best interest.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a complaint with CDNY or with the Secretary of the Department of Health and Human Services.
- To file a complaint with CDNY, you may file a complaint with CDNY's Compliance and Privacy Officer at: 518-235-1888. All complaints made by telephone must be followed with a written complaint.
- Witten complaints may be sent to:
Care Design NY
C/O Compliance and Privacy Officer
8 Southwoods Boulevard, Suite 110
Albany, NY 12211
- Witten complaints may be sent to:
- To file a complaint through the Department of Health and Human Services, you may do so by contacting them at 877-696-6775 or at: 200 Independence Avenue SW, Washington, DC 20201
You will not be penalized for filing a complaint. All complaints will be investigated, and you will receive follow up at the conclusion of the investigation
CDNY PRIVACY OFFICER
Questions or concerns about CDNY's privacy policy, privacy practices, access to health information or this notice may be directed to the Privacy Officer at 518-235-1888. Written correspondence may be sent to:
Care Design NY
C/O Privacy Officer
8 South woods Boulevard, Suite 110
Albany, NY 12211