NOTICE OF PRIVACY PRACTICES
FOR PROTECTED HEALTH INFORMATION
Effective Date: April 14, 2003
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED
AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
If you have any questions or wish to receive additional information about the
matters covered by this Notice of Privacy Practices, please contact our
Practice Manager at (585) 225-0950.
Long Pond Pediatrics, LLP is required to abide by the terms of this Notice of
Privacy Practices (this 'Notice'). The Practice reserves the right to change
the terms of this Notice at any time. The revised Notice will apply to all protected
health information the Practice received or created in the past as well as all
protected health information the Practice receives or creates in the future.
A current copy of the Notice will be posted in the waiting room. The effective
date of this Notice of Privacy Procedures is set forth on the first page of
this Notice. If this Notice of Privacy Procedures has been changed since your
last appointment, the Practice will provide a copy of the current Notice of
Privacy Practices to you when you sign in for your appointment. Additionally,
you may obtain a copy of the current Notice by calling your physician and requesting
that one be sent to you in the mail or by asking for one when you are in the
office.
Your 'protected health information' consists of all individually identifiable
information which is created or received by the Practice and which relates to
your past, present or future physical or mental health or condition, the provision
of health care to you or the past, present or future payment for health care
provided to you.
USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION FOR WHICH YOUR CONSENT OR
AUTHORIZATION IS NOT REQUIRED
9. Food and Drug Administration: The Practice may disclose
your protected health information to a person subject to the jurisdiction of
the Food and Drug Administration ('FDA') for the purpose of activities related
to the quality, safety or effectiveness of FDA regulated products.
10. Communicable Diseases: The Practice 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 spreading a disease
or condition.
11. Employer: The Practice may disclose your protected health
information to your employer if the Practice is providing health care to you
at the request of your employer to conduct an evaluation relating to medical
surveillance relating to your workplace or to evaluate whether you have a work-related
illness or injury. The Practice will notify you before your protected health
information relating to the medical surveillance of the workplace and work-related
illnesses and injuries is disclosed to your employer by providing you with written
notice at the time the Practice renders health care to you.
12. Abuse, Neglect or Domestic Violence: The Practice may disclose
your protected health information to a government authority authorized to receive
reports of abuse, neglect or domestic violence if the Practice reasonably believes
that you are a victim of abuse, neglect or domestic violence. Any such disclosure
will be made (1) to the extent it is required by law, (2) to the extent that
the disclosure is authorized by statute or regulation and the Practice believes
the disclosure is necessary to prevent serious harm to you or other potential
victims, or (3) if you agree to the disclosure.
13. Health Oversight Activities: The Practice may disclose
your protected health information to a health oversight agency for any oversight
activities authorized by law, including audits; investigations; inspections;
licensure or disciplinary actions; civil, criminal or administrative actions
or proceedings; or other activities necessary for the oversight of the health
care system, government benefit programs, compliance with government regulatory
program standards or compliance with applicable civil rights laws.
14. Judicial and Administrative Proceedings: The Practice may,
upon certain conditions, disclose your protected health information in the course
of any judicial or administrative proceeding in response to an order of a court
or administrative tribunal, a subpoena, discovery request, or other lawful process.
15. Law Enforcement Purposes: The Practice may disclose your
protected health information for law enforcement purposes to a law enforcement
official:
16. Coroners, Medical Examiners and Funeral Directors: The
Practice may disclose your protected health information to a coroner or medical
examiner for the purpose of identifying you, determining a cause of death or
other duties authorized by law. The Practice may disclose your protected health
information to a funeral director, consistent with all applicable laws, in order
to allow the funeral director to carry out his or her duties.
17. Organ and Tissue Donation: The Practice may disclose your
protected health information to organ procurement organizations or other entities
engaged in the procurement, banking or transplantation of organs, eyes or tissue
for the purpose of facilitating organ, eye and tissue donation and transplantation.
18. Medical Research: The Practice may disclose your protected
health information for research purposes, provided that an institutional review
board authorized by law or a privacy board waives the authorization requirement
and provided that the researcher makes certain representations regarding the
use and protection of the protected health information to be disclosed.
19. Serious Threat to Health or Safety: The Practice may disclose
your protected health information, in a manner which is consistent with applicable
laws, if the disclosure is necessary to prevent or lessen a serious threat to
health or safety or the information is necessary to apprehend an individual.
20. Military and Veterans Activities: The Practice may, if
you are a member of the United States or foreign Armed Forces, disclose your
protected health information for activities that are deemed necessary by appropriate
military command authorities to assure the proper execution of a military mission.
21. National Security and Protection of the President and Others:
The Practice may disclose your protected health information to authorized federal
officials for the conduct of lawful intelligence, counter-intelligence and other
national security activities authorized by law. Additionally, the Practice may
disclose your protected health information to authorized federal officials for
the provision of protective services to the President, foreign heads of state,
or other people authorized by law and to conduct investigations authorized by
law.
22. Inmates: The Practice may disclose your protected health
information to a correctional institution or a law enforcement official having
lawful custody of you if the correctional institution or law enforcement official
represents that the information is necessary to (1) provide health care to you;
(2) the health and safety of other inmates; (3) the health and safety of the
officers and employees of the correctional institution or the people responsible
for transporting the inmates; (4) law enforcement on the premises of the correctional
institution; or (5) the administration and maintenance of the safety, security
and good order at the correctional institution.
23. Workers' Compensation: The Practice may disclose your protected
health information as authorized by, and in compliance with, laws relating to
workersí compensation and other similar programs established by law that
provide benefits for work-related illnesses and injuries without regard to fault.
OTHER USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
Any use or disclosure of your protected health information that is not listed
above will be made only with your written authorization. You have the right
to revoke your authorization at any time, except to the extent that the Practice
has already used or disclosed your protected health information in reliance
on the authorization.
YOUR RIGHTS REGARDING YOUR PROTECTED HEALTH INFORMATION
1. Restriction of Use and Disclosure: You have the right to
request that the Practice restrict the protected health information the Practice
uses and discloses in carrying out treatment, payment and health care operations.
You also have the right to restrict the protected health information the Practice
discloses to a family member, other relative or any other person identified
by you, which is relevant to such person's involvement in your treatment or
payment for your treatment. THE PRACTICE IS NOT OBLIGATED TO AGREE TO ANY RESTRICTION
THAT YOU REQUEST. If the Practice agrees to a restriction, however, the Practice
may only disclose your protected health information in accordance with that
restriction, unless the information is needed to provide emergency health care
to you.
If you wish to request a restriction on the use and disclosure of your protected
health information, please send a written request to the Privacy Officer which
specifically sets forth (1) whether you are restricting the use or the disclosure
of your protected health information, (2) what protected health information
you wish to limit, and (3) to whom you wish the limits to apply (i.e., your
spouse). The Practice will not ask why you are requesting the restriction. The
Privacy Officer will review your request and notify you whether or not the Practice
will agree to your requested restriction.
2. Confidential Communications: You have the right to request
that you receive communications of your protected health information form the
Practice in alternative means or at alternative locations. The Practice will
accommodate all reasonable requests.
To request that the Practice make communications of your protected health information
by alternative means or at alternative locations, please send a written request
to the Privacy Officer setting forth the alternative means by which you wish
to receive communications or the alternative location at which you wish to receive
such communications. The Practice will not ask why you are making such a request.
When appropriate, the Practice may condition the provision of a reasonable accommodation
upon receiving information relating to how payment, if any, will be handled.
3. Access to Protected Health Information: You have the right
to inspect and obtain a copy of your protected health information that the Practice
maintains in a designated record set, for so long as that protected health information
is maintained in a designated record set. A 'designated record set' is a group
of records maintained by or for the Practice, which includes billing, records
and records used in whole or in part to make decisions about you. You do not
have the right to inspect or copy psychotherapy notes, information compiled
in reasonable anticipation of, or for use in, a civil, criminal or administrative
action or proceeding, or information that the Practice is otherwise prohibited
by law from disclosing.
If you wish to inspect or obtain a copy of your protected health information,
please send a written request to the Privacy Officer. If you request a copy
of your protected health information, the Practice may charge a fee for the
cost of copying and mailing the information.
The Practice may, for certain limited reasons, deny your request to inspect
or obtain a copy of your protected health information. If the Practice denies
your request, you may be entitled to a review of that denial. If you are entitled
to a review and you wish to have the Practice's decision reviewed, please contact
the Privacy Officer. The Privacy Officer will designate a licensed health care
professional to review your request. This reviewing health care professional
will not have participated in the original decision to deny your request. The
Practice will comply with the decision of the reviewing health care professional.
4. Amending Protected Health Information: You have the right
to request that the Practice amend your protected health information in a designated
record set for so long as that information exists in a designated record set.
To request that an amendment be made to your protected health information, please
send a written request to the Privacy Officer. Your written request must provide
a reason that supports the requested amendment.
The Practice may deny your request if it does not contain a reason that supports
the requested amendment. Additionally, the Practice may deny your request to
have your protected health information amended if the Practice determines that
(1) the information was not created by the Practice, unless the person or entity
that created the information is no longer available to make the amendment; (2)
the information is not part of a designated record set; (3) the information
is not available for your inspection; or (4) the information is accurate and
complete.
5. Accounting of Disclosures of Your Protected Health Information:
You have the right to request a listing of certain disclosures of your protected
health information made by the Practice during the period of up to six (6) years
prior to the date on which you make your request. Any accounting you request
will not include (1) disclosures made to carry out treatment, payment or health
care operations; (2) disclosures made to you; (3) disclosures made pursuant
to an authorization given by you; (4) disclosureís made to other people
involved in your care or made for notification purposes; (5) disclosures made
for national security or intelligence purposes; (6) disclosures made to correctional
institutions or law enforcement officials; or (7) disclosures made prior to
April 14, 2003. The right to receive an accounting is subject to certain other
exceptions, restrictions and limitations set forth in applicable statutes and
regulations.
To request an accounting of the disclosures of your protected health information
made by the Practice, please send a written request to the Privacy Officer.
Your written request must set forth the format in which you want the accounting
(i.e., hard copy, electronically) and the period for which you wish to receive
an accounting. The Practice will provide one free accounting during each twelve
(12) month period. If you request additional accountings during the same twelve
(12) month period, you will be charged for all costs the Practice incurs in
preparing and providing that accounting. The Practice will inform you of the
fee for each accounting in advance and will allow you to modify or withdraw
your request in order to reduce or avoid the fee.
6. Obtaining a Copy of this Notice: You have the right to request
and receive a paper copy of this Notice of Privacy Practices from the Practice
at any time.
COMPLAINTS
If you believe that your privacy rights have been violated, you may file a complaint
with the Practice or with the Secretary of Health and Human Services. To file
a complaint with the Practice, please contact our Practice Manager at
(585) 225-0950. All complaints must be submitted in writing. THE PRACTICE WILL
NOT RETALIATE AGAINST YOU FOR FILING A COMPLAINT.