Behavioral Health
Services North, Inc. has always committed to protecting the privacy of your
health information. We now are required by law to confirm this commitment to
you in writing by furnishing you with this Notice of Privacy Practices. The
Notice describes our legal duties and our practices relating to the privacy
of any medical or other personal information about you in our records. We
must follow the procedures described in this Notice of Privacy Practices as
long as the Notice remains in effect. We reserve the right to change our
privacy practices at any time and, if we made changes, we will apply our new
privacy practices to all the information we have in our records about you
and to any new information that we get after the change.
If we make
significant changes to our privacy practices, we will revise our Notice of
Privacy Practices to reflect the changes. We will always have a copy of our
current Notice of Privacy Practices in our offices and on our website. In
addition, you may get a paper copy of our current Notice of Privacy
Practices at any time by asking our front desk staff or by contacting our
Privacy Officer as follows:
Ms.
Susan Bigelow, RN, Privacy Officer
Behavioral
Health Services North, Inc.
63
Broad Street
Plattsburgh,
NY 12901
Telephone:
518 563 8000
Email:
sbigelow@bhsn.org
Our Privacy
Officer can also answer any questions you may have about this Notice.
Effective date of
this Notice: April 14, 2003
Behavioral Health
Services North, Inc. collects health information from you and stores it in a
chart and/or on a computer. We collect your name, address and telephone
number; your social security number; information regarding your medical
history; information about your heath insurance and other information. This
is your medical or health care record. The medical record is the property of
Behavioral Health Services North, Inc. but the information in the medical
records belongs to you. Your record usually contains information about your
health such as your symptoms, examination findings, diagnosis and treatment.
We may also gather information about you from other healthcare providers,
such as your referring physician, other health care providers you have seen,
healthcare facilities that have run tests on you, your health insurance plan
and, sometimes, even family members or close friends that help take care of
you. Because bills must show what services you received and sometimes have
to contain information justifying the need for those services, the bills
that we and other healthcare providers send you or your insurers also
contain information about your health.
This Notice of
Privacy Practices identifies types of uses and disclosures of protected
health information ("PHI") that Behavioral Health Services North,
Inc. is permitted to make without obtaining a written authorization from
you. We have not included every kind of use and disclosure within each
category but are providing examples.
I. How Behavioral
Health Services North, Inc. May Use or Disclose Your Health Information
Behavioral Health
Services North, Inc. uses and discloses recipient health information for
many purposes. We regularly attempt to limit all uses and disclosures of
your health information to the minimum necessary to accomplish the task
required. When other health providers are treating you, we will release your
entire medical record to be sure you receive the best possible care.
1. Treatment.
Behavioral Health Services North, Inc. may make requests, uses and
disclosures of your Protected Health Information ("PHI") as
necessary to provide, coordinate and manage your treatment. We may use your
health information to send you appointment reminders or notices about the
need to schedule a new appointment.
Behavioral Health
Services North, Inc. may also share your health information within its
programs as appropriate for your treatment. By way of example, if you are a
recipient of Adult Clinic services and our residential (Breakthrough)
program, health information may be shared between these two programs to
coordinate your treatment. To the extent required for your treatment, the
sharing of your health information may occur between our outpatient clinics,
intensive psychiatric rehabilitation program (IPRT), continuing day
treatment program (CDT), case management services, residential services and
supported employment services.
2. Payment.
Behavioral Health Services North, Inc. may make requests, use and/or
disclose your health information as necessary to bill and obtain payment for
our services from you or your insurance company. We may have to disclose
your health information to your insurance company so they can determine your
benefit eligibility; provide preauthorization for services; or determine how
much they should pay us.
3. Regular
Health Care Operations. Behavioral Health Services North, Inc. may
use and disclose your health information for the general operation of our
business. Examples of health care operations include conducting quality
assessment and improvement activities (including outcomes evaluation and
development of clinical guidelines); case management and care coordination;
legal services and auditing functions, including fraud and abuse detection
and compliance programs; business planning and development. For example, we
may use our patients’ health information to evaluate and improve the
quality of the health services we provide.
4. Information
provide to you.
5. Notification
and communication with individuals involved in your care. We may
disclose information about you to notify or assist in notifying a family
member, your personal representative or another person responsible for your
care about your location, your general condition or in the event of your
death. If you are able and available to agree or disagree, we will give you
the opportunity to object before we make this notification. However, under
certain circumstances, such as in an emergency, our health professionals
will use their best judgment in communicating with your family and/or other
individuals involved in your care.
New York State law
is, in certain circumstances, stricter than applicable federal law and
therefore will control in such circumstances. The exceptions set forth below
are not all inclusive, but are meant to provide you with a general
overview of situations in which New York State law, and not HIPAA, controls.
Confidentiality requirements with regard to alcohol and drug treatment
records are, for example, beyond the scope of this summary.
* Psychotherapy
notes are not exempted from the consent requirement under state law;
* If disclosure
would cause substantial harm to another person, Behavioral Health Services
North, Inc. may deny access to all or part of the information and may grant
access to a prepared summary of the information if, after considering all
the attendant facts and circumstances, Behavioral Health Services North,
Inc. determines that the request to review all or a part of the patient
information can reasonably be expected to cause substantial and identifiable
harm to the subject or others, which would outweigh the qualified
person’s right of access to the information;
* If a parent
requests information concerning a child over 12 years of age, Behavioral
Health Services North, Inc. may notify the child and if the child objects to
disclosure, may deny the request;
* Behavioral
Health Services North, Inc. may deny access to all or part of the
information and may grant access to a prepared summary of the information
if, after consideration of all the attendant facts and circumstances,
Behavioral Health Services North, Inc. determines that disclosure would have
a detrimental effect on its professional relationship with a minor (a person
under 18 years of age) or on the minor’s relationship with his or her
parents;
* Confidential HIV
information obtained in the course of providing any health or social service
may not be disclosed without your consent except to an authorized agency in
connection with foster care or adoption of a child or to an employee or
agent of the division of probation and correctional alternatives or any
local probation department or an employee or agent of the commission of
correction; and
* A physician may
disclose confidential HIV information pertaining to a protected individual
to a person (known to the physician) authorized pursuant to law to consent
to health care for a protected individual when the physician reasonably
believes that: (1) disclosure is medically necessary in order to provide
timely care and treatment for the subject of the HIV information; (2) after
appropriate counseling as to the need for such disclosure, the subject of
the HIV information will not inform a person authorized by law to consent to
healthcare, provided; however, that the physician will not make such
disclosure if, in the judgment of the physician: (1) the disclosure would
not be in the best interest of the subject of the HIV information; of (b)
the subject of the HIV information is authorized by law to consent to such
treatment.
6. Other Uses
and Disclosures. Behavioral Health Services North, Inc. may make
certain other uses and disclosures of your health information without your
authorization for any of the following public policy purposes:
a. Requirements of
Applicable Federal, State or Local Law. We may use or disclose information
about you whenever we are required by law; such as a court order.
b. Public Health
Reporting. We may disclose your health information to proper public health
authorities for purposes related to preventing and reporting disease; injury
or disability. Public health authorities include the Centers for Disease
Control, the Occupational Safety and Health Administration, the
Environmental Protection Agency as well as a number of other state and local
authorities.
c. Victims of
Abuse, Neglect or Domestic Violence. We may disclose health information
about you to public health authority or other appropriate government or
protective services agencies if we have reason to think that you are a
victim of abuse, neglect or domestic violence and you authorize the
disclosure or if the law requires us to report regardless of whether you
agree.
d. Judicial and
Administrative Proceedings that Involve You. We may disclose your health
information in the course of a judicial or administrative proceeding that
involves you if we get an order from a court or administrative tribunal. We
may also release health information about you in the absence of such an
order in response to a discovery request, but we will do so only if we have
made an effort to notify you or to get a protective order covering your
information from the court or administrative tribunal.
e. Law Enforcement
Activities. We may disclose your health information to a law enforcement
officer for purposes such as identifying or locating a suspect, fugitive,
material witness or missing person. We may also be required to disclose
information about you if we receive a warrant, subpoena or other order from
a court or administrative hearing body to assist law enforcement
authorities.
f. Disclosures to
Coroners, Medical Examiners and Funeral Directors. We may disclose
information to help a coroner or medical examiner identify a deceased person
or determine the cause of death. We may also release health information that
funeral directors need to do their jobs.
g. Organ
Procurement Organizations, Transplant Centers and Eye Tissue Banks. We may
disclose information about organ donors or potential organ recipients to
organ procurement organizations, transplant centers and eye tissue banks.
h. Research. We
may use or disclose certain health information about your condition and
treatment for records based research so long as an Institutional Review
Board (IRB) or Privacy Board has determined that obtaining permission from
you and the other patients’ whose records need to be reviewed would be
impractical and that the privacy interest of all patients involved in the
study will be adequately protected.
i. Military and
National Security. We may release health information about you to military
command authorities, for national security and intelligence activities and
for the provision of protective services for heads of state.
j. Prevention of
Serious Threats to Health or Safety. We may disclose your health information
to prevent a serious threat to your health and safety or to the health and
safety of others.
k. Workers’
Compensation. We may disclose health information about you to workers’
compensation insurers or other similar programs which provide benefits for
work related injuries or illnesses without regard to fault in accordance
with the requirements of the laws governing the programs.
l. As required by
law, we will release health information to the Secretary of the Department
of Health and Human Services for enforcement of HIPAA.
7. Marketing.
We may contact you to provide appointment reminders or to give you
information about other treatments or health related benefits and services
that may be of interest to you.
8. Change of
Ownership. In the event that Behavioral Health Services North, Inc.
is sold or merged with another organization, your health information/record
will become the property of the new owner.
II. When
Behavioral Health Services North, Inc. May Not Use or Disclose Your Health
Information
Except as
described in this Notice of Privacy Practices, Behavioral Health Services
North, Inc. will not use or disclose your health information without your
written authorization. If you do authorize Behavioral Health Services North,
Inc. to use or disclose your health information for another purpose beyond
those permitted uses and disclosures described above, you may revoke your
authorization in writing at any time.
If you revoke your
permission, we will no longer use or release health information about you
for the reasons covered by your written authorization except to the extent
that we have already relied on your original permission.
III. Your Health
Information Rights
1. You have the
right to request restrictions on certain of our uses and disclosures of your
health information for treatment, payment and healthcare operations. Your
request must describe in detail the restriction you are requesting.
Behavioral Health Services North, Inc. is not required to agree to the
restriction that you requested under HIPAA but we will accommodate
reasonable requests when appropriate.
2. Request for
confidential communication. You have the right to receive your health
information through a reasonable alternative means or at an alternative
location. For example, you may request that messages not be left on voice
mail or sent to a particular address. Requests for confidential
communication must be in writing and addressed to the Privacy Officer, 63
Broad Street, Plattsburgh, NY, 12901. We will honor reasonable requests and
let you know if a request cannot be honored.
3. You have the
right to inspect and copy your health information that we maintain and/or
information compiled for use in a civil, criminal or administrative
proceeding. Behavioral Health Services North, Inc. will charge $.75/page for
copying and we will require you to pay us for postage if you ask us to mail
copies of your records to you.
4. You have a
right to request Behavioral Health Services North, Inc. to change your
health information that you think is incorrect or incomplete. To be
considered, your request must be in writing, must be signed by you or your
representative and must state the reasons for the amendment/correction
request. We may deny your request if we think the records are correct and
complete or if the information you are questioning was created by another
healthcare provider.
5. You have a
right to receive a listing of certain uses and disclosures of your health
information made by Behavioral Health Services North, Inc. except for those
uses and disclosures made for purposes of treatment, payment or healthcare
operations; disclosures made to you under your right to see and copy your
records and disclosures you have given us a written authorization to make or
any uses and disclosures of your health information made before April 14,
2003 among others. If you request this accounting more than once every
twelve months, we may charge you a fee of each additional listing. Our fee
is currently set at seventy-five cents ($.75)/page.
6. You have a
right to a paper copy of this Notice of Privacy Practices.
If you would like
to have a more detailed explanation of these rights or if you would like to
exercise one or more of these rights, contact -
Susan Bigelow, RN,
Privacy Officer
Behavioral Health
Services North, Inc.
63 Broad Street
Plattsburgh, NY
12901
Telephone: 518 563
8000
IV Complaints.
Complaints about
this Notice of Privacy Practices or how Behavioral Health Services North,
Inc. handles your health information should be directed to:
Susan
Bigelow, RN, Privacy Officer
Behavioral
Health Services North, Inc.
63
Broad Street
Plattsburgh,
NY 12901
Telephone:
518 563 8000
If you are not
satisfied with the manner in which this office handles a complaint, you may
submit a formal complaint to: Department of Health and Human Services
Office
of Civil Rights
Hubert
H. Humphrey Building
200
Independence Avenue, S.W.
Room
509F HHH Building
Washington,
DC 20201
You may also
address your complaint to the regional Office for Civil Rights:
Region
II, Office for Civil Rights
U.
S. Department of Health and Human Services
Jacob
Javits Federal Building
26
Federal Plaza, Suite 3312
New
York, NY 10278
Telephone:
212 264 3313
Fax:
212 264 3039