To download a PDF version
of this policy
Click Here. |
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.
A. Our Commitment To Your Privacy
Onondaga County Health Department (OCHD) is dedicated
to keeping the privacy of your protected health information (PHI).
In carrying outour business, we will set uprecords aboutyou and
the treatment and services we provide to you. We are required by
law to keep your PHI private. We are also required by law to provide
peoplewith Notice of our legal duties and privacy practices about
PHI. The OCHD is required by law to follow the terms of the Notice
of Privacy Practices currently in effect.We realize that the laws
are complicated, but we must provide you with the following important
information:
- How we may use and release your PHI
- Your privacy rights about your PHI
The terms of this Notice apply to all records that
haveyour PHI that are set upor keptby programs in the OCHD that
are covered bythe Health Insurance Portability and Accountability
Act (HIPAA). We havethe right to change the terms of this Notice
and to make the new Notice termscoverall PHI kept. Any change to
this Notice will coverall of your records that our Health Department
has set upor keptin the past, and for any of your records that
we may set upor keepin the future. A copy of our current Notice
will be posted at all locations where OCHD offers health services.
This Notice will be posted in a place where it can easily be seen
at all times.You may ask fora copy of our most current Notice at
any time.
B. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE PLEASE
CONTACT: Privacy Administrator at (315) 435-3252, Onondaga County
Health Department Administration 421 Montgomery St. Syracuse, New
York 13202
C. WE MAY USE AND RELEASE YOUR PROTECTED
HEALTH INFORMATION (PHI) IN THE FOLLOWING WAYS:
- TREATMENT: The OCHD will use
your PHI to provide you with health services. For example, we
may ask you to have laboratory tests (such as blood or urine),
and we may use the results to diagnose and treat you. We may
use your PHI to write a prescription for you or we might release
your PHI to a pharmacy when we order a prescription for you.
We may also use your PHI to refer you to, or to communicate with,
another health care provider about your care. In certain cases,
we may transfer your records for you to get health care with
another health care provider. Many of the people who work for
OCHD may use or release your PHI in order to treat you or to
assist others in your treatment. This may include other workers
in addition to doctors or nurses. In a small number of cases,we
may release your PHI to others who may assist in your care, including
but not limited to family members, or use or disclose your PHI
to notify someone regarding your location, general condition,
or death.
- PAYMENT: The OCHD may use and
releaseyour PHI in order to bill and collect payment for the
services and items you may receive from us. For example, we may
contact your health insurer to make surethat you are eligible
for benefits (and for what range of benefits). We also
may provide your insurer with details aboutyour treatment to
find outif your insurer will cover, or pay for, your treatment.
We may also use and releaseyour PHI to getpayment from third
parties that may be responsible for such costs, such as family
members. Also, we may use your PHI to bill you directly for services
and items.
- HEALTH CARE OPERATIONS: OCHD
may use and release your PHI to operate our business. As examples
of ways we may use and disclose your information for our operations,
OCHD may use your PHI to evaluate the quality of care received
from us, or to conduct cost-management and business planning
activities for OCHD. We may also enter your information into
computer data banks. This information may be used, for example,
for statistical purposes or for the coordination of care. OCHD
may releaseyour PHI to other people or entities with whichwe
have an agreement in order to provide services to you. We have
a right to change our practices about the health information
we keep. If our practices change, the information will be available
in a new version ofNotice of Privacy Practices that will be available
at our service delivery sites upon your request.
- RELEASESREQUIRED BY LAW: OCHD
will use and release your PHI when we are authorized or required
to do so by federal, state or local law. This includes, but is
not limited to, mandatory reporting such as for suspected child
abuse and neglect.
D. USE AND RELEASE OF YOUR PHI IN CERTAIN
SPECIAL CIRCUMSTANCES
- PUBLIC HEALTH PURPOSES: OCHD, forPublic Health
Activities, is authorized by law to collect, use and release
PHI for the following purposes:
- Maintenance of Vital Records, such as births
and deaths
- Mandatory disease reporting
- Preventing or controlling disease, injury or
disability
- Notification of a person aboutpotential exposure
to certain communicable diseases
- Notification of a person about a potential risk
for spreading or contracting certain diseases or conditions
- Reporting reactions to drugs or problems with
specific products or devices
- Notification of the appropriate government agency
and authority about abuse or neglect of an adult patient (including
domestic violence); however, we will only releasethis information
if the patient agrees or we are required or authorized by law
to releasethis information
- Notification of your employer under limited
circumstances relating mostlyto workplace injury, illness or
medical surveillance
- HEALTH OVERSIGHT ACTIVITIES: OCHD
may releaseyour PHI to a health oversight agency for activities
authorized by law. Oversight activities include,but may not be
limited to, investigations, inspections, audits, surveys, licensure
and disciplinary actions; civil, administrative and criminal
procedures or actions; or other activities necessary to monitor
government programs, compliance with civil rights laws and the
health care system in general.
- JUDICIAL AND ADMINISTRATIVE PROCEEDINGS: OCHD
may releaseyour PHI in the course of any courtor administrative
proceeding in response to an Order of a Court or administrative
tribunal, Judicial Subpoena, discovery request or other legally
required release.
- LAW ENFORCEMENT: OCHD may,
for example, release your PHI if asked to do so by a law enforcement
official:
- Regarding a crime victim in certain situations,
if we are unable to obtain the person’s agreement
- Concerning a death believed by law enforcement
to have resulted from criminal conduct
- Regarding criminal conduct at our offices
- In response to a Warrant, Summons, Court Order,
Subpoena or similar legal process
- To assist law enforcement to identify/locate
a suspect, material witness, fugitive or missing person
- In an emergency, to report a crime (including
the location or victim(s) of the crime, or description, identity
or location of the perpetrator)
- SERIOUS THREATS TO HEALTH AND SAFETY: OCHD
may use and releaseyour PHI when necessary to reduce or prevent
a serious threat to your health and safety or the health and
safety of another individual or the public. Under these conditions
we will only release your PHIto a person or organization able
to help prevent the threat.
- MILITARY: OCHD may releaseyour
PHI if you are a member of the U.S. or foreign military forces
(including veterans) and if required by the appropriate authorities.
- NATIONAL SECURITY: OCHD may
releaseyour PHI to federal officials for intelligence and national
security activities authorized by law. We may also releaseyour
PHI to federal officials in order to protect the President, other
officials or foreign heads of state, or to carry outinvestigations.
- INMATES: OCHD may releaseyour
PHI to correctional institutions or law enforcement officials
if you are an inmate or under the custody of a law enforcement
official. Release of PHIfor these purposes would be necessary:
a) for the institution to provide health care services to you,
b) for the safety and security of the institution, and/or c)
to protect your health and safety or the health and safety of
other individuals.
- WORKERS COMPENSATION: OCHD
may release your PHI for workers’ compensation and similar
programs.
- RESEARCH: The OCHD may use
or releaseyour PHI for research with your approvalor when a review
board has approved research which poses minimal risk and your
privacy is ensured, or when a research project is being prepared.
No public releaseof your name will be made without your consent.
- FOR ORGAN, TISSUE, OR BLOOD DONATIONS:
Information may be releasedto groupsengaged in obtaining,bankingor
transplantation, if necessary to ensure safe donations and transplants.
- DECEDENTS: In the event of
your death, your information may be releasedto funeral directors,
coroners and medical examiners to enable them to carry out their
lawful duties.
E. YOUR RIGHTS REGARDING PHI
You have the following rights regarding the PHI
that we keepabout you:
- CONFIDENTIAL COMMUNICATIONS. OCHD
may contact you by mail, phone, email, or other means as determined
necessary. We may, for example, send you or call you with appointment
reminders or with information regarding ourprograms and services.
We may leave messages for you on your answering machine or with
someone else if you are not available. You have the right to
askthat the OCHD contact you about your health and related issues
in a certain wayor at a certain location. For example, you may
ask that we contact you at home, rather than at work. In order
to request a type of confidential contact,you must make a written
request to the OCHD program where you are receiving your
services. There are appropriate forms available at all locations
thatOCHD provides services.You mustspecify the requested
method of contact, or the location where you wish to be contacted.
OCHD will fillreasonable requests.
You do not need to give a reason for your request.
- REQUESTING RESTRICTIONS: You
have the right to request a restriction in our use or releaseof
your PHI for treatment, payment or health care operations. Also,you
have the right to request that we restrict our releaseof your
PHI to certain individuals involved in your care or the payment
for your care, such as family members and friends, or to disaster
relief organizations. We are not required to agree to
your request; however, if we do agree, we are bound
by our agreement except when otherwise required by law, in emergencies,
or when the information is necessary to treat you. In order to
request a restriction in our use and disclosure of your PHI,
you must make your request in writing to the OCHD program
where you are receiving your services. There are appropriate
forms available at all locations thatOCHD provides services.Anyrequest
must describe clearly and briefly:
- The information you wish restricted
- Whether you are requesting to limit the OCHD’s
use, releaseor both; and
- Who is limited from receiving your PHI
- INSPECTION AND COPIES: You
have the right to inspectand get a copy of the PHI created by
OCHD that may be used to make decisions about you, including
patient medical records and billing records, but not including
some psychotherapy notes or other limited information. You must
giveyour request in writing to the OCHD program where
you are receiving your services. In order to inspectand/or
geta copy of your PHI, OCHD may charge a fee for the costs of
copying, mailing, labor and supplies needed foryour request.
OCHD may deny your request to inspectand/or copy in certain limited
circumstances; however, you may ask fora review of the denial.
- AMENDMENT: You may ask to correctyour
health information if you believe it is incorrect or incomplete,
and you may request a correctionfor as long as the information
is kept by or for the OCHD. To request a correction, your request
must be in writing and givento the OCHD program where
you are receiving your services. You must giveus a reason
that supports your request for correction. OCHD will deny your
request if you do notsubmit your request (and the reason supporting
your request) in writing. Also, we may deny your request if you
ask us to correctinformation that is in our opinion: a) accurate
and complete; b) not part of the PHI kept by or for the OCHD;
c) not part of the PHI which you would be allowed inspectand
copy; or d) not created by the OCHD, unless the individual or
entitythat created the information is not available to correctthe
information.
- ACCOUNTING OF DISCLOSURES: All
of our patients have the right to request an “accounting
of disclosures”. An “accounting of disclosures” is
a list of certain non-routine releases of your PHI thatour department
has made for reasons other than treatment, payment, health care
operations, or for certain other reasons. Use of your PHI, as
a part of the routine health care in the OCHD does not haveto
be documented on this“accounting of disclosures”.For
example, the doctor sharing PHI with your nurse, or the billing
department using your PHI to file an insurance claim. In order
to getan “accounting of disclosures” you must giveyour
request in writing to the OCHD program where you are
receiving your services. All requests for an “accounting
of disclosures” must state a time period, which may not
be longer than six (6) years from the date of releaseand may
not include dates before April 14, 2003.
- RIGHT TO A PAPER COPY OF THIS NOTICE: You
have the rightto receive a paper copy of ourNotice of Privacy
Practices. You may ask us to give you a copy of this Notice at
any time. To obtain a paper copy of this Notice, contact the OCHD
program where you are receiving your services.
- RIGHT TO FILE A COMPLAINT: If
you believe your privacy rights have been violated, you may file
a complaint with:the Onondaga County Health Departmentor with
the Secretary of the Department of Health and Human Services.
To file a complaint with OCHD, contact the Privacy Administrator,
Onondaga County Health Department Administration, 421 Montgomery
St., Syracuse, New York 13202. All complaints must be submitted
in writing. You will not be retaliated against for filing a complaint.
- RIGHT TO PROVIDE AUTHORIZATION FOR OTHER
USES AND RELEASES: OCHD will getyour written permissionfor
uses and releasesthat are not identified by this Notice or
permitted or required by applicable law. Any permissionyou
provide to us aboutthe use and disclosure of your PHI may be
revoked at any time in writing, except for the information
already given out based on the authorization. Oral
revocations for HIV related information will be honored. After
you revoke your permissionwe will no longer use or releaseyour
PHI for the reasons described in the authorization.
If you have any questions regarding this Notice
or our privacy policies, please contact the Privacy Administrator,
Onondaga County Health Department Administration, 421 Montgomery
St., Syracuse, New York 13202. (315) (435-3252)
This Notice will be in effect 8/10/05
Joanne M. Mahoney
County Executive
Cynthia B. Morrow, MD, MPH
Commissioner of Health |
