EC DOH: HIPAA Notice of Privacy Practices

Public Health Laboratory

HIPAA Notice of Privacy Practices

Erie County Department Of Health
HIPAA Notice Of Privacy Practices
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 about this notice, please contact:
Privacy Officer
Erie County Department of Health
95 Franklin Street
Buffalo, New York 14202

Who Will Follow This Notice?

This notice describes the Erie County Department of Health's practices and that of:

Any health care professional authorized to enter information into your Health Department chart. All departments and units of the Department of Health. Any member of a volunteer group we allow to help you while you are in the clinic. All employees, staff and other Department of Health personnel. All Erie County Department of Health sites and locations follow the terms of this notice. In addition, these sites and locations may share medical information with each other for treatment, payment or operations purposes described in this notice.

Our Pledge Regarding Medical Information

We understand that medical information about you and your health is personal. We are committed to protecting medical information about you. We create a record of the care and services you receive at the Erie County Department of Health. We need this record to provide you with quality care and to comply with certain legal requirements. This notice will tell you about the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information.

We are required by law to:

make sure that medical information that identifies you is kept private;
give you this notice of our legal duties and privacy practices with respect to medical information about you;
post this notice in our facility; and
follow the terms of the notice that is currently in effect.

How We May Use And Disclose Medical Information About You

The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

For Treatment

We may use medical information about you to provide you with medical treatment or services. We may disclose medical information about you to doctors, nurses, technicians, medical students, or other Erie County Department of Health personnel who are involved in taking care of you. For example, a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process. Different departments of the Erie County Department of Health may share medical information about you in order to coordinate the different things you need, such as prescriptions, lab work and x rays. With your specific written authorization, we may disclose medical information about you to people outside the Erie County Department of Health who may be involved in your medical care such as family members or others we use to provide services that are part of your care.
For Payment

We may use and disclose medical information about you so that the treatment and services you receive may be billed to and payment may be collected from you, an insurance company or a third party. For example, we may need to give your health plan information about services you received so your health plan will pay us or reimburse you for the services. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.
For Health Care Operations

We may use and disclose medical information about you for our operations. These uses and disclosures are necessary to run the Erie County Department of Health and to make sure that all of our patients receive quality care. For example, we may use medical information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may also combine medical information about many Erie County Department of Health patients to decide what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose information to doctors, nurses, technicians, medical students, and other Erie County Department of Health staff for review and learning purposes.
Appointment Reminders

We may contact you as a reminder that you have an appointment for treatment or medical care.
Treatment Alternatives

We may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.
Health Related Benefits and Services

We may use and disclose medical information to tell you about health related benefits or services that may be of interest to you.
Research

Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health and recovery of all patients who received one medication to those who received another, for the same conditin. All research projects, however, are subject to a special approval process. This process evaluates a proposed research project and its use of medical information, trying to balance the research needs with patients' need for privacy of their medical information. Before we use or disclose medical information for research, the project will have been approved through this research approval process.
As Required By Law

We will disclose medical information about you when required to do so by federal, state or local law.
To Avert a Serious Threat to Health or Safety

We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.

Special Situations

Military and Veterans

If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.
Workers' Compensation

Upon your written authorization, we may release medical information about you for workers' compensation or similar programs. These programs provide benefits for work related injuries or illness.
Public Health Risks

We may disclose medical information about you for public health activities. These activities generally include the following:
- to prevent or control disease, injury or disability;
- to report births and deaths;
- to report child abuse or neglect;
- to report reactions to medications or problems with products;
- to notify people of recalls of products they may be using;
- to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
- to notify the appropriate government authority if we believe a patient has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law.
Disaster Relief

We may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status and location.
Health Oversight Activities

We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.
Lawsuits and Disputes

If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order, judicial subpoena, discovery request, or other lawful process.
Law Enforcement

We may release medical information if asked to do so by a law enforcement official:
- In response to a court order, subpoena, warrant, summons or similar process;
- To identify or locate a suspect, fugitive, material witness, or missing person;
- About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement;
- About a death we believe may be the result of criminal conduct;
- About criminal conduct at the Erie County Department of Health; or
- In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.
Coroners and Medical Examiners

We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death.
National Security and Intelligence Activities

We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
Protective Services for the President of the U.S. and Others

We may disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.
Inmates

If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.

Your Rights Regarding Medical Information About You

You have the following rights regarding medical information we maintain about you:

Right to Inspect and Copy

You have the right to inspect and/or receive copies of medical information that may be used to make decisions about your care. Usually, this includes medical and billing records.

To inspect and/or receive copies of medical information that may be used to make decisions about you, you must submit your request in writing to: Privacy Officer, Erie County Department of Health, 95 Franklin Street, Buffalo, NY 14202. 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, as permitted by New York law.

We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request a review of the denial under New York State law. Another licensed health care professional chosen by the Erie County Department of Health will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
Right to Amend

If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the Erie County Department of Health.

To request an amendment, your request must be made in writing and submitted to:
Privacy Officer, Erie County Department of Health, 95 Franklin Street, Buffalo, NY 14202. In addition, you must provide a reason that supports your request.

We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:
- Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
- Is not part of the medical information kept by or for the Erie County Department of Health;
- Is not part of the information that you would be permitted to inspect and copy; or
- Is accurate and complete.
Right to an Accounting of Disclosures

You have the right to request an "accounting of disclosures." This is a list of the disclosures we made of medical information about you.

To request this list or accounting of disclosures, you must submit your request in writing to: Privacy Officer, Erie County Department of Health, 95 Franklin Street, Buffalo, NY 14202. Your request must state a time period which may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you want the list (for example, on paper, electronically). The first list you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

We are not required to provide an accounting of disclosures under certain circumstances. For example, if you requested us to make the disclosure to a third party through your written authorization, or if the disclosure is for purposes of treatment, payment, or healthcare operations, we are not required to provide you an accounting.
Right to Request Restrictions

You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on 'the medical information we disclose about you to someone who is involved in your care or the payment for your care.
We are not required to agree to your request

If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment.

To request restrictions, you must make your request in writing to: Privacy Officer, Erie County Department of Health, 95 Franklin Street, Buffalo, NY 14202. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply.
Right to Request Confidential Communications

You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail.

To request confidential communications, you must make your request in writing to: Privacy Officer, Erie County Department of Health, 95 Franklin Street, Buffalo, NY 14202. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.
Right to a Paper Copy of This Notice

You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.

To obtain a paper copy of this notice, contact: Privacy Officer, Erie County Department of Health, 95 Franklin Street, Buffalo, NY 14202.

Changes To This Notice

We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice in the Erie County Department of Health. The notice will contain on the first page, in the top right hand corner, the effective date. In addition, when you register at or are admitted to the Erie County Department of Health for treatment or health care services, we will offer you a copy of the current notice in effect.

Complaints

If you believe your privacy rights have been violated, you may file a complaint with the Erie County Department of Health or with the Secretary of the Department of Health and Human Services. To file a complaint write to: Privacy Officer, Erie County Department of Health , 95 Franklin Street, Buffalo, NY 14202. All complaints must be submitted in writing.

You will not be penalized for filing a complaint.

Other Uses Of Medical Information.

Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you.

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