If you have any questions or wish to receive
additional information about the matters covered by this Notice of Privacy
Practices, please contact the Privacy Officer at (315)- 589-2800.
Wayne Regional Orthopaedics, PLLC, and
Fingerlakes Hand Surgery, PLLC, (the "Practice") are 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 reception area of the
Practice. 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
1. Treatment: The Practice will use and
disclose your protected health information to provide, coordinate or
manage your health care and related services by the Practice and other
health care providers, including consulting with other health care
providers about your health care or referring you to another health care
provider for treatment. For example, the Practice will disclose your
protected health care information to a specialist to whom you have been
referred to ensure that the specialist has the necessary information he or
she needs to diagnose and/or treat you.
2. Payment: The Practice will use and
disclose your protected health information, as needed, to obtain payment
for the health care the Practice provides to you. For example, prior to
providing services, the Practice may disclose to your insurance carrier
the treatment you are going to receive to ensure that your insurance
carrier will cover that treatment. Additionally, the Practice may disclose
to your insurance carrier, as necessary, the treatment you received to
ensure that the Practice is paid or you are reimbursed for the cost of
your treatment.
3. Health Care Operations: The Practice
may use or disclose your protected health information in order to support
the business activities of the Practice. These activities include, but are
not limited to, quality assessment and improvement activities, reviewing
the competence or qualification of health care professionals, conducting
training programs in which students provide treatment under the
supervision of one of the Practice’s physicians, business planning and
development and business management and general administrative activities.
For example, the Practice may disclose your protected health information
to medical school students that see patients of the Practice.
Additionally, the Practice may use your protected health information to
ensure that all of the physicians at the Practice provide the highest
quality health care.
4. Appointment Reminders: The Practice may
use or disclose your protected health information in order to contact you
and remind you of a scheduled appointment.
5. Treatment Alternatives: The Practice
may use or disclose your protected health information to inform you about
treatment alternatives.
6. Health Related Benefits and Services:
The Practice may use and disclose your protected health information to
inform you about health-related benefits and services that may be of
interest to you.
7. Fundraising Activities: The Practice
may use or disclose your protected health information to raise funds for
the Practice. If you do not wish to be contacted for fundraising purposes,
please contact the Privacy Officer at (315)-589-2800.
8. Others Involved in Your Health Care and
Disaster Relief. Unless you object, the Practice may disclose to a
family member, other relative, close personal friend or any other person
identified by you protected health information related to that person’s
involvement in your health care or payment related to your health care.
The Practice may also use or disclose to a person responsible for your
care your protected health information that relates to your location,
general condition or death. If the opportunity for you to agree or object
to any such disclosure cannot be provided due to emergency circumstances,
the Practice will make these disclosures if they are in your best
interests. Additionally, the Practice may disclose protected health
information relating to your location, general condition or death to any
public or private entity authorized to assist in disaster relief efforts.
9. Public Health: The Practice may
disclose your protected health information to a public health authority
authorized to collect such information for the purpose of:
a. preventing or controlling disease, injury or
disability;
b. reporting disease or injury;
c. reporting vital events such as births or
deaths;
d. conducting public health surveillance, public
health investigations and public health interventions; or
e. at the direction of a public health authority,
to an official of a foreign government agency acting in collaboration with
a public health authority; or
f. reporting child abuse or neglect.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. Law Enforcement Purposes. The Practice
may disclose your protected health information for law enforcement
purposes to a law enforcement official:
a. In compliance with a court order, a
court-ordered warrant, a subpoena or summons issued by a judicial officer
or an administrative request;
b. In response to a request for information for
the purposes of identifying or locating a suspect, fugitive, material
witness or missing person;
c. In response to a request about an individual
that is suspected to be a victim of a crime, if, under limited
circumstances, the Practice is not able to obtain your consent;
d. If the information relates to a death the
Practice believes may have resulted from criminal conduct;
e. If the information constitutes evidence of
criminal conduct that occurred on the premises of the Practice; and
f. In certain emergency circumstances, to alert
law enforcement of the commission and nature of a crime, the location and
victims of the crime and the identity, or description and location of the
perpetrator of the crime.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. Workers’ Compensation. The Practice
may disclose your protected health information as authorized by, and in
compliance with, laws relating to workers’ 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 id
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) disclosure’s 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 the Privacy Officer at (315)-589-2800. All complaints must
be submitted in writing. THE PRACTICE WILL
NOT RETALIATE AGAINST YOU FOR FILING A COMPLAINT.