At Upstate Cerebral Palsy, we understand that information about you and your family is personal. We are committed to protecting your privacy and that of your records.
Information is shared only when authorized, when is necessary for treatment, or as mandated by State or Federal Law. In accordance with the Health and Insurance Portability and Accountability Act (HIPAA), our privacy commitment to you is:
- All people involved in your care will protect your privacy and information will be shared only with the persons/organizations that you have authorized to view the information.
- Protected Health Information (PHI) includes records we keep or create that are related to your health care or treatment. This includes your medical information, treatment plan, name, address, birth date and social security number.
Upstate Cerebral Palsy is required by law to:
- Maintain the privacy of your records.
- Give you notice of our legal duties and practices concerning your health information.
- Follow the rules contained in this notice.
- Based on our right to revise the privacy notice, Upstate Cerebral Palsy will inform you of any changes in privacy practice.
Your Health/Clinical Information Rights
You have the right to:
- Review your health/clinical records and obtain a copy of the record. Your request to obtain a copy should be put in writing to the program administrator. He or she will provide you with a release form that you must complete. We will respond to your request within ten days.
- Records that may not be released include: incident reports, investigation reports and information compiled for use in court or administrative hearings.
- If your request to access information is denied by the program administrator, you may ask for a review of your request for information from other professional staff members not involved with the denial. Denials will be explained in writing.
- You may request that Upstate Cerebral Palsy change or amend your health information if you believe it is incorrect or incomplete. However, Upstate Cerebral Palsy may deny this request if we believe that the information is accurate. Information in reports not created by Upstate Cerebral Palsy may not be changed. If the amendment is approved, your record will be changed and we will inform others that need to know.
- You may request that Upstate Cerebral Palsy limit how we disclose or use your health information, however Upstate Cerebral Palsy is not legally bound to agree to this restriction.
- You may request a list of disclosures Upstate Cerebral Palsy has made of your health information. The list of disclosures will not include disclosures for treatment, payment, or health care operations within Upstate Cerebral Palsy or disclosures made to yourself. Disclosures will be recorded from 4/13/03. Your request for disclosures may cover a period of six years prior to the request. We will respond to your request within 60 days.
- To request any of these rights, please contact the program administrator.
Uses and Disclosures that Require Your Agreement and Authorization
Upstate Cerebral Palsy may release your health information following notification to you, if you agree:
- To family members and personal representatives who are involved in your care.
- To representatives of disaster relief organizations that may need to contact your family in an emergency situation.
How Upstate Cerebral Palsy Uses and Discloses Health Care Information
Upstate Cerebral Palsy may use and disclose health information without your permission only in the following situations:
- Treatment and service purposes within Upstate Cerebral Palsy and to outside health care providers who are part of your care. For example, Upstate Cerebral Palsy clinicians may discuss your health information with involved Upstate Cerebral Palsy staff or staff of other organizations who are providing care.
- Upstate Cerebral Palsy may provide health information needed to obtain payment for our services. For example, we may provide information to a funder, i.e. Medicaid, Medicare, or to your insurance company.
- Appointment reminder notifications.
- Upstate Cerebral Palsy may disclose information to determine your eligibility or to determine your ability to pay for services provided. Examples of this would be disclosures to the Social Security Administration or to Medicaid.
- Upstate Cerebral Palsy may disclose information within organization for administrative operations such as quality assurance activities, health oversight activities, treatment reviews and service reviews.
- Information in a summary format may be used to describe the scope of agency services for public relations, fund raising and/or grant applications.
- Information that identifies specific individuals is restricted unless Upstate Cerebral Palsy receives prior authorization from you.
- Information may be released when required by federal or state law or when requested by authorized federal officials for intelligence or national security.
- Information may be released to report possible domestic violence, abuse or neglect.
- Upstate Cerebral Palsy may release information for judicial, law enforcement or administrative proceedings.
- Information may be released to coroners, medical examiners or funeral directors so they may carry out their duties.
- Workers compensation cases may require the disclosure of health information.
- Upstate Cerebral Palsy may disclose health information for research studies only if you have agreed to participate in these studies and the use of your health information has been approved by an institutional review board by the agency conducting the research.
- To correctional institutions or law enforcement officials if you are an inmate and the information is necessary for your care or health of others.
Authorization Required for All Other Uses and Disclosures
For all other types of uses and disclosures not described in this notice, Upstate Cerebral Palsy will use or disclose health information only with a written authorization signed by you or your authorized personal representative. The disclosure authorization form may be obtained from your program administrator. Written authorization is always required for use/disclosure of psychotherapy notes and for marketing purposes which identify an individual.
You may revoke your authorization at any time but you must do so in writing. If you revoke your authorization in writing we will no longer use or disclose your information for the reasons stated in the authorization. We cannot retrieve any disclosures made prior to revoking your authorization. We must also retain your health information that indicated the services we have provided to you.
Note: If you cannot give permission due to an emergency, Upstate Cerebral Palsy may release health information in your best interest.
YOU MAY CONTACT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AT 877-696-6775 OR AT:
Department of Health and Human Services
200 Independence Ave. SW
Washington, DC 20201
Office of Civil Rights
26 Federal Plaza, Room 3312
New York, NY 10278
All complaints made by telephone must be followed with a written complaint. You will NOT be penalized for filing a complaint.
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