The Brooklyn Cancer Center | Cancer Treatment Center

HIPAA NOTICE OF PRIVACY PRACTICES

HIPAA NOTICE OF PRIVACY PRACTICES

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

INTRODUCTION
We understand that your medical information is private and confidential. Further, we are required by law to maintain the privacy of “protected health information.” “Protected health information” or “PHI” includes any individually identifiable information that we obtain from you or others that relates to your past, present, or future physical or mental health, the health care you have received, or payment for your health care. As necessary, we will share protected health information with one another to carry out treatment, payment, or health care operations relating to the services to be rendered and/or any entity under the New York Cancer & Blood Specialists network umbrella.

As required by law, this notice provides you with information about your rights and our legal duties and privacy practices with respect to the privacy of PHI. This notice also discusses the uses and disclosures we will make of your PHI. We must comply with the provisions of this notice as currently in effect, although we reserve the right to change the terms of this notice from time to time and to make the revised notice effective for all PHI we maintain. You can always request a written copy of our most current privacy notice from our reception team or on our website.

PERMITTED USES AND DISCLOSURE

We can use or disclose your PHI for purposes of treatment, payment, and health care operations. We have provided a description and an example for each of these uses and disclosures below. However, not every particular use or disclosure in every category will be listed.

Treatment means the provision, coordination, or management of your health care, including consultations between health care providers relating to your care and referrals for health care from one health care provider to another. 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. In addition, the doctor may need to contact a physical therapist to create the exercise regimen appropriate for your treatment.

Payment means the activities we undertake to obtain reimbursement for the health care provided to you, including billing, collections, claims management, determination of eligibility and coverage, and other utilization review activities. For example, we may need to provide PHI to your Third-Party Payor to determine whether the proposed course of treatment will be covered. When we subsequently bill the Third Party Payor for the services rendered to you, we can provide the Third Party Payor with information regarding your care if necessary to obtain payment. Federal or State law may require us to obtain a written release from you before disclosing certain specially protected PHI for payment purposes. We will ask you to sign a release when necessary under applicable law.

Health care operations mean the support functions of and/or any entity under the New York Cancer & Blood Specialists network umbrella. related to treatment and payment, such as quality assurance activities, case management, receiving and responding to patient comments and complaints, physician reviews, compliance programs, audits, business planning, development, management, and administrative activities. For example, we may use your PHI to evaluate the performance of our staff when caring for you. We may also combine PHI with many 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 PHI for review and learning purposes. In addition, we may remove information that identifies you so that others can use the de-identified information to study health care and health care delivery without learning who you are.

OTHER USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

We may also use your PHI in the following ways:

  • To provide appointment reminders for treatment or medical care.

  • To tell you about or recommend possible treatment alternatives or other health-related benefits and services that may be of interest to you.

  • To your family or friends or any other individual identified by you to the extent directly related to such person’s involvement in your care or payment for your care. We may use or disclose your PHI to notify or assist in the notification of a family member, a personal representative, or another person responsible for the care of your location, general condition, or death. If you are available, we will give you an opportunity to object to these disclosures, and we will not make these disclosures if you object. If you are not available, we will determine whether a disclosure to your family or friends is in your best interest, considering the circumstances and based on our professional judgment.

  • When permitted by law, we may coordinate our uses and disclosures of PHI with public or private entities authorized by law or by charter to assist in disaster relief efforts.

  • We will allow your family and friends to act on your behalf to pick up filled prescriptions, medical supplies, x-rays, and similar forms of PHI when we determine, in our professional judgment, that it is in your best interest to make such disclosures.

  • We may contact you as part of our fundraising and marketing efforts as permitted by applicable law.  You have the right to opt out of receiving such fundraising communications.

  • We may use or disclose your PHI for research purposes, subject to the requirements of applicable law.  For example, a research project may involve comparisons of the health and recovery of all patients who received a particular medication. All research projects are subject to a special approval process that balances research needs with a patient’s need for privacy. When required, we will obtain written authorization from you prior to using your health information for research.

  • We will use or disclose PHI about you when required to do so by applicable law.

  • In accordance with applicable law, we may disclose your PHI to your employer if we are retained to conduct an evaluation relating to medical surveillance of your workplace or to evaluate whether you have a work-related illness or injury. You will be notified of these disclosures by your employer or and/or any entity under the New York Cancer & Blood Specialists network umbrella as required by applicable law.

Note: Incidental uses and disclosures of PHI sometimes occur and are not considered to be a violation of your rights. Incidental uses and disclosures are by-products of otherwise permitted uses or disclosures that are limited in nature and cannot be reasonably prevented.


HIPAA NOTICE OF PRIVACY PRACTICES - continued 


SPECIAL SITUATIONS
Subject to the requirements of applicable law, we will make the following uses and disclosures of your PHI:

Organ and Tissue Donation.  If you are an organ donor, we may release PHI to organizations that handle organ procurement or transplantation as necessary to facilitate organ or tissue donation and transplantation.

Military and Veterans. If you are an Armed Forces member, we may release PHI about you as military command authorities require. We may also release PHI about foreign military personnel to the appropriate foreign military authority.

Worker’s Compensation. We may release PHI about you for programs that provide benefits for work-related injuries or illnesses.

Public Health Activities.  We may disclose PHI about you for public health activities, including disclosures:

  • to prevent or control disease, injury, or disability;

  • to report births and deaths, child abuse or neglect;

  • to persons subject to the jurisdiction of the Food and Drug Administration (FDA) for activities related to the quality, safety, or effectiveness of FDA-regulated products or services and to report reactions to medications or problems with products;

  • 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 that an adult patient has been the victim of abuse, neglect, or domestic violence. We will only make this disclosure if the patient agrees or when required or authorized by law.   

Health Oversight Activities.  We may disclose PHI to federal or state agencies that oversee our activities (e.g., providing health care, seeking payment, and civil rights).

Lawsuits and Disputes.  If you are involved in a lawsuit or a dispute, we may disclose PHI subject to certain limitations.

Law Enforcement. We may release PHI if asked to do so by a law enforcement official:

  • In response to a court order, warrant, summons, or similar process;

  • To identify or locate a suspect, fugitive, material witness, or missing person;

  • About the victim of a crime under certain limited circumstances;

  • About a death we believe may be the result of criminal conduct;

  • About criminal conduct on our premises; or

  • In emergency circumstances, to report a crime, the location of a crime or the victims, or the identity, description, or location of the person who committed the crime

Coroners, Medical Examiners, and Funeral Directors.  We may release PHI to a coroner or medical examiner. We may also release PHI about patients to funeral directors as necessary to carry out their duties.

National Security and Intelligence Activities.  We may release PHI about you to authorize federal officials for intelligence, counterintelligence, and other national security activities authorized by law or to authorized federal officials so they may provide protection to the President or foreign heads of state.

Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release PHI about you to the correctional institution or law enforcement official. This release would be necessary (1) 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.

Serious Threats.  As permitted by applicable law and standards of ethical conduct, we may use and disclose PHI if we, in good faith, believe that the use of disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public or is necessary for law enforcement authorities to identify or apprehend an individual.

Note: HIV-related information, genetic information, alcohol and/or substance abuse records, mental health records, and other specially protected health information may enjoy certain special confidentiality protections under applicable state and federal law. Any disclosures of these types of records will be subject to these special protections. 

OTHER USES OF YOUR HEALTH INFORMATION
Certain uses and disclosures of PHI will be made only with your written authorization, including uses and/or disclosures: (a) of psychotherapy notes (where appropriate); (b) for marketing
purposes; and (c) that constitute a sale of PHI under the Privacy Rule. Other uses and disclosures of PHI not covered by this notice or the laws that apply to us will be made only with your
written authorization. You have the right to revoke that authorization at any time, provided that the revocation is in writing, except to the extent that we already have taken action in reliance
on your authorization.

YOUR RIGHTS
1. You have the right to request restrictions on our uses and disclosures of PHI for treatment, payment, and health care operations. However, we are not required to agree to your
request. We are, however, required to comply with your request if it relates to a disclosure to your health plan regarding health care items or services for which you have paid the
bill in full. To request a restriction, you may make your request in writing to the Privacy Officer at NY Breast Health
2. You have the right to reasonably request to receive confidential communications of your PHI by alternative means or at alternative locations. To make such a request, you may
submit your request in writing to the Privacy Officer at NY Breast Health
3. You have the right to inspect and copy the PHI contained in your medical/billing records, except:
(i) for psychotherapy notes, (i.e., notes that have been recorded by a mental health professional documenting counseling sessions and have been separated from the rest of your
medical record);
(ii) for information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding;
(iii) for PHI involving laboratory tests when your access is restricted by law;
(iv) if you are a prison inmate, and access would jeopardize your health, safety, security, custody, or rehabilitation or that of other inmates, any officer, employee, or other person at
the correctional institution or person responsible for transporting you;
(v) if we obtained or created PHI as part of a research study, your access to the PHI may be restricted for as long as the research is in progress, provided that you agreed to the
temporary denial of access when consenting to participate in the research;
(vi) for PHI contained in records kept by a federal agency or contractor when your access is restricted by law; and
(vii) for PHI obtained from someone other than us under a promise of confidentiality when the access requested would be reasonably likely to reveal the source of the information.
(viii) In order to inspect or obtain a copy of your PHI, you may submit your request in writing to the Medical Records Section. If you request a copy, we may
charge you a fee for the costs of copying and mailing your records, as well as other costs associated with your request.
(ix) We may also deny a request for access to PHI under certain circumstances if there is a potential for harm to yourself or others. If we deny a request
(x) for access for this purpose, you have the right to have our denial reviewed in accordance with the requirements of applicable law.

 

HIPAA NOTICE OF PRIVACY PRACTICES - continued

YOUR RIGHTS - Continued
4. You have the right to request an amendment to your PHI but we may deny your request for an amendment if we determine that the PHI or record that is the subject of the request:
(i) Was not created by us, unless you provide a reasonable basis to believe that the originator of PHI is no longer available to act on the requested amendment;
(ii) Is not part of your medical or billing records or other records used to make decisions about you;
(iii) Is not available for inspection as set forth above; or
(iv) Is accurate and complete. In any event, any agreed upon amendment will be included as an addition to, and not a replacement of, already existing records. In order to request
an amendment to your PHI, you must submit your request in writing to the Medical Records Section at our office along with a description of the reason for your request.
5. You have the right to receive an accounting of disclosures of PHI made by us to individuals or entities other than to you for the six years prior to your request, except for disclosures:
(i) to carry out treatment, payment, and health care operations as provided above;
(ii) incidental to a use or disclosure otherwise permitted or required by applicable law;
(iii) pursuant to your written authorization;
(iv) to persons involved in your care or for other notification purposes as provided by law;
(v) for national security or intelligence purposes as provided by law;
(vi) to correctional institutions or law enforcement officials as provided by law;
(vii) as part of a limited data set as provided by law.
(viii) To request an accounting of disclosures of your PHI, you must submit your request in writing to the Privacy Officer at our office. Your request must state a specific time period
for the accounting (e.g., the past three months). The first accounting you request within a twelve (12) month period will be free. For additional accountings, we may charge
you for the costs of providing the list. We will notify you of the costs involved, and you may choose to withdraw or modify your request at that time before any costs are
incurred.
6. You have the right to receive a notification if there is a breach of your unsecured PHI, which requires notification under the Privacy Rule.
Complaints
If you believe your HIPAA privacy rights have been violated, you should contact the Privacy Officer by calling our office. We will not take action against you for filing a
complaint. You also may file a complaint with the Secretary of the U.S. Department of Health and Human Services, Region II Office for Civil Rights, 26 Federal Plaza, New York, NY 10278.
Contact Person
If you have any questions or would like further information about this HIPAA notice, please contact the Privacy Officer by calling our office.

Patient Rights

We respect the dignity and pride of each individual we serve. We comply with applicable Federal civil rights laws and do not discriminate on the basis of age, gender,
disability, race, color, ancestry, citizenship, religion, pregnancy, sexual orientation, gender identity or expression, national origin, medical condition, marital status,
veteran status, payment source or ability, or any other basis prohibited by federal, state, or local law. Each individual shall be informed of the patient's rights and
responsibilities in advance of administering or discontinuing patient care. We adopt and affirm as policy the following rights of patients who receive services from our facility:

Considerate and Respectful Care
• To receive ethical, high-quality, safe and professional care without discrimination
• To be free from all forms of abuse and harassment
• To be treated with consideration, respect, and recognition of their individuality, including the need for privacy in treatment. This includes the right to request the facility provide a
person of one's own gender to be present during certain parts of physical examinations, treatments or procedures performed by a health professional of the opposite sex, except in
emergencies, and the right not to remain undressed any longer than is required for accomplishing the medical purpose for which the patient was asked to undress
Information regarding Health Status and Care
• To be informed of his/her health status in terms that patient can reasonably be expected to understand, and to participate in the development and the implementation of his/her
plan of care and treatment
• The right to be informed of the names and functions of all physicians and other health care professionals who are providing direct care to the patient
• The right to be informed about any continuing health care requirements after his/her discharge from the surgery center and each patient will be provided with written discharge
instructions and, when necessary, overnight supplies. The patient shall also have the right to receive assistance from the physician and appropriate staff in arranging for required
follow-up care after discharge
• To be informed of risks, benefits and side effects of all medications and treatment procedures, particularly those considered innovative or experimental
• To be informed of all appropriate alternative treatment procedures
• To be informed of the outcomes of care, treatment and services
• To appropriate assessment and management of pain
• To be informed if the surgery center has authorized other health care and/or education institutions to participate in the patient's treatment. The patient shall also have a right to
know the identity and function of these institutions, and may refuse to allow their participation in his/her treatment

 

HIPAA NOTICE OF PRIVACY PRACTICES - continued

Decision Making and Notification
• To choose a person to be his/her healthcare representative and/or decision maker. The patient may also exercise his/her right to exclude any family members from participating in his/her healthcare decisions
• To have a family member, chosen representative and/or his or her own physician notified promptly of admission to the hospital
• To request or refuse treatment. This right must not be construed as a mechanism to demand the provision of treatment or services deemed medically unnecessary or inappropriate
• To be included in experimental research only when he or she gives informed, written consent to such participation. The patient may refuse to participate in
experimental research, including the investigations of new drugs and medical devices
• To formulate advance directives and be informed prior to receiving treatment how the surgery center will or will not comply with these directives
• To leave the surgery center against your physician's advice to the extent permitted by law
Access to Services
• To receive, as soon as possible, the free services of a translator and/or interpreter, telecommunications devices, and any other necessary services or devices
to facilitate communication between the patient and the surgery center's health care personnel (e.g., qualified interpreters, written information in other
languages, large print, accessible electronic formats)
• To bring a service animal into the facility, except where service animals are specifically prohibited pursuant to facility policy (e.g., operating rooms, areas where
invasive procedures are performed, etc.)
• To pastoral counseling and to take part in religious and/or social activities while in the surgery center, unless your doctor thinks these activities are not
medically advised
• To safe, secure and sanitary accommodation and limited refreshments prior to discharge
• To access people outside the facility by means of verbal and written communication
• To have accessibility to facility buildings and grounds. We recognize the Americans with Disabilities Act, a wide-ranging piece of legislation intended to make
American society more accessible to people with disabilities. The policy is available upon request
• To a prompt and reasonable response to questions and requests for service
Access to Medical Records
• To have his/her medical records, including all computerized medical information, kept confidential and to access information within a reasonable time frame.
The patient may decide who may receive copies of the records except as required by law
• Upon leaving the healthcare facility and in accordance with the surgery center's policies regarding records requests, patients have the right to obtain copies of
their medical records
Ethical Decisions
• To participate prior to receiving treatment in ethical decisions that may arise in the course of care including issues of conflict resolution, withholding
resuscitative services, foregoing or withdrawal of life-sustaining treatment, and participation in investigational studies or clinical trials
• If the healthcare facility or its team decides that the patient's refusal of treatment prevents him/her from receiving appropriate care according to ethical and
professional standards, the relationship with the patient may be terminated
Protective Services
• To access protective and advocacy services
• To be free from restraints of any form that are not medically necessary or are used as a means of coercion, discipline, convenience, or retaliation by staff
• To all legal and civil rights as a citizen unless otherwise prescribed by law
• To have upon request to patient's physician an impartial review of hazardous treatments or irreversible surgical treatments prior to implementation except in
emergency procedures necessary to preserve your life
• To an impartial review of alleged violations of patient rights
• To expect emergency procedures to be carried out without unnecessary delay
• To give consent to a procedure or treatment and to access the information necessary to provide such consent
• To not be required to perform work for the facility unless the work is part of the patient's treatment and is done by choice of the patient
• To file a complaint with the Department of Health, Federal, State and/or Local Agencies, or other quality improvement, accreditation or other certifying bodies
if he /she has a concern about patient abuse, neglect, about misappropriation of a patient's property in the facility or other unresolved complaints, patient
safety or quality concern

HIPAA NOTICE OF PRIVACY PRACTICES - continued

Payment and Administration
• To examine and receive an explanation of the patient's healthcare facility's bill regardless of the source of payment, and may receive upon request, information relating to the availability of known financial resources
• A patient who is eligible for Medicare has the right to know, upon request and in advance of treatment, whether the health care provider or health care facility accepts the Medicare assignment rate
• To receive, upon request, prior to treatment, a reasonable estimate of charges for medical care
• To be informed in writing about the facility policies and procedures for initiation, review, and resolution of patient complaints, including the address and telephone number of where complaints may be filed
Additional Patient Rights
• Except in emergencies, the patient may be transferred to another facility only with a full explanation of the reason for transfer, provisions for continuing care
and acceptance by the receiving institution
• To initiate their own contact with the media
• To get the opinion of another physician, including specialists, at the request and expense of the patient
• To wear appropriate personal clothing and religious or other symbolic items, as long as they do not interfere with diagnostic procedures or treatment
• To request a transfer to another area (if medically appropriate) if another patient or a visitor in the room is unreasonably disturbing him/her

PATIENT RESPONSIBILITIES

The care a patient receives depends partially on the patient him/herself. Therefore, in addition to the above rights, a patient has certain responsibilities. These should be presented to the patient in the spirit of mutual trust and respect.
• To provide accurate and complete information concerning his/her health status, medical history, hospitalizations, medications and other matters related to his/her health
• To report perceived risks in his/her care and unexpected changes in his/her condition to the responsible practitioner
• To report comprehension of a contemplated course of action and what is expected of the patient, and to ask questions when there is a lack of understanding
• To follow the plan of care established by his/her physician, including the instructions of nurses and other health professionals as they carry out the physician's orders
• To keep appointments or notifying the facility or physician when he/she is unable to do so
• To be responsible for his/her actions should he/she refuse treatment or not follow his/her physician's orders
• To assure that the financial obligations of his/her healthcare care are fulfilled as promptly as possible
• To follow facility policies, procedures, rules and regulations
• To be considerate of the rights of other patients and facility personnel
• To be respectful of his/her personal property and that of other persons in the facility
• To help staff to assess pain, request relief promptly, discuss relief options and expectations with caregivers, work with caregivers to develop a pain management plan, tell staff when pain is not relieved, and communicate worries regarding pain medication
• To inform the facility of a violation of patient rights or any safety concerns, including perceived risk in his/her care and unexpected changes in their condition.