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NOTIFICATION
OF PRIVACY RIGHTS FOR PROMESA SYSTEMS, INC., PATIENTS
General
Information
Information regarding your health care, including payment for
health care, is protected by two federal laws: The Health Insurance Portability
and Accountability Act of 1996 ("HIPAA"), 42 U.S.C. §§
1320D ET. SEQ., 45 C.F.R. Parts 160 & 164, and the Confidentiality
Law, 42 U.S.C. §§ 290dd-2, 42 C.F.R. Part 2. Under these laws,
Promesa may not say to a person outside Promesa that you attend the program,
nor may Promesa disclose any information identifying you as an alcohol
or drug abuser, or disclose any other protected information except as
permitted by federal law.
Promesa must obtain
your written consent before it can disclose information about you for
payment purposes. For example, Promesa must obtain your written consent
before it can disclose information to your health insurer in order to
be paid for services. Generally, you must also sign a written consent
before Promesa can share information for treatment purposes or for health
care operations. However, federal law permits Promesa to disclose information
without your written permission:
1. Pursuant to an
agreement with a business associate;
2. For research, audit or evaluations;
3. To report a crime committed on Promesa premises or against Promesa
personnel;
4. To medical personnel in a medical emergency;
5. To appropriate authorities to report suspected child abuse or neglect
6. As allowed by a court order
For example, Promesa
can disclose information without your consent to obtain legal or financial
services, or to another medical facility to provide health care to you,
as long as there is a business associate agreement in place.
Before Promesa can
use or disclose any information about your health in a manner which is
not described above, it must first obtain your specific written consent
allowing it to make the disclosure. Any such written consent may be revoked
by you in writing.
Your
Rights
Under HIPAA
you have the right to request restrictions on certain uses and disclosures
of your health information. Promesa is not required to agree to any restrictions
you request, but if it does agree then it is bound by that agreement and
may not use or disclose any information which you have restricted except
as necessary in a medical emergency. You have the right to request that
we communicate with you by alternative means or at an alternative location.
Promesa will accommodate such requests that are reasonable and will not
request an explanation from you. Under HIPAA you also have the right to
inspect and copy your own health information maintained by Promesa, except
to the extent that the information contains psychotherapy notes or information
compiled for use in a civil criminal or administrative proceeding or in
other limited circumstances. Under HIPAA you also have the right, with
some exceptions, to amend health care information maintained in Promesa's
records, and to request and receive an accounting of disclosure of your
request. You also have the right to receive a paper copy of this notice.
Promesa
Duties
Promesa
is required by law to maintain the privacy of your health information
and to provide you with notice of its legal duties and privacy practices
with respect to your health information. Promesa is required by law to
abide by the terms of this notice. Promesa reserves the right to change
the terms of this notice and to make new notice provisions effective for
all protected health information it maintains.
Complaints
and Reporting Violations
You may
complain to Promesa and the Secretary of the United States Department
of Health and Human Services If you believe that your privacy rights have
been violated under HIPAA. You may contact John McGlynn, The Director
of Quality Management, at 718 299-1100 x3061. You will not be retaliated
against for filing such a complaint.
Violation of the Confidentiality Law by a program is a crime. Suspected
violations of the Confidentiality Law may be reported to the United States
Attorney in the district where the violation occurs.
Contact
For further
information, contact Mr. John McGlynn, Director of Quality Management
at 718 299-1100 x3061.
Effective
Date
April 14,
2003 (NB: Promesa Systems, Inc. includes Promesa Inc., Casa Promesa and
East Harlem Council for Community Improvement, Inc.)
HIPAA
- PRIVACY
Other
folders within the "Certification and Compliance" section,
will be added at another time.
PUBLIC
NOTICE
CASA
PROMESA-RHCF
BRONX, NY
Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act, and the Equal Opportunity
Act, provides that no person in the United States, on the grounds of race,
color, creed, religion, national origin, age, sex, or handicap, be denied
the benefits of or be subjected to discrimination under any of our programs,
activities, financial assistance programs, admission policies, training
programs, or employment practices. It is the policy of this facility that
admission, recruitment, employment, and all administrative practices be
conducted in compliance with these Acts. Grievance procedures for all
personnel have been implemented for resolving complaints that provide
for immediate levels of discussion, fact finding, hearing and appeal to
the administrator, if necessary, without fear of reprisal of any form.
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