Certification and Compliance

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.

 

Promesa Systems, Inc.

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