HIPAA NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

If you have any questions about this notice, please contact Taylor Newhall at (646) 395-1114.

OUR OBLIGATIONS:

We are required by law to:

1.     Maintain the privacy of protected health information;

2.     Give you this notice of our legal duties and privacy practices regarding health information about you;

3.     Notify you in the event of a breach of unsecured protected health information; and

4.     Follow the terms of our notice that is currently in effect.

HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION:

The following describes the ways we may use and disclose protected health information that identifies you (PHI).  Except for the purposes described below, we will use and disclose PHI only with your written permission.  You may revoke such permission at any time by writing to our office at 26 East 36th Street, New York, NY 10016.

For Treatment.  We may use and disclose PHI for your treatment and to provide you with treatment-related services. For example, we may disclose PHI to doctors, nurses, technicians, or other personnel, including people outside our office, who are involved in your medical care and need the information to provide you with medical care.

For Payment.  We may use and disclose PHI so that we or others may bill and receive payment from you, an insurance company or a third party for the services you received. For example, we may give your health plan information about you so that they will pay for your treatment.

For Health Care Operations.  We may use and disclose PHI for health care operations purposes. These uses and disclosures are necessary to make sure that all of our clients receive quality care and to operate and manage our office.  For example, we may use and disclose information to make sure that the therapies you receive are of the highest quality.  We also may share information with other entities that have a relationship with you (for example, your health plan) for their health care operation activities.

Appointment Reminders, Treatment Alternatives and Health Related Benefits and Services.  We may use and disclose PHI to contact you to remind you that you have an appointment with us. We also may use and disclose PHI to tell you about treatment alternatives or health-related benefits and services that may be of interest to you.

Research.  Under certain circumstances, we may use and disclose PHI for research.  For example, a research project may involve comparing the health of patients who received one treatment to those who received another, for the same condition.  Before we use or disclose PHI for research, the project will go through a special approval process. Even without special approval, we may permit researchers to look at records to help them identify patients who may be included in their research project or for other similar purposes, as long as they do not remove or take a copy of any PHI.

Fundraising.  We may use and disclose the following PHI to a Business Associate or an institutionally related foundation for the purpose of raising funds; however, you may opt out of receiving communications relating to such fundraising activities.

1.     Demographic information, including name, address, other contact information, age, gender, and date of birth;

2.     Department of service information;

3.     Participating therapist;

4.     Outcome information; and

5.     Health insurance status.

As Required by Law.  We will disclose PHI when required to do so by international, federal, state or local law.

To Avert a Serious Threat to Health or Safety.  We may use and disclose PHI when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Disclosures, however, will be made only to someone who may be able to help prevent the threat.

Business Associates.  We may disclose PHI to our business associates that perform functions on our behalf or provide us with services if the information is necessary for such functions or services.  For example, we may use another company to perform billing services on our behalf.  All of our business associates are obligated to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract.

Military and Veterans.  If you are a member of the armed forces, we may release your PHI as required by military command authorities.  We also may release your PHI to the appropriate foreign military authority if you are a member of a foreign military.

Workers’ Compensation.  We may release PHI for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.

Public Health Risks.  We may disclose PHI for public health activities.  These activities generally include disclosures to prevent or control disease, injury or disability; report births and deaths; report child abuse or neglect; report reactions to medications or problems with products; notify people of recalls of products they may be using; a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and the appropriate government authority if we believe a patient has been the victim of abuse, neglect or domestic violence.  We will only make this disclosure if you agree or when required or authorized by law.

Health Oversight Activities.  We may disclose PHI to a health oversight agency for activities authorized by law.  These oversight activities include, for example, audits, investigations, inspections, and licensure.  These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.

Data Breach Notification Purposes.  We may use or disclose your PHI to provide legally required notices of unauthorized access to or disclosure of your health information.

Lawsuits and Disputes.  If you are involved in a lawsuit or a dispute, we may disclose PHI in response to a court or administrative order.  We also may disclose PHI in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.

Law Enforcement.  We may release PHI if asked by a law enforcement official if the information is: (1) in response to a court order, subpoena, warrant, summons or similar process; (2) limited information to identify or locate a suspect, fugitive, material witness, or missing person; (3) about the victim of a crime even if, under certain very limited circumstances, we are unable to obtain the person’s  agreement; (4) about a death we believe may be the result of criminal conduct; (5) about criminal conduct on our premises; and (6) in an emergency to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.

SPECIAL SITUATIONS TO WHICH YOU MAY OBJECT:  The following describes special situations in which we may use or disclose PHI, unless you object to such use or disclosure in writing:

Individuals Involved in Your Care or Payment for Your Care.  Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, your PHI that directly relates to that person’s involvement in your health care.  If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment.

Disaster Relief.  We may disclose your PHI to disaster relief organizations that seek your PHI to coordinate your care, or notify family and friends of your location or condition in a disaster.  We will provide you with an opportunity to agree or object to such a disclosure whenever we practically can do so.

USES AND DISCLOSURES FOR WHICH YOUR WRITTEN AUTHORIZATION IS REQUIRED.  The following uses and disclosures of your PHI will be made only with your written authorization:

1.     Uses and disclosures of PHI for marketing purposes, unless the communication is face-to-face, or in the form of a promotional gift of nominal value provided by us;

2.     Disclosures that constitute a sale of your PHI;

3.     Uses and disclosures of psychotherapy notes, except to the extent required to carry out treatment, payment or health care operations; and

4.     Other uses and disclosures of PHI not covered by this Notice of Privacy Practices or the laws that apply to us will be made only with your written authorization.  If you give us an authorization, you may revoke it at any time by submitting a written revocation to our office and we will no longer disclose your PHI under the authorization.  But disclosure that we made in reliance on your authorization before you revoked it will not be affected by the revocation.

YOUR RIGHTS:

You have the following rights regarding PHI we have about you:

Right to Request Confidential Communications.  You have the right to receive communications of PHI from us via reasonable alternate means or at alternate locations.  Such requests must be made in writing, and we will attempt to make reasonable accommodations for such requests

Right to Inspect and Copy.  You have a right to inspect and copy PHI that may be used to make decisions about your care or payment for your care.  This includes therapy and billing records, other than psychotherapy notes.  To inspect and copy this PHI, you must make your request, in writing, to Taylor Newhall.

Obtaining Records.  We have up to 30 days to make your PHI available to you and we may charge you a reasonable fee for the costs of copying, mailing or other supplies associated with your request.  We may not charge you a fee if you need the information for a claim for benefits under the Social Security Act or any other state or federal needs-based benefit program.  We may deny your request in certain limited circumstances.  If we deny your request, you have the right to have the denial reviewed by a licensed healthcare professional who was not directly involved in the denial of your request, and we will comply with the outcome of the review.

Right to an Electronic Copy of Electronic Records.  If your PHI is maintained in an electronic format, you have the right to request that an electronic copy of your records be given to you or transmitted to another individual or entity.  We will make every effort to provide access to your PHI in the form or format you request, if it is readily producible in such form or format.  If the PHI is not readily producible in the form or format you request, your record will be provided in either our standard electronic format or, if you do not want this form or format, a readable hard copy form.  We may charge you a reasonable, cost-based fee for the labor associated with transmitting the electronic record.

Right to Get Notice of a Breach.  You have the right to be notified upon a breach of any of your unsecured PHI.

Right to Amend.  If you feel that PHI we have is incorrect or incomplete, you may ask us to amend the information.  You have the right to request an amendment for as long as the information is kept by or for our office.  To request an amendment, you must make your request, in writing, to [insert name and address of person to whom request can be made].

Right to an Accounting of Disclosures.  You have the right to request a list of certain disclosures we made of PHI for purposes other than treatment, payment and health care operations or for which you provided written authorization.  To request an accounting of disclosures, you must make your request, in writing, to [insert name and address of person to whom request can be made].

Right to Request Restrictions.  You have the right to request a restriction or limitation on the PHI we use or disclose for treatment, payment, or health care operations.  You also have the right to request a limit on the PHI we disclose to someone involved in your care or the payment for your care, like a family member or friend.  For example, you could ask that we not share information about a particular diagnosis or treatment with your spouse.  To request a restriction, you must make your request, in writing, to Taylor Newhall.  We are not required to honor your request unless it relates to uses and disclosures required to carry out treatment, payment or health care operations, or in the case of out-of-pocket payments as described below.  If we agree, we will comply with your request unless the information is needed to provide you with emergency treatment.

Out-of-Pocket-Payments.  If you paid out-of-pocket (or in other words, you have requested that we not bill your health plan) in full for a specific item or service, you have the right to ask that your PHI with respect to that item or service not be disclosed to a health plan for purposes of payment or health care operations, and we will honor that request.

Right to Request Confidential Communications.  You have the right to request that we communicate with you about medical matters in a certain way or at a certain location.  For example, you can ask that we only contact you by mail or at work.  To request confidential communications, you must make your request, in writing, to Taylor Newhall.  Your request must specify how or where you wish to be contacted.  We will accommodate reasonable requests.

Right to a Paper Copy of This Notice.  You have the right to a paper copy of this notice.  You may ask us to give you a copy of this notice at any time.  Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.  You may obtain a copy of this Notice of Privacy Practices on our website at www.tournesolwellness.com.  To obtain a paper copy of this notice, please ask the staff at the front desk.

 

CHANGES TO THIS NOTICE:

We reserve the right to change this notice and make the new notice apply to PHI we already have as well as any information we receive in the future.  We will post a copy of our current notice at our office.  The notice will contain the effective date on each page, in the bottom right-hand corner.

COMPLAINTS:

If you believe your privacy rights have been violated, you may file a complaint with our office or with the Secretary of the Department of Health and Human Services.  To file a complaint with our office, contact Taylor Newhall.  All complaints must be made in writing.  You will not be penalized for filing a complaint.