Notice of Information
Notice Of Information and Privacy Practice
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
We are dedicated to protecting the confidentiality of all client health information and are required by law to do so. We maintain health records containing personal information about our clients, including your care and diagnosis. This information may identify you and pertains to past, present, or future physical or mental health, treatment, or payment for our services, referred to as “Protected Health Information” (“PHI”). This Notice of Privacy Practices (“Notice”) outlines how we may use your PHI within Apple ABA and how we may disclose it to others outside Apple ABA in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and related regulations, including the HIPAA Privacy, Security, and Breach Notification Rules. This Notice also describes your rights concerning your PHI and how you can access and control your PHI.
We are legally required to maintain the privacy of your PHI and to provide you with this Notice, explaining our legal duties and privacy practices regarding PHI. We must adhere to the obligations described in this Notice and give you a copy of it. We reserve the right to change the terms of this Notice at any time and will provide you with a copy of the revised Notice by posting it in our waiting areas, on our website, and upon request, sending a revised copy via mail or at your next appointment. The revised Notice will apply to all information we have about you. Please review this Notice carefully and let us know if you have questions.
HOW WE USE AND DISCLOSE HEALTH INFORMATION
We are permitted or required to use or disclose health information about you for specific purposes without your authorization. However, certain uses and disclosures of your health information require your authorization. The following outlines how we may use or share your health information:
Treatment
We may use your PHI to provide you with healthcare treatment or related services. We may also disclose your PHI to others who need it to provide, coordinate, or manage your healthcare treatment and related services, such as doctors, physician assistants, nurses, medical and nursing students, technicians, therapists, emergency service and medical transportation providers, medical equipment providers, and other facilities involved in your ongoing care. For example, we will allow your physician to access your treatment record to assist in your treatment and follow-up care.
Appointment Reminders
We may use your PHI to contact you with appointment reminders, inform you about possible treatment options or alternatives, or tell you about health-related services available to you.
Payment
We may use and disclose your PHI to insurers and health plans to receive payment for treatment services or supplies we provide to you. For example, your health plan or insurance company may request parts of your health information before paying for your treatment.
Healthcare Operations
We may use or disclose your PHI for healthcare operations. For example, we may combine health information about you and other persons we serve to decide what additional treatments and services to offer or which services are unnecessary.
Family Members and Others Involved in Your Care
Unless you object, we may disclose your PHI to a family member or close friend involved in your healthcare or to someone who helps pay for your care. We may also disclose your PHI to disaster relief organizations to help locate a family member or friend in a disaster.
Business Associates
We may disclose your PHI to third-party persons or organizations that perform functions on our behalf or provide services to us (“Business Associates”) if the information is necessary for such functions or services. All Business Associates are obligated under contract and HIPAA to protect the privacy of your PHI and are not permitted to use or disclose it beyond the scope of our agreement.
OTHER USES AND DISCLOSURES
Required by Law
We will use and disclose your information as required by federal, state, or local laws. For instance, we must disclose client health information to the U.S. Department of Health and Human Services to investigate complaints or ensure our compliance with HIPAA.
Public Health Activities
We may report certain health information for public health purposes, such as births, deaths, and communicable diseases to the state government. We may also need to report adverse reactions to medications or medical products to the U.S. Food and Drug Administration (FDA) or notify clients of recalls of medications or products they are using.
Public Safety
We may disclose health information for public safety purposes in limited circumstances, such as to law enforcement officers in response to a search warrant or grand jury subpoena, to help identify or locate a person, to prosecute a crime of violence, to report deaths that may have resulted from criminal conduct, and to report criminal conduct within Apple ABA. We may also disclose your PHI to law enforcement officers and others to prevent a serious threat to health or safety.
Health Oversight Activities
We may disclose health information to a government agency overseeing Apple ABA or its personnel for activities necessary for the government to provide appropriate oversight of the healthcare system, certain government benefit programs, and compliance with certain civil rights laws.
Judicial Proceedings
Apple ABA may disclose your PHI if ordered by a court or if a subpoena, discovery request, or search warrant is served. We will make a reasonable effort to notify you should we receive such an order, allowing you the opportunity to object to the disclosure of your PHI.
Marketing/Sale of Information
We will never sell your information or share it for marketing purposes without your written authorization. If we contact you for fundraising efforts, you can request not to be contacted again.
Information with Additional Protection
Certain types of health information have additional protection under state and federal law. For example, health information about communicable diseases, evaluation, and treatment for serious mental illness, etc., is treated differently than other types of PHI. In such cases, Apple ABA is required to obtain your written authorization before disclosing that information in many circumstances.
Your Written Authorization for Any Other Use or Disclosure of Your Health Information
If Apple ABA wishes to use or disclose your health information for any purpose not discussed in this Notice, we will seek your authorization. If you give your written authorization, you may revoke it at any time, unless we have already relied on it to use or disclose information. If you wish to revoke your authorization, please notify the Privacy Officer in writing.
Apple ABA NY LLC | 201.270.0222 | INFO@APPLEABACARE.COM
WHAT ARE YOUR RIGHTS?
You have the following rights regarding your PHI:
Right to Request Health Information
You have the right to request to review and copy your PHI, subject to certain limitations. Exceptions may apply as provided by law. This includes your PHI, billing records, and other records used to make decisions about your care. To request your PHI records, contact the Privacy Officer at the information below, specifying the format in which you wish to receive your records. We will provide the records in the requested format if it is readily producible. A reasonable fee may be charged for copying the information, with advance notice of the cost. Reviewing your record is free of charge. You may request a review of any decision to restrict your access to your records.
Right to Restrict Disclosure of PHI to Health Plan
Apple ABA must honor a request to restrict disclosure of PHI to a health plan if the disclosure is for payment or healthcare operations and pertains to a healthcare item or service for which the individual has paid out-of-pocket in full.
Right to Request Amendment of Health Information You Believe is Erroneous or Incomplete
If you believe some information in your record is incorrect or incomplete, you may request an amendment. Submit a written request to the email address below. If a mistake is found, a note will be added to correct the error. Requests may be denied, but you will receive a response with an explanation within 60 days.
Right to Get a List of Certain Disclosures of Health Information
You have the right to request a list of the disclosures we make of your PHI. Submit a written request to the Privacy Officer’s email address below, specifying the time period for the accounting, not exceeding six (6) years. The first accounting is free, but additional requests within the same year may incur a fee. You will be informed of the cost and can modify or withdraw your request.
Right to Request Restrictions on How Apple ABA Will Use or Disclose Your Health Information for Treatment, Payment, or Health Care Operations
You have the right to request restrictions on how we use or disclose your PHI for treatment, payment, or healthcare operations, or to persons involved in your care. While we are not required to agree to all requests, we must comply if the request relates to disclosures to a health insurance carrier or health plan and you have paid out-of-pocket in full. Requests must be in writing and sent to the Privacy Officer at the email address below, detailing the nature of the restriction and to whom it applies.
Right to Request Confidential Communications
You have the right to request confidential communication methods for your PHI. For example, you can ask us to communicate with you via email rather than phone. Submit a written request to the Privacy Officer at the email address below, specifying how and where you wish to be contacted.
Right to be Notified Following a Breach of Unsecured PHI
We are required to notify you if there is a breach of your unsecured PHI. Notification will occur within sixty (60) days of discovering the breach.
Right to Choose a Representative
If you have designated someone with medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make decisions regarding your PHI. We will verify their authority before taking any action.
How to Exercise Your Rights:
To exercise any of the rights described above, contact our Privacy Officer at:
