Your Health/Clinical Information Rights
This Notice describes how Identifiable Health Information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
This Revised Notice of Privacy Practices is effective as of February 17, 2010. If you have any questions about this notice, please contact the Center for Disability Services (CFDS)
Privacy Officer, at 518-944-2129.
You have the following rights concerning your health/clinical information. When we use the word “you” in this notice, we also mean your personal representative. Depending on your circumstances and in accordance with state law, this may be your guardian, involved parent, spouse, or adult child, or your advocate.
- You have the right to review your health/clinical information and obtain a copy. Some exceptions apply, such as psychotherapy notes, records regarding incident reports and investigations and information compiled for use in court or administration proceedings. Your request to review your information should be put in writing.
- If we deny your request to see your health/clinical information, you have the right to request a review of that denial. A professional chosen by CFDS who was not involved in denying your request will review the record and decide if you may have access to the record. Denials will be explained in writing.
- You have the right to ask CFDS to change or amend your health/clinical information that you believe is incorrect or incomplete. We may deny your request in some cases, for example, if the record was not created by CFDS or if after reviewing your request, we believe that the record is accurate and complete. If we approve the request for amendment, we will change the health information and inform you of that action and tell others that need to know about the change in the PHI.
- You have the right to request a list of the disclosures CFDS has made of your health/clinical information. We will not, however, keep or provide you with a list of certain disclosures, for example, disclosures made for treatment, payment and health care operations, or disclosures made to you or made to others with your permission. This list of disclosures will also not include disclosures made for national security or intelligence purposes, to law enforcement officials or correctional institutions, or disclosures made before April, 2003.
- You have the right to ask that we limit how we disclose or use your protected health information (PHI). We will consider your request, but are not legally bound to agree to the restriction. To the extent that we do agree to any restrictions on our use/disclosure of your PHI, we will put the agreement in writing and abide by it except in emergency situations. We cannot agree to limit uses/disclosures that are required by law.
- Based on the requirements of the Health Information Technology for Economic and Clinical Health (HITECH) Act CFDS will comply with your to request to restrict information if the information is to be sent to a health plan for payment or health care operations purposes and the disclosure relates to products or services that were paid for solely out-of-pocket (unless the disclosure is otherwise required by law).
- Under the HITECH Act you have the right, if CFDS maintains an electronic health record of your information, to request access to the information in an electronic format or have the information transmitted electronically to a designated recipient.
- Under the HITECH Act you may receive an accounting of routine disclosures of PHI if the PHI is maintained in an electronic health records system, for the three year period prior to the date of the request.
- You have the right to request that CFDS communicates with you in a way that will help keep your information confidential.
- You have the right to receive a paper copy of this notice. You may ask CFDS staff to give you another copy or you may obtain one from our website at www.cfdsny.org.
To request access to your health/clinical information or to request any of the rights listed here, you may contact Medical Records at 518-437-5733.
Note: All requests must be submitted in writing.