Privacy Practices Releases and Disclaimers – Birthing Center of New York

During your treatment at The Birthing Center of New York, our caregivers may gather information about your medical history and current health. This Notice of Privacy Practices explains how that information may be used and shared with others. It also explains your privacy rights regarding this information.

Uses and Disclosures of Your Health Information

New York Birthing Center may use health information to carry out treatment, payment and health care operations.

Treatment is the provision, coordination or management of health care. For example, we may use and disclose your information to consult with a third party or to refer you to other health care providers.
Payment includes the activities necessary to obtain reimbursement for the provision of health care. For example, we may need to give your health plan information about treatment you received at New York Birthing Center so your health plan will pay us or reimburse you for the treatment.
Health care operations include the activities necessary for New York Birthing Center to run its business operations. For example, we may use your information to review treatment and services and to evaluate the performance of our staff.

We may use or disclose your health information:

When required by federal, state or local law.
To support public health activities by reporting as required or authorized by state or federal law. These reports may include the reporting of exposure to a communicable disease or risk of spreading a disease or condition.
To cooperate with law enforcement officials for certain law enforcement purposes as directed by a court order, warrant, criminal subpoena or other lawful process.
To report abuse or neglect.
To support health oversight activities that are authorized by law, such as administrative or criminal investigations, inspections, licensure or disciplinary actions and other similar activities necessary for appropriate oversight of government benefit programs or functions.
When required by a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death or other duties as required by law.
When necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public and the disclosure is to a person reasonably able to prevent or lessen the threat, as consistent with applicable law and standards.
For judicial or administrative proceedings, in response to a valid court order, administrative order, a grand jury subpoena or with your written consent,
For research purposes, with your written authorization or as permitted by law.
To business associates to perform functions on behalf of New York Birthing Center, if the business associate has signed an agreement to protect the confidentiality of the information.

We may disclose your health information to a family member, other relatives, or a close friend or any other person you identify if the information relates to that person’s involvement in your health care and if you consent to such a disclosure. If you are unable to agree or object to the use or disclosure, we may disclose such information as necessary if we determine that it is in your best interest.

Uses or Disclosures for Other Purposes Only with Your Authorization

Your written authorization to use and disclose your health information is required in order for us to: use and disclose psychotherapy notes containing your health information (to the extent we hold any); send marketing communications to you (if we will receive payment for making a marketing communication, we will state this in the authorization); and receive payment in exchange for your health information,

In addition to the above situations, any other uses and disclosures of your health information not described elsewhere in this Notice will be made only with your prior written authorization.

State laws may be more stringent and may prohibit certain uses and disclosures identified above. When state law is more protective of your privacy, we will follow that state law. For example, some state laws require additional protection for records related to mental health treatment, drug and alcohol treatment and HIV-related information.

Patient Rights

Inspect and obtain a copy of your health information. You have a right to inspect and obtain a copy of your health information that is used to make decisions about your care for as long as New York Birthing Center maintains the information. You may request an electronic copy of this health information that we maintain electronically. This right does not apply to certain health information, including information compiled in reasonable anticipation of or for litigation. Requests for access to health information should be made in writing to the New York Birthing Center Privacy Office. You may also ask us to provide a copy of this health information to another person. In that case, your written request must be signed by you, must clearly identify the person to whom you want us to send the copy of your health information and must state where the copy is to be sent. If access is denied, you will be provided with a written explanation that sets forth the basis for the denial, a description of how you may review those rights and a description of how you may complain.

Request an amendment. You have the right to request that New York Birthing Center amend your health information if it is incorrect or incomplete. Requests for amendment of information should be made in writing to the New York Birthing Center Privacy Office, and you must provide a reason that supports your request to have the information changed. New York Birthing Center may deny your request for an amendment if the request is not in writing and submitted to the Privacy Office at the address on the back of this brochure. In addition, we may deny your request if you ask us to amend information that: (a) was not created by New York Birthing Center (unless the person or entity that created the information is no longer available to make the amendment); (b) is not part of the medical information kept by New York Birthing Center; (c) is not part of the information you would be permitted to inspect and copy; or (d) is accurate and complete.

Receive an accounting of disclosures. At your request, The Birthing Center of New York will provide you with an accounting of disclosures by The Birthing Center of New York of your health information duringthe six years prior to the date of your request. However, such accounting will not include certain disclosures, such as those made: (1) to carry out treatment, payment or health care operations; (2) directly to you or your personal representatives; or (3) based on your written authorization. If you request more than one accounting within a 12-month period, The Birthing Center of New York will charge a reasonable, cost-based fee for each subsequent accounting. Requests for a request of an accounting of disclosures should be made in writing to the The Birthing Center of New York Privacy Office at the address on the back of this brochure.

Request communications by alternative means or at alternative locations. You have the right to request confidential communications by alternative means or at alternative locations. For example, you may request that we communicate with you only by mail. We will accommodate all reasonable requests, but your request must specify how or where you wish to be contacted, and we may require you to provide information about how payment will be handled. You must request confidential communications in writing.

Request a general restriction. A general restriction is one that restricts or limits our use or disclosure of your health information. To request a general restriction, you must identify in this request: (1) what particular information you would like to limit; (2) whether you want to limit use, disclosure or both; and (3) to whom you want the limits to apply. We will consider your request but are not required to agree. We have the right to terminate the restriction if: (a) you agree orally or in writing to terminate the restriction, or (b) if we inform you of the termination, which becomes effective only for your health information created or received after we inform you of the termination. These requests should be made in writing to the The Birthing Center of New York Privacy Office at the address on the back of this brochure.

Request a plan restriction. A plan restriction is one that meets the following three conditions: (1) it is to restrict disclosure of your health information to a health plan for purposes of payment or health care operations; (2) the health information relates solely to a health care item or service for which you, or someone on your behalf, has paid us in full; and (3) the disclosure is not otherwise required by law. If you wish to request a plan restriction, you must do so separately for each service visit, and must make your request at the The Birthing Center of New York before your visit. Otherwise The Birthing Center of New York will automatically submit the claim to your health plan on record, if any, for payment. We will not agree to a plan restriction unless we have first received payment in full for the item or service. We will also not agree to a plan restriction if by law we are required to submit your health information to the plan. If we do agree to a restriction, we will not apply the restriction in the event of an emergency.

Tree of Life & Photo Release Policy

You hereby grant The Birthing Center of New York permission to use your child, your family, friends, pets and any other likeness in the pictures, photographs, video, or other digital media (“photo”) you upload/email in any and all of its publications, including web-based publications, without payment or other consideration.

You understand and agree that all photos will become the property of The Birthing Center of NY and will not be returned.

You hereby irrevocably authorize The Birthing Center of New York to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, you waive any right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photos, digital media or videos.

You hereby hold harmless, release, and forever discharge The Birthing Center of New York from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.

You further grant The Birthing Center of New York all right, title, and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant The Birthing Center of NY the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit.

You hereby waive the right to receive any payment for signing this release and waive the right to receive any payment for The Birthing Center of New York use of any of the material described above for any of the purposes authorized by this release.

Social Media Policy

The information posted to the social media sites is not medical advice and should not be taken as medical advice. Please contact your physician if you have any personal medical questions.

The Birthing Center of New York supports and encourages the use of social media. We encourage our community to share their stories and experiences at The Birthing Center of New York on our various social media outlets.

Please keep in mind, your comments and postings are not private and can be seen by other people. We recommend you do not post anything you would not want a broad audience on the Internet to read. We caution you against posting any information that could make you vulnerable to financial or medical identity theft, such as your financial information or your insurance number. In addition, for your privacy, we recommend that you not post any other private information.

The opinions and comments posted by others on our various social media sites are not the opinions of The Birthing Center of New York, its officers, employees, staff members, or clinicians. We reserve the right to edit and remove posts if deemed necessary without notifying you. Please note that The Birthing Center of New York cannot provide patient-specific information in responses to posts made about patient status or treatment provided at our hospitals or clinics due to federal privacy regulations (HIPAA). You agree that all posts and submitted information become the property of The Birthing Center of NY and can be used in any manor edited or not at the centers discretion without any claims by you to compensation or complaint.

You agree to use the social media sites in a responsible manner and will not use the sites to:
• Post offensive comments;
• Use offensive language;
• Defame or personally attack another person;
• For illegal activities;
• To harass another person;
• To promote organizations or events not related to the content of the site; or
• To release private information about a patient

Changes to Our Policies

The Birthing Center of New York reserves the right to change its privacy practices and this Notice, and to apply the changes to any health information received or maintained by The Birthing Center of New York prior to the date of the changes. Visit our website at: nybirthingcenter.com to review any updates.