Notice of Privacy Practices
of the
Health & Welfare Fund of
the Patrolmen's Benevolent Association of the City
of New York and Retiree Health & Welfare Fund
of the Patrolmen's Benevolent Association of the
City of New York |
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| This notice describes
how medical information about you may be used
and disclosed and how you can get access to this
information. Please review it carefully. |
The Health and Welfare Fund of the Patrolmen's
Benevolent Association of the City of New York and the
Retiree Health and Welfare Fund of the Patrolmen's Benevolent
Association of the City of New York, collectively the
"Funds", are dedicated to protecting the privacy of all
personal health information collected and maintained about
its members and their dependents in the course of providing
benefits and services to them. We have a comprehensive
privacy program in place that meets the requirements of
the Health Insurance Portability and Accountability Act
("HIPAA") Privacy Regulations, the government legislation
that sets standards for the privacy of your health information.
We are providing you with this notice to
inform you about the ways that we may use and disclose
your personal health information for the purposes of providing
benefits and services and about your rights regarding
your personal health information. Personal health information
means any information that identifies you, or that could
be reasonably expected to be able to identify you, that
relates to:
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your past, present, or future physical or mental
condition;
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the provision of health care; or
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the past, present, or future payment for the provision
of health care.
The privacy practices described in this
notice are effective as of April 14, 2003.
How Your Personal Health Information May
Be Used and Disclosed by the Funds
It is necessary for the Funds to collect,
use, and disclose personal health information in order
to provide you with health benefits such as dental, vision
and prescription drug coverage. In general, your personal
health information will be used for treatment, payment
and health care operations purposes.
Treatment
We may use and disclose personal health
information about you to health care providers such as
doctors, dentists, hospitals and pharmacies in order to
assist them in providing you with health care. For example,
we may disclose information to a dentist who is performing
a procedure for you.
Payment
We may use and disclose personal health
information for billing, claims management and collection
activities to facilitate payment for health care. For
example, we may use your personal information in order
to determine whether a particular dental procedure is
covered by the terms of the dental plan. Such information
may also be used to determine the amount we will pay your
dentist for covered services, or to reimburse you for
out-of-pocket expenses according to our fee schedule.
Health Care Operations
We may use and disclose personal health
information for certain activities in the course of running
our benefit programs such as quality assessment, auditing,
compliance reviews, fraud investigations and cost management.
For example, we may use and disclose personal health information
in reviewing the Funds compliance with federal and state
regulations.
Other Disclosures of Personal
Health Information
We may also disclose personal health information
as follows:
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We may disclose personal health information to our
business associates, who are third parties that perform
services on our behalf, such as accounting, consulting,
legal, and administrative services. We require our
business associates to provide us with contractual
assurances that they will also safeguard the privacy
of your personal health information.
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We may disclose personal health information to law
enforcement officials as required.
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We may disclose personal health information in connection
with civil legal proceedings pursuant to a court order
or as otherwise required or permitted by law.
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We may disclose personal health information to government
agencies as required or permitted by law for purposes
of the regulation of insurance or employee benefits
or in the interest of public welfare.
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We may disclose personal health information to other
people you identify who are involved in your health
care, such as a relative or friend to the extent necessary
to help you with your health care or with payment
for your health care. You may request that we restrict
or stop these disclosures by contacting the Funds
Administrator's Office.
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We may disclose personal health information to the
Board of Trustees of the Funds when it is necessary
for claims appeals.
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We may use or disclose personal health information
to inform you of available Funds benefits or other
health related benefits information that may be of
interest to you, or to inform you of treatment alternatives.
Uses and Disclosures Requiring
Your Written Authorization
The Funds have established policies and
procedures which generally limit our use and disclosure
to the situations mentioned above. There may be other
situations in which you may want to allow us to use or
disclose your personal health information. In order to
use or disclose your personal health information in situations
not described above, we will request that you sign a written
authorization to do so. A written authorization may be
revoked if we have not already acted on it. If you have
any questions regarding written authorizations please
contact the Funds Administrator's Office.
Your Rights Regarding Your Personal Health
Information
The following are your various rights under
HIPAA concerning your personal health information.
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Right to Request Restrictions.
You may request restrictions on certain uses and disclosures
of your personal health information for the purposes
of treatment, payment or health care operations.
You also have the right to request us to restrict
disclosures to other people involved in your health
care, like a family member or friend. We are not
legally required to agree with your requests, but,
if we do, we will abide by our agreement (except in
an emergency). To request restrictions, you must
make your request in writing. In your request, you
must tell us: (a) what information you want to limit;
(b) whether you want to limit our use, disclosure
or both; and (c) to whom you want the limits to apply,
for example, disclosures to your spouse.
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Right to Request Confidential Communications.
You have the right to request that we communicate
with you about your personal health information by
alternate means or at alternate locations, if you
tell us that communication in another manner would
endanger you. For example, you can ask that we only
contact you at home or only by mail. We will accommodate
reasonable requests.
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Right to Inspect and Copy Your Personal
Health Information.
In most cases, you have the right to inspect and obtain
a copy of the personal health information that we
may obtain about you. This information consists of
medical and billing records, as well as the enrollment,
payment, claims adjudication, and case or medical
management record systems or other information used
to make decisions about individuals by or for the
Funds. We may ask you to make such requests in writing,
and we may charge you a fee for the costs of copying,
mailing or other costs associated with your request.
We may deny your request to inspect and copy in certain
limited circumstances. If you are denied access to
protected health information, you may request a review
of that decision. Another health care professional
will review your request and the denial. The person
conducting the review will not be the person who denied
your request. We will comply with the outcome of
the review.
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Right to Amend Your Personal Health Information.
If you believe that your personal health information
is incorrect or that an important part of it is missing,
you have the right to ask us to amend your personal
health information while it is kept by or for us.
You must provide your request and your reason for
the request in writing. We may deny your request
if we did not create the information you want amended
or for certain other reasons. If we deny your request,
we will provide you a written explanation. You may
respond with a statement of disagreement to be included
in the information you wanted amended. If we accept
your request to amend the information, we will make
reasonable efforts to inform others, including people
you name, of the amendment and to include the changes
in any future disclosures of that information.
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Right to a List of Disclosures.
You have the right to receive a list of instances
in which we or our business associates disclosed your
protected health information for purposes other than
treatment, payment, health care operations and certain
other activities. Your request must be in writing
and the time period may not be longer than six years
and may not include dates before April 14, 2003.
If you request this list more than once in a 12 month
period, we may charge you a reasonable, cost-based
fee for responding to these additional requests.
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You have the right to request a paper copy of this
notice.
You may exercise any of the above rights
by contacting the Funds Administrator's Office.
Complaints
You also have the right to file a complaint
with the Funds if you believe that your privacy rights
have been violated. To file a complaint regarding our
privacy practices, please contact:
Geraldine Hennessy
Funds Administrator
PBA Funds Office
40 Fulton Street - 2nd Floor
New York, NY 10038
Your complaint will be reviewed by our Complaint
Committee for resolution. If you are not satisfied with
the Committee's response, you may, in certain circumstances,
file an appeal with the Board of Trustees.
You may also write to the Secretary of the
U.S. Department of Health and Human Services at:
Secretary of Health and Human Services
Department of Health and Human Services
Office for Civil Rights
Hubert R. Humphrey Building
200 Independence Avenue, S.W.
Room 509 F HHH Building
Washington, DC 20201
You will not be retaliated against or penalized
in any way for filing a complaint.
For information about
this privacy notice, please contact:
PBA Funds Office
Office of the Funds Administrator
40 Fulton Street - 2nd Floor
New York, NY 10038
(212) 349-7560
Legal Responsibilities of the PBA Funds
Office
The Funds are required by law to maintain
the privacy of your personal health information, to provide
you with a notice of our privacy practices with respect
to your personal health information, and to follow the
terms of this notice.
Notice Subject to Change
The Funds reserve the right to make revisions
to this notice. A revised notice will promptly be distributed
whenever there is a material change to the uses or disclosures,
your rights, our legal duties or other privacy practices
described in this notice.
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