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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:

  • your past, present, or future physical or mental condition;

  • the provision of health care; or

  • 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:

  • 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.

  • We may disclose personal health information to law enforcement officials as required.

  • 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.

  • 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.

  • 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.

  • We may disclose personal health information to the Board of Trustees of the Funds when it is necessary for claims appeals.

  • 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. 

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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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What's New
Contract
PBA in the News
PBA Press Releases
PBA Publications
From Pat Lynch
Contact Us
General Counsel
Benefits
Forms
Employment
Political Action
Outside Links
Photo Gallery
Offers & Discounts
In Memoriam