Privacy Policy

Janet K. Kennedy PhD
917-834-0107
jkkennedy@nycsleepdoctor.com

Notice of Privacy Practices

This notice describes how health information may be used and disclosed and how you can get access to this information. Please review it carefully.

I. My Pledge Regarding Health Information

I understand that health information about you and your health care is personal. I am committed to protecting health information about you. I create a record of the care and services you receive from me. I need this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care generated by this mental health care practice. This notice will tell you about the ways in which I may use and disclose health information about you. I also describe your rights to the health information I keep about you, and describe certain obligations I have regarding the use and disclosure of your health information. I am required by law to:

  • Make sure that protected health information (“PHI”) that identifies you is kept private.
  • Give you this notice of my legal duties and privacy practices with respect to health information.
  • Follow the terms of the notice that is currently in effect.
  • I can change the terms of this notice, and such changes will apply to all information I have about you. The new notice will be available upon request, in my office, and on my website.

II. How I May Use and Disclose Health Information About You

The following categories describe different ways that I use and disclose health information. For each category of uses or disclosures I will explain what I mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways I am permitted to use and disclose information will fall within one of the categories.

For Treatment, Payment, or Health Care Operations: Federal privacy rules allow health care providers who have a direct treatment relationship with the patient/client to use or disclose personal health information without written authorization to carry out treatment, payment, or health care operations. I may also disclose your protected health information for the treatment activities of another health care provider. For example, if a clinician consults with another licensed provider about your condition, we may share information to assist in diagnosis and treatment.

Disclosures for treatment purposes are not limited to the minimum necessary standard because providers need access to complete information to provide quality care. “Treatment” includes coordination between providers, consultations, and referrals.

Lawsuits and Disputes: If you are involved in a lawsuit, I may disclose health information in response to a court or administrative order. I may also disclose information in response to a subpoena or lawful process, provided appropriate efforts have been made to notify you or secure a protective order.

III. Certain Uses and Disclosures Require Your Authorization

  1. Psychotherapy Notes: I do keep psychotherapy notes as defined by law, and their use or disclosure requires your authorization unless used:
    1. For my use in treating you.
    2. For training or supervising mental health practitioners.
    3. To defend myself in legal proceedings initiated by you.
    4. For investigations of HIPAA compliance.
    5. When required by law.
    6. For certain health oversight activities.
    7. By a coroner performing legal duties.
    8. To prevent a serious threat to health or safety.
  2. Marketing Purposes: I will not use or disclose your PHI for marketing purposes.
  3. Sale of PHI: I will not sell your PHI in the regular course of my business.

IV. Certain Uses and Disclosures Do Not Require Your Authorization

  1. When disclosure is required by state or federal law.
  2. For public health activities, including reporting suspected abuse or preventing serious threats.
  3. For health oversight activities, including audits and investigations.
  4. For judicial and administrative proceedings.
  5. For law enforcement purposes.
  6. To coroners or medical examiners.
  7. For research purposes.
  8. For specialized government functions.
  9. For workers’ compensation purposes.
  10. For appointment reminders and health-related services.

V. Certain Uses and Disclosures Require You to Have the Opportunity to Object

Disclosures to Family, Friends, or Others: I may provide your PHI to a family member, friend, or other person involved in your care or payment unless you object. Consent may be obtained retroactively in emergency situations.

VI. You Have the Following Rights With Respect to Your PHI

  1. The right to request limits on uses and disclosures of your PHI.
  2. The right to request restrictions for out-of-pocket expenses paid in full.
  3. The right to choose how I send PHI to you.
  4. The right to see and get copies of your PHI.
  5. The right to get a list of disclosures I have made.
  6. The right to correct or update your PHI.
  7. The right to get a paper or electronic copy of this notice.