Notice of Privacy Practices

I. Our commitment to your privacy

Cotallat Psychiatry understands that information about your health and healthcare is personal. We are committed to protecting your protected health information, also referred to as PHI.

We create and maintain records of the care and services you receive through Cotallat Psychiatry. These records are necessary to provide appropriate care, coordinate treatment, obtain payment for services, operate the practice, and comply with applicable legal and regulatory requirements.

This Notice applies to protected health information maintained by Cotallat Psychiatry in connection with healthcare services provided through the practice.

We are required by law to protect the privacy and security of your protected health information, provide you with this Notice describing our legal duties and privacy practices, and follow the terms of the Notice currently in effect.

We may change the terms of this Notice. Any changes may apply to information we already maintain as well as information we receive in the future. The current Notice will be available upon request and on our website.

II. How we may use and disclose your health information

The following sections describe common circumstances in which we may use or disclose your protected health information.

Applicable federal, New York, or New Jersey law may provide additional protections or place additional restrictions on certain information. When a more protective law applies, Cotallat Psychiatry will follow that law.

Treatment

We may use your health information to provide, coordinate, and manage your healthcare.

When permitted by applicable law, we may share relevant health information with other healthcare professionals involved in your treatment.

For example, your clinician may communicate with another healthcare provider regarding your medications, diagnosis, treatment history, laboratory results, or other information relevant to coordinating your care.

Certain mental health, substance use disorder, and other specially protected information may be subject to additional restrictions under federal or state law.

Payment

We may use and disclose your health information to obtain payment for healthcare services.

For example, we may provide information regarding your diagnosis, treatment, or services to your health insurance plan when reasonably necessary to submit or process a claim, determine benefits, obtain authorization, or receive payment.

We will limit disclosures when required by applicable law.

Healthcare operations

We may use and disclose your health information for activities necessary to operate Cotallat Psychiatry.

These activities may include quality assessment, administrative activities, compliance activities, credentialing, billing, auditing, practice management, supervision, training, and activities intended to improve the quality and effectiveness of care.

When outside individuals or organizations perform services for Cotallat Psychiatry and receive protected health information on our behalf, we will use appropriate privacy protections when required by law.

Appointment reminders and health related communications

We may use your health information to contact you regarding appointments, scheduling, treatment related matters, treatment alternatives, or other healthcare services that may be relevant to your care.

III. Uses and disclosures that generally require your written authorization

Except as otherwise permitted or required by law, we will obtain your written authorization before using or disclosing your protected health information for purposes not described in this Notice.

If you give us written authorization, you may revoke that authorization in writing at any time. Revoking an authorization will not affect information that was already used or disclosed in reliance on the authorization before we received your revocation.

Psychotherapy notes

HIPAA provides special protections for psychotherapy notes as that term is specifically defined under federal law.

Psychotherapy notes are notes recorded by a mental health professional documenting or analyzing the contents of a counseling conversation that are maintained separately from the rest of the client's medical record.

Most uses and disclosures of psychotherapy notes require your written authorization unless an exception under applicable law applies.

Psychotherapy notes are different from ordinary clinical documentation contained in your medical record. Progress notes, medication management notes, diagnoses, treatment plans, symptoms, functional status, medication information, and similar information maintained as part of the medical record are not necessarily psychotherapy notes under HIPAA.

Marketing

Cotallat Psychiatry will not use or disclose your protected health information for marketing purposes when written authorization is required by law unless you provide that authorization.

Sale of protected health information

Cotallat Psychiatry does not sell protected health information.

Fundraising

Cotallat Psychiatry does not currently use your protected health information for fundraising communications.

IV. Substance use disorder records and 42 CFR Part 2

Certain substance use disorder patient records may receive additional confidentiality protections under federal law, including 42 CFR Part 2.

To the extent that Cotallat Psychiatry creates or maintains substance use disorder patient records that are subject to 42 CFR Part 2, additional restrictions apply to the use and disclosure of those records.

Part 2 records generally may not be used or disclosed in civil, criminal, administrative, or legislative investigations or proceedings against you unless you provide the required written consent or the disclosure is authorized by an appropriate court order and subpoena, as permitted by applicable law.

Other uses and disclosures of Part 2 records will be made only as permitted by applicable federal law.

V. Uses and disclosures that may not require your authorization

Subject to applicable federal and state confidentiality requirements, we may use or disclose protected health information without your written authorization in certain circumstances.

Required by law

We may use or disclose your health information when federal, state, or local law requires us to do so. Any disclosure will be limited to the extent required or permitted by the applicable law.

Public health and safety

We may disclose protected health information for certain public health or safety activities when permitted or required by law.

These activities may include reporting certain diseases or conditions, reporting suspected abuse or neglect, reporting adverse reactions to medications, or preventing or reducing a serious and imminent threat to the health or safety of an individual or the public.

Abuse or neglect

We may disclose information regarding suspected abuse, neglect, or other circumstances when reporting is required or permitted by applicable law.

Additional rules may apply depending on the age of the individual, the nature of the information, and the jurisdiction involved.

Serious and imminent threats

When permitted by applicable law and consistent with professional standards, we may disclose relevant information when necessary to prevent or reduce a serious and imminent threat to the health or safety of an individual or the public.

Health oversight activities

We may disclose protected health information to authorized health oversight agencies for activities such as audits, investigations, inspections, licensing, disciplinary proceedings, or other activities authorized by law.

Judicial and administrative proceedings

We may disclose protected health information in connection with a judicial or administrative proceeding when permitted or required by applicable law.

This may include responding to a valid court order, subpoena, discovery request, or other lawful process.

Mental health records, psychotherapy notes, substance use disorder records, and other specially protected information may be subject to additional confidentiality requirements before disclosure.

Law enforcement

We may disclose protected health information for certain law enforcement purposes when permitted or required by applicable law.

Coroners, medical examiners, and funeral directors

We may disclose protected health information to a coroner, medical examiner, or funeral director when permitted or required by law for the performance of their authorized duties.

Research

We may use or disclose protected health information for research when the use or disclosure satisfies applicable federal and state legal requirements.

Workers' compensation

We may disclose protected health information when necessary to comply with workers' compensation laws or similar programs as permitted by applicable law.

Specialized government functions

We may use or disclose protected health information for certain specialized government functions when authorized by law, including certain military, national security, correctional institution, or protective service activities.

Organ and tissue donation

When applicable, we may disclose health information to organizations involved in organ, eye, or tissue donation and transplantation as permitted by law.

VI. Disclosures to family members, friends, and others involved in your care

You may tell us whether you want relevant information shared with family members, close friends, caregivers, or other individuals involved in your healthcare or payment for your care.

When you are able to make your preferences known, we will consider and follow those preferences as required by law.

If you are unable to communicate your preference, we may disclose limited relevant information when permitted by law and when we determine that doing so is in your best interest.

We may also disclose information in an emergency or disaster relief situation when permitted by law.

VII. Your rights regarding your health information

You have certain rights regarding your protected health information. The following sections explain those rights and some of our responsibilities.

Right to request restrictions

You have the right to ask us not to use or disclose certain protected health information for treatment, payment, or healthcare operations.

We are generally not required to agree to every requested restriction. If we agree to a restriction, we will follow it except when disclosure is necessary for emergency treatment or when otherwise permitted or required by law.

Right to restrict disclosures to a health plan for services paid in full

If you pay for a healthcare service completely out of pocket, you may ask us not to disclose information about that service to your health insurance plan for payment or healthcare operations.

We will honor the request when required by law unless another law requires the disclosure.

Right to request confidential communications

You have the right to ask us to communicate with you in a particular manner or at a particular location.

For example, you may request that we contact you only through a particular phone number, email address, mailing address, or other approved communication method.

We will accommodate reasonable requests as required by law.

Right to access your health information

You have the right to inspect or receive an electronic or paper copy of protected health information maintained about you in a designated record set, subject to limited exceptions under applicable law.

We will generally provide access or a copy within the timeframe required by law. We may charge a reasonable, cost based fee when permitted.

Your right of access generally does not include psychotherapy notes as specifically defined by HIPAA and maintained separately from your medical record, or certain other information excluded from the HIPAA right of access.

Additional federal or state laws may provide different or additional access rights.

Right to request an amendment

If you believe that health information maintained about you is incorrect or incomplete, you may ask us to amend the information.

We may deny your request in circumstances permitted by law. If we deny the request, we will provide an explanation in writing as required by law and explain any additional rights available to you.

Right to an accounting of certain disclosures

You may request a list, also known as an accounting, of certain disclosures of your protected health information.

The accounting generally covers disclosures made during the six years before the date of your request, unless you request a shorter period.

The accounting does not include every disclosure. For example, many disclosures for treatment, payment, healthcare operations, and disclosures that you specifically authorized are excluded from the accounting requirement.

We will provide one accounting during a 12 month period without charge. A reasonable, cost based fee may apply to additional requests during the same period when permitted by law.

Right to receive a copy of this notice

You may request a paper or electronic copy of this Notice at any time.

You may request a paper copy even if you previously agreed to receive the Notice electronically.

The current Notice is also available on the Cotallat Psychiatry website.

Right to choose someone to act for you

If another individual has legal authority to act as your personal representative, that person may exercise applicable privacy rights on your behalf.

We may request documentation establishing that person's authority before acting on a request.

Right to file a privacy complaint

If you believe your privacy rights have been violated, you may file a complaint directly with Cotallat Psychiatry.

You may contact:

Cotallat Psychiatry
Privacy Contact, Practice Administrator
220 5th Ave, 11th Fl
New York, NY 10001
Phone, (917) 410 2064
Email, admin@cotallat.com

You may also file a complaint with the United States Department of Health and Human Services Office for Civil Rights.

Complaints may be submitted through the HHS Office for Civil Rights complaint process, by calling 1 (877) 696 6775, or by writing to:

U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201

Cotallat Psychiatry will not retaliate against you for filing a complaint, exercising a privacy right, or participating in a privacy investigation.

VIII. Additional New York and New Jersey privacy protections

Cotallat Psychiatry provides healthcare services to clients located in New York and New Jersey.

In addition to HIPAA, federal and state laws may provide additional confidentiality protections for certain health information.

Depending on the circumstances, additional protections may apply to mental health information, psychotherapy records, substance use disorder information, HIV related information, genetic information, information concerning minors, and other specially protected healthcare information.

When applicable New York, New Jersey, or federal law provides greater privacy protection or places greater restrictions on the disclosure of health information than HIPAA, Cotallat Psychiatry will follow the more protective applicable requirement.

As a result, there may be circumstances in which HIPAA would otherwise permit a use or disclosure, but additional authorization, consent, a court order, or other legal requirement must be satisfied before Cotallat Psychiatry may disclose the information.

IX. Our responsibilities

Cotallat Psychiatry is required by law to maintain the privacy and security of your protected health information.

We are required to provide you with this Notice explaining our legal duties and privacy practices.

We must follow the privacy practices described in the Notice currently in effect.

We will notify you as required by law if a breach occurs that may have compromised the privacy or security of your protected health information.

We will not use or disclose your protected health information in a manner that is not described in this Notice unless you provide written authorization or the use or disclosure is otherwise permitted or required by law.

If you authorize us to use or disclose information, you may revoke that authorization in writing at any time, subject to applicable legal limitations.

X. Changes to this notice

Cotallat Psychiatry may change the terms of this Notice and may make revised terms applicable to protected health information already maintained by the practice, as permitted by law.

When this Notice is materially revised, the updated version will be made available upon request and posted on our website.

The effective date of the current Notice appears at the beginning of this document.

XI. Questions or additional information

If you have questions regarding this Notice, your privacy rights, or the privacy practices of Cotallat Psychiatry, please contact:

Cotallat Psychiatry
Privacy Contact, Practice Administrator
220 5th Ave, 11th Fl
New York, NY 10001
Phone, (917) 410 2064
Email, admin@cotallat.com

Acknowledgment of receipt of Notice of Privacy Practices

Under the Health Insurance Portability and Accountability Act, commonly known as HIPAA, you have certain rights regarding the use and disclosure of your protected health information.

By acknowledging receipt of this Notice, you confirm that you have been provided with or given access to a copy of the Cotallat Psychiatry Notice of Privacy Practices.

Your acknowledgment confirms receipt of the Notice. It does not authorize Cotallat Psychiatry to use or disclose your protected health information beyond what is permitted by applicable law, this Notice, or any separate authorization you provide.