Aging Network

We are required by law to protect your medical information.

We also are required to abide by the practices described in this notice.

Uses and Disclosures of Health Information

We will generally get your written authorization before using or disclosing your health information outside the Aging and Long-Term Services Department (ALTSD). However there are some situations, as described herein, in which we are not required to obtain your written authorization before using your health information or sharing it with others.

We may share your health information with doctors, nurses, pharmacists and other treatment providers who are involved in providing health-related services to you, and they may, in turn, use that information to diagnose or treat you.

We may use or disclose your health information so that we can obtain payment for your health care services. For example, we may share information about you with your health insurance company in order to obtain reimbursement after you have been treated or to obtain prior approval for services.

We may use or disclose your health information in order to conduct our normal business operations. For example, we may use your health information to evaluate the performance of our staff in serving you or to educate our staff on how to improve the care they provide you.

We may use your health information to contact you with a reminder that you have an appointment or to tell you of a related service that may be of interest.

We may use or disclose your health information in an emergency or for an important public need.

If you do not object, we may disclose your health information to a family member, relative, or close personal friend who is involved in your treatment or payment for that treatment. We may also disclose your health information to help notify or locate a family member or person responsible for your care.

We may use or disclose your health information if you need emergency treatment or if we are required by law to treat you but are unable to obtain your authorization.

We may use or disclose your health information if we are required by law to do so. We also will notify you of these uses/disclosures if required by law.

We may disclose your health information to authorized public health officials, or a foreign government agency collaborating with such officials, to carry out their public health activities.

We may release your health information to a public health authority that is authorized to receive reports of abuse, neglect or domestic violence.

We may release your health information to government agencies authorized to conduct audits, investigations, and inspections of our records and services.

We may disclose your health information if we are ordered to do so by a court or administrative hearing officer that is handling a legal matter, or to persons authorized by a court to receive the information.

We may disclose your health information to law enforcement officials for the following reasons:

• To comply with court orders or laws

• Identifying or locating a suspect, fugitive, witness, or missing person

• If you have been the victim of a crime

• Your death resulted from criminal conduct

• To report a crime that occurred on our property, or

• To report a crime discovered during an offsite investigation as required by law.

We may use or disclose your health information when necessary to prevent a serious threat to your health or safety or to the health or safety of another person or the public.

We may disclose your health information to authorized federal officials who are conducting national security and intelligence activities or providing protective services to the President or other important officials.

If you are in the Armed Forces, we may disclose health information about you to appropriate military command authorities for activities they may deem necessary to carry out their military mission.

We may disclose your health information for workers’ compensation or similar programs that provide benefits for work-related injuries.

In the unfortunate event of your death, we may disclose your health information to a coroner or medical examiner.

We may use or disclose your health information if we have removed all information that might reveal your identity.

We may disclose your health information to a person or company as required by the U.S. Food and Drug Administration.

We will ask for your written authorization before using your health information or sharing it with others for any purposes other than those covered by the exceptions above.

Your Rights Regarding Your Health Information

In general, you have the right to inspect and copy your health information. You may be responsible for copying and mailing costs.

You have the right to request that we amend your health information if you believe it is inaccurate or incomplete.

You have the right to receive a list from us, called an “accounting list,” which provides information about when and how we have disclosed your health information to outside persons or organizations. Many routine disclosures we make will not be included, but the list will identify non-routine disclosures of your information. You may be charged a fee if you request more than one accounting within a 12-month period.

You have the right to request further restrictions on the way we use your health information or share it with others. We are not required to agree to the restriction you request but, if we do, we will be bound by our agreement.

You have the right to request that we contact you in a way that is more confidential for you, such as at work instead of at home.

You have the right to name a personal representative who may act on your behalf to control the privacy of your health information. Guardians will generally have the right to control the privacy of health information about their wards unless their wards are permitted by law to act on their own behalf.

You may request a paper copy of this notice, even if you have previously agreed to receive this notice electronically.

The effective date of this Notice of Privacy Practices is July 1, 2005. ALTSD may change this notice at any time, and may make the terms of the amended notice effective for health information we already have. A copy of the current Notice of Privacy Practices is available in each of our Department locations throughout the state and at: http://www.nmaging.state.nm.us/HOPAA.html

If you believe your privacy rights have been violated, you may file a written complaint with:

Aging and Long-Term Services Department

HIPAA Privacy Officer

2550 Cerrillos Road

Santa Fe, NM 87505

(505) 476-4799

(866) 451-2901

or with:

Secretary, Department of Health and Human Services

200 Independence Avenue, SW

Washington DC 20201

Should you ever make a complaint, it will not be held against you or your family members.