Notice of Privacy Practices

Health Care Operations: PHI can be used or disclosed to allow Albuquerque Fire Rescue to conduct health care operations. For example we may use PHI for quality assurance activities and training programs to ensure that Albuquerque Fire Rescue personnel meet Bernalillo County’s and the New Mexico Department of Health’s standards of care.

Other Reasons We Are Permitted or Required the Use or Disclosure of PHI Without

Written Consent:

Albuquerque Fire Rescue may use or disclose PHI without written authorization, or opportunity to object in certain situations, including:

• Required by Law. Albuquerque Fire Rescue may disclose PHI when required by law.
• Required by Health and Human Services. Albuquerque Fire Rescue may be required to disclose PHI to the Secretary of Health and Human Services to investigate or determine our compliance with federal privacy laws.
• Abuse or Neglect. Albuquerque Fire Rescue may disclose PHI when authorized by law to report information about abuse or neglect or domestic violence to a public health authority or other governmental agency that is permitted by law to collect or receive such information.
• Public Health. Albuquerque Fire Rescue may disclose PHI to a public health authority in certain situations such as reporting a birth, death or disease as required by law, as part of a public health investigation,
• To report adverse events such as product defects, or to notify a person about exposure to a possible communicable disease as required by law.
• Health Oversight Activities. Albuquerque Fire Rescue may disclose PHI for certain health oversight activities including audits or government investigations, inspections, disciplinary proceedings, and other administrative or judicial actions undertaken by the government (or their contractors) by law to oversee the health care system.
• Judicial and Administrative Proceedings. Albuquerque Fire Rescue may disclose PHI as directed by a court or administrative order, or in some cases in response to a subpoena or other legal process.
• Law Enforcement. Albuquerque Fire Rescue may disclose PHI for certain law enforcement purposes, such as when the information is needed to locate a suspect, stop a crime, or report certain wounds.
• Specialized Government Functions. Albuquerque Fire Rescue may disclose PHI for military, national defense and security and other special government functions.
• Serious Threat to Health or Safety. Albuquerque Fire Rescue may disclose PHI to avert a serious threat to the health and safety of a person or the public at large.
• Coroners, Medical Examiners, and Funeral Directors. Albuquerque Fire Rescue may disclose PHI to coroners, medical examiners, or funeral directors for identifying a deceased person, determining cause of death, or carrying on their duties as authorized by law.
• Research. Albuquerque Fire Rescue may use or disclose PHI for research projects, but this will be subject to strict oversight and approvals and health information will be released only when there is a minimal risk to privacy and adequate safeguards are in place in accordance with the law.
• Albuquerque Fire Rescue may disclose PHI to a family member or other individual involved in a patients care if Albuquerque Fire Rescue obtains a written agreement from an authorized person to do so or if Albuquerque Fire Rescue gives the patient an opportunity to object to such a disclosure and the patient does not raise an objection. Albuquerque Fire Rescue may also disclose health information to a family member or other individual involved in a patients care if Albuquerque Fire Rescue infers from the circumstances that you would not object. In situations where the patient is not capable of objecting, Albuquerque Fire Rescue may, in our professional judgment, determine that a disclosure to a family member or other individual involved in your care is in your best interest.
• Workers’ Compensation. Albuquerque Fire Rescue may disclose PHI when necessary to comply with Workers' Comensation laws.

Uses and Disclosures of Protected Health Information Based Upon Written

Authorization:

Any other use or disclosure of PHI, other than those listed above will only be made with written authorization. The patient may revoke his/her authorization at any time, in writing, except to the extent that Albuquerque Fire Rescue has already used or disclosed medical information in reliance on that authorization.

Your Rights:

Patients have a number of rights with respect to the protection of their PHI. Albuquerque Fire Rescue may ask that a patient submit a written request to exercise his/her rights. These rights include:

The Right To Access Copy Or Inspect PHI. A patient may ask to inspect or obtain a copy of his/her confidential information that is included in certain records we maintain. Albuquerque Fire Rescue will normally provide a patient with access to this information as soon as practical as but not later than within fifteen (15) days of request or provide the patient with a timeline to provide the requested information. A response will be sent to the requestor within three (3) days of the request. Albuquerque Fire Rescue may charge you a reasonable fee to cover duplicating costs. In limited circumstances, Albuquerque Fire Rescue may deny access to medical information, and the patient may appeal certain types of denials. Albuquerque Fire Rescue will provide a written explanation if they deny access and will describe any appellate rights.

The Right To Request An Accounting Of Certain Disclosures Of PHI. The patient may request a list of the disclosures Albuquerque Fire Rescue has made of your PHI. The list that Albuquerque Fire Rescue provides will not include disclosures made before July 30, 2012, disclosures made earlier than six years before the date of request, disclosures for treatment, or health care operations, and certain other disclosures that are accepted by the law. Albuquerque Fire Rescue is required to provide the list as soon as practical, but not later than within fifteen (15) days from the request or provide a timeline to supply the request. A response will be sent to the requestor within three (3) days of the request. If you request a list more than once during any 12-month period, we may charge a reasonable fee for each accounting statement after the first.

The Right To Request That Albuquerque Fire Rescue Restrict The Uses And Disclosures Of PHI. The patient has the right to request that Albuquerque Fire Rescue restrict how it uses and discloses PHI for treatment, or health care operations, or to restrict the information that is provided to family, friends and other individuals involved in the patients health care. Albuquerque Fire Rescue is not required to agree to any restrictions you request. If Albuquerque Fire Rescue does agree, Albuquerque Fire Rescue will abide by the patient’s restriction unless Albuquerque Fire Rescue needs to use the PHI to provide emergency treatment.

The Right To Request Confidential Communications. The patient has the right to ask Albuquerque Fire Rescue to communicate PHI by alternative means or at an alternative location. Albuquerque Fire Rescue will attempt to accommodate all reasonable requests. If Albuquerque Fire Rescue determines that the request is unreasonable, Albuquerque Fire Rescue may continue to use their existing communications methods.

The Right To Receive A Paper Copy Of This Notice. If a patient would like a paper copy of this notice, contact our Records Management Section listed below. Patients may also obtain an electronic copy from the following website http://Albuquerque.gov/FIRE/

Revisions To The Notice: Albuquerque Fire Rescue may change the terms of this Notice at any time, and the changes will be effective immediately and may apply to all protected health information that Albuquerque Fire Rescue maintains. If Albuquerque Fire Rescue makes a change to this Notice, Albuquerque Fire Rescue will post the revised Notice on the Albuquerque Fire Rescue web site. You can get a copy of the latest version of this Notice by contacting Records Management Services listed below.

Your Legal Rights and Complaints: If an individual believes his/her privacy rights have been violated, he/she has the right to complain to Albuquerque Fire Rescue , or to the Secretary of the U.S. Dept of Health and Human Services. That individual will not be retaliated against in any way for filing a complaint with Albuquerque Fire Rescue or with the Department of Health and Human Services. Should the individual have any questions, comments or complaints they may direct them to the Records Management Section, Emergency Medical Services (EMS) Division Commander, or EMS Deputy Chief.

How to Obtain EMS / Patient Care Reports or Dispatch Tapes:

EMS Reports/Dispatch Tapes:

• Written letter of request for record or the completed form provided by the Department
• Patient – requires photo identification
• Parent may pick up a report with the birth certificate (of child) and picture ID (of parent)
• If deceased, a death certificate and proof of executor of the estate is required
• A medical release is required if an insurance company or attorney is requesting a report or Dispatch Tape

Fire Reports:

• Written letter of request for record or the completed form provided by the Department
• Fire reports are public record, and anyone can request fire reports with the exception of an associated casualty report – this is subject to the same criteria as an EMS report and dispatch tape or a fire report that is involved in a criminal investigation

The following information is needed to process a request.

• Address/Location of incident and;
• Date of incident and;
• Incident number and;
• Name of person and;
• Time of incident

If you have a question or would like to exercise your rights listed in this notice, please contact Records Management Services.

Records Management
7520 Corona Ave. NE Albuquerque, NM 87113
Business hours Mon. to Fri. from 8 a.m. to 4 p.m.
Office number 505-764-6333