PRIVACY POLICY

Procedure: a. The Intake Coordinator will ensure that the consumer rights and privileges are reviewed in a language that is easily comprehended with each new admission during the orientation process. b. The Intake Coordinator will ensure that each consumer receives a copy of the Consumer Rights during the process of admission and/or orientation, as well as part of the Consumer Handbook. c. The Clinical Director will ensure that Consumer rights are visibly posted throughout the different areas of the facility for the consumers to review at leisure. d. The Intake Coordinator will review and discuss the Consumer rights and privileges in a language which is easily comprehended with the legal guardian, in the event the consumer has been adjudicated incompetent. e. The Intak Coordinator will memorialize the discussions and reviews into the clinical chart as part of the interpretive summary and/or intake summary. f. In the event the guardian has refused to acknowledge receipt of notice, this will be documented in the clinical chart. g. The agency will ensure that consumers shall not be deprived of any civil rights solely by reason of receiving mental health services, nor shall such services modify or vary any legal or civil rights of the consumers. h. The agency will not presume that any consumer is incompetent due to examination or treatment for mental illness, regardless of whether such evaluation or treatment is voluntary or involuntary.

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NOTICE OF PRIVACY

Since 1972, all treatment information regarding persons enrolled in treatment programs has been protected under federal regulations (42 CFR Part 2 Final Rule). The confidentiality of your patient records and the privacy of your health information are covered under two separate federal laws (42 CFR Part 2 Final Rule* and HIPAA**). We must comply with both regulations to protect your privacy and the confidentiality of your treatment. In general terms, since 42 CFR Part 2 Final Rule (Confidentiality of Alcohol and Drug Treatment Records) provides you with the greatest degree of protection from unauthorized disclosure of your treatment records, our compliance with that regulation remains unchanged with the implementation of HIPAA. Please review this notice carefully. It is important that you understand these two different regulations.

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CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS

The confidentiality of patient records maintained by this program is protected under the Federal Regulation 42 CFR Part 2 Final Rule. Generally, the program may not say to a person outside the program that a person attends the program or disclose any information identifying a patient as an alcohol or drug abuser unless: 1. The patient consents in writing. 2. The disclosure is allowed by a court order and a subpoena. 3. The disclosure is made to medical personnel in a medical emergency to qualified personnel for research, audit, or program evaluations. HIPAA NOTICE OF PRIVACY PRACTICES For the agency to comply with HIPAA, we are required to provide you with the following information. However, in most cases, federal regulation 42 CFR – Part 2 Final Rule would not allow us to use your private health information without your written consent. The privacy of your Protected Health Information (PHI) is protected under the federal HIPAA Privacy Rule. “Protected Health Information” is information about you, including demographic information, that may identify you and relate to your past, present, or future physical or mental health or condition and related health care services. We use and disclose your health information for treatment, payment, and healthcare operations. For example:

1. Treatment: We may use or disclose your health information to a physician or other healthcare provider providing treatment to you.

2. Payment: We may use and disclose your health information to obtain payment for our services.

3. Healthcare Operations: We may use and disclose your health information in connection with our healthcare operations. Healthcare operations include quality assessment and improvement activities, reviewing the competence or qualifications of healthcare professionals, evaluating practitioner and provider performance, conducting training programs, accreditation, certification, licensing, or credentialing activities.

4. Patient contact: We may use or disclose your health information to provide you with appointment reminders. COUNSELING - CENTER OF HOPE OUTPATIENT MENTAL HEALTH PROGRAM 72

5. Referrals and Qualified Service Agreements: We may use or disclose your health information to coordinate referrals to other programs, consultants, or Qualified Service Organizations with a Qualified Services Agreement (QSA). A QSA is a written document signed by the agency and the consultant or other Qualified Service Organization that protects the privacy of your health information that is accessed or exchanged in the course of business or other services provided.

6. Required by law: We may use or disclose your health information when required to do so by law. In addition to our use of your health information for treatment, payment, or healthcare operations, you may give us written authorization to use and/or disclose your health information and patient records to anyone for any purpose. If you authorize us, you may revoke it in writing anytime. Your revocation will not affect any use of disclosures permitted by your authorization while it is in effect. Unless you give us written authorization, we cannot use or disclose your health information for any reason except those described above in this notice. Violations of these federal laws and regulations by a program are crimes. Suspected violations may be reported to appropriate authorities per Federal regulations. Federal laws and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime. Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities.

 

PATIENT’S RIGHTS UNDER HIPAA ACCESS

You have a right to look at or get copies of your health information. Noted exceptions include, but are not limited to psychotherapy notes, information compiled in reasonable anticipation of, or for use in a civil, criminal, or administrative action or proceeding, and information obtained in the course of research that includes treatment. You may request that we provide copies in a format other than photocopies. We will use the format you request unless we cannot practicably do so. (You must request in writing to obtain access to your health information). You may obtain a form to request access by using the contact information listed at the end of this Notice. We will charge you a reasonable cost-based fee for expenses such as copies and staff time. You may also request access by sending us a letter to the address at the end of this Notice. If you request copies, we will charge you .50 cents for each page, $10.00 per hour for staff time to locate and copy your health information, and postage if you want the copies mailed to you. If you request an alternative format, we will charge a cost-based fee for providing your health information in that format. If you prefer, we will prepare a summary or an explanation of your health information for a fee. Contact us using the information listed at the end of this Notice for a full explanation of our fee structure.

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DISCLOSURE ACCOUNTING

You have the right to receive a list of instances in which we or our business associates disclosed your health information for purposes other than treatment, payment, healthcare operations, and certain other activities for the last six years but not before April 14, 2003. If you request this accounting 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 that we place additional restrictions on our use or disclosure of your health information. We are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in an emergency).

 

ALTERNATIVE COMMUNICATION

You have the right to request that we communicate with you about your health information by alternative means or to alternative locations. You must make your request in writing. Your request must specify the alternative means or location and provide a satisfactory explanation of how payments will be handled under the alternative means or location of your request.

 

AMENDMENT

You have the right to request that we amend your health information. Your request must be in writing, and it must explain why the information should be amended. We may deny your request under certain circumstances.

 

QUESTIONS AND COMPLAINTS

If you want more information about our privacy practices or have questions or concerns, don't hesitate to get in touch with us. Suppose you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your health information or in response to a request you made to amend or restrict the use or disclosure of your health information or to have us communicate with you by alternative means or at alternative locations. In that case, you may complain to us using the contact information listed at the end of this Notice. You also may submit a written complaint to the US Department of Health and Human Services at the address listed below. We support your right to the privacy of your health information. We will not retaliate in any way if you choose to file a complaint with the Privacy Officer or with the Office for Civil Rights.

 

Counseling-Center for Hope LLC Office for Civil Rights Privacy Officer: ________

 

US Department of Health and Human Svs. Room 509F, HHH Building. Washington, D.C., 20201