By law, we’re required to maintain the privacy of your PHI; to provide you with notice of our privacy practices and legal duties with respect to your PHI, and to notify you following a breach of unsecured PHI related to you. We will always uphold the terms of this notice. This notice is effective as of the date listed on this notice. This notice and the practices it describes will remain in effect until it is revised. WE are required to modify this notice when there are material changes to our duties, your rights, or other practices contained herein.
Confidentiality of Mental Health and Drug Abuse and Alcohol Records
The confidentiality of our patient records is protected by Federal law and regulations. We may not say to someone outside the treatment center that you are a patient of the treatment center, nor may we disclose any information identifying you as a drug or alcohol abuser unless:
- You provide written consent
- A court order allows disclosure
- The disclosure is made to medical personnel in a medical emergency or to personnel who are qualified for research, audit, or program evaluation.
If the treatment center were to violate federal law and regulations, that would be a crime. Violations that are suspected may be reported to appropriate authorities in accordance with Federal regulations.
Federal law and regulations do not protect any information about a crime committed by you either at the treatment center or against a person who works for the treatment center nor 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.
PHI Disclosures and Uses
Disclosures and uses of your PHI may be required, permitted, or authorized for:
The Secretary of Health and Human Services. We are required to disclose PHI to the Secretary when the Secretary is in the process of determining or investigating our compliance with HIPAA Privacy Rules
Crimes on Our Premises. We are capable of telling law enforcement officers information that relates directly to the commission of a crime against our personnel, on our premises, or even the threat to commit such a crime.
Among Licasa Treatment Center Personnel. We are allowed to disclose or use information among or between our personnel who have a need for the information in connection with their duties. These duties could arise out of the provision of treatment, diagnosis, or referral for treatment of mental health, drug or alcohol abuse, provided such communication is (a) within the recovery center or (b) between the treatment center and Licasa Treatment Center.
To use an example, our staff, which includes clinicians, nurses, and doctors, will use your PHI to determine your treatment care. Your PHI may be used in connection with billing statements as well as credits to your account and tracking changes. Your PHI will be used to check insurance coverage eligibility and to prepare claims for your insurance company should the need arise. We may disclose and use your PHI in order to perform our healthcare business as well as functions associated with our business activities, such as licensing and accreditation.
Orders of the Court. We are allowed to disclose information that, provided certain regulatory requirements are met, is required by a court order.
Research. If an Institutional Review Board, for example, approves it, we can use and disclose your information for research.
Death Reporting. We are allowed to disclose information that may be related to cause of death to an authorized public health authority.
Emergencies. For the purpose of treating you in an emergency, we can disclose information to medical personnel.
Suspected Child Abuse and Neglect Reports. We can disclose information required to report under State law incidents of suspected child abuse and neglect to the appropriate state or local authorities. That said, we may not disclose the original patient record without consent. That is even true for civil or criminal proceedings that may arise out of the report of suspected child abuse and neglect.
Evaluation. Provided the person agrees to certain restrictions on disclosures of information, we may disclose your information to persons conducting certain evaluation and audit activities.
PHI Use and Disclosure Authorization
We will not use or otherwise disclose your PHI other than with your written authorization, other than as stated above. We will not use or disclose psychotherapy notes, nor will we use or disclose your PHI for marketing purposes or sell your PHI unless you have signed an authorization, subject to compliance with limited exceptions. You may revoke that authorization at any time, should you or your representation authorize us to use or disclose your PHI.
Below you will your rights in regards to the PHI we maintain about you. You will also find how to exercise those rights. One of the most important services we offer is protecting your PHI. We make certain you can access your PHI when you need to.
Right to Notice
You have the right to adequate notice of the disclosures or uses of your PHI, as well as our duties and responsibilities regarding the same, as provided for herein. You have the right to request both an electronic and paper copy of this Notice. At any time, you may ask us to provide a copy of this notice. You can obtain this at our site, from our staff, or via email.
Right to Copy and Inspect
You have the right to inspect, access, and obtain a copy of your PHI for as long as we maintain it as required by law. This right can only be restricted in certain, limited circumstances as dictated by applicable law. All requests for access to your PHI have to be made in writing. We may deny your request under a limited set of circumstances. Should that be the case, any denial of a request to access will be communicated to you in writing. You may request that your denial be reviewed if you are denied access. Then, your request and denial would be renewed by another licensed healthcare professional chosen by Licasa Treatment Center. We will comply with their decision. Should you be denied again, you have the right to have your denial reviewed by a licensed third-party healthcare professional who is not affiliated with us. We will comply with their decision.
We may charge a cost-based, reasonable fee for the mailing and/or copying process of your request. PHI that is maintained in electronic format and form, you may request a copy to which you are otherwise entitled in that electronic form and format if it is readily producible. But, if not, then in any readable form and format as we may agree (such as PDF, etc.) Your request may also include transmittal directions to another individual or entity.
Right to Request Accounting of Disclosures
We are required to maintain and create a list (or accounting) of certain disclosures we make of your PHI. You have the right to request a copy of this during a time period specified by applicable law prior to the date on which the accounting is requested (for up to six years). You must make any request for an accounting in writing. We are not required by law to record certain types of disclosure (such as disclosures made pursuant to an authorization signed by you), and a listing of these disclosures will not be provided. 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. We will notify you of the fee to be charged (if any) at the time of request.
Right to Amend
If you believe the PHI we have about you is incomplete or incorrect, you have the right to request that we amend your PHI for as long as it is maintained by us. The request must be made in writing, and you must provide a reason to support the requested amendment. Under certain circumstances we may deny your request to amend, including but not limited to when the PHI: (a) was not created by us, (b) is excluded from inspection and access under applicable law, or ( c ) is accurate and complete. If we deny amending it, we will provide the rationale for denial to you in writing. You may write a statement of disagreement if your request is denied. This statement will be maintained as part of your PHI and will be included with any disclosure. If we accept the amendment, we will work with you to identify other healthcare stakeholders that require notification and provide the notification.
Payments Out of Pocket
If you have paid out of pocket (meaning that you or someone besides your health plan paid for your care) in full for a specific term or service, you have the right to request that your PHI with respect to that item or service not be disclosed to a health plan for purposes of payment or healthcare options. We are required by law to honor that unless affirmatively terminated by you in writing and when the disclosures are not required by law. This request must be made in writing.
Right to Request Restrictions
You have the right to request restrictions or limitations on how we use and disclose your PHI for payment, treatment, and operations. We are not required to agree to restrictions for treatment, payment, and healthcare options except in limited circumstances as described below. This request must be made in writing. If we do agree to the restriction, we will comply with it going forward. That is, unless you take steps to revoke or if we believe, in our professional judgment, that an emergency warrant circumventing the restriction in order to provide the appropriate care or unless the use or disclosure is otherwise permitted by law. In rare circumstances, we reserve the right to terminate a restriction that we have previously agreed to, but only after providing you notice of termination.
Right to Voice Concerns
You have the right to file a complaint in writing with us or with the United States Department of Health and Human Services if you believe we have violated your privacy rights. Any complaints to us should be me writing to our email address. You will never receive any reprisals for filing a complaint.
Right to Breach Notification
In the unlikely event that we (or one of our Business Associates) discover a breach involving PHI, you have the right to be notified.
Right to Confidential Communications
You have the right to request that we communicate with you about your PHI and health matters by alternative means or locations. Your request must be in writing, and it must specify the alternative means or location. We will accommodate all reasonable requests consistent with our duty to ensure that your PHI is protected.