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Drug
and Alcohol Treatment Facility Privacy
A reputable drug
and alcohol treatment facility goes to
great lengths to respect
the privacy and confidentiality of all
its patients. As a leading provider of
drug treatment, alcohol treatment, and
dual
diagnosis, Transitions
Recovery meets the highest
standards of treatment facility privacy.
Patients at our alcohol and drug treatment
facility are assured of our greatest efforts
to protect the anonymity of everyone who
enters Transitions Recovery.
Our alcohol and drug treatment facility
staff understands the importance of respecting
the privacy of your information and treats
it with utmost care. We are diligent in
our adherence to all state and federal
requirements for privacy and use of patient
information. You can rest assured that
our drug and alcohol treatment facility
is committed to maintaining confidentiality
of your health information in all communications
and records, as outlined below in our Notice
of Information Practices.
The privacy of our web site users is also
respected. We do not make available any
identifiable information to third parties.
We may use email to provide general information
about our services to patients who have
registered for services at Transitions
Recovery and provide their email addresses.
However, those who do not wish to receive
these emails from us may indicate so at
the time or registration or by following
the instructions at the bottom of any e-mail
from us.
Notice of Information Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION
ABOUT YOU MAY BE USED AND DISCLOSED AND
HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
Understanding Your Substance Abuse / Mental
Health Record Information
Each time you visit a hospital, physician
or other healthcare provider, the provider
makes a record of your visit. Typically,
this record contains your health history,
current symptoms, examination and test
results, diagnoses, treatment, and a plan
for future care or treatment. This information,
often referred to as your medical record
serves as a:
-
Basis
for planning your care and treatment.
-
Means
of communicating among the many health
professionals who contribute to
your
care.
-
Legal
document describing the care you received.
-
Means
by which you or a third-party payer can
verify that you actually received
the services billed for.
-
A tool
in medical education.
-
A source
of information for public health officials
charged with
improving the health of the regions they serve.
-
A tool
to assess the appropriateness and quality
of care you
received.
-
A tool
to improve the quality of healthcare
and achieve better
patient outcomes
Understanding what is in your health records
and how your health information is used
helps you to:
-
Ensure
its accuracy and completeness.
-
Understand
who, what, where, why, and how
others may assess your health
information.
-
Make
informed decisions about authorizing
disclosures to others.
-
Better
understand the health information rights
detailed
below.
YOUR RIGHTS UNDER THE FEDERAL PRIVACY
STANDARD
Although your health records are the physical
property of the healthcare provider who
completed it, you have certain rights with
regard to the information contained therein.
You have the right to:
-
Request
restriction on uses and disclosures of
your health information
for treatment,
payment and healthcare operations:
Healthcare operations consist of
activities that are
necessary to carry out the operations
of the provider, such as quality
assurance and peer review. The right
to request
restriction
does not extend to uses or disclosures
permitted or required under sections
164.502(a)(2)(I) (disclosures to
you), 164.510(a) (for facility
directories, but note that you
have the right to object to such uses),
or
164.512
(uses and disclosures not requiring
a consent or an authorization). The
latter uses and
disclosures include, for example,
those required by law, like mandatory
communicable
disease reporting. In those cases,
you do not have a right to request
restriction. Even in those cases in which
you do
have
the right to request restriction,
we do not have to agree to the restriction.
If
we do, however, we will adhere
to it
unless you request otherwise or we
give you advance
notice.
-
Ask
us to communicate with you by alternate
means: If the
method of communication
is reasonable, we must grant the alternate
communication request.
-
Receive
and keep a copy of this notice of information
practices: Although
we have posted a copy in prominent locations throughout
the facility and on our website,
if you access those copies, you nonetheless have
a right to a hard copy on request.
The law requires us to ask you to acknowledge
receipt of your copy.
-
Inspect
and copy your health information
upon request: This right is
not absolute. In certain situations, such as if access
would cause harm, we can
deny access. You do not have a right
to access of the following:
-
Psychotherapy
notes - such notes comprise those
that are
recorded in any medium
by a healthcare provider
who is a mental health professional
documenting
or
analyzing a
conversation during
a private counseling session or a
group, joint, or family
counseling session
and
that are separated from
the rest of your medical
record.
-
Information
compiled in reasonable anticipation
of or for use
in a civil,
criminal,
or administrative
actions or proceedings.
-
Any
of your health information
that is subject to the
Clinical
Laboratory Improvement
Amendments
if 1988 (CLIA), 42 U.S.C.
263a, to the
extent
that the provision
of access
to the
individual would
be prohibited
by law.
-
Information that was
obtained from someone other than a healthcare
provider under
a premise of confidentiality when
the access requested would be reasonably
likely to
reveal the source of the information.
In other situations, we may deny you access
but, if we do, we must provide you with
a review of the decision denying access.
These reviewable grounds for denial include:
-
When a licensed healthcare professional
has determined, in the exercise
of professional judgment, that the access is reasonably
likely to endanger the life or
physical safety of the individual or another person.
-
When
the protected health information
makes reference to another person (other
than a healthcare provider) and
a licensed
healthcare provider has determined,
in the exercise of professional judgment,
that the access is reasonably
likely to
cause substantial harm to such
other person.
-
The
request is made by the individual’s
personal representative and
a licensed healthcare professional
has determined,
in the exercise of professional
judgment, that the provision of access
to such
personal representative is
reasonably likely to cause substantial
harm to the
individual or another person.
For these reviewable grounds, another
licensed professional must review the decision
of the provider denying access within 60
days. If we deny you access, we will explain
why and what your rights are, including
how to seek review.
If we grant access, we will tell you what,
if anything, you have to do to get access.
We reserve the right to charge a reasonable,
cost-based fee for making copies.
Request amendment/correction
of your health information.
We do not have to grant the request if:
-
We
did not create the record. If, as in
the case of a consultation report
from another provider, we did not create the
record, we cannot know whether
it is accurate or not. Thus, in such cases, you must seek
amendment / correction from
the party creating the record. If they
amend or correct the
record, we will put the corrected
record in our records.
-
The
records are not available to you as discussed
immediately above.
-
The
record is accurate and complete.
If we deny your request for amendment
/ correction, we will notify you why, how
you can attach a statement of disagreement
to your records (which we may rebut), and
how you can complain to our complaint official
or to the Department of Health and Human
Services. If we grant the request, we will
make the correction and distribute the
correction to those who need it and those
you identify to us that you want to receive
the corrected information.
Obtain an accounting
of non-routine uses and disclosures.
You may request an accounting
for uses and disclosures other
than those for treatment, payment, and
healthcare
operations or of protected
health information about them. We do
not need to provide an
accounting for the following:
-
Disclosures
to you.
-
Disclosures
authorized by you.
-
For
disclosures of limited data sets (partially
de-identified
data used
for research, public health, or healthcare operations).
-
For
the facility directory or to persons
involved in your
care
or for other notification purposes as provided in 164.510 (uses and
disclosures requiring
an opportunity for the individual to agree or to object, including
notification to family
members, personal representatives, or other persons responsible
for the care of the
individual, of the individual’s location,
general condition
or death).
-
For
national security or intelligence purposes
under 164.512(k)(2)
(disclosures not requiring consent, authorization, or an opportunity
to object).
-
To
correctional institutions or law enforcement
officials
under
164.512(k)(5) (disclosures not requiring consent, authorization or
an opportunity
to object).
-
Those
occurring before April 14, 2003.
We must provide the accounting within
60 days. The accounting must include:•
-
Date
of each disclosure.
-
Name
and address of the organization or person
who received
the protected health information.
-
Brief
description of the information disclosed.
-
Brief
statement of the purpose of the disclosure
that reasonably
informs you of the basis for the disclosure or, in lieu of such
statement,
a copy of the written authorization or a copy of the written request for
disclosure.
The first accounting in any 12-month period
is free. Thereafter, we reserve the right
to charge a reasonable cost-based fee.
OUR RESPONSIBILITIES UNDER THE FEDERAL
PRIVACY STANDARD
In addition to providing you your rights,
as detailed above, the federal privacy
standard requires us to:
-
Maintain
the privacy of your health information,
including
implementing reasonable and appropriate
physical, administrative,
and technical
safeguards to protect
the information.
-
Provide
you with this notice as to our
legal duties and
privacy practices with respect to individually
identified health
information we collect
and maintain about you.
-
Abide
by the terms of this notice.
-
Train
our personnel concerning privacy and
confidentiality.
-
Implement
a sanction policy to discipline those
who breach
privacy / confidentiality or our policies with regard thereto.
-
Mitigate
(lessen the harm of) any breach of privacy
/
confidentiality.
WE RESERVE THE RIGHT TO CHANGE OUR PRACTICES
AND TO MAKE THE NEW PROVISIONS EFFECTIVE
FOR ALL INDIVIDUALLY IDENTIFIABLE HEALTH
INFORMATION WE MAINTAIN. SHOULD WE CHANGE
OUR INFORMATION PRACTICES, WE WILL MAIL
A REVISED NOTICE TO THE ADDRESS YOU HAVE
SUPPLIED US.
We will not use or disclose your health
information without your consent or authorization,
except as described in this notice or otherwise
required by law.
HOW TO GET MORE INFORMATION OR REPORT
A PROBLEM
If you have questions and/or would like
additional information,
you may contact the Privacy Officer at
305-949-9001.
EXAMPLES OF DISCLOSURES FOR TREATMENT,
PAYMENT AND HEALTH OPERATIONS
Treatment - If you give us consent or
with the regulatory consent granted by
the Department of Health and Human Services
if applicable, we may use or disclose your
health information for treatment.
Example: A physician, nurse, or other
member of your healthcare team will record
information in your record to diagnose
your condition and determine the best course
of treatment for you. The primary caregiver
will give treatment orders and document
what he or she expects other members of
the healthcare team to do to treat you.
Those other members will then document
the actions they took and their observations.
In that way, the primary caregiver will
know how you are responding to treatment.
We will also provide your physician, other
healthcare professionals, or a subsequent
healthcare provider with copies of your
records to assist them in treating you
once we are no longer treating you.
Payment - If you give us consent or with
the regulatory consent granted by the Department
of Health and Human Services is applicable,
we may use or disclose your health information
for payment.
Example: We may send a bill to you or
to a third-party payer, such as a health
insurer. The information on or accompanying
the bill may include information that identifies
you, your diagnosis, treatment received
and supplies used.
Health Operations - If you give us consent
or with the regulatory consent granted
by the Department of Health and Human Services
we may use or disclose your health information
for health operations.
Examples: Members of the medical staff,
the risk or quality improvement manager,
or members of the quality assurance team
may use information in your health record
to assess that care and outcomes in your
cases and the competence of the care-givers.
We will use this information in an effort
to continually improve the quality and
effectiveness of the healthcare and services
we provide.
USES AND DISCLOSURES OTHER THAN FOR TREATMENT,
PAYMENT OR HEALTHCARE OPERATIONS
Business Associates - We provide some
services through contracts with business
associates. Examples include certain Quest
Diagnostic Laboratories, Treasure Island
Pharmacy, Detoxification Hospitals, Medical
/ Psychiatric Hospitals, and MedPro Billing.
When we use these services, we may disclose
your health information to the business
associate so that they can perform the
function(s) we have contracted with them
to do and bill you or your third-party
payer for services rendered. To protect
your health information, however, we require
the business associate to appropriately
safeguard your information.
Notification - With consent from you or
in the case of an emergency, your listed
emergency contact, we may use or disclose
information to notify or assist in notifying
a family member, personal representative,
or another person responsible for your
care, your location, and general condition.
Public Health - As required by law, we
may disclose your health information to
public health or legal authorities charged
with preventing or controlling disease,
injury or disability.
Law Enforcement - We may disclose health
information for purposes as required by
law or in response to a valid subpoena.
Health Oversight
Agencies and Public Health Authorities - If a member of our work force
or a business associate believes in good
faith that we have engaged in unlawful
conduct or otherwise violated professional
or clinical standards and are potentially
endangering one or more patients, workers,
or the public, they may disclose your health
information to health oversight agencies
and / or public health authorities such
as the Department of Health and Human Services.
The Federal Department
of Health and Human Services, DCF,
AHCA, JCAHO - Under the
privacy standards, we must disclose your
health information to the above named organizations
as necessary for them to determine our
compliance with their standards.
Effective Date: January 1, 2003
If you have questions and / or would like
additional information about confidentiality
at our treatment facility, you may contact
our Privacy Officer at 305-949-9001. We
would be glad to talk about our physical,
administrative, and technical safeguards
to protect your information at Transitions
Recovery drug and alcohol treatment facility.
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