PRIVACY POLICIES
THIS
NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW
THIS NOTICE CAREFULLY.
Your health record
contains personal information about you and your health. State and federal
law protects the confidentiality of this information. "Protected
health information" is information about you, including demographic
information, that may identify you and that relates to your past, present
or future physical or mental health or condition and related health care
services? The confidentiality of alcohol and drug abuse patient records is
specifically protected by Federal law and regulations? Central East
Alcoholism and Drug Council is required to comply with these additional
restrictions. This includes a prohibition, with very few exceptions, on
informing anyone outside the program that you attend the program or
disclosing any information that identifies you as an alcohol or drug
abuser. The violation of Federal laws or regulations by this program is a
crime. If you suspect a violation you may file a report to the appropriate
authorities in accordance with Federal regulations.
How
We May Use and Disclose Health Information About You
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For
Treatment. We may use medical and clinical information
about you to provide you with treatment or services.
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For
Payment.
With your authorization, we may use and disclose medical
information about you so that we can receive payment for the
treatment services provided to you.
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For Health Care Operations.
We may use and disclose your protected health information
("PHI") for certain purposes in connection with the
operation of our program.
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Without Authorization.
Applicable law also permits us to disclose information about you
without your authorization in a limited number of other situations,
such as with a court order. These situations are explained on the
following pages.
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With
Authorization. We must obtain written authorization from you
for other uses and disclosures of your PHI.
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Your Rights Regarding Your PHI.
You have the following rights regarding
PHI we maintain about you:
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Right
of Access to Inspect and Copy.
You have the right, which may be restricted in certain
circumstances, to inspect and copy PHI that may be used to make
decisions about your care. We may charge a reasonable, cost-based
fee for copies.
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Right
to Amend. If you feel
that the PHI we have about you is incorrect or incomplete, you may
ask us to amend the information although we are not required to
agree to the amendment.
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Right to an Accounting of Disclosures.
You have the right to request an accounting of the disclosures that
we make of your PHI.
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Right to Request Restrictions.
You have the right to request a restriction or limitation on the
use or of your PHI for treatment, payment, or health care
operations. We are not required to agree to your request.
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Right
to Request Confidential Communication.
You have the right to request that we communicate with you about
medical matters in a certain way or at a certain location.
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Right to a Copy of this
Notice. You have the
right to a copy of this notice.
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Complaints.
You have the right to file a complaint in writing to us or to the
Secretary of Health and Human Services if you believe we have
violated your privacy rights. We
will not retaliate against you for filing a complaint.
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If
you have any questions about this Notice of Privacy Practices,
please
contact our Privacy Officer: Pamela P. Irwin, Ph.D., Executive Director
635
Division Street, P.O. Box 532, Charleston, IL, 61920 Phone - 217-348-8108
This
Notice of Privacy Practices describes how we may use and disclose your
protected health information ("PHI") in accordance with all
applicable law, It also describes your rights regarding how you may gain
access to and control your PHI? We are required by law to maintain the
privacy of PHI and to provide you with notice of our legal duties and
privacy practices with respect to PHI. We are required to abide by the
terms of this Notice of Privacy Practices. We reserve the right to change
the terms of our Notice of Privacy Practices at any time. Any new Notice of
Privacy Practices will be effective for all PHI that we maintain at that
time. We will make available a revised Notice of Privacy Practices by
posting a copy on our website ceadcouncil.org,
sending a copy to you in the mail upon request, or providing one
to you at your next appointment.
How
We May Use and Disclose Health Information About You
Listed below are examples of the uses and
disclosures that Central East Alcoholism and Drug Council may make of your
protected health information ("PHI"). These examples are not
meant to be exhaustive. Rather, they describe types of uses and disclosures
that may be made.
Uses and Disclosures of PHI for
Treatment. Payment and Health Care Operations
Treatment.
Your PHI may be used and disclosed by your physician, counselor,
program staff and others outside of our program that are involved in your
care for the purpose of providing, coordinating, or managing your health
care treatment and any related services. This includes coordination or
management of your health care with a third party, consultation with other
health care providers or referral to another provider for health care
treatment. For example, your protected health information may be provided
to the state agency that referred you to our program to ensure that you are
participating in treatment, In addition, we may disclose your protected
health information from time-to-time to another physician or health care
provider (e.g., a specialist or laboratory) who, at the request of the
program, becomes involved in your care.
Payment.
We will not use your PHI to obtain payment for your health care
services without your written authorization. Examples of payment-related
activities are: making a determination of eligibility or coverage for
insurance benefits, processing claims with your insurance company,
reviewing services provided to you to determine medical necessity, or
undertaking utilization review activities.
Healthcare
Operations. We may
use or disclose, as needed, your PHI in order to support the business
activities of our program including, but not limited to, quality assessment
activities, employee review activities, training of students, licensing,
and conducting or arranging for other business activities. For example, we may use a sign-in sheet at the
registration desk where you will be asked to sign your name and indicate
your physician or counselor. We may also call you by name in the waiting
room when it is time to be seen, We may share your PHI with third parties
that perform various business activities (e.g., billing or typing services)
for Central East Alcoholism and Drug Council, provided we have a written
contract with the business that prohibits it from re-disclosing your PHI
and requires it to safeguard the privacy of your PHI.
We may contact you to remind you of your
appointments or to provide information to you about treatment alternatives
or other health-related benefits and services that may be of interest to
you, We may also contact you concerning Central East Alcoholism and Drug
Council's fundraising activities.
Other Uses and Disclosures
That Do Not Require Your Authorization
Required
by Law. We may use or disclose your PHI to the extent that the
use or disclosure is required by law, made in compliance with the law, and
limited to the relevant requirements of the law. You will be notified, as
required by law, of any such uses or disclosures. Under the law, we
must make disclosures of your PHI to you upon your request. In addition, we
must make disclosures to the Secretary of the Department of Health and
Human Services for the purpose of investigating or determining our
compliance with the requirements of the Privacy Rule.
Health
Oversight. We may disclose PHI to a health oversight agency for
activities authorized by law, such as audits, investigations, and
inspections. Oversight agencies seeking this information include government
agencies and organizations that provide financial assistance to the program
(such as third-party payers) and peer review organizations performing
utilization and quality control? If we disclose PHI to a health oversight
agency, we will have an agreement in place that requires the agency to
safeguard the privacy of your information.
Medical
Emergencies. We may use or disclose your protected health
information in a medical emergency situation to medical personnel only, Our
staff will try to provide you a copy of this notice as soon as reasonably
practicable after the resolution of the emergency.
Child
Abuse or Neglect. We may disclose your PHI to a state or local
agency that is authorized by law to receive reports of child abuse or
neglect, However, the information we disclose is limited to only that
information which is necessary to make the initial mandated report.
Deceased
Patients. We may disclose PHI regarding deceased patients for
the purpose of determining the cause of death, in connection with laws
requiring the collection of death or other vital statistics, or permitting
inquiry into the cause of death.
Research.
We may disclose PHI to researchers if (a) an Institutional Review Board
reviews and approves the research and a waiver to the authorization
requirement; (b) the researchers establish protocols to ensure the privacy
of your PHI; (c) the researchers agree to maintain the security of your PHI
in accordance with applicable laws and regulations; and (d) the researchers
agree not to redisclose your protected health information except back to
Central East Alcoholism and Drug Council.
Criminal
Activity on Program Premises/Against Program Personnel. We may
disclose your PHI to law enforcement officials if you have committed a
crime on program premises or against program personnel.
Court
Order. We may
disclose your PHI if the court issues an appropriate order and follows
required procedures.
Uses and Disclosures
of PHI With Your Written Authorization
Other uses and
disclosures of your PHI will be made only with your written authorization.
You may revoke this authorization at any time, unless the program or its
staff has taken an action in reliance on the authorization of the use or
disclosure you permitted,
Your Rights Regarding
Your Protected Health Information
Your rights with
respect to your protected health information are explained below? Any
requests with respect to these rights must be in writing, A brief
description of how you may exercise these rights is included.
You have the right to inspect and copy
your Protected Health Information
You
may inspect and obtain a copy of your PHI that is contained in a designated
record set for as long as we maintain the record. A "designated record
set" contains medical and billing records and any other records that
the program uses for making decisions about you. Your request must be in
writing. We may charge you a reasonable cost-based fee for the copies? We
can deny you access to your PHI in certain circumstances. In some of those
cases, you will have a right to appeal the denial of access? Please contact
our Privacy Officer if you have questions about access to your medical
record.
You may have the right to amend your Protected
Health Information
You may request, in writing, that we amend your
PHI that has been included in a designated record set? In certain cases, we
may deny your request for an amendment, If we deny your request for
amendment, you have the right to file a statement of disagreement with us.
We may prepare a rebuttal to your statement and will provide you with a
copy of it, Please contact the Central East Alcoholism and Drug Council
Privacy Officer if you have questions about amending your medical record.
You have the right to receive an accounting of
some types of Protected Health Information disclosures.
You may request an accounting of disclosures for
a period of up to six years, excluding disclosures made to you, made for
treatment purposes or made as a result of your authorization, We may charge
you a reasonable fee if you request more than one accounting in any
12-month period. Please contact our Privacy Officer if you have questions
about accounting of disclosures.
You have a right to receive a paper copy of
this notice.
You
have the right to obtain a copy of this notice from us,
Any questions should be directed to our Privacy Officer.
You have the right
to request added restrictions on disclosures and uses of your Protected
Health Information.
You have the right to ask us not to use or
disclose any part of your PHI for treatment, payment or health care
operations or to family members involved in your care. Your request for
restrictions must be in writing and we are not required to agree to such
restrictions, Please contact our Privacy Officer if you would like to
request restrictions on the disclosure of your PHI.
You have a right to
request confidential communications.
You have the right to request to receive
confidential communications from us by alternative means or at an
alternative location, We will accommodate reasonable, written requests. We
may also condition this accommodation by asking you for information
regarding how payment will be handled or specification of an alternative
address or other method of contact. We will not ask you why you are making
the request. Please contact the Privacy Officer if you would like to make
this request?
Complaints
If you believe we have
violated your privacy rights, you may file a complaint in writing to us by
notifying our Privacy Officer, Pamela P? Irwin, Ph.D., Executive Director
at 635 Division, P.O. Box 532, Charleston, IL, 61920 (telephone number -
217-348-8108). We will not retaliate against you for filing a complaint.
You may also file a complaint with the U.S. Secretary of Health and Human
Services as follows:
200
Independence Avenue,
S.W.
Washington, D.C. 20201
(202)
619-0257
The
effective date of this Notice is April 14, 2003.
From
the IADDA
HIPAA HANDBOOK: IMPLEMENTATION MANUAL
NOTICE 001
®
2002 Popovits & Robinson, P.C.
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