Since 1972 to the present, all treatment information regarding persons enrolled in alcohol and drug abuse treatment programs has been protected under federal regulations (42 CFR Part 2). The confidentiality of your patient records and the privacy of your health information are covered under two separate federal laws (42 CFR Part 2* 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 (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.
Confidentiality of Alcohol and Drug Abuse Patient Records
The confidentiality of alcohol and drug abuse patient records maintained by this program is protected under the Federal Regulation 42 CFR Part 2. 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:
- The patient consents in writing
- The disclosure is allowed by a court order and a subpoena.
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit or program evaluations
HIPAA Notice of Privacy Practices
For the agency to be in compliance with HIPAA, we are required to provide you with the following information. However, in most cases, federal regulation 42 CFR Part 2 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 that relates to your past, present or future physical or mental health or condition and related health care services.
We use and disclose health information about you for treatment, payment and healthcare operations: For example:
- Treatment: We may use or disclose your health information to a physician or other healthcare provider providing treatment to you.
- Payment: We may use and disclose your health information to obtain payment for services we provide.
- 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.
- Patient contact: We may use or disclose your health information to provide you with appointment reminders or for required “call backs.”
- Required by law: We may use or disclose your health information when we are 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 give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use of disclosures permitted by your authorization while it was in effect. Unless you give us a 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 a crime. Suspected violations may be reported to appropriate authorities in accordance with 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
You have a right to look at or get copies of you 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, 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 make a 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 you 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.
You have the right to receive a list of instance in which we or our business associates disclosed your health information for purpose, other than treatment, payment, healthcare operations and certain other activities, for the last 6 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 of 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).
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 specific the alternative means or location, and provide satisfactory explanation how payments will be handled under the alternative means or location your request.
You have the right to request that we amend your health information. Your request must be in writing, and it must explain whey 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, please contact us.
If 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, you may complain to us using the contact information listed at he 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.
|JSAS HealthCare, Inc.|
Privacy Officer: Diane Villari
685 Neptune Boulevard, Suite 101
Neptune, NJ 07753
|Office for Civil Rights|
US Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C., 20201
* [See 42 U.S.C. 290dd-3 and 42 U.S.C. 290ee-3 for Federal laws and 42 C.F.R. Part 2 for Federal Regulations]
† Health Insurance Portability and Accountability Act, 1996