The Rehabilitation Center

HIPPA Privacy Notice

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. Effective date: April 14, 2003

I. IT IS THE CENTER'S LEGAL DUTY TO SAFEGUARD YOUR PROTECTED HEALTH INFORMATION (PHI)

By law, The Rehabilitation Center; Therapeutic Solutions for Children and Adults (Center) is required to insure that your PHI is kept private. PHI constitutes information created or noted by Center staff and therapists that can be used to identify you. It contains data about your past, present or future health or condition, the provision of health care services to you, or the payment for such health care. The Center is required to provide you with this Notice about privacy procedures. This Notice must explain when, why and how the Center would use and/or disclose your PHI. "Use" of PHI means when the Center shares, applies, utilizes, examines or analyzes information within its practices; PHI is "disclosed" when the Center releases, transfers, gives or otherwise reveals it to a third party outside of the Center. With some exceptions, the Center may not use or disclose more of your PHI than is necessary to accomplish the purpose for which the use or discourse is needed; the Center is always legally required to follow the privacy practices described in this Notice.

The Center reserves the right to change the terms of this Notice and privacy policies at any time. Any changes will apply to PHI already on file. Before making any important changes, the Center will immediately change this Notice and post a new copy of it in the Consumer Coordinator's office and on the website (TheRehabCenter.net). You may also request a copy of the Notice.

II. HOW THE CENTER WILL USE AND DISCLOSE YOUR PHI.

The Center will use and disclose your PHI for many different reasons. Some of the uses for disclosure will require your prior written authorization, others will not. Below you will find the different categories of the Center's uses and disclosures, with some examples.

A. Uses and Disclosures Related to Treatment, Payment or Health Care Operations Do Not Require Your Prior Written Consent. The Center may use and disclose your PHI without your consent for the following reasons:

1. Treatment. The Center may disclose your PHI to physicians and other licensed health care providers who provide you with health care services or are otherwise involved in your care. Example: If a physician is treating you, the Center may disclose your PHI to your doctor in order to coordinate your care.

2. Health care operations. The Center may disclose your PHI to facilitate the efficient and correct operation of the Center's practice. Examples: Quality control. The Center may use your PHI in the evaluation of the quality of services you have received or to evaluate the performance of the professionals who provided you with those services. The Center may also provide your PHI to its attorneys, accountants, consultants, and others to make sure that the Center is in compliance with applicable laws.

3. To obtain payment for treatment. The Center may use and disclose your PHI to bill and collect payment for the treatment and services provided to you. Example: The Center might send your PHI to your insurance company or health plan in order to get payment.

4. Other disclosures. Examples: Your consent is not required if you need emergency treatment provided that the Center attempts to get your consent after treatment is rendered. In the event that you are unable to communicate (example: unconscious or in severe pain) but the Center thinks you would consent to emergency treatment if you could, the Center may disclose your PHI.

B. Certain Other Uses and Disclosures That Do Not Require Consent. The Center may use and/or disclose your PHI without your consent or authorization for the following reasons.

1. When disclosure is required by federal, state, or local law; judicial, board or administrative proceedings; or law enforcement. Example: The Center may disclose your PHI to the appropriate officials when a law requires it.

2. If disclosure is compelled by a party to a proceeding before a court or an administrative agency pursuant to its lawful authority.

3. If disclosure is required by a search warrant lawfully issued.

4. If disclosure is compelled by the patient or patient's representative pursuant to federal and state statutes of regulations such as the Privacy Rule that requires this Notice.

5. To avoid harm. The Center may provide PHI to law enforcement personnel or persons able to prevent or mitigate a serious threat to the health or safety of a person or the public.

6. Disclosure is mandated by Child Abuse and Neglect Reporting Law and Elder/Dependent Adult Abuse and Neglect Reporting Law. Example: If the Center has a reasonable suspicion of child abuse or neglect.

7. For public health activities. Example: In the event of your death, if disclosure is permitted or compelled, the Center may need to give the coroner your PHI.

8. For health oversight activities. Example: Your PHI may be disclosed to provide information to assist the government investigate or inspect a health care organization or provider.

9. For specific government functions. Example: The Center may disclose your PHI in the interests of national security such as protecting the President or assisting with intelligence operations.

10. For Worker's Compensation purposes. Your PHI may be disclosed in order to comply with W.C. laws.

11. Appointment reminders and health related benefits or services. Example: the Center may use your PHI to provide appointment reminders and/or re/scheduling. The Center may use your PHI to give you information about other treatment options, health care services or benefits the Center offers or which might be of interest to you.

12. If an arbitrator or arbitration panel compels disclosure. When arbitration is lawfully requested by either party, pursuant to subpoena or any other provision authorizing disclosure.

13. If disclosure is required or permitted to a health oversight agency for oversight activities authorized by law. Example: When compelled by the US Secretary of Health and Human Services to investigate or assess the Center's compliance with HIPAA regulations.

14. If disclosure is otherwise specifically required by law.

C. Certain Uses and Disclosures Require You to Have the Opportunity to Object

1. Disclosure to family, friends or others. The Center may provide your PHI to family members, friends or other individuals who you have indicated are involved in your care or are responsible for the payment for your health care, unless you object in whole or in part. Retroactive consent may be obtained in emergency situations.

D. Other Uses and Disclosures Require Your Prior Written Authorization. In any other situation not described above, the Center will request your written authorization before using or disclosing any of your PHI. Even if you have signed an authorization to disclose your PHI, you may later revoke that authorization, in writing, to stop any future uses and disclosures (assuming the Center has not taken any action subsequent to the original authorization).

III. WHAT RIGHTS YOU HAVE REGARDING YOUR PHI.

These are your rights regarding your PHI.

A. The Right to See and Get Copies of Your PHI. You have the right to see and/or get copies of your PHI that is in the Center's possession. You must request both in writing. You will receive a response within 30 days of receiving your written request. You do not, however, have an automatic right to access psychotherapy notes or information compiled for use in civil, criminal or administrative actions or proceedings. There are limited grounds for denial of patient access to PHI. Any denial of access will be accompanied by information on how you can have the denial reviewed or how you can make a complaint.

B. The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to ask that the Center limits how it uses and discloses your PHI. While the Center will consider your request, it is not legally bound to agree. If the Center does agree to your request, it will put those limits into writing and abide by them except in emergency situations. You do not have the right to limit the uses and disclosures that the Center is legally required or permitted to make.

C. The Right to Choose How the Center Sends Your PHI to You. It is your right to ask that your PHI be sent to you at an alternate address (example: work rather than home) or by an alternate method (example: "pick-up" rather than regular mail). The Center is obliged to agree to your request providing that it can give you the PHI in the format you request without undue inconvenience.

D. The Right to Get a List of the Disclosures the Center Has Made.

1. You are entitled to a list of disclosures of your PHI that the Center has made. The list will not include uses or disclosures to which you have already consented; ie - those for treatment, payment, or health care operations, those sent directly to you or to your family. Neither will the list include disclosures made for national security purposes, to corrections or law enforcement personnel or disclosures made before April 15, 2003. After April 15, 2003, disclosure records will be held for six years.

2. The Center will respond to your request for an accounting of disclosures within 60 days of receiving your written request. The list given you will include disclosures made in the previous six years (the first six year period being 2003-2009) unless you indicate a shorter period. The list will include the date of disclosure, to whom PHI was disclosed (included address, if known), a description of the information disclosed and the reason for disclosure.

E. The Right to Amend Your PHI. If you believe that there is some error in your PHI or that important information has been omitted, it is your right to request that the Center correct the existing information or add the missing information. Your request and the reason for that request must be made in writing. You will receive a response within 60 days of receipt of your request. The Center may deny your request if it is determined that your PHI is correct and complete or not created by the Center. The denial will be in writing, will state the reasons for denial, and will explain your right to file a written statement objecting to the denial. If you do not file a written objection, you still have the right to ask that your request and the Center's denial be attached to any future discourses of your PHI. If the Center approves your request, it will make the change to your PHI. You will be informed that the change has been made and the Center will advise all others who need to know about the change to your PHI.

IV. HOW TO COMPLAIN ABOUT THE CENTER'S PRIVACY PRACTICES

If you believe the Center has violated your privacy rights, or if you object to a decision made about the access to your PHI, you are entitled to file a complaint with the Center's "Privacy Officer", the Consumer Coordinator. You may also send a written complaint to the Secretary of the Department for Health and Human Services at 200 Independence Ave SW, Washington, DC 20201. If you file a complaint about the Center's privacy practices, no retaliatory action will be taken against you.