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NOTICE OF PRIVACY PRACTICES
Health Insurance Portability and Accountability Act (HIPAA)

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

 

I. COMMITMENT TO YOUR PRIVACY: Adelante Mental Health (henceforth referred to as “This Practice”) is dedicated to maintaining the privacy of your protected health information (PHI) and electronic protected health information (ePHI) (henceforth condensed and referred to as simply PHI). PHI is information that may identify you and that relates to your past, present, or future physical or mental health condition and related health care services either in paper or electronic format. This Notice of Privacy Practices (“Notice”) is required by law to provide you with the legal duties and the privacy practices that This Practice maintains concerning your PHI.  It also describes how medical and mental health information may be used and disclosed, as well as your rights regarding your PHI.  Please read carefully and discuss any questions or concerns with your therapist.

 

II. LEGAL DUTY TO SAFEGUARD YOUR PHI: By federal and state law, This Practice is required to ensure that your PHI is kept private.  This Notice explains when, why, and how This Practice would use and/or disclose your PHI. Use of PHI means when This Practice shares, applies, utilizes, examines, or analyzes information within its practice; PHI is disclosed when This Practice releases, transfers, gives, or otherwise reveals it to a third party outside of This Practice. With some exceptions, This Practice may not use or disclose more of your PHI than is necessary to accomplish the purpose for which the use or disclosure is made; however, This Practice is always legally required to follow the privacy practices described in this Notice.

III.  CHANGES TO THIS NOTICE: The terms of this notice apply to all records containing your PHI that are created or retained by This Practice.  Please note that This Practice reserves the right to revise or amend this Notice of Privacy Practices.  Any revision or amendment will be effective for all of your records that This Practice has created or maintained in the past and for any of your records that This Practice may create or maintain in the future.  This Practice will have a copy of the current Notice available in a visible location or on our website at all times, and you may request a copy of the most current Notice at any time.  The date of the latest revision will always be listed at the end of This Practice’s Notice of Privacy Practices.

 

IV. HOW This Practice MAY USE AND DISCLOSE YOUR PHI:  This Practice will not use or disclose your PHI without your written authorization, except as described in this Notice or as described in the “Information, Authorization and Consent to Treatment” document.  Below, you will find the different categories of possible uses and disclosures with some examples.

1. For Treatment: This Practice may disclose your PHI to physicians, psychiatrists, psychologists, and other licensed healthcare providers who provide you with healthcare services or are otherwise involved in your care. Example: If you are also seeing a psychiatrist for medication management, This Practice may disclose your PHI to her/him in order to coordinate your care.   Except for in an emergency, This Practice will always ask for your authorization in writing prior to any such consultation.

2. For Health Care Operations: This Practice may disclose your PHI to facilitate the efficient and correct operation of its practice, improve your care, and contact you when necessary. Example:  We use health information about you to manage your treatment and services.

3. To Obtain Payment for Treatment: This Practice may use and disclose your PHI to bill and collect payment for the treatment and services This Practice provided to you. Example: This Practice might send your PHI to your insurance company or managed health care plan to get payment for the health care services that have been provided to you. This Practice could also provide your PHI to billing companies, claims processing companies, and others that process health care claims for This Practice’s office if either you or your insurance carrier are not able to stay current with your account.  In this latter instance, This Practice will always do its best to reconcile this with you first prior to involving any outside agency.

4. Employees and Business Associates: There may be instances where services are provided to This Practice by an employee or through contracts with third-party “business associates.”  Whenever an employee or business associate arrangement involves the use or disclosure of your PHI, This Practice will have a written contract that requires the employee or business associate to maintain the same high standards of safeguarding your privacy that is required of This Practice. 

Note:  Federal law provides additional protection for certain types of health information, including alcohol or drug abuse, mental health, and AIDS/HIV, and may limit whether and how This Practice may disclose information about you to others.

V. USE AND DISCLOSURE OF YOUR PHI IN CERTAIN SPECIAL CIRCUMSTANCES – This Practice may use and/or disclose your PHI without your consent or authorization for the following reasons:

1. Law Enforcement: Subject to certain conditions, This Practice may disclose your PHI when required by federal, state, or local law; judicial, board, or administrative proceedings; or law enforcement. Example: This Practice may make a disclosure to the appropriate officials when a law requires This Practice to report information to government agencies, law enforcement personnel and/or in an administrative proceeding.   

2. Lawsuits and Disputes: This Practice may disclose information about you to respond to a court or administrative order or a search warrant. This Practice may also disclose information if an arbitrator or arbitration panel compels disclosure, when arbitration is lawfully requested by either party, pursuant to subpoena duces tectum (e.g., a subpoena for mental health records) or any other provision authorizing disclosure in a proceeding before an arbitrator or arbitration panel. This Practice will only do this if efforts have been made to tell you about the request and you have been provided an opportunity to object or to obtain an appropriate attorney to quash the subpoena or court order protecting the information requested.

3. Public Health Risks: This Practice may disclose your PHI to public health or legal authorities charged with preventing or controlling disease, injury, disability, to report births and deaths, and to notify persons who may have been exposed to a disease or at risk for getting or spreading a disease or condition.

4. Food and Drug Administration (FDA): This Practice may disclose to the FDA, or persons under the jurisdiction of the FDA, PHI relative to adverse events with respect to drugs, foods, supplements, products and product defects, or post-marketing surveillance information to enable product recalls, repairs, or replacement.

5. Serious Threat to Health or Safety: This Practice may disclose your PHI if you are in such mental or emotional condition as to be dangerous to yourself or the person or property of others and if This Practice determines in good faith that disclosure is necessary to prevent the threatened danger.  Under these circumstances, This Practice may provide PHI to law enforcement personnel or other persons able to prevent or mitigate such a serious threat to the health or safety of a person or the public. 

6. Minors: If you are a minor (under 18 years of age), This Practice may be compelled to release certain types of information to your parents or guardian in accordance with applicable law.

7. Abuse and Neglect: This Practice may disclose PHI if mandated by local child, elder, or dependent adult abuse and neglect reporting laws. Example: If This Practice has a reasonable suspicion of child abuse or neglect, This Practice will report this to the appropriate authorities.

8. Coroners, Medical Examiners, and Funeral Directors: This Practice may release PHI about you to a coroner or medical examiner.  This may be necessary, for example, to identify a deceased person, determine the cause of death, or perform other duties as authorized by law. This Practice may also disclose PHI to funeral directors, consistent with applicable law, to carry out their duties.

9. Communications with Family, Friends, or Others: This Practice may release your PHI to the person you named in your Durable Power of Attorney for Health Care (if you have one), to a friend or family member who is your personal representative (i.e., empowered under or other law to make health-related decisions for you), or any other person you identify, relevant to that person’s involvement in your care or payment related to your care.  In addition, This Practice may disclose your PHI to an entity assisting in disaster relief efforts so that your family can be notified about your condition.

10. Military and Veterans: If you are a member of the armed forces, This Practice may release PHI about you as required by military command authorities. This Practice may also release PHI about foreign military personnel to the appropriate military authority.

11. National Security, Protective Services for the President, and Intelligence Activities: This Practice may release PHI about you to authorized federal officials so they may provide protection to the President, other authorized persons, or foreign heads of state to conduct special investigations for intelligence, counterintelligence, and other national activities authorized by law.

12. Correctional Institutions: If you are or become an inmate of a correctional institution, This Practice may disclose PHI to the institution or its agents when necessary for your health or the health and safety of others.

13. For Research Purposes: In certain limited circumstances, This Practice may use information you have provided for medical/psychological research, but only with your written authorization.  The only circumstance where written authorization would not be required would be if the information you have provided could be completely disguised in such a manner that you could not be identified directly or through any identifiers linked to you.  The research would also need to be approved by an institutional review board that has examined the research proposal and ascertained that the established protocols have been met to ensure the privacy of your information.

14. For Workers' Compensation Purposes: This Practice may provide PHI in order to comply with Workers' Compensation or similar programs established by law.

15. Appointment Reminders: This Practice is permitted to contact you, without your prior authorization, to provide appointment reminders or information about alternative or other health-related benefits and services that you may need or that may be of interest to you. 

16.  Health Oversight Activities: This Practice may disclose health information to a health oversight agency for activities such as audits, investigations, inspections, or licensure of facilities. These activities are necessary for the government to monitor the health care system, government programs, and compliance with laws.  Example: When compelled by the U.S. Secretary of Health and Human Services to investigate or assess This Practice’s compliance with HIPAA regulations.

17.  If Disclosure is Otherwise Specifically Required by Law.

18.  In the Following Cases, This Practice Will Never Share Your Information Unless You Give Us Written Permission: Marketing purposes, sale of your information, most sharing of psychotherapy notes, and fundraising. If we contact you for fundraising efforts, you can tell us not to contact you again.

 

VI. Other Uses and Disclosures Require Your Prior Written Authorization: In any other situation not covered by this notice, This Practice will ask for your written authorization before using or disclosing medical information about you.  If you choose to authorize use or disclosure, you can later revoke that authorization by notifying This Practice in writing of your decision.  You understand that This Practice is unable to take back any disclosures it has already made with your permission, This Practice will continue to comply with laws that require certain disclosures, and This Practice is required to retain records of the care that its therapists have provided to you.

VII. RIGHTS YOU HAVE REGARDING YOUR PHI:

1. The Right to See and Get Copies of Your PHI either in paper or electronic format

2. The Right to Request Limits on Uses and Disclosures of Your PHI

3. The Right to Choose How This Practice Sends Your PHI to You

4. The Right to Get a List of Disclosures.  You are entitled to a list of disclosures of your PHI that This Practice has made

5. The Right to Choose Someone to Act for You

6. 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 This Practice correct the existing information or add the missing information.

7. The Right to Get This Notice by Email: You have the right to get this notice by email. You have the right to request a paper copy of it as well.

8. Submit all Written Requests: Submit to This Practice’s Director and Privacy Officer, Alejandra Pena

 

VIII. COMPLAINTS: If you are concerned your privacy rights may have been violated, or if you object to a decision This Practice made about access to your PHI, you are entitled to file a complaint.  You may also send a written complaint to the Secretary of the Department of Health and Human Services Office of Civil Rights. This Practice will provide you with the address. Under no circumstances will you be penalized or retaliated against for filing a complaint. 

 

IX. This Practice Responsibilities: We are required by law to maintain the privacy and security of your PHI. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. We must follow the duties and privacy practices described in this notice and give you a copy of it. We will not use or share your information other than as described here unless you tell us we can in writing.  If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

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