Notice Of Privacy Practices for Protected Health Information

“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.”

The HIPAA Privacy Rule & 42 CFR Part 2

Federal law ensures the privacy and security of patients' health information. While HIPAA applies broadly to all patient health information, 42 CFR Part 2 (Part 2) provides stringent privacy protection for substance use disorder (SUD) records. Privacy and confidentiality are crucial to treatment, particularly when it comes to mental health and substance use disorders. Individuals seeking treatment for mental health conditions or substance use disorders depend on strict confidentiality protections in order to feel confident sharing sensitive information with their providers.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects sensitive patient health information (PHI) from being disclosed without the patient's consent or knowledge. It was passed in 1996 and sets the standards for handling, storing, and transmitting PHI to ensure the privacy and security of medical records. The HIPAA Privacy and Security Rules protect the privacy and security of individually identifiable health information.

For over fifty years, federal law has protected the confidentiality of people who seek treatment for substance use disorders. The privacy law and its implementing regulations, 42 USC § 290dd-2, 42 CFR Part 2, are commonly referred to together as “Part 2.” Part 2 protects records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, which is conducted, regulated, directly or indirectly assisted by any department or agency of the United States.

Part 2 also continues to restrict the disclosure of SUD treatment records without patient consent, other than as statutorily authorized in the context of a bona fide medical emergency; or for the purpose of scientific research, audit, program evaluation; or based on an appropriate court order.

• A single consent is allowed for all future uses and disclosures for treatment, payment, and health care operations (TPO)
• Written consent is required for the disclosure of treatment records.
• A separate written consent is required for the disclosure of counseling notes.
• Substance use treatment records cannot be used to investigate or prosecute the patient without written patient consent or a court order.
• Records obtained in an audit or evaluation of a Part 2 program cannot be used to investigate or prosecute patients, absent written consent of the patients or a court order that meets Part 2 requirements.
• Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported.
• Disclosure for the purpose of "payment and health care operations" are permitted with written consent.
• You have the right to file a complaint directly with the Secretary or with your treatment program.

• Your treatment records may be disclosed during a medical emergency.
• Declared emergencies resulting from natural disasters that disrupt treatment facilities and services are considered a "bona fide medical emergency," your records may be shared without consent to assure continuation of care is available.
• The purpose of scientific research.
• An audit or program evaluation.
• An appropriate court order.
• Mandated reporting of suspected child abuse or neglect

• You can ask to see or get a copy of your medical record. If you want a copy, you may have to put your request in writing and pay for the cost of copying and mailing. In most cases, your copies must be given to you within 30 days.
• You can ask to change any wrong information in your file or add information to your file if you think something is missing or incomplete.
• You can ask to limit what information is used or shared.
• You can ask for a list of those whom your information has been shared.
• You can choose someone to act on your behalf.
• You have the right to file a complaint if your rights have been violated.
• You have the right to file a complaint with your provider, health insurer, or the U.S. Department of Health and Human Services by phone, online, or in writing.
• You have the right to request to be contacted in a specific manner or location.
• Request restrictions of disclosures made with prior consent for purposes of treatment, payment, and health care operations (TPO).
• Request and obtain restrictions of disclosures of Part 2 records to your health plan for those services for which the patient has paid in full.
• Obtain an electronic or paper copy of the notice on request.
• Discuss the notice with a designated contact person.
• A list of disclosures by an Intermediary for the past 3 years.
• Elect not to receive any fundraising communications.

• To anyone who requests it.
• To a patient not later than the date of the first service delivery, including where first service is delivered electronically or as soon as reasonably practicable after emergency treatment.
• To be posted in a clear and prominent location at any physical delivery site where a patient would be able to read the notice in a manner that does not identify the patient as receiving substance use disorder treatment.
• To be included on a program’s website, where available.

Other Important Information:

DanaCare can use/share your information to bill and receive payment from health insurances, laboratory services, electronic health record documentation and storage, and other third-party contractors with your written consent. DanaCare will not ever market or sell your information.

The information you have reviewed describes your rights over your health information, including the right to get a copy of your information, make sure it is correct, and know who has seen it.

Violations of the Federal law and regulations are a crime. If you feel your rights have been violated you have the right to file a complaint with DanaCare or directly with the Secretary of Health and Human Services via phone, letter, or online. Information is provided below. DanaCare will not retaliate, refuse services, or discriminate against anyone who files a complaint.

DanaCare Compliance Officer

6530 Sheridan Rd Suite 7

Kenosha, Wi 53143

262-455-7047

compliance@mywellnessandrecovery.com

U.S Department of Health and Human Services Office for Civil Rights

200 Independence Ave, S.W.

Washington, D.C. 20201

1-877-696-6775

www.hhs.gov/ocr/privacy/hipaa/complaints