HIPAA NOTICE OF PRIVACY ACT
THIS NOTICE CONTAINS INFORMATION CONCERNING HOW CONFIDENTIAL MENTAL HEALTH TREAMENT INFORMATION CONCERNING YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY AND LET US KNOW ANY QUESTIONS THAT YOU MAY HAVE CONCERNING THIS NOTICE. During the process of providing services to you, Alano House will obtain and use mental health and medical information concerning you that is both confidential and privileged. Ordinarily this confidential information will be used in the manner that is described in this document, and will not be disclosed without your consent, except for the circumstances described in this Notice.
USES AND DISCLOSURES OF PROTECTED INFORMATION
- General Uses and Disclosures Not Requiring the Client's Consent, Alano House. -- Colorado Springs, CO, 80907, will use and disclose protected health information in the following ways:
- Treatment. Treatment refers to the provision, coordination, or management of mental health care and related service by one or more health care providers. For example, ALANO HOUSE therapists and staff involved with your care may use your information to plan your course of treatment and consult with other health care professionals or their staff concerning services needed or provided to you.
- Payment. Payment refers to the activities undertaken by a health care provider to obtain or provide reimbursement for the provision of health care. For example, ALANO HOUSE and other health care providers will use information that identifies you, including information concerning your diagnosis, services provided to you, dates of services, services needed by you, and may disclose such information to insurance companies, to businesses that review bills for health care services and handle claims for payment of health care benefits in order to obtain payment for services.
- Health Care Operations. Health Care Operations means activities undertaken by health insurance companies, businesses that administer health plans, and companies that review bills for health care services in order to process claims for health care benefits. These functions include management and administrative activities. For example, such companies may use your health information in monitoring of service quality, staff training and evaluation, medical reviews, legal services, auditing functions, compliance programs, business planning, and accreditation, certification, licensing, and credentialing activities.
- Contacting the Client. ALANO HOUSE may contact you to remind you of appointments and to tell you about treatments or other services that may be of a benefit to you.
- Required by Law. ALANO HOUSE will disclose protected health information when required by law. This includes, but is not limited to: (a) reporting child abuse or neglect to the Department of Human Services or to law enforcement; (b) when court ordered to release information; (c) when there is a legal duty to warn of a threat that a client has made of imminent physical violence (health care professionals are required to notify the potential victim of such a threat and report it to law enforcement); (d) when a client is imminently dangerous to themselves or others, or is gravely disabled (health care professionals may have a duty to hospitalize the client in order to obtain a 72-hour evaluation of the client); and (e) when required to report threat to the national security of the United States.
- Health Oversight Activities. Your confidential, protected health information may be disclosed to health oversight agencies for oversight activities authorized by law and necessary for the oversight of the health care system.
- Personnel. Crimes observed by ALANO HOUSE, or that are directed toward staff, will be reported to law enforcement.
- Business Associates. Confidential health care information concerning you, provided to insurers to plan for purposes or payment for services that you receive may be disclosed to business associates. For example, some administrative, clinical, quality assurance, billing, legal, auditing, and practice management services may be provided by contracting with outside entities to perform those services. In those situations, protected health information will be provided to those contractors as is needed to perform their contracted tasks. Business associates are required to enter into an agreement maintaining the privacy of the protected health information released to them.
- Research. Protected health information concerning you may be used with your permission for research purposes if the relevant provisions of the Federal HIPAA Privacy Regulation are followed.
- Involuntary Clients. Information regarding clients who are being treated involuntarily, pursuant to the law or requirement of the program, will be shared with other treatment providers, legal entities, third party payers and others, as necessary to provide the care and management coordination needed in compliance with Colorado Law.
- Family Members. Except for certain minors, incompetent clients, or involuntary clients, protected health information cannot be provided to family members without the client's consent. In situations where family members are present during a discussion with the client, and it can be reasonable inferred from the circumstances that the client does not object, information may be disclosed in the course of that discussion. However, if the client objects, protected health information will not be disclosed.
- Emergencies. In life threatening emergencies, ALANO HOUSE staff will disclose information necessary to avoid serious harm or death.
- Client Release of Information or Authorization. ALANO HOUSE and other health care professionals may not use or disclose protected health information in any way without a signed release of information or authorization. When you sign a release of information, or an authorization, it may be revoked, provided the revocation is in writing. The revocation will apply, except to the extent ALANO HOUSE has already taken action in reliance thereon.
YOUR RIGHTS AS A CLIENT
- Access to Protected Health Information. You have the right to receive a summary of confidential health information concerning mental health services needed or provided to you. There are some limitations to this right, which will be provided to you at the time of your request, if any such limitation applies.
- Amendment of Your Record. You have the right to request that ALANO HOUSE or your health care professionals amend your protected health information. ALANO HOUSE is not required to amend the record if it determined the record is accurate and complete. There are other exceptions, which will be provided to you at the time of your request, if relevant, along with the appeal process available to you.
- Accounting of Disclosures. You have the right to receive an accounting of certain disclosures ALANO HOUSE has made regarding your protected health information. However, that accounting does not include disclosures that were made for the purpose of treatment, payment, or health care operations. There are other exceptions that will be provided to you, should you request an accounting.
- Additional Restrictions. You have the right to request additional restrictions on the use or disclosure of your health information. ALANO HOUSE does not have to agree to that request, and there are certain limits to any restriction, which will be provided to you at the time of your request.
- Alternative Means of Receiving Confidential Communications. You have the right to request that you receive communications of protected health information from ALANO HOUSE by alternative means or at alternative locations. For example, if you do not want ALANO HOUSE to mail materials to your home, you can request that this information be sent to another address. There are limitations to the granting of such requests, which will be provided to you at the time of the request process.
- Copy of this Notice. You have the right to obtain another copy of this Notice upon request.
- Privacy Laws. ALANO HOUSE is required by State and Federal law to maintain the privacy of protected health information. In addition, ALANO HOUSE is required by law to provide clients with notice of its legal duties and privacy practices with respect to protected health information. That is the purpose of this Notice.
- Terms of the Notice and Changes to the Notice. ALANO HOUSE is required to abide by the terms of this Notice, or any amended Notice that may follow. ALANO HOUSE reserves the right to change the terms of its Notice and to make the new Notice provisions effective for all protected health information that it maintains.
- Complaints Regarding Privacy Rights. If you believe ALANO HOUSE has violated your privacy rights, you have the right to complain to Elizabeth Malone, Executive Director at Alano House, in writing concerning your complaint and the basis for it. You also have the right to complain to the Department of Regulatory Agencies, Mental Health Section, 1560 Broadway, Suite 1550, Denver, Colorado, 80902. (303) 495-7855.
- Additional Information. If you desire additional information about your privacy rights at ALANO HOUSE, please ask us any questions that you may have.
CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE CLIENT RECORDS
- The confidentiality of alcohol and drug abuse client records maintained by ALANO HOUSE is protected by Federal law and regulations. Generally, the program may not say to a person outside the program that a client attends the program, or disclose any information identifying a client as an alcohol or drug abuser unless:
- The patient comments in writing;
- The disclosure is allowed by a court order; or,
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit or program evaluation.
- Violation of the Federal Law or regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with Federal regulations.
- Federal law and regulations do not protect any information about a crime committed by a client either at the program or against any person who works for the program or about any threat to commit such a crime. Disclosure may be made concerning any threat made by a client to commit imminent physical violence against another person to the potential victim who has been threatened and to law enforcement.
- Federal law 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.