Hipaa Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL/MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY
Your personal information is a vital part of the total service we may provide to you. It is used in determining services and treatments, as well as being important for administrative organization. Ability Health and Rehabilitation will only release information in accordance with state and federal laws and the ethics of the counseling profession. This notice describes our policies related to the use and disclosure of our members’ health care information. Except for the purposes described below, we will use and disclose Health Information only with your written permission. You may revoke such permission at any time by writing to our HIPAA PRIVACY OFFICIAL. If you revoke your authorization, we will no longer use or disclose health information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your authorization, and that we are required to retain our records of the care that we provided to you.
Use and Disclosure of Protected Health Information for the Purpose of Providing Services.
Providing treatment services, collecting payment and conducting health care operations are necessary activities for quality care. State and Federal laws allow us to use and disclose your health information for these purposes. We may use or disclose your health information for certain purposes without your written authorization, including the following:
Treatment:
We may use or disclose your information for the purpose of treating you. For example, we may disclose your information to another healthcare provider so they may treat you; to provide appointment reminders; or to provide information about treatment alternatives or services we offer; for a consultation or to make a referral.
Payment:
We may use or disclose your information to obtain payment for services provided to you. For example, we may disclose information to your health insurance company or other payer to obtain preauthorization or payment for treatment or to collect fees. Members have the right to restrict certain disclosures of PHI to health plans/insurance companies if the Member pays out of pocket in full for the health care services.
Healthcare Operations:
We may use or disclose your information for certain activities that are necessary to operate our practice and ensure that our members receive quality care. For example, we may use information to train or review the performance of our staff to make decisions affecting the practice; review treatment procedures; review business activities; staff training; or for compliance and licensing/certification activities.
Business Associates:
We may disclose Health Information to our business associates that perform functions on our behalf or provide us with the services if the information is necessary for such functions or services. All of our business associates are obligated to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract.
Other uses or Disclosures:
We may use or disclose your information for certain other purposes allowed by 45 CFR § 164.512 or other applicable laws and regulations, including the following:
- To avoid a serious threat to your health or safety or the health or safety of others, including threats to national security.
- As required by state or federal law such as reporting, abuse, neglect or certain other events.
- For certain issues related to criminal damage.
- As allowed by workers compensation laws for use in workers compensation proceedings,
- For certain public health activities such as
reporting certain diseases - For certain public health oversight activities such as audits, investigations, or licensure actions
- In response to a court order, warrant or subpoena in judicial or administrative proceedings
- For certain specialized government functions such as the police, military or correctional institutions.
- For research purposes if certain conditions are satisfied
- In response to certain requests by law enforcement to locate a fugitive, victim, witness, or to report deaths or certain crimes.
- Affected Members have the right to be notified following a breach of unsecured protected health information.
Uses and Disclosures With Your Written Authorization:
Other uses and disclosures not described in this Notice will be made only with your written authorization, including most uses or disclosures of psychotherapy notes; for most marketing purposes; or if we seek to sell your information. You may revoke your authorization by submitting a written notice to Ability Health and Rehabilitation. The revocation will not be effective to the extent we have already taken action in reliance on the authorization.
Limits of Confidentiality
The information you share with your provider is meant to be kept confidential. However, limits of confidentiality only apply to psychotherapy, certain circumstances cannot be kept confidential, and these circumstances include:
Suicide:
If you are assessed to be a danger to yourself; cannot guarantee your physical safety against the intention of suicide; and/or have immediate suicidal plans, this information is not considered to be “confidential”, Actions may be taken to ensure your safety.
Homicide:
If you are assessed to be a danger to others, cannot guarantee their safety; and have immediate, specific plans to cause fatal injury/harm to another person, this information is not considered to be confidential. Actions may be taken to protect the safety of others. The police may be notified of your intentions as well as the intended victim.
Court order/subpoena:
Your Mental Health provider(s) can be required to relinquish a copy of your written records to the appropriate Courts. Providers can also be subpoenaed to testify in court without your permission.
Child, Elder, Disabled Persons Abuse/Neglect:
Idaho Law requires your provider to report to the appropriate authorities (i.e. Child Protective Services) any suspicion or evidence of abuse or neglect of special populations. This law also applies to past incidents of abuse or neglect.