Confidentiality // HIPPA Notice
Clients in Treatment at River Rock Treatment have the following rights:
RIGHTS OF THOSE IN SERVICES:
Under HIPAA the person has the right to request restrictions on certain uses and disclosures of their health information. River Rock Treatment is not required to agree to any restrictions requested, but if it does agree then it is bound by that agreement and may not use or disclose any information which the person restricted except as necessary in a medical emergency (See Notice of Privacy Practices).
The person has the right to request that we communicate with them by alternative means or at an alternative location. River Rock Treatment will accommodate such requests that are reasonable and will not request an explanation from the person. They are asked to make the request in writing. Under HIPAA the person also has the right to inspect and copy their own health information maintained by River Rock Treatment, except to the extent that the information contains psychotherapy notes or information compiled for use in a civil, criminal or administrative proceeding or in other limited circumstances (See Notice of Privacy Practices).
Under HIPAA the person also has the right, with some exceptions, to amend health care information in River Rock Treatment records, and to request and receive an accounting of disclosures of health-related information made by River Rock Treatment during the six years prior to their request. They have a right to receive a paper copy of this notice, which is the Notice of Privacy Practices. The Notice of Privacy Practices is given to each person that begins services at River Rock Treatment. When the person signs the Consent to Treatment, they initial that they have received this notification.
1. To be treated with courtesy dignity and respect and compassion.
2. To understand the rules, expectations, treatment approaches and objectives of the program.
3. To receive services regardless of race, religion, ethnicity, age, handicap, or the course of financial support.
4. Upon request, to receive written information about all services provided by River Rock Treatment. Any time there are changes in services or costs the person receiving the services will be provided written notification of those changes.
5. To receive services in the least restrictive setting, subject to available funding.
6. Assurance that all those receiving services have a safe and sanitary environment.
7. To review their clinical record, as allowed by law.
8. Assurance that those receiving services and their families are free from physical, sexual, emotional abuse and neglect as well as financial abuse and exploitation by River Rock Treatment staff, management and others who are receiving services at River Rock Treatment.
9. Encouragement to participate in the development, review, and modification of their individualized service plan.
10. To obtain from his/her counselor, current information regarding diagnosis, treatment and prognosis in terms the client can reasonably understand unless it is detrimental to his/her present condition.
11. To receive from his/her counselor information necessary to give informed consent prior to the start of any procedure and/or treatment.
12. To receive from his/her counselor/medical professional information necessary to give informed consent prior to the start of any procedure and/or treatment.
13. To receive from his/her attending medical professional information necessary to give informed consent prior to the start of any procedure and/or treatment.
14. To refuse treatment and receive information from the clinical staff about any consequences that may occur as a result.
15. To every consideration of privacy concerning his/her treatment program. Case discussion, consultation, examination and treatment are confidential and should be conducted discreetly. Those not directly involved in the client’s care must have permission of the client to be present.
16. To expect that all services, communications and records pertaining to his/her care should be treated as confidential.
17. To expect continuing care.
18. To be advised if River Rock Treatment proposes to engage in any research project that could affect his/her treatment. The client has the right to refuse such research projects.
19. To examine and receive an explanation of his/her bill regardless of source of payment.
20. To know in advance what appointment times and counselors are available and where they are located.
21. To be informed by the counselor of continuing treatment requirements following discharge.
22. To know the rules and regulations of River Rock Treatment and the consequences of the rule or regulation violation.
23. To be informed of the infection control policies and procedures of River Rock Treatment.
24. Report abuse to the Vermont Regulatory Body.
25. Have all consents and laws of confidentiality explained to me.
26. File a grievance to my counselor or appropriate staff with details of the incident. My counselor will notify the Director immediately, and I will be contacted within seven (7) days by the Director.
27. Should I be dissatisfied with the steps taken to resolve my complaint; I may notify the Vermont Regulatory Body.
28. To submit grievances and complaints in person, in writing, via the telephone or via third party.
The Notice includes individual’s rights (HIPAA regulations 42 U.S.C. 1320d et seq., 45 C.F.R. Parts 160 & 164, and the Confidentiality Law, 42 U.S.C. 290dd-2, 42 C.F.R.Part 2) pertaining to his or her PHI and records, and how such rights may be exercised. It covers River Rock Treatment’s legal duties, describes the types of uses and disclosures that are permitted under this law, and how to file a formal grievance.
River Rock Treatment’s Release of Information form complies with state and federal regulations and contains the name of the client, content to be released, purpose of information to be released, party to whom the information will be released, date on which the release if signed, the expiration date of the release, information on how to revoke the release, and signature of the client or guardian. Limitations on information desired released may be indicated on the form. Psychotherapy notes are covered under HIPAA, thus are considered River Rock Treatment’s property and are not required to be disclosed to the client. In cases when a client’s information is subpoenaed follow the RESPONDING TO A REQUEST FOR CLIENT RECORDS (INCLUDING SUBPOENAS AND COURT MANDATES). All other PHI in the client’s chart is their property and can be requested by and copied for the client.
HIPAA requires an accounting if disclosures, which is a list of disclosures made without consent or authorization (in order for treatment, payment, or health care operations). All Qualified Service Organization / Business Associate Agreements state that all inadvertent re-disclosures need to be reported to River Rock Treatment within 24 hours of the incident. If there are cases where information is disclosed without an authorization a disclosure log needs to be implemented in the client’s chart.
HIPAA allows for unintended or incidental disclosure of PHI; however, it is absolutely imperative that any use, submission, or disclosure be documented on an Accounting of Disclosure form and remains in the person’s chart. Documentation should be specific as to what PHI was released, to whom it was released, reason for release, and why a consent for release of information was not obtained. The client and all appropriate parties involved should be notified of the accidental disclosure. An incident report should be completed and submitted to management.
Clients may update their records by completing the Request for Amending Personal Health information form. Amendments of PHI may only be completed if 1) a request has been made by the client and 2) the PHI originated in River Rock Treatment’s office.
New employees are trained in HIPAA within the first week of employment. Each staff member signs an agreement acknowledging the HIPAA regulations and penalties for violations of these regulations. The penalties are:
1. $100 per person per violation up to $25,000
2. Criminal – $50,000 fine and up to 1-year imprisonment for wrongful disclosure
3. Intent to sell, transfer or use PHI for gain is a $25,000 fine and up to 10 years imprisonment
Client Notice – Confidentiality of Alcohol and Drug Abuse Patient Records:
Federal law and regulations protect the confidentiality of alcohol and drug abuse patient records maintained by River Rock Treatment. Generally, River Rock Treatment may not say to a person outside the program that you attend the program, or disclose any information identifying you as an alcohol or drug abuser unless:
1. You consent in writing; OR
2. The disclosure is allowed by a court order; OR
3. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation; OR
4. You commit or threaten to commit a crime at the program against any person who works for the program, or an individual.
Violation of the law and regulations by a program is a crime. Suspected violations may be reported to the United States Attorney in the district where the violation occurs.
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.
(See 42 U.S.C. Sections 290dd-3, 290ee-3 for Federal laws and 42 CFR Part 2 for Federal regulations.)
Notice of Privacy Practices:
This notice describes how medical information regarding your health care, including payment for health care is protected by two federal laws: The Health Insurance Portability and Accountability Act of 1966 (“HIPAA”), 42 U.S.C. & 1320d et seq., 45 C.R.F. Part 160 & 164, and the confidentiality Law, 42 U.S.C. & 290dd-2, 42 C.F.R. Part 2. Under these laws, River Rock Treatment may not say to a person outside of River Rock Treatment that you attend the program, nor may River Rock Treatment disclose information identifying you as an alcohol or drug abuser, or disclose any other protected information except as permitted by federal law.
PLEASE REVIEW IT CAREFULLY
This Notice Describes Our Practices and Those of:
– Any health care professional allowed to enter information into your chart
– Any employee we allow to help you while you are here; and
– All employees of any hospital, clinic, laboratory, or other facility affiliated with River Rock Treatment.
All of these people follow the terms of this notice. They also share protected health information with each other for treatment; payment of health care operations as described in this notice.
OUR PLEDGE REGARDING HEALTH INFORMATION:
River Rock Treatment uses health information about you for treatment, to obtain payment for treatment for administrative purposes, and to evaluate the quality of care that you receive. Your health information is contained in a medical record that is the physical property of River Rock Treatment.
We understand that health information about you and your health is personal. We are committed to protecting health information about you. This notice will tell you about the ways in which we may use and disclose health information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of health information.
RIVER ROCK TREATMENT IS REQUIRED BY LAW TO:
– Make sure that medical information that identifies you is kept private.
– Give you this notice of our legal duties and privacy practices with respect to medical information about you.
– Accommodate reasonable requests you may make to communicate health information by alternative means or alternative locations.
– Follow the terms of this notice that is currently in effect.
For Treatment: River Rock Treatment may use your health information to provide you with medical treatment for services. For Example, information obtained by a health care provider, such as physician, nurse, or other person providing health care services to you, will need record information in your record that is related to your treatment. This information is necessary for health care providers to determine what treatment you should receive. Health care providers will also record actions taken by them in the course of your treatment and note how you respond to the actions.
For Payment: River Rock Treatment may use and disclose your health information to others for purposes of receiving payments for treatment and services that you receive. For example, a bill may be sent to you or a third party, such as an insurance company, HMO, or health plan. The information of the bill may contain information that identifies you, your diagnosis, and treatment or supplies used in the course of treatment.
For Health Care Operations: River Rock Treatment may use and disclose health care information about you for operational purposes. For example, your health information may be disclosed to members of the medical staff, risk, or quality improvement personnel, and others to:
– Evaluate the performance of our staff
– Assess the quality of care and outcomes in your case and similar cases
– Learn how to improve our facilities and services
– Determine how to continually improve the quality and effectiveness of the health care we provide
Appointments/Health Related Products and Services: River Rock Treatment may use your information to contact you to provide appointment reminders. River Rock Treatment may also contact you to tell you about treatment alternatives or other health-related benefits and services that may be of interest to you.
Others Involved in Your Care: River Rock Treatment may release relevant health information to a family member, friend, or anyone else you designate in order for that person to be involved in your case or payment related to your case. River Rock Treatment may also disclose health information to those assisting in disaster relief efforts so that others can be notified about your condition, status and location.
Fundraising: River Rock Treatment does not use information for fundraising unless authorized, in writing, by you.
Required by Law: River Rock Treatment may use and disclose information about you as required. For example, River Rock Treatment may disclose information for the following purposes:
– For judicial and administrative proceedings pursuant to a court order.
– To prevent or control disease, injury, or disability
– To report births and deaths
– To report reactions to medications or problems with products
– To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease
– To notify the proper authorities if we believe a client has been the victim of abuse, neglect, or domestic violence. We will only make this disclosure if you agree or when required or authorized by law.
Public Health: Your health information may be used or disclosed for public health activities such as assisting public health authorities or other legal authorities (State Health Department, Center for Disease Control, Etc.) to prevent or control disease, injury, or disability, or for other public health activities.
Health Oversight Activities: River Rock Treatment may disclose your health information to a health oversight agency for activities authorized by law. Examples of these activities include audits, investigations, and inspections to monitor the health care system and compliance with laws and regulations.
Decedents: Health information may be disclosed to funeral directors or coroners to enable them to carry out their lawful duties.
Health and Safety: Your health information may be disclosed to avert a serious threat to the health and safety of you and any person pursuant to applicable law.
Workers Compensation: Your health information may be used or disclosed in order to comply with laws and regulations related to Worker’s Compensation.
Other Uses: Other uses and disclosures will be made only with your written authorization. You may revoke an authorization except to the extent River Rock Treatment has taken action in reliance to it.
YOUR HEALTH INFORMATION RIGHTS:
UNDER HIPAA YOU HAVE THE RIGHT TO:
– Obtain a copy of this notice of information practices upon request
– Request an amendment to your health information under certain circumstance
– Request a confidential communication of your health information by alternative means or at alternative locations. Please be advised that this request for alternative means or locations of communications applies only to this provider or location.
– Receive an accounting of disclosures made of your health information
– Request a restriction on certain uses and disclosures of your information; however, River Rock Treatment is not required to agree to a requested restriction.
Change to This Notice: River Rock Treatment reserves the right to change the terms of this notice and make the new terms effective for all protected health information kept by River Rock Treatment. River Rock Treatment will post a copy of the current notice in the facility. You may also get a current copy by contacting our Human Resources Department. (address at the end of this statement). The effective date of the notice is at the bottom of each page of this document.
If you have any questions about this notice, want to exercise one of your rights that are described in this notice, or want to file a complaint, please contact River Rock Treatment at:
River Rock Treatment
125 College St. 5th Floor
Burlington, VT 05401