Beach House Rehab Center » Statement of Privacy Practices

Confidentiality & HIPAA Privacy Notice

CONFIDENTIALITY NOTICE

The confidentiality of patient records from mental health, alcohol abuse, drug abuse, and/or eating disorder maintained by this program is protected by Federal laws and regulations. Generally, the program may not say to a person outside the program that a patient attends a program, or disclose any information identifying a patient as an alcohol abuser, drug abuser, or eating disorder UNLESS:

  1. The patient consents in writing,
  2. The disclosure is allowed by a court order,
  3. The disclosure is made to medical personnel in medical emergency,
  4. The patient reports thoughts of suicide or homicide,
  5. The patient reports child or elder abuse. 

42 CFR Part 2 allows for disclosure where the state mandates child abuse­ and neglect reporting (42 C.F.R. 2.12(c)(6); 45 C.F.R. 164.512(b)(1)(ii)); when cause of death (42 C.F.R. 2.15(b)) is being reported; or with the existence of a valid court order.

Violation of the Federal laws and regulations by a program is a crime. Suspected violations may be reported to the appropriate authorities in accordance with Federal regulations.

Federal laws and regulations do not protect any information about a crime committed by a patient either at the program, against any person who works for the program or about any threat to commit such a crime.

Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under State law to appropriate State of local authorities. 

All patient records are protected under Federal Confidentiality regulations (42 U.S.C. 290dd­3 and 42 U.S.S. 290ee­3 for Federal laws and 42 CFR Part 2 for Federal regulations) published August 10, 1987, and cannot be disclosed without my written consent unless other provided in the regulations. Patient medical records may contain information concerning my psychiatric, psychological, drug or alcohol abuse, HIV/Acquired Immune Deficiency Syndrome (AIDS) and/or related conditions.

The enclosed medical /psychological information is released in accordance with Florida Statutes: 90.25,490.32,and /or 90.503, 458.16 and 394.459(9)and by Federal Law 42 CFR Part 2. Federal regulations prohibit any further prohibit any further disclosure of this information without specific written consent of the person to whom it pertains or as otherwise permitted by such regulations. Federal law prohibits the use of this information to criminally investigate or process any alcohol or drug abuse treatment Patient.

490.0147 Confidentiality and privileged communications. Any communication between any person licensed under this chapter and her or his patient or patient shall be confidential. This privilege may be waived under the following conditions: (3) When there is a clear and immediate probability of physical harm to the patient or patient, to other individuals, or to society and the person licensed under this chapter communicates the information only to the potential victim, appropriate family member, or law enforcement or other appropriate authorities.

CONFIDENTIALITY IN GROUP

To reinforce the feelings of closeness and willingness to share with others your feelings, thoughts and consequences of your dependency, confidentiality is a must in group therapy. We use this as our golden rule: What is said in Group, stays in Group.

The following guidelines help maintain this rule:

  • Group issues are not discussed with others outside your group.
  • Do not discuss group issues with roommates unless he/she is in your group.
  • Do not discuss at any outside meetings or places where others may overhear.

Group therapists have the same responsibilities for group confidentiality as patients, with the exception that patient’s therapists share group issues and patient participation in the group process with other staff members. This is a vital part of the staff team approach to assist patients in their recovery.

The staff values patient confidentiality so highly that anyone who breaks confidentiality­ whether to another patient of Beach House Center for Recovery, family, significant others, etc., may be subject to discharge from this program.

HIPAA PRIVACY NOTICE

Your Information. Your Rights. Our Responsibilities.

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.

Your Rights 

You have the right to:

  • Get a copy of your paper or electronic medical record
  • Correct your paper or electronic medical record
  • Request confidential communication
  • Ask us to limit the information we share
  • Get a list of those with whom we’ve shared your information
  • Get a copy of this privacy notice
  • Choose someone to act for you
  • File a complaint if you believe your privacy rights have been violated

Your Choices 

You have some choices in the way that we use and share information as we:

  • Tell family and friends about your condition
  • Provide disaster relief
  • Include you in a hospital directory
  • Provide mental health care
  • Market our services and sell your information
  • Raise funds

Our Uses and Disclosures

We may use and share your information as we:

  • Treat you
  • Run our organization
  • Bill for your services
  • Help with public health and safety issues
  • Do research
  • Comply with the law
  • Respond to organ and tissue donation requests
  • Work with a medical examiner or funeral director
  • Address workers compensation, law enforcement, and other government requests
  • Respond to lawsuits and legal actions

Your Rights

When it comes to your health information, you have certain rights.

This section explains your rights and some of our responsibilities to help you.

 Get an electronic or paper copy of your medical record

  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
  • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost based fee.

Ask us to correct your medical record

  • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
  • We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

  • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • We will say yes to all reasonable requests.

Ask us to limit what we use or share

  • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say yes unless a law requires us to share that information.

Get a list of those with whom we’ve shared information

  • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
  • We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). Well provide one accounting a year for free but will charge a reasonable, cost­based fee if you ask for another one within 12 months.   

Get a copy of this privacy notice

  • You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you

  • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
  • We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated

  • You can complain if you feel we have violated your rights by contacting us using the information on page 1.
  • You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1­877­696­6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
  • We will not retaliate against you for filing a complaint.

Your Choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

Our Uses and Disclosures

How do we typically use or share your health information? 

We typically use or share your health information in the following ways.

Treat you

  • We can use your health information and share it with other professionals who are treating you.
  • Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Run our organization

  • We can use and share your health information to run our practice, improve your care, and contact you when necessary.
  • Example: We use health information about you to manage your treatment and services.

Bill for your services

  • We can use and share your health information to bill and get payment from health plans or other entities.
  • Example: We give information about you to your health insurance plan so it will pay for your services.

How else can we use or share your health information?

  • We are allowed or required to share your information in other ways usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see:
  • hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues

We can share health information about you for certain situations such as:

  • Preventing disease
  • Helping with product recalls
  • Reporting adverse reactions to medications
  • Reporting suspected abuse, neglect, or domestic violence
  • Preventing or reducing a serious threat to anyone’s health or safety

Do research

  • We can use or share your information for health research.

Comply with the law

  • We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that were complying with federal privacy law.

Respond to organ and tissue donation requests

  • We can share health information about you with organ procurement organizations.
  • Work with a medical examiner or funeral director
  • We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers compensation, law enforcement, and other government requests

  • We can use or share health information about you:
  • For workers compensation claims
  • For law enforcement purposes or with a law enforcement official
  • With health oversight agencies for activities authorized by law
  • For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

  • We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Our Responsibilities

  • We are required by law to maintain the privacy and security of your protected health information.
  • 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.
  • For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html