NOTICE
OF PRIVACY PRACTICES
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.
If you have any questions about this Privacy Notice,
please contact our Privacy Officer by mail at the address stated above or by telephone at
770-339-5018.
I. INTRODUCTION
A. This Notice of Privacy Practices describes how we, the
Gwinnett-Rockdale-Newton Community Service Board (the "GRN CSB"), may use and
disclose your protected health information to carry out treatment, payment or health care
operations and for other purposes that are permitted or required by law. This Notice also
describes how we may obtain your protected health information from others. This Notice
also describes your rights regarding health information we obtain or maintain about you
and a brief description of how you may exercise these rights. This Notice also states the
obligations we have to protect your protected health information.
B. "Protected health information," means health
information (including identifying information about you, such as your name, address,
etc.) we have collected from you or received from other persons. It may include
information about your past, present or future physical or mental health or condition,
health care provided to you, and payment for health care services provided to you.
C. We are required to maintain the privacy of your protected health
information and to provide you with this notice of our legal duties and privacy practices
with respect to your protected health information.
D. We are also required to comply with the terms of our current
Notice of Privacy Practices.
II. USES AND DISCLOSURES TO CARRY OUT TREATMENT, PAYMENT or
HEALTH CARE OPERATIONS
A. We intend to use and disclose your protected health information
as follows:
1. We may use or disclose your protected health information so that
we can provide treatment to you, be paid for our services to you, and to manage our
organization. In order to perform those activities, we may disclose your protected health
information to our business associates who perform those activities for us or who assist
us in performing those activities. Business associate means a person who signs a written
agreement which requires that person to maintain the privacy of your protected health
information in the same manner we are required to maintain the privacy of your protected
health information.
2. We may disclose/release your protected health information (1) to
other physicians/psychologists for continuing treatment if our medical director approves,
(2) to another health care provider if your service plan calls for transfer to the other
provider for treatment, and (3) in a bona fide emergency to your treating physician or
psychologist if the medical director approves.
3. We may disclose your protected health information to another
health care provider, a health plan, or a health care clearinghouse for the payment
activities of the person to whom we disclose the information.
4. We may disclose your protected health information to another
health care provider, a health plan, or a health care clearinghouse for the health care
operations activities of the person to whom we make the disclosure if that person has or
had a relationship with you and the purpose of our disclosure is:
(a) Conducting quality assessment and improvement activities,
including outcomes evaluation and development of clinical guidelines, provided that the
obtaining of generalizable knowledge is not the primary purpose of any studies resulting
from such activities; population-based activities relating to improving health or reducing
health care costs, protocol development, case management and care coordination, contacting
of health care providers and patients with information about treatment alternatives; and
related functions that do not include treatment; or
(b) Reviewing the competence or qualifications of health care
professionals, evaluating practitioner and provider performance, health plan performance,
conducting training programs in which students, trainees, or practitioners in areas of
health care learn under supervision to practice or improve their skills as health care
providers, training of non-health care professionals, accreditation, certification,
licensing, or credentialing activities; or
(c) For the purpose of health care fraud and abuse detection or
compliance.
5. If we participate in an organized health care arrangement, we may
disclose protected health information about you for any health care operations activities
of the organized health care arrangement.
B. When we make uses or disclosures described above, we may obtain
your authorization for the use or disclosure but we are not required to obtain your
authorization to do so.
TREATMENT EXAMPLES: The following are some
examples of the ways in which we may use and disclose your information for treatment:
This is not an inclusive listing of all possible examples.
A case manager employed by GRN CSB who is
responsible for coordinating your care may use your protected health information to
perform the case managers duties in providing services to you.
Your protected health information may be used by our
clinicians and other staff (including clinicians other than your therapist or principal
clinician), who work at GRN CSB, to discuss your care at a case conference in order to
determine the best treatment for you.
PAYMENT EXAMPLES: The following are examples
of the ways in which we may use or disclose your protected health information in order to
obtain payment for our services to you: This is not an inclusive listing of all
possible examples.
We may use and disclose your protected health
information to permit your public or private health plan, such as Medicaid or an employer
health plan, to take certain actions before your protected health plan approves or pays
for services we may provide or have provided to you. Examples of these actions include:
We report a service we have provided to you in order
to obtain payment from the health plan or Medicaid; or
We report the services we have provided to you so
that the health plan and Medicaid may decide whether the services are appropriate, or to
justify the charges for your care.
HEALTH CARE OPERATIONS EXAMPLES. The
following are examples of some of the ways in which we may use or disclose your protected
health information for our health care operations: This is not an inclusive
listing of all possible examples.
We may use and disclose your protected health
information to resolve a consumers rights complaint made by you or by others
concerning your care in order to determine what happened and, if what happened is
incorrect, to develop ways to ensure that it does not happen again.
We may use and disclose your protected health
information to determine whether your treatment meets the quality standards we set for our
services or to determine what the standard should be.
To the extent permitted by State law, we may also
provide your protected health information to other health care providers who have provided
services to you, or to your protected health plan, to assist them in performing certain of
their own health care operations.
SEPARATE NOTICE:
We may use your protected health information (1) to
provide appointment reminders and (2) to inform you about possible treatment options or
alternatives that may be of interest to you. This information will be provided to you by
telephone or by mail at the number and address provided by you to us. In providing this
information, we may disclose this information to individuals who respond to the telephone
or to individuals who may open mail addressed to you. If you do not want us to provide you
with this information at that number and address, you must notify the Privacy Officer in
writing at GRN CSB, P. O. Box 687, Lawrenceville, GA 30046 and provide an alternative
telephone number and address. See VIII. E.
III. Privileged Communications
A. Unless this Privacy Notice says otherwise, we must obtain an
authorization from you for any use or disclosure of records of your communications with a
psychiatrist, psychologist, licensed clinical social worker, clinical nurse
specialist-mental health, licensed marriage and family counselor, or licensed professional
counselor or of communications between them concerning your communications with them. The
records are called "psychotherapy notes." Psychotherapy notes means notes
recorded (in any medium) by a mental health professional documenting or analyzing the
contents of conversation during a private counseling session or a group, joint, or family
counseling session. Psychotherapy notes do not include medication prescription and
monitoring, counseling session start and stop times, the modalities and frequencies of
treatment furnished, results of clinical tests, and any summary of the following items:
diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to
date.
B. Although we will not disclose psychotherapy notes without your
authorization, that limitation is subject to the following exceptions:
1. We may use or disclose the psychotherapy notes to provide
treatment to you, to obtain payment, and to manage our organization as follows:
(a) We may use the notes made by our staff for your treatment and
for that purpose may disclose the matters necessary to permit other licensed professionals
and other members of our staff to determine and carry out the prescribed or recommended
treatment.
(b) We may use or disclose psychotherapy notes for our own training
programs in which students, trainees, or practitioners in mental health learn under
supervision to practice or improve their skills in group, joint, family, or individual
counseling.
(c) We may use or disclose those notes to defend ourselves
(including our staff) in a legal action or other proceeding brought by you or on your
behalf or by your estate or others concerning your care.
(d) We may use and disclose those notes to evaluate and conduct
investigations concerning the violations of your rights and to evaluate and conduct
disciplinary investigations and proceedings involving our employees and business
associates.
(e) We may make such a disclosure in connection with any hearing
concerning whether you should be required to obtain or should be released from involuntary
treatment.
2. We may disclose/release the notes (1) to other
physicians/psychologists for continuing treatment if our medical director approves, (2) to
another health care provider if your service plan calls for transfer to the other provider
for treatment, and (3) in a bona fide emergency to your treating physician or psychologist
if our medical director approves.
3. We may use or disclose those notes when the Secretary of Health
and Human Services (or the Secretarys designee) requires that we make that
disclosure to the Secretary.
4. We may use or disclose those notes when we are required to do so
by law. Without limitation, we may use and disclose those notes to report child abuse when
required to do so by law.
5. We may disclose those notes to health oversight agencies for
oversight activities authorized by law, including audits by those activities, civil,
administrative or criminal investigations initiated by those agencies; and other necessary
oversight activities for over sight of us and our staff.
6. We may disclose those notes to a coroner or medical examiner in
order to permit the coroner or medical examiner to perform the duties of that office, such
as determining the cause of death.
7. We may disclose those notes if we believe in good faith that the
use or disclosure is necessary to prevent or lessen a serious and imminent threat to the
health or safety of a person or the public and is made to a person or persons reasonably
able to prevent or lessen the threat, including the subject of the threat.
IV. Your Personal Representatives: Disclosures to and
Authorizations by Your Personal Representatives
A. We must disclose to your personal representative the same
information we would be required to or would disclose to you if you made the request under
the following circumstances. In addition, under those same circumstances we must disclose
to others on the authorization signed by your personal representative the same information
we would be required to disclose if you signed the authorization under the following
circumstances.
1. The personal representative is authorized under a health care
power of attorney to make a decision concerning your health care, you are not able to make
that decision, the protected health information we disclose is relevant to the decision
which the representative is authorized to make under the power of attorney.
2. The personal representative is the guardian of your person
appointed by a court.
3. You are under the age 18 and the personal representative is your
parent having custody. However, if you are over the age 12 and you seek evaluation for
mental illness, your personal representative may not obtain your protected health
information concerning that service without your consent. In addition, if you are over the
age 12 and you seek evaluation and outpatient treatment for alcohol and drug abuse, your
personal representative may not obtain your protected health information concerning that
service.
4. You are under the age 18 and the personal representative is the
Department of Family and Children Services or other person having temporary or permanent
custody appointed by a court.
5. The personal representative is your spouse if the protected
health information is necessary to permit your spouse to make a decision which is to be
made concerning treatment recommended by a physician, you are not able to consent to that
treatment, and the protected health information we disclose is relevant to whether consent
should be given.
6. If you are over age 18 and there is no spouse or guardian or
person appointed as agent under a durable power of attorney for health care, and the
personal representative is, in this order, your adult child, your parent, your adult
sibling, or a grandparent, if the protected health information is necessary to permit that
representative to make a decision which is to be made concerning treatment recommended by
a physician, you are not able to consent to that treatment, and the protected health
information we disclose is relevant to whether consent should be given.
B. We are not required to disclose your protected health information
upon the request of your personal representative if we have a reasonable belief that you
have been subjected to domestic violence, abuse or neglect by that personal representative
or treating the person as your personal representative may endanger you and we decide that
it is not in your best interest that we treat the person as your personal representative.
C. After your death, we are required to disclose your protected
health information to the person who is appointed by a court as the administrator of your
estate or executor of your will but we may not disclose privileged communications (see
above) in your medical record.
D. A personal representative who is a guardian of your person, or is
a parent who has custody of you because you are under the age of 18, or is a temporary or
permanent custodian appointed by a court may exercise your rights under this Privacy
Notice. A personal representative who is appointed under a durable power of attorney for
health care or other person not appointed by a court who has the right to consent to
treatment on your behalf may exercise your rights under this Privacy Notice only if you
are not able to exercise those rights and if the exercise of those rights is necessary to
permit the personal representative to perform the personal representatives
responsibilities.
V. Uses and disclosures for which you have an
opportunity to agree or to object.
A. We may use or disclose your protected health information provided
that we inform you in advance of the use or disclosure and you have the opportunity to
agree to or prohibit or restrict the use or disclosure, in accordance with the applicable
requirements of this section. We may orally inform you and obtain your oral agreement or
objection to a use or disclosure permitted by this section.
B. We may use and disclose to a person designated as your
representative, family member, other relative, a close personal friend of the individual,
or any other person identified by you, your protected health information directly relevant
to that persons involvement with your care or payment related to the your protected
health care if (1) we obtain your agreement; or (2) we provide you with the opportunity to
object to the disclosure and you do not express an objection; or (3) we reasonably infer
from the circumstances, based the exercise of professional judgment, that you do not
object to the disclosure, or (4) if you are not present or we cannot provide you an
opportunity to agree or object because of your incapacity or emergency, a disclosure of
your protected health information is in your best interest.
C. We may use and disclose your protected health information to
notify, or assist in the notification of, a person designated as your representative,
family member, or other person responsible for your care of your location, general
condition, or death, if (1) we obtain your agreement, (2) we provide you with an
opportunity to object and you do not object, (3) we reasonably infer from the
circumstances, based on professional judgment, that you do not object to the disclosure,
(4) if you are not present or cannot because of incapacity or emergency and practically be
provided the opportunity to agree or object, we determine in our professional judgment
that the disclosure is in your interest, or (5) the disclosure is made for the purpose of
coordinating the disaster relief efforts of disaster relief agencies.
VI. When we may use or disclose your protected
health information without obtaining your authorization or giving you an opportunity to
agree or object.
We may use or disclose your protected health
information without your written authorization or providing you opportunity to agree or
object in the situations listed below. If we are required to inform you of, or when you
may agree to a use or disclosure described below, our communication with you and your
communication with us may be oral or in writing.
A. We may use or disclose your protected health information to the
extent that such use or disclosure is required by law and the use or disclosure complies
with and is limited to the relevant requirements of that law.
B. We may use and disclose your protected health information for the
public health activities and purposes described in this paragraph:
1. To a public health authority that is authorized by law to collect
or receive such information for the purpose of preventing or controlling disease, injury,
or disability.
2. To a public health authority or other appropriate government
authority authorized by law to receive reports of child abuse or neglect;
3. To a person subject to the jurisdiction of the Food and Drug
Administration (FDA) with respect to an FDA-regulated product or activity for which that
person has responsibility, for the purpose of activities related to the quality, safety or
effectiveness of such FDA-regulated product or activity.
4. To a person who may have been exposed to a communicable disease
or may otherwise be at risk of contracting or spreading a disease or condition, if we or a
public health authority is authorized by law to notify that person as necessary in the
conduct of a public health intervention or investigation.
C. We may disclose protected health information about you if you are
a minor and we reasonably believe that you are a victim of child abuse or if you are a
disabled adult or elderly person and we reasonably believe that you are a victim of abuse
or neglect, or if we believe you have been the victim of a crime, to a government
authority, including a social service or protective services agency, authorized by law to
receive reports of such abuse or neglect as follows:
1. We may make the disclosure:
(a) If the disclosure is required by law and the disclosure complies
with and is limited to the relevant requirements of that law; or
(b) If you sign an authorization permitting the disclosure; or
(c) If the disclosure is expressly authorized by statute or
regulation and:
(i) We, in the exercise of our professional judgment, believe the
disclosure is necessary to prevent serious harm to you or other potential victims; or
(ii) If you cannot agree because of incapacity, a law enforcement or
other public official authorized to receive the report represents to us that the protected
health information for which disclosure is sought is not intended to be used against you
and that an immediate enforcement activity that depends upon the disclosure would be
materially and adversely affected by waiting until you are able to agree to the
disclosure.
2. If we make a disclosure permitted by this section, we will
promptly inform you that such a report has been or will be made, unless:
(a) We, in the exercise of our professional judgment, believe
informing you would place you at risk of serious harm; or
(b) We would be informing your personal representative, and we
reasonably believe the personal representative is responsible for the abuse, neglect, or
other injury and that informing that personal representative would not be in your best
interests as we determine them, in the exercise of our professional judgment.
D. We may disclose your protected health information to a health
oversight agency for oversight activities authorized by law, including audits; civil,
administrative, or criminal investigations; inspections; licensure or disciplinary
actions; civil, administrative, or criminal proceedings or actions; or other oversight
activities.
1. We may make those disclosures only if they are necessary for
appropriate oversight of:
(a) The health care system;
(b) Government benefit programs for which health information is
relevant to beneficiary eligibility;
(c) Entities subject to government regulatory programs for which
health information is necessary for determining compliance with program standards; or
(d) Entities subject to civil rights laws for which health
information is necessary for determining compliance.
2. However, we may not make those disclosures if either (1) the
investigation is of you and (2) the investigation or other activity does not arise out of
and is not directly related to:
(a) The receipt of health care;
(b) A claim for public benefits related to health; or
(c) Qualification for, or receipt of, public benefits or services
when a patients health is integral to the claim for public benefits or services.
E. We may disclose your protected health information in the course
of any judicial or administrative proceeding as provided below:
1. We may make such a disclosure if we do so:
(a) In response to an order of a court or administrative tribunal,
provided that we disclose only the protected health information expressly authorized by
such order; or
(b) In response to a subpoena, discovery request, or other lawful
process, that is not accompanied by an order of a court or administrative tribunal or your
authorization for us to make the requested disclosure, if we receive satisfactory
assurances that:
(i) The party requesting such information has made a good faith
attempt to provide written notice to you (or, if the your location is unknown, to mail a
notice to your last known address);
(ii) The notice included sufficient information about the litigation
or proceeding in which the protected health information is requested to permit you to
raise an objection to the court or administrative tribunal; and
(iii) The time for you to raise objections to the court or
administrative tribunal has expired, and:
(iv) No objections were filed by you; or
(v) All objections filed by you have been resolved by the court or
the administrative tribunal and the disclosures being sought are consistent with such
resolution.
(c) In response to a subpoena, discovery request, or other lawful
process, that is not accompanied by an order of a court or administrative tribunal or your
authorization for us to make the requested disclosure, if we receive a written statement
and accompanying documentation demonstrating that:
(i) The parties to the dispute giving rise to the request for
information have agreed to a qualified protective order of a court or of an administrative
tribunal or a stipulation by the parties to the litigation or administrative proceeding
which (A) prohibits the parties from using or disclosing the protected health information
for any purpose other than the litigation or proceeding for which such information was
requested; and (B) requires the return to us or destruction of your protected health
information (including all copies made) at the end of the litigation or proceeding; or
(ii) The party seeking the protected health information has
requested such a qualified protective order from the court or administrative tribunal.
(d) In response to a subpoena, discovery request, or other lawful
process, that is not accompanied by an order of a court or administrative tribunal or your
authorization for us to make the requested disclosure, if we make reasonable efforts to
provide written notice to you (or, if the your location is unknown, to mail a notice to
your last known address), including sufficient information about the litigation or
proceeding in which the protected health information is requested to permit you to raise
an objection to the court or administrative tribunal; the time for you to raise objections
to the request with the court or administrative tribunal has expired, and either no
objections were filed by you or you did file objections but all objections filed by you
have been resolved by the court or the administrative tribunal and the disclosures being
sought are consistent with such resolution.
F. We may disclose your protected health information for a law
enforcement purpose to a law enforcement official if:
1. We are required to make the disclosure as required by law,
including laws that require the reporting of certain types of wounds or other physical
injuries, or
2. We are required to make the disclosure in order to comply with
(a) a court order or court-ordered warrant, or a subpoena or summons
issued by a judicial officer;
(b) a grand jury subpoena; or
(c) an administrative request, including an administrative subpoena
or summons, a civil or an authorized investigative demand, or similar process authorized
under law, provided that:
(i) The information sought is relevant and material to a legitimate
law enforcement inquiry;
(ii) The request is specific and limited in scope to the extent
reasonably practicable in light of the purpose for which the information is sought; and
(iii) Information which does not identify you could not reasonably
be used.
G. We may disclose the following information about you in response
to a law enforcement officials request for such information in the course of a
criminal investigation:
1. Your name and current address, if known;
2. Whether you have been a patient in a state facility.
H. We may disclose to a law enforcement official investigating the
commission of a crime on the premises of our facilities or against our personnel or the
threat to commit such a crime the circumstances of an incident, including if relevant to
that investigation whether you are or have been a patient in the facility, and your name,
address, and last known whereabouts.
I. We may disclose your protected health information after your
death to a coroner or medical examiner in order to make a report of the death when
required by law and for the purpose of identifying a deceased person, determining a cause
of death, or other duties as authorized by law. These disclosures may be made with or
without a subpoena.
J. We may use or disclose your protected health information for
research, regardless of the source of funding of the research, provided that:
1. We obtain documentation that an alteration to or waiver, in whole
or in part, of the standard individual authorization for use or disclosure of protected
health information has been approved by either:
(a) An Institutional Review Board (IRB), established in accordance
with Federal regulations; or
(b) A privacy board constituted as provided by the Federal Privacy
Rule regulations.
2. We obtain from the researcher representations that:
(a) Use or disclosure is sought solely to review protected health
information as necessary to prepare a research protocol or for similar purposes
preparatory to research;
(b) No protected health information is to be removed from our files
by the researcher in the course of the review; and
(c) The protected health information for which use or access is
sought is necessary for the research purposes.
3. We obtain from the researcher:
(a) Representation that the use or disclosure sought is solely for
research on the protected health information of decedents;
(b) Documentation, at our request, of the death of such individuals;
and
(c) Representation that the protected health information for which
use or disclosure is sought is necessary for the research purposes.
K. We may, consistent with applicable law and standards of ethical
conduct, use or disclose your protected health information, if we, in good faith, believe
the use or disclosure:
1. Is necessary to prevent or lessen a serious and imminent threat
to the health or safety of a person or the public; and
2. Is to a person or persons reasonably able to prevent or lessen
the threat, including the target of the threat.
However, we may not use or disclose your protected health
information if that information is learned by us in the course of referral for treatment
or treatment to affect the propensity to commit the criminal conduct that is the basis for
the disclosure or counseling or therapy for that propensity.
L. We may disclose your protected health information to a
correctional institution or a law enforcement official having lawful custody of you, if we
are providing services to you while you are in custody, if we are providing the services
under a direct or indirect agreement with the correctional institution or law enforcement
official, if the correctional institution or such law enforcement official represents to
us that such protected health information is necessary to provide health care to you, to
protect your health and safety and the health and safety of others, to enforce the law in
the facility, and to manage the facility.
However, we cannot make a disclosure after you are no longer an
inmate because you have been released on parole, probation, supervised release, or
otherwise are no longer in lawful custody, we may not make a disclosure to correctional
institution or to the person who had custody.
M. We may disclose your protected health information as authorized
by and to the extent necessary to comply with laws relating to workers compensation
or other similar programs, established by law, that provide benefits for work-related
injuries or illness without regard to fault.
N. We may disclose "de-identified" information abstracted
from your protected health information. "De-identified information" is
information which does not identify you, your relatives, employers, or household members
or other person and has been so altered that no one reviewing the remaining information
can in any way determine that the health information determines relates to you, that does
not identify you, your relatives, your employers, or household members or other person and
with respect to which there is no reasonable basis to believe that the information can be
used to identify you, your relatives, your employers, or household members or other
person.
VII. Confidentiality of Substance Abuse Program
Records
A. If the services we provide to you are diagnosis or treatment for
drug or alcohol abuse, or referral by us to another person for diagnosis or treatment, the
following limitations on our disclosure of your protected health information disclosing
that you are or have ever been participant in those services or that you sought or were
referred to us for those services are superceded by the following and your protected
health information may be used or disclosed without your authorization only as follows:
1. We may use or disclose your protected health information so that
we can provide treatment to you, be paid for our services to you, and to manage our
organization. In order to perform those activities, we may disclose your protected health
information to our business associates who perform those activities for us or who assist
us in performing those activities. Business associate means a person who signs a written
agreement which requires that person to maintain the privacy of your protected health
information in the same manner we are required to maintain the privacy of your protected
health information, including the limitations on our disclosure of health information
disclosing that you are or have ever been a participant in those services or that you
sought or were referred to us for those services. Any use or disclosure for these purposes
must also meet the requirements stated above for all protected health information.
2. We may disclose your protected health information concerning
substance abuse services to medical personnel who have need for information about you in
order to treat a condition which poses an immediate threat to the health of any individual
and which requires immediate medical intervention. Any disclosure for these purposes must
also meet the requirements stated above for all protected health information.
3. We may disclose to others your protected health information
concerning substance abuse services for conducting scientific research if we determine
that the person to whom we disclose the information is qualified to conduct the research;
the research will be conducted in such a way that your privacy will be protected; the
security and benefits of the research are independently approved; and the researcher
agrees not to disclose any information identifying you except to us. Any disclosure for
these purposes must also meet the requirements stated above for all protected health
information.
4. We may disclose to others your protected health information
concerning substance abuse services if the disclosure is made for the purpose of auditing
or evaluating our programs, the audit or evaluation is determined by us to be conducted by
qualified people and those people agree to maintain the privacy of your records in the
same manner we are required to do so, the audit or evaluation is for any government agency
that provides financial assistance for our services or
regulates our services, or the audit or evaluation is for a private person that provides
financial assistance for our services, to an insurance company or other third party payer
who pays us for our services, or to an organization which evaluates the quality of our
services. Any disclosure for these purposes must also meet the requirements stated above
for all protected health information.
5. We are required to disclose your protected health information
concerning substance abuse services if the disclosure is made
for audit or evaluation of that information for the purpose of the regulation of our
services by Medicare or Medicaid. Any disclosure for these purposes must also meet the
requirements stated above for all protected health information.
6. We may disclose your protected health information concerning
substance abuse services if a court order compels that disclosure. Any disclosure for
these purposes must also meet the requirements stated above for all protected health
information.
7. We are required to disclose your protected health information
concerning substance abuse services if we receive a subpoena but only if the subpoena has
been authorized by a court order. Any disclosure for these purposes must also meet the
requirements stated above for all protected health information.
8. A court may authorize others to obtain your protected health
information concerning our substance abuse services without our notice in order to permit
an investigation or prosecution of us or our staff.
9. We may disclose your protected health information concerning
substance abuse services in order to comply with State laws requiring us to report
incidents of child abuse. Any disclosure for these purposes must also meet the
requirements stated above for all protected health information.
10. We may disclose your protected health information concerning
substance abuse services in connection with the report or investigation of your commission
of a crime on our premises or against our personnel or your threat to commit such a crime.
Any disclosure for these purposes must also meet the requirements stated above for all
protected health information.
VIII. Your Rights Regarding Your Protected Health
Information.
A. Right to Inspect and Copy.
You have the right to request an opportunity to inspect or copy
health information used to make decisions about your care whether they are
decisions about your treatment or payment of your care. Usually, this would include
clinical and billing records.
You must submit your request in writing to the program manager or
director at your treatment site. If you request a copy of the information, we may charge a
fee for the cost of copying.
Your request to inspect or copy your protected health information
may be denied if the treating physician determines that disclosure is detrimental to your
physical or mental health. A notation to that effect will be made part of your medical
record. If this occurs, then you may file a complaint as outlined in Section IX.
B. Right to Amend.
For as long as we keep records about you, you have the right to
request to amend any health information used to make decisions about your care
whether they are decisions about your treatment or payment of your care. Any amendment to
the record must be made on a blank progress note form (which will be provided at your
request), include the reason why you believe the information in the record is incorrect or
inaccurate and you must sign and date the information. Your request must be sent to the
Medical Records Administrator at GRN CSB, P.O. Box 687, Lawrenceville, GA 30046. The
amendment will be inserted into your medical record in the section that you amended if not
denied. If it is denied, you will be given a written notice within 60 days along with
instructions about filing a complaint.
C. Right to an Accounting of Disclosures.
You have the right to request that we provide you with an accounting
of disclosures we have made of your protected health information. An accounting is a list
of disclosures. This list will not include certain disclosures of your protected health
information. By way of example, those we have made for purposes of treatment, payment, and
health care operations as well as those you have authorized.
To request an accounting of disclosures, you must submit your
request in writing to the Medical Records Technician at
your treatment site. The request should state the time period for which you wish to
receive an accounting. This time period can not be longer than six years and can not
include dates before April 14, 2003.
The first accounting you request within a twelve-month period will
be free. For additional requests during the same 12-month period, we will charge you for
the costs of providing the accounting. We will notify you of the amount we will charge and
you may choose to withdraw or modify your request before we incur any costs
D. Right to Request Restrictions.
You have the right to request a restriction on the health
information we use or disclose about you for treatment, payment or health care operations.
A request for restrictions must be made in writing to the Privacy Officer at GRN CSB, P.
O. Box 687, Lawrenceville, GA 30046. Only the Privacy Officer or his/her designee may
agree on behalf of the GRN CSB to any restriction. No agreement by the Privacy Officer or
his designee, is valid or enforceable unless that agreement is in writing and is signed by
thePrivacy Officer, or his designee. These requirements may not be waived by any staff
member. We are not required to agree to a restriction that you may request. If we do
agree, we will honor your request unless the restricted health information is needed to
provide you with emergency treatment.
E. Right to Request Confidential Communications.
You have the right to request that we communicate with you about
your protected health care only in a certain location or through a certain method. To
request confidential communication, you must make your request in writing to the Privacy
Officer, GRN CSB, P. O. Box 687, Lawrencewville, GA 30046. You do not need to give us a
reason for the request; but your request must specify how or where you wish to be
contacted.
F. Right to a Paper Copy of this Notice.
You have the right to obtain a paper copy of the Notice of Privacy
Practices at any time even if you have agreed to receive this Notice of Privacy Practices
electronically. To obtain a paper copy, contact the Front Desk staff at your treatment
site or you may contact the Privacy Officer.
IX. Complaints
If you believe your privacy rights have been violated, you may file
a complaint with us or with the Office of the Secretary, Department of Health and Human
Services, 200 Independence Avenue, SW, Washington, D.C. 20201.
To file a complaint with us, contact our office responsible for
receiving complaints at: Privacy Officer, GRN CSB, P. O. Box 687, Lawrenceville, GA 30046
and telephone # 770/339-5018.
All complaints must be submitted in writing. Our Privacy Officer
will assist you with writing your complaint, if you request such assistance. We will not
retaliate against you for filing a complaint.
X. Changes to this Notice
The current Notice of Privacy Practices is posted at our main office
and at each site where we provide care. We reserve the right to change the terms of our
Notice of Privacy Practices. We also reserve the right to make the revised or changed
Notice of Privacy Practices effective for all health information we already have about you
as well as any health information we receive in the future. Any revised Notice will be
posted as stated above. You may also obtain a copy of the current Notice of Privacy
Practices by accessing our web-site at www.grncsb.com.
XI. Who will follow this Notice
The GRN Community Service Board will follow this Notice of Privacy.
XII. Effective Date
This Notice of Privacy Practices is effective April 14, 2003.
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