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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
404-508-6419.
I. INTRODUCTION
A. This Notice of Privacy Practices describes how we, the DeKalb
Community Service Board (the "DeKalb 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 DeKalb CSB who is
responsible for coordinating your care may use your protected health
information to perform the case manager's 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 DeKalb 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 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
consumer's 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 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 DeKalb CSB, p.o. Box 1648, Decatur, GA 30031 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 Secretary's 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 PRESONAL REPRESENTATIVE: DISCLOSURES TO AND AUTHORIZTIONS
BY YOUR PERSONAL REPRESENTTIVES
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 representative's 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 person's 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 patient's 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 official's request for such information in
the course of a criminal investigation: (a) Your name and current
address, if known; (b) 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 medical record technician
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 DeKalb CSB, P.O. box 1648, Decatur, GA 30031. 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 DeKalb CSB, p. O. Box 1648, Decatur GA 30031. Only the executive
director, or his designee, may agree on behalf of the DeKalb CSB
to any restriction. No agreement by the executive director, or his
designee, is valid or enforceable unless that agreement is in writing
and is signed by the executive director, 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, DeKalb CSB, p.o. Box 1648, Decatur
GA 30031. 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 theOoffice of the Secretary, Department
of Health and Human Services, 200 Independence Avenue, SW, Washington,
D.C. 20201. All complaints filed directly with the secretary must:
(1) be in writing; (2) contain the name of the entity against which
the complaint is lodged; (3) describe the relevant problems; and
(4) be filed within 180 days of the time you became or should have
become aware of the problem. To file a complaint with us, contact
our office responsible for receiving complaints at: privacy officer,
DeKalb CSB, P. O. Box 1648, Decatur GA 30031, and telephone # 404-508-6419.
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.dekcsb.org.
XI. WHO WILL FOLLOW THIS NOTICE
The DeKalb 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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