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Privacy Policy

NOTICE OF PRIVACY PRACTICES

CPC BEHAVIORAL HEALTHCARE

 

Effective: September, 2013

 

 

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.

 

WHO WE ARE

 

This Notice describes the privacy practices of CPC Behavioral Healthcare (We or Us), and our employed doctors, nurses, employees and other personnel. This Notice applies to all services that are provided to you at our Aberdeen Counseling Center, Freehold Counseling Center, Helen Herrmann Counseling Center, High Point School Clinical Services, DDD Residences.

 

WHY YOU NEED THIS NOTICE

 

We are committed to maintaining the privacy of your protected health information (PHI). Your PHI includes medical information about you such as your medical record and the care and services that you have received from us.  We need this information to provide you with the appropriate level of care and also to comply with certain legal obligations we may have.  We are required by law to provide you with this Notice of our legal duties and privacy practices with respect to your PHI that we maintain. 

 

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act, the federal Confidentiality of Alcohol and Drug Abuse Patient Records regulations at 42 C.F.R. Part 2 (“Part 2”), and the laws of the State of New Jersey as provided for in the Community Mental Health Services Act, N.J.A.C. 10:37-1.1 et seq., place certain obligations upon us with regard to your PHI and require that we keep private and confidential any medical information that identifies you.  Under these laws, we may not disclose any information to anyone outside our facility that would, directly or indirectly, identify you as an alcohol or drug treatment patient, or as having received mental health services.  Nor may we disclose any other PHI except as permitted by law.  We take this obligation and your privacy seriously and when we need to use or disclose your PHI, we will comply with the full terms of this Notice.  Anytime we are permitted to or required to share your PHI with others, we only provide the minimum amount of data necessary to respond to the need or request unless otherwise permitted by law.

 

USES AND DISCLOSURES OF YOUR PHI THAT DO NOT REQUIRE YOUR AUTHORIZATION

 

We are permitted by law to use and disclose your PHI without your written or other form of authorization under certain circumstances as described below. This means that we do not have to ask you before we use or disclose your PHI for purposes listed below.

 

  • Treatment. We may use and disclose your PHI in order to provide you with medical treatment or services. We will record your name, your diagnosis and other information in order to determine the best course of treatment for you.  It may be necessary for other staff within CPC Behavioral Healthcare to know this information in order to provide you with appropriate treatment.  We will generally seek your authorization prior to disclosing any information to an outside healthcare provider, except in an emergency and as otherwise may be authorized by law.

 

  • Health Care Operations. – We may use and disclose your PHI for our internal administration and planning and activities to improve the quality and cost effectiveness of the care that we deliver to you.  For example, we may use your PHI to evaluate the quality and competence of our staff.  We will generally seek your written authorization prior to disclosing any information to another health care provider or other entity for health care operations activities.  We may also use your PHI to send you educational information or newsletters concerning our program and services to keep you informed.  Under certain circumstances, we may disclose your PHI to someone outside of CPC Behavioral Healthcare where we have entered into an agreement with a qualified service organization/business associate to perform certain services on our behalf.

 

  • Public Health Activities.  We may disclose your PHI for certain public health activities only to the extent required by law, including to report child abuse or neglect to public health authorities or other government authorities authorized by law to receive such reports.

 

  • Health Oversight Activities.  We may disclose your PHI to clinical records audit teams, and to monitoring and site review staff designated by the New Jersey Department of Health or Department of Human Services, the Office of Legislative Services, the federal Centers for Medicaid and Medicare Services, and for certain other audit activities permitted by law.   We may also disclose your PHI to a person participating in a Professional Standards Review Organization or to a health oversight agency that monitors the health care system and ensures compliance with the rules of government health programs, such as Medicare or Medicaid.

 

  • Victims of Abuse, Neglect.  In most circumstances, we may release PHI upon request to the New Jersey Division of Youth and Family Services or other appropriate public health authority in connection with investigations and reports of child abuse or neglect.

 

  • Court Order.  We may disclose your PHI in response to a court order.

 

  • Law Enforcement Officials.  Certain PHI may be released where directly relevant to crimes or threats of crime committed on CPC Behavioral Healthcare property or against  CPC Behavioral Healthcare personnel.  We may also release PHI to law enforcement officials under other circumstances to the extent permitted by law. 

 

  • Decedents.  We may disclose your health information to coroners or officials within the offices of the Sate Medical Examiner or a County Medical Examiner making investigations and conducting autopsies, pursuant to N.J.S.A. 52:17B-78 et seq. or to the estate administrator/executor or next of kin indicated in your patient record.

 

 

  • As Required by Law.  We may use or disclose your PHI in any other circumstances other than those listed above where we would be required or authorized by state or federal law or regulation to do so.

 

 

  • HIO Participation.  We may use or disclose your PHI in connection with an electronic Health Information Exchange Organization (HIO) that we may participate in.  Other health care providers, such as physicians, hospitals and other health care facilities, may have access to your information in the HIO for treatment and other purposes to the extent permitted by law.  You have the right to “opt-out” or decline to participate in the HIE and we will provide you with this right at the earliest opportunity.  If you choose to opt-out of the HIE, we will not use or disclose any of your information in connection with the HIE. 

 

USES AND DISCLOSURES OF YOUR PHI THAT REQUIRE YOUR WRITTEN AUTHORIZATION

 

In general, we will need your specific written authorization on our HIPAA Authorization Form to use or disclose your PHI for any purpose other than those listed above in Section III.  For example, we would need your written authorization to disclose psychotherapy notes or information identifying you as an alcohol or drug treatment patient, or need you to indicate on the HIPAA Authorization Form that we may send you marketing materials.

 

We will seek your specific written authorization for at least the following information unless the use or disclosure would be otherwise permitted or required by law as described above:

 

  • HIV/AIDS information.  In most cases, we will NOT release any of your HIV/AIDS related information unless your authorization expressly states that we may do so. There are certain purposes, however, for which we may be permitted to release your HIV/AIDS information without obtaining your express authorization.  For example, to comply with a court order or, when otherwise required by law, to the New Jersey Department of Health or other governmental entity.

 

  • Sexually transmitted disease information.  In most cases, we must obtain your specific authorization prior to disclosing any information that would identify you as having or being suspected of having a sexually transmitted disease.  We may use and disclose information related to sexually transmitted diseases without obtaining your authorization only where permitted by law, including to the New Jersey Department of Health and Senior Services and only under limited circumstances. 

 

  • Tuberculosis Information. We must obtain your specific written authorization prior to disclosing any information that would identify you as having or being suspected of having tuberculosis (TB).  We may use and disclose TB information where authorized by law, to the New Jersey Department of Health, or otherwise authorized by court order.

 

  • Psychotherapy notes.  We must obtain your specific written authorization prior to disclosing any psychotherapy notes unless otherwise permitted by law.  Where the psychotherapy notes involve family therapy and the records for all participants have been integrated, no single family member shall have access to those records unless all adult participants and the guardians of any minor participants agree through a signed authorization form.

 

  • Mental health information.  We must obtain your specific written authorization prior to disclosing certain mental health information unless otherwise permitted by law.   

 

  • Drug and alcohol information.  We must obtain your specific written authorization prior to disclosing information related to drug and alcohol treatment or rehabilitation under certain circumstances such as where you received drug or alcohol treatment at a federally funded treatment facility or program. 

 

  • Genetic information.  We must obtain your specific written authorization prior to obtaining or retaining your genetic information, or using or disclosing it for treatment, payment or health care operations purposes.  We may use or disclose your genetic information without your written authorization only where it would be permitted by law, such as for paternity tests for court proceedings, newborn screening requirements, identifying a body or otherwise authorized by a court order.

 

  • Information related to emancipated treatment of a Minor.  If you are a minor who has sought emancipated treatment from us, such as treatment related to your pregnancy or treatment of your child, or a sexually transmitted disease (STD), we must obtain your specific written authorization prior to disclosing any of this information to another person, including your parent or guardian, unless otherwise permitted or required by law.

 

  • Marketing activities.  We must obtain your specific written authorization in order to use any of your PHI to mail or email you marketing materials.  However, we may provide you with marketing materials face-to-face without obtaining authorization, in addition to communicating with you about services or products that relate to your treatment, case management, or care coordination, alternative treatments, therapies, providers or care settings.  If you do provide us with your written authorization to send you marketing materials, you have a right to revoke your authorization and may do so at any time for future marketing communications.  If you wish to revoke your authorization, please contact the Privacy Office at 732 935-2250 or in writing at Privacy Officer, CPC Behavioral Healthcare, 10 Industrial Way East, Eatontown, NJ 07724.

 

  • Activities where we receive money for exchanging PHI.  For certain activities in which we would receive money (remuneration) directly or indirectly from a third party in exchange for your PHI, we must obtain your specific written authorization prior to doing so. However, we would not require your authorization for activities such as for treatment purposes.  You have a right to revoke your authorization at any time.  If you wish to revoke your authorization, please contact the Privacy Office at 732 935-2250 or in writing at Privacy Officer, CPC Behavioral Healthcare, 10 Industrial Way East, Eatontown, NJ 07724.

 

YOUR RIGHTS REGARDING YOUR PHI

 

  • Right to Inspect/Copy PHI.  You have the right to inspect and request copies of your PHI that we maintain.  For PHI that we maintain in any electronic designated record set, you may request a copy of such PHI in a reasonable electronic format. If readily producible.  However, under limited circumstances, you may be denied access to a portion of your records. For example, where your medical record contains psychotherapy notes or information compiled for use in a civil, criminal or administrative proceeding or in other limited circumstances.  Please contact HIPAA Privacy Officer at 732 935-2250 if you would like to inspect or request copies of your PHI from us.  We may charge you a reasonable fee for paper copies of your PHI or the amount of our reasonable labor costs for a copy of your PHI in an electronic format. 

 

  • Right to Confidential Communications.  You have the right to make a reasonable written request to receive your PHI by alternative and reasonable means of communication or at alternative reasonable locations.

 

  • Right to Receive Paper Copy of NPP.  You may at any time request a paper copy of this Notice, even if you previously agreed to receive this Notice by email or other electronic format.  Please contact the Privacy Office to obtain a paper copy of this Notice.

 

  • Right to Notice of Breach.  We take very seriously the confidentiality of our patients’ information, and we are required by law to protect the privacy and security of your PHI through appropriate safeguards.  We will notify you in the event a breach occurs involving or potentially involving your unsecured PHI and inform you of what steps you may need to take to protect yourself. 

 

  • Right to Request Additional Restrictions.  You have the right to request restrictions be placed on certain uses and disclosures of your PHI.  Although we will carefully consider all requests for additional restrictions on how we will use or disclose your PHI, we are not required to grant your request unless your request relates solely to disclosure of your PHI to a health plan or other payor for the sole purpose of payment or health care operations for a health care item or service that you or your representative have paid us for in full and out-of-pocket.  Requests for restrictions must be in writing.  Please contact the Privacy Office if you wish to request a restriction.

 

  • Right to Request Amendment.  You may request that we amend, or change, your PHI that we maintain by contacting the HIPAA Privacy Officer .  We will comply with your request unless:

 

  • We believe the information is accurate and complete;

  • We maintain the information you have asked us to change but we did not create or author it, for example, your medical records from another doctor were brought to us and incorporated into your medical records with our doctors;

  • The information is not part of the designated record set or otherwise unavailable for inspection.

 

Requests for amendments must be in writing.  Please contact the Privacy Office if you wish to request an additional restriction on a use/disclosure of your PHI. 

 

  • Right to Revoke Authorization.  You may at any time revoke your authorization, whether it was given verbally or in writing.  You will generally be required to revoke your authorization in writing by contacting our Privacy Office.  Any revocation will be granted except to the extent we may have taken action in reliance upon your authorization. 

 

  • Right to Accounting of Disclosures.  You may request an accounting of certain disclosures we have made of your PHI within the period of six (6) years from the date of your request for the accounting.  The first accounting you request within a period of twelve (12) months is free.  Any subsequently requested accountings may result in a reasonable charge for the accounting statement.  Please contact the Privacy Office if you wish to request an accounting of disclosures.  We will generally respond to your request in writing within thirty (30) days from receipt of the request. 

 

  • Right to Request an Accounting of Disclosures.  You may request an accounting of certain disclosures we have made of your PHI from a designated record set within the period of three (3) years from the date of your request for the accounting.  The first accounting you request within a period of twelve (12) months is free.  Any subsequent requested accountings may result in a reasonable charge for the accounting statement.  Please contact the Privacy Office if you wish to request an accounting of disclosures.  We will generally respond to your request in writing within thirty (30) days from receipt of the request. ]

 

  • Right to Request Access Report.  You may request an access report of all accesses to your PHI maintained in an electronic designated record set within the period of three (3) years from the date of your request for the access report.  The first access report you request within a period of twelve (12) months is free.  Any subsequent requested accountings may result in a reasonable charge for the access report.  Please contact the Privacy Office if you wish to request an access report.  We will generally respond to your request in writing within thirty (30) days from receipt of the request.

 

INFORMATION REGARDING THE LENGTH AND DURATION OF THIS NOTICE

 

This Notice is effective as of September 1, 2013.  We will abide by the terms of this Notice as is currently in effect, however, we may change this notice at any time.  Changes to this Notice will apply to all PHI that we maintain. However, if we do change this Notice, we will only make changes to the extent permitted by law. We will also make the revised Notice available to you by posting it in a place where all individuals seeking services from us will be able to read the Notice [as well as on our website at http://www.cpcbehavioral.org. You may obtain the new Notice in hard copy as well from our Privacy Office.

 

COMPLAINTS/ADDITIONAL INFORMATION

 

You may contact our Privacy Office at any time if you wish any additional information or have questions concerning this Notice or your PHI.  If you feel that your privacy rights have been or may have been violated, you may also contact our Privacy Office OR file a written complaint with the Office of Civil Rights of the U.S. Department of Health and Human Services.  We will NOT retaliate against you if you file a complaint with us or the Office of Civil Rights.  If you wish to file a written complaint with the Office of Civil Rights, please contact the Privacy Office and we will provide you with the contact information.

 

Violation of the Confidentiality Law is a crime.  Suspected violations of the Confidentiality Law may be reported to the United States Attorney in the district where the violation occurs.

 

OUR CONTACT INFORMATION

 

You may contact us with any concerns or for additional information regarding our privacy practices by calling or writing the Privacy Office at:

 

CPC Behavioral Healthcare

Privacy Officer

10 Industrial Way East

Eatontown, NJ  07724

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