This notice describes how medical information about a recipient may be used and disclosed and how to gain access to the above information. Please review it carefully.
All information that is provided during the screening, admission, and treatment/rehabilitation process is considered confidential by the employees, interns, and volunteers of Comcare. We are required to protect the privacy of health information of a recipient, and the disclosure of protected health information will be governed by the Health Insurance Portability and Accountability Act of 1996, as well as any other applicable federal or state laws.
Exchange and use of protected health information between First Choice Behavioral staff and/or First Choice Behavioral programs for the purpose of treatment, payment, or healthcare operations will be permitted and based on “need to know” guidelines, and positional authority. For example:
- Information obtained about a recipient by a psychiatrist, therapist, case manager, nurse or other member of the treatment team will be recorded in recipient’s record and used to determine the course of treatment that should work best for the recipient.
- Treatment team members will also be expected to discuss recipient progress with treatment on a routine basis.
- Information about the services received will be submitted and processed by the billing department so that the Agency can be paid, or the recipient can be reimbursed.
- Recipient medical record may also be pulled for review by the Quality Improvement department in preparation for an audit or for other internal reviews to improve the quality and effectiveness of the services being provided.
Disclosure of protected health information outside of First Choice Behavioral is permitted when recipient or their legal representative signs a written authorization or gives verbal authorization in an emergency. Any authorization for disclosure may be revoked at any time, except to the extent that action has been taken in reliance on it.
Recipients have the right to request restriction of the disclosure of their health information, except
when First Choice Behavioral is required to do so. Even without recipient specific consent, First Choice Behavioral may disclose information to someone outside of First Choice Behavioral (and in some cases First Choice Behavioral may even be required by law or professional ethics to disclose recipient information), in the following situations:
- When there is a medical or psychiatric emergency involving recipient health or safety or safety of others.
- When First Choice Behavioral is required by law to report instances of neglect or abuse of a child or disabled adult.
- Disclosure in a legal proceeding, where First Choice Behavioral is responding to an order of a court or administrative tribunal.
- When First Choice Behavioral is required by Texas Administrative Code to disclose to the physician, information due to an incident which would cause health risk to other persons.
- When First Choice Behavioral authorizes research for the purpose of program planning and evaluation of services using statistical information that cannot be linked to the recipient as an individual.
Recipients also have other rights related to the use and disclosure of health information in their medical record.
These rights include:
Right to request recipient medical record be designated as secured
All medical records are secure and confidential. Recipient may restrict the disclosure of their medical records only for the purpose of treatment, payment, or healthcare operations. First Choice Behavioral will make every effort to accommodate recipient request, but we are not required to do so. For example, if the information is the subject of a lawsuit or legal claim or if release of the information may present a danger to you or someone else.
Right to inspect and request a copy of recipient medical record.
If recipients would like to inspect or receive a copy of their health information, please contact First Choice Behavioral for instructions on how to submit a written request. The agency may deny recipient request in limited circumstances. If request is denied, First Choice Behavioral will respond to the recipient in writing, stating why the request was not granted and describing any rights to request a review for denial. If recipient request is approved, the agency may charge a reasonable fee for the costs of copying, mailing or other supplies associated with any request for copies.
Right to request amendment of any section of recipient medical record.
If recipients feel that the agency has information that is inaccurate or incomplete, recipients have the right to request amendments of record. If request is denied, the agency will notify recipient in writing of the reason and will describe recipient rights to provide a written statement disagreeing with the denial.
Right to receive an accounting of disclosures that have occurred.
Each disclosure of protected health information will be documented in the medical record. Recipients have the right to request an accounting of the disclosures of previous years, if any.
Right to request an alternative method of contact.
First Choice Behavioral may call recipients or mail information regarding appointment reminders, billing information, or other information about treatment alternatives or services that might be of interest. If
recipients would like to request an alternative method of contact, please notify the agency. First Choice Behavioral will accommodate reasonable requests, but may condition our accommodation on recipients providing, information regarding how payment, if any, will be handled.
Right to a copy of this Notice.
Recipients have the right to receive a paper copy of this Notice. First Choice Behavioral reserves the right to change this notice and to make the new notice effective for all protected health information that is maintained in hard copy or electronic format. Revisions to the
NOTICE OF PRIVACY PRACTICES will be made available at each facility for distribution to all recipients.
First Choice Behavioral recognizes the importance of confidentiality, and recipient’s right to be fully informed of all regulations regarding protected health information.
If recipients feel that their privacy rights have been violated, they may contact:
First Choice Behavioral
210-441-7148
OR
Office of Consumer Services and Rights Protection
Phone: (800) 252.8154
Fax:(512) 706-7353
1106 Clayton Lane
Austin, Texas 78723 Mail Code: H700
OR
Texas Department of Family and Protective Service
Call: 1-800-252-5400
Provision of services will not be affected by the filing of any complaint