Privacy Policy
ReMind is committed to providing you with quality behavioral healthcare services. An important part of that commitment is protecting your health information according to current applicable laws. This notice (“Notice of Privacy Practices”) describes your rights and our duties under Federal Law. Individually identifiable information about your past, present, or future health or condition, the provision of health care to you or payment for health care is considered “Protected Health Information” (PHI).
Our Commitment
We are required to extend certain protections to your PHI, and to give you this Notice about our privacy practices that explains how, when, and why we may disclose your PHI. Except in a specific circumstance, we must use or disclose only the minimum necessary PHI to accomplish the intended purpose of the use or disclosure. We are required to follow the privacy practices described in this Notice though we reserve the right to change our privacy practices and the terms of this Notice at any time.
Any new Notice of Privacy Practices will be effective for all PHI that we maintain at that time. Notification of revisions of this Notice of Privacy Practices will be provided as follows upon request, electronically, or as posted in our place of business.
42 CFR Part 2 “Confidentiality” Summary
Title 42 of the Code of Federal Regulations (CFR) Part 2: Confidentiality of Substance Use Disorder Patient Records (Part 2) addresses concerns about the potential use of Substance Use Disorder (SUD) information in non-treatment-based settings such as administrative or criminal hearings related to the patient. Part 2 is intended to ensure that a patient receiving treatment for a SUD in a Part 2 Program does not face adverse consequences in relation to issues such as criminal proceedings and domestic proceedings such as those related to child custody, divorce, or employment. Part 2 protects the confidentiality of SUD patient records by restricting the circumstances under which Part 2 Programs or other lawful holders1 can disclose such records.
Part 2 Programs are federally assisted programs. In general, Part 2 Programs are prohibited from disclosing any information that would identify a person as having or having had a SUD unless that person provides written consent. Part 2 specifies a set of requirements for consent forms, including but not limited to the name of the patient, the names of individuals/entities that are permitted to disclose or receive patient identifying information, the amount and kind of the information being disclosed, and the purpose of the disclosure (see §2.31).4 In addition to Part 2, other privacy laws such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA) have been enacted. HIPAA generally permits the disclosure of protected health information for certain purposes without patient authorization, including treatment, payment, or health care operations.
Violations of the federal law and regulations by treatment facilities is a crime. Suspected violations may be reported to the U.S. Attorney General and to the Substance Abuse and Mental Health Services (SAMHSA) office responsible for oversight of the treatment facility.
Use and Disclosure of Your PHI
We use and disclose Protected Health information for a variety of reasons. We have a limited right to use and / or disclose your PHI for purposes of treatment, payment, and for our healthcare operations. For uses beyond that, we must have your written authorization unless the law permits or requires us to make the use or disclosure without your authorization. If we disclose your PHI to an outside entity for that entity to perform a function on our behalf, we must have in place an agreement from the outside entity that will extend the same degree of privacy protection to your information that we must apply to your PHI. However, the law provides that we are permitted to make some uses or disclosures without your consent or authorization. The following describes and offers examples of our potential uses or disclosures of your PHI.
Generally, we may use or disclose your PHI as follows:
For Treatment: We may disclose your PHI to doctors, nurses, and other healthcare personnel who are involved in providing your health care. For example, your PHI will be shared among members of your treatment team, or with central pharmacy staff. Your PHI may also be shared with outside entities performing ancillary services relating to your treatment, such as lab work, for consultation purposes, or licensure boards, accreditation agencies, and / or community mental health agencies involved in the provision or coordination of your care.
To Obtain Payment: We may use or disclose your PHI to bill and collect
payment for your healthcare services. For example, we may contact your
employer to verify your employment status, and / or release portions of your PHI to the Medicaid program, collection agencies, and / or a private insurer to get paid for services that we delivered to you. We may release information to the Office of the Attorney General for collection purposes.
For Health Care Operations: We may use / disclose your PHI in the course of operating our agency. For example, we may use your PHI in evaluating the
quality of services provided, or disclose your PHI to our accountant or attorney
for audit purposes. Since we are an integrated system, we may disclose your PHI to designated staff in our other facilities having a need for the information in connection with their duties that arise out of the provision of diagnosis, treatment, or referral for treatment of alcohol or drug abuse. Release of your PHI to other state agencies might also be necessary to determine your eligibility for publicly funded services.
Health and Human Services: We are required to disclose PHI to the Department of Health and Human Services should they be investigating or determining our compliance with the HIPAA Privacy Rules.
Qualified Business Associates: We may disclose you PHI to Business Associates that are contracted by us to perform services on our behalf which may involve receipt, use or disclosure of your PHI. All our Business Associates (BA) must agree to:
- Protect the privacy of your PHI
- Use and disclose the information only for the purposes for which the Business Associate was engaged
- Be bound by 42 CFR Part 2
- If necessary, resist in judicial proceedings any efforts to obtain access to
patient records except as permitted by law.
Police Investigations: We may disclose your PHI to law enforcement under the following conditions:
- When the PHI is directly related to the commission of a crime on the premises or against our personnel or to a threat to commit such a crime.
- We may disclose information required to report under state law incidents of suspected child or adult abuse and neglect to the appropriate state or local authorities. However, we may not disclose the original patient records, including for civil or criminal proceedings which may arise out of the report of suspected child or adult abuse and neglect, without consent.
Emergency Situations: We may disclose information to medical personnel for the purpose of treating you in an emergency.
Central Registry: By enrolling in Medication Assisted Treatment at this facility, your health information may be released to the Central Registry within the Commonwealth of Kentucky. This information will be viewed by staff and any legally licensed Medication Assisted Treatment facility in the United States when you present and request enrollment and/or emergency medication services. In addition, the above-described information could be released to any duly authorized or appointed State Opioid Treatment Authority and their staff for the purposes of monitoring dual enrollment verifications.
Authorizations to Use or Disclose Your PHI
For uses and disclosures beyond treatment, payment and operations purposes we are required to have your written authorization unless the use or disclosure falls within one of the exceptions described below. As an example, most uses and disclosures of psychotherapy notes, uses and disclosures of PHI for marketing purposes, and disclosures that constitute a sale of PHI require your written authorization.
Special privacy protections also apply to HIV-related information, alcohol and substance abuse treatment information, and mental health information. This means that parts of this Notice may not apply to these types of information because stricter privacy requirements may apply.
ReMind Health Group will only disclose this information as permitted by applicable state and federal laws. If your treatment involves this information, you may contact our Privacy Officer to ask about the special protections.
Authorizations to use or disclose PHI can be revoked at any time to stop future uses or disclosures. We are unable to take back any uses or disclosures of your PHI we have already made with your authorization.
Uses & Disclosures of PHI Not Requiring Consent or Authorization
The law provides that we may use / disclose your PHI without consent or authorization in the following circumstances:
When Required by Law: We may disclose PHI when a law requires that we report information about suspected abuse, neglect, or domestic violence, or relating to suspected criminal activity, or in response to a court order. We must also disclose PHI to authorities that monitor compliance with these privacy requirements.
For Public Health Activities: We may disclose PHI when we are required to collect information about disease or injury, or to report vital statistics to the public health authority.
For Health Oversight Activities: We may disclose PHI to our central office, the protection and advocacy agency, or other agency responsible for monitoring the healthcare system for such purposes as reporting or investigation of unusual incidents and monitoring of the Medicaid program.
To Avert Threat to Health or Safety: To avoid a serious threat to health or safety, we may disclose PHI as necessary to law enforcement or other persons who can reasonably prevent or lessen the threat of harm to your health and safety or to the health and safety of the public or of another person.
For Specific Government Functions: We may disclose PHI to Government benefit programs relating to eligibility and enrollment, and for national security reasons.
For Research, Audit or Evaluation Purposes: In certain circumstances, we may disclose PHI for research, audit, or evaluation purposes.
For Deceased Individuals: We may discuss PHI relating to an individual’s death if state or federal law requires information for collection of vital statistics or inquiry into cause of death or to coroners, medical examiners, or funeral directors so they may do their jobs.
For Law Enforcement Purposes: We may disclose PHI to law enforcement
officials. For example, we may make these types of disclosures in response to a
valid court order, subpoena, or search warrant; to identify or locate a suspect,
fugitive, or missing person; or to report a crime committed on our premises.
Your Rights Regarding PHI
You have the following rights relating to your Protected Health Information:
To Request Restrictions on Uses / Disclosures: You have the right to ask that we limit how we use or disclose your PHI. We will consider your request but are not legally bound to agree to the restriction. To the extent that we do agree to any restrictions on our use or disclosure of your PHI, we will put the agreement in writing and abide by it except in emergency situations. We cannot agree to limit uses or disclosures that are required by law.
To Choose How We Contact You: You have the right to ask that we send you information at an alternative address or by an alternative means. We must agree to your request if it is reasonably easy for us to do so.
To Inspect and Request a Copy of Your PHI: Unless your access to your records is restricted for clear and documented reasons, you have the right to see your protected health information upon your written request. You may not see or get a copy of information gathered or prepared for a legal proceeding or if your requests cover psychotherapy notes. We will respond to your written request within 30 days. If we deny your access, we will give you written reasons for the denial and explain how to request a determination review. If you want copies of your PHI, a charge for copying may be imposed, depending on the circumstances. You have the right to choose what portions of your information you want copied and to have prior information on the cost of copying.
To Request Amendment of Your PHI: If you believe that there is a mistake or missing information in our record of your PHI, you may request in writing that we correct or add to the record. Your request should be submitted to our Privacy Officer. We will respond within 60 days of receiving your request. If we accept your request, we will tell you and will amend your records by supplementing the information in the records. We will also tell others that need to know about the change in PHI. We may deny the request. Any denial will state our reasons for the denial and explain your rights to have the request and denial, along with any statement in response to the denial that you provide, appended to your PHI.
To Find Out What Disclosures Have Been Made: You have a right to get a list of when, to whom, for what purposes, and what content of your PHI has been released other than instances of disclosure for treatment, payment, and operations; to you, your family, or the facility directory; or pursuant to your written authorization. The list also will not include any disclosures made for national security purposes, to law enforcement officials or correctional facilities, or disclosures made before April 2003. We will respond to your written request for such a list within 60 days of receiving it. Your request can relate to disclosures going as far back as six years. There will be no charge for up to one such list each year. There may be a charge for more frequent requests. We will notify you of any such costs prior to efforts to comply with your request.
Right to Voice Concerns: You have the right to file a complaint in writing to us or with the U.S. Department of Health and Human Services if you believe we have violated your privacy rights. Any complaints to us should be made in writing to our Privacy Officer at the address listed below. We will not retaliate against you for filing a complaint.
ReMind:
Attn: Privacy Officer
1939 Goldsmith Lane, Suite 117
Louisville, KY 40218
(502) 384-5436
If you think we may have violated your privacy rights, or you disagree with a
decision we made about access to your PHI, you may file a complaint with person listed below. You may also file a complaint with:
We will take no retaliatory action against you if you make such complaints.
[Secretary of the U.S. Department of Health and Human Services, 200 Independence Avenus SW, Washington, D.C. 20201. Toll Free: (800) 368-1019 and TDD Toll Free: (800) 537-7697].
Patient Signed Consent
I fully understand and agree to these policies and conditions. This supplements previous agreements I may have signed. A copy of this agreement is available upon request.