This notice describes how Community School uses and discloses your medical and other identifying Protected Health Information (PHI). In addition, this notice describes your legal rights regarding your records and the process for accessing your records. Please review this notice carefully. You will be asked to sign the Authorization for Treatment Form, later in this packet, to document your receipt of this information and formal agreement of these practices.
As part of providing services, Community School will collect PHI about your child’s health care and your family. Community School needs this PHI to provide quality services and to comply with certain legal requirements. This notice applies to all records generated by the Community School. This law requires us to:
- Make sure that records with identifying PHI are kept private
- Give you this notice of our legal duties and privacy practices with respect to PHI
- Follow the terms of the Privacy Notice that is currently in effect
How Community School May Use and Disclose PHI
Listed below are a number of reasons or ways in which Community School may disclose PHI. In each category, there is an explanation of the reason and usually an example. This notice does NOT LIST EVERY USE OR DISCLOSURE IN A CATEGORY. The reasons Community School might disclose PHI includes:
➢ For Treatment: Community School may disclose PHI to Community School personnel or outside of Community School to others who are involved in providing care to you or your child. For example, Community School Senior Therapists meet weekly to discuss challenging behaviors and programming and may share PHI at that time. In addition, with written consent, Community School may communicate with your child’s Parish Case Manager.
➢ For Payment: Community School may use and disclose PHI so that services may be billed, and payment may be collected from an insurance company or a government health program. Community School may also tell your health plan about a service your child may receive to obtain prior approval or to determine whether your health plan will cover the treatment. As legal guardians, you must provide informed consent for Community School to release this PHI.
➢ For Health Care Operations: Community School may use Community School to run our program and to make sure Community School is providing quality services or to decide if services should be changed or modified.
➢ As Required by Law: Community School will disclose PHI when required by federal, state, or local law. For example, state law requires Community School to report suspected abuse or neglect to the proper authorities, which will require the release of PHI. This use of PHI does not require consent
➢ To Avoid a Serious Threat to Health or Safety: Community School may use or disclose PHI when necessary to prevent a serious threat to your child’s health and safety or the health and safety of the public or another person. As legal guardians, you will have the opportunity to provide written consent for this use of PHI.
➢ Military and Veterans: If you are a member of the armed forces, Community School may release PHI about you as required by military command authorities without additional consent.
➢ Workers’ Compensation: Community School may release PHI for workers’ compensation or similar programs when required by law to do so. For example, if you are involved in a claim for workers’ compensation benefits, Community School may release PHI requested about your child’s health.
➢ Health Oversight Activities: Community School may disclose PHI to a health oversight agency for activities authorized by law. Examples are government audits, investigations, inspections, and licensure.
➢ Lawsuits and Disputes: If you are involved in a lawsuit or dispute, or if there is a lawsuit or dispute concerning our services or someone who provided services to you, Community School may disclose PHI in response to a court or administrative order. 45 Community School may also disclose PHI in response to a subpoena, discovery request, or other lawful process from someone else involved in the dispute, but only if efforts have been made to inform you about the request prior to providing the PHI to allow you to obtain an order protecting the PHI requested.
➢ Law Enforcement: In certain situations, Community School may release PHI to law enforcement officials. For example, Community School might release PHI about you to identify or locate a missing person; about a death at Community School that may be the result of criminal conduct; or in emergency circumstances to report a crime, the location of the crime or victims, or the identity, description of location of the person believed to have committed the crime.
➢ Coroners, Medical Examiners and Funeral Directors: Community School may release PHI to a coroner or medical examiner to identify a deceased person or determinate a cause of death. Community School may release PHI to funeral directors as necessary to help them carry out their duties.
➢ National Security and Intelligence, Protective Services for the President, and Others: Community School may release PHI to authorized federal officials for intelligence, counterintelligence and other national security activities authorized by law.
➢ Correctional Programs: If you are an inmate or in the custody of a law enforcement officer, Community School may release PHI to the correctional institution or law enforcement official, to protect your health and safety or the health and safety of others.
Your Rights and Your Child’s Rights Regarding Your Protected Health Information
As legal guardians for your child, you have the following rights:
To Inspect and Copy Community School Service Records: Usually this includes medical and billing records but may exclude psychotherapy notes. To inspect and copy PHI in your record you must submit a request in writing to the Chief Executive Officer or HIPAA Compliance Officer. Community School is allowed to charge a reasonable fee for the costs of copying, mailing or other costs related to your request.
In very limited circumstances Community School may deny your request. If Community School denies your request, you may ask that the denial be reviewed. Another licensed health care professional of Community School will then review your request and either uphold the original decision or reverse it.
To Amend Your Record. If you believe that the PHI Community School has about you and/or your child is incorrect or incomplete; you may make a written request to the HIPAA Compliance Officer to amend the PHI. You must include a reason that supports your request.
Community School may deny the request if it is not in writing or does not include reasons to support the request.
Community School may also deny your request if you ask us to amend PHI that:
- was not created by us, unless the person/entity that created the PHI is no longer available to make the amendment
- is not part of the PHI kept in our file
- Is not part of the PHI you would be permitted to inspect and copy
- Community School believes the PHI is accurate and complete
If you disagree with the denial, you may submit a statement of disagreement. If you request an amendment to your record, Community School will include your request in the record, whether the amendment is accepted or not.
To Receive an Accounting of Disclosures: Community School will keep a log of disclosures made on or after September 01, 2022, other than disclosures for treatment, billing, or health care operations. You have the right to request the list of disclosures. You must submit a written request to the HIPAA Compliance Officer. The request may not cover more than a six-year period.
To Request Restrictions: You may request a restriction on the disclosure of PHI for treatment, payment, or health care operations. Your request must be in writing to the HIPAA Compliance Officer. Your request must clearly state
1) what PHI is to be limited
2) whether you want to limit our use, our disclosure or both; and
3) to whom you want the limit to apply. For example, you could ask that Community School not use or disclose PHI to a certain person about services your child has received.
Community School does not have to agree to your request to restrict access to PHI.
If Community School does agree, Community School will comply with your request unless the PHI is needed to provide emergency treatment or to comply with a lawful and legal request or investigation.
To Request Alternative Ways to Communicate: You may request that Community School communicate with you about services in a certain way or at a certain location. For example, you can ask that Community School contact you only at work, or only by mail. Your request must be in writing, must tell us how you would like us to communicate with you, and must be sent to the HIPAA Compliance Officer. Community School will accommodate all reasonable requests.
To Receive a Paper Copy or Electronic Copy of this Notice: You have the right to receive a paper or an electronic copy of this notice from the HIPAA Compliance Officer.
Additional Rights Under State Law: State privacy laws may provide additional privacy protections. Any such protections will be attached in a separate State addendum to this Notice.
Changes to this Notice: Community School may change this notice in the future. Community School can make the revised or changed notice effect for PHI Community School already have about you as well as any PHI Community School may create or receive in the future.
Complaints: If you believe your privacy rights have been violated, you may file a complaint with the HIPAA Compliance Officer or with the Secretary of Health and Human Services. All complaints must be in writing. Community School will not retaliate against you for filing a complaint.
BY SIGNING THIS FORM, I AM AGREEING THAT I HAVE READ, UNDERSTOOD AND AGREE TO THE ITEMS CONTAINED IN THIS DOCUMENT.
Signature of Parent/Guardian
Signature of Client (if applicable)
Participating Staff Signature