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Notice of Privacy Practices -

New Beginnings Behavioral Health Services, LLC

POLICY AND PROCEDURES                 Policy # 9.2

 Client Rights/Ethical Practice

Title:       HIPAA Privacy Policy

 

STATEMENT

This policy statement applies to any health care professional who is authorized to enter information in medical/health records; any member of a volunteer group working in a state facility; all providers contracted to provide services to the state’s clients; and any agency that would have to abide by HIPAA.

HIPAA requires that covered entities handle personally identifiable, medical, and health information according to HIPAA regulations. See HIPAA Privacy Rule: http://www.hhs.gov/ocr/hipaa/finalreg.html

POLICY

New Beginnings Behavioral Health Services, LLC (NBBHS) is required by state and federal law to maintain the privacy of an individual’s health information.  NBBHS is required to give an individual this   notice of its legal duties and privacy practices with respect to the health information that the agency collects and maintains about the individual.  

This notice describes and gives some examples of the permitted ways that an individual’s health information may be used or released. 

Release of an   individual’s information outside of the boundaries of agency-related treatment, payment or operations, or as otherwise permitted by State or Federal law, will be made only with an individual’s specific written authorization.

An individual may revoke specific authorizations to release his/her information, in writing, at any time.  If an individual revokes an authorization, the agency will no longer release the individual’s health information to the authorized recipient(s), except to the       extent that the agency has already used or released that information in reliance of the original authorization.

HOW AN AGENCY EMPLOYEE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT AN INDIVIDUAL:  

The following categories describe different ways that NBBHS may use and disclose a client’s medical/health information.  Explanation and examples are given for each category of uses or disclosures. Not every use or disclosure in a category will be listed.  However, all of the ways agencies are permitted to use and disclose information will fall within one of the categories.

Agencies can use or disclose medical information about an individual regarding his/her treatment, payment for services and for agency operations.

Treatment:  Caregivers, such as nurses, doctors, therapists, nutritionists and social workers may use an individual’s health information to determine current plan of care.  Employees and programs within NBBHS may share health information about an individual in order to coordinate the services he/she may need, such as clinical examinations, therapy, nutritional services, medications, hospitalization or follow-up care. NBBHS may also use an individual’s health information to determine if   his/her treatment is medically necessary or to ensure that proper treatment is being given.

For Payment:  NBBHS may release information about an individual to Medicaid, his/her health plan or health insurance carrier to obtain payment for our services.  For example, NBBHS may need to give an individual’s health plan information about a services that the individual or his/her child received so his/her health plan will pay the agency or reimburse the individual for treatment or services provided.

NBBHS may also share an individual’s information, when appropriate, with other government programs such as Workers’ Compensation, Medicaid, Medicare in order to coordinate his/her benefits and payments. NBBHS may also tell an individual’s health plan about a treatment he/she is going to receive in order to obtain prior approval or to determine whether his/her plan will cover the treatment.

           

For Operations:  NBBHS may use and release information about an individual to ensure that the services and benefits provided to him/her are appropriate and are high quality.  For example, NBBHS may use an individual’s information to evaluate the agency’s treatment and service programs or to evaluate the services of other providers that use government funds to provide health care services to the individual.  Agencies may combine health information about many individuals to research health trends, to determine what services and programs should be offered, or whether new treatments or services are useful.  NBBHS may share an individual’s health information with business partners who perform functions on behalf of the Agency.  For example, an NBBHS business partner may use an individual’s information to perform case management, coordination of care or other assessment activities.  NBBHS requires that its business partners abide by the same level of confidentiality and security as its employees when handling an individual’s health information.

To Other Government Agencies Providing Benefits or Services:  NBBHS may release an individual’s health information to other government agencies that are providing an individual with benefits or services when the information is necessary for him/her to receive those benefits and services.

To Keep an Individual Informed:  NBBHS may contact an individual about reminders for treatment, medical care or health check-ups. NBBHS may also contact an individual to tell him/her about health related benefits or services that may be of interest to him/her or to give the individual information about his/her managed care choices.

For Public Health:  NBBHS may release an individual’s health information as it relates to public health, subject to the provisions of applicable state and federal law, for the following kinds of activities:                    

  • To prevent or control disease, injury or disability or to keep vital statistics records such as births and deaths;
  • To notify social service agencies that are authorized by law to receive reports of abuse, neglect or domestic violence;
  • To report reactions to medications or problems with products to the Food and Drug Administration (FDA).

For Health Oversight Activities:  NBBHS may share an individual’s health information with other departments within the agency and with other agencies for oversight activities as required by law.  Examples of these oversight activities include audits, inspections, investigations and licensure. 

For Law Enforcement:  NBBHS may release health information to a law enforcement official, subject to applicable federal and state law and regulations, for purposes that are required by law or in response to a court order or subpoena.

For Research:  NBBHS may release an individual’s health information for research projects that have been reviewed and approved by an institutional review board or privacy board to ensure the continued privacy and protection of the health information.

Lawsuits and Disputes:  If an individual is involved in a lawsuit or a dispute, NBBHS may release health information about him/her in response to a court or administrative order. NBBHS may also release health information about an individual in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell the individual about the    request or to obtain an order protecting the information requested.

To Coroners, Medical Examiners and Funeral Directors:  NBBHS may release health information to a coroner, medical examiner or funeral director, as necessary to carry out duties as authorized by law.

For Organ Donations:  If an individual is an organ donor, NBBHS may release his/her health information to an organization that procures, banks, for transports organs for the purpose of an organ, eye or tissue donation and transplantation.

To Avert a Serious Threat to Health or Safety:  NBBHS may release an individuals health information if it is necessary to prevent a serious threat to his/her health and safety or to the health and safety of the public or another person. 

For National Security and Protection of the President:  NBBHS  may release an individual’s health information to an authorized federal official or other authorized persons for purposes of national security, for providing protection to the President, or to conduct special investigations, as authorized by law.

To a Correctional Institution:  If an individual is an inmate of a correctional institution or under the custody of a law enforcement officer, NBBHS may release his/her health information to the correctional institution or law enforcement officer.  The information released must be necessary for the institution to provide an individual with health care, protect his/her health and safety or the health and safety of others, or for the safety and security of the correctional institution.

To the Military:  If an individual is a veteran or a current member of the armed forces, NBBHS may release his/her health information as required by military command or veteran administration authorities. 

If an individual does not object and the situation is not an emergency and disclosure is not otherwise prohibited by stricter laws, NBBHS is permitted to release his/her information under the following circumstances:

To Identified Individuals Involved in an Individual’s Care:  NBBHS may release an individual’s health information to a family member, other relative, friend or other person whom the individual has identified to be involved in his/her health care or the payment of his/her health care.

To Family:  NBBHS may use an individual’s information to notify a family member, a personal representative or a person responsible for his/her care, of his/her location, general condition or death.

To Disaster Relief Agencies:  NBBHS may release an individual’s health information to an agency authorized by law to assist in disaster relief efforts.

INDIVIDUALS’ HEALTH INFORMATION RIGHTS

Individuals have the following rights regarding the health information that NBBHS has about him/her: 

Right to Inspect and Copy:  Individuals have the right to inspect and obtain a copy of their health information.  This request may include medical, billing or health care payment information.

It does not include information that is needed for civil, criminal or administrative actions or proceedings or psychotherapy notes.  Agencies may charge a fee for the costs of copying, mailing or other supplies associated with an individual’s request.

Right to Request Amendment:  If an individual believes that the health information NBBHS has created about him/her is incorrect or incomplete, he/she may ask us to amend that information.  NBBHS may deny the request if an individual asks to amend information that: 1) was not created by NBBHS; 2) is not part of the health information kept by NBBHS; 3) is not part of the information which the individual would be permitted to inspect or copy; or 4) the information is determined         to be accurate and complete.

Right to Accounting of Health Information Releases:  Individuals have the right to request a list of information releases that NBBHS has made of their health information.  The list will not include: 1) health information releases made for purposes of providing treatment to an individual, obtaining payment for services or releases made for administrative or operational purposes; 2) health information releases made for national security; 3) health information releases made to correctional institutions and other law enforcement custodial situations; 4) health information releases NBBHS has made based on an individual’s written authorization; 5) health information releases to persons who are involved in an individual’s care; or 6) health information releases made prior to April 16, 2003.

Right to Request Restrictions:  Individuals have the right to request a restriction or limitation of the health care information NBBHS uses or releases for treatment, payment or operational purposes.  NBBHS is not legally required to agree to the requested restriction or limitation.

Right to Request Confidential Communication:  Individuals have the right to request that Agencies communicate with them about health care matters in a certain way or at a certain location.  For example, an individual can request that NBBHS only contact him/her at work or by email.  NBBHS will accommodate all reasonable requests.  To request confidential communications, an individual must specify how or where he/she wishes to be contacted.

Right to a Paper Copy of this Notice:  Individuals have the right to request a paper copy of this notice from NBBHS at any time. 

All requests for inspecting, copying, amending, making restrictions, or obtaining an accounting of an individual’s health information must be made in writing to:

New Beginnings Behavioral Health Services, LLC

ATTN: Medical Records

7107 West 12th Street, Suite 201

Little Rock, Arkansas 72204

Office Phone: 501-663-1837  

Office Fax: 501-663-1839 

COMPLAINTS

If an individual believes his/her privacy rights have been violated:

  • To file a complaint to the New Beginnings – Privacy Officer, please contact:

New Beginnings Behavioral Health Services, LLC

ATTN: Privacy Officer

7107   West 12th Street, Suite 201

Little Rock, Arkansas 72204

Office Phone: 501-663-1837

Office Fax: 501-663-1839

  • An individual may file a complaint with the Arkansas HIPAA contact:                     Office of the Executive CIO; 124 West Capitol, Suite 200; Little Rock, AR 72201;

501-682-4301.

  • An individual may file a complaint with the facility or with the Secretary of the Department of Health and Human Services.  You may call them at 877-696-6775 or write to them at 200 Independence Ave. S.W., Washington, DC, 2020l.
  • An individual may file a grievance with the Office of Civil Rights by calling 866-OCR-PRIV (866-627-7748), or 886-788-4989 TTY.

CHANGES TO THIS POLICY

NBBHS reserves the right to revise this policy. NBBHS reserves the right to make the revised policy effective for the health information it already has about an individual, as well as any information it creates or receives in the future.  NBBHS will provide individuals with a copy of the revised policy within 60 days.  NBBHS will post a copy of the current policy at its website. In addition, an individual may ask for a copy of his/her Agency’s current policy regarding privacy practices at any time.

 

DEFINITION

Covered Entity: health plans, health care clearinghouses, and health care providers who transmit any health information in electronic form in connection with a standard transaction

Health Care Provider: a provider of medical or health services and any other                 person or organization who furnishes, bills, or is paid for health care services or                    supplies in the normal course of business

Health Information: any information, whether oral or recorded in any form or medium, that: (1) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual.

Health Plan: an individual plan or group health plan that provides, or pays the                  cost of, medical care

Individually Identifiable Health Information: information that is a subset of health information, including demographic information collected from an individual, and: (1) Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and (2) Relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) That identifies the individual; or (ii) With respect to which there is a reasonable basis to believe the information can be used to identify the individual.

Transaction: the transmission of information between two parties to carry out financial or administrative activities related to health care

RELATED RESOURCES

 INQUIRIES

Direct inquiries about this policy to:

New Beginnings Behavioral Health Services, LLC

ATTN: Privacy Officer

7107 West 12th Street, Suite 201

Little Rock, Arkansas 72204

Office Phone: 501-663-1837

Office Fax: 501-663-1839