| PRIVACY NOTICE
THIS NOTICE DESCRIBES HOW PROTECTED HEALTH INFORMATION
ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET
ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
Protecting your privacy is important to us at
South Shore Mental Health Center. We understand that protected
health information (PHI) about you is personal. This notice
describes the type of information we gather about you,
with whom that information may be shared, and the safeguards
we have in place to protect it.
We are required by law to keep PHI that identifies you
private; to give you this notice of our legal duties and
privacy practices with respect to PHI about you; and to
follow the terms of the notice that is currently in effect.
How We May Use and Disclose Your Protected Health
Information
We use and disclose PHI for a variety of reasons.
For most uses and disclosures, it is the policy of South
Shore Mental Health Center to obtain your consent. For
others, we must have your written authorization. However,
the law provides for certain conditions that permit the
Center to use or disclose PHI for which consent, authorization,
or opportunity to agree or object is not required, including
the preliminary activities to obtain the preliminary authorization
activities for you to engage in treatment.
The following categories describe different ways that
we may use and disclose PHI. For each category of uses
or disclosures we will give some examples.
For Treatment: We may use or disclose PHI about you to
doctors, nurses, clinicians, case managers, and/or other
health care professionals who are involved in providing
or coordinating your health care. For example, we gather
information about you through a comprehensive assessment
process, then use this information in the development
of a treatment plan that is consistent with your identified
needs. We may share information in order to coordinate
the different things you need, such as prescriptions and
lab work.
For Payment: We may use or disclose PHI about you so that
the treatment and services you receive may be billed to
and payment may be collected from you, your insurance,
or a third party. We may use and disclose PHI about you
to obtain prior approval or to determine whether your
insurance will cover the service.
For Health Care Operations: We may use or disclose PHI
about you in the course of operating our Center. For example,
we may use PHI to review the quality of our treatment
and services or to evaluate the performance of our staff.
Also, South Shore Mental Health Center maintains accreditation
from Joint Commission on Accreditation of Healthcare Organizations,
which may require review of your PHI to ensure we meet
their standards and requirements.
Appointment Reminders: We may use or disclose PHI to contact
you as a reminder that you have an appointment or for
information about treatment or services.
Exceptions to Consent for Treatment, Payment, or Healthcare
Operations: Although our policy is to seek your consent
for the use/disclosure of your PHI for the activities
described above, the law allows us to use/disclose your
PHI without your consent. For example, we may use or disclose
your PHI for emergency treatment if needed and/or provide
emergency treatment if it is not reasonably possible to
obtain your consent prior.
Uses and Disclosures Requiring Authorization: For uses
and disclosures beyond treatment, payment, or healthcare
operations purposes we are required to have your written
authorization, unless the use or disclosure falls within
one of the exceptions described below. Like consents,
authorizations can be revoked via a written request at
any time to stop future uses/disclosures except to the
extent that we have already undertaken an action in reliance
upon your authorization.
Uses and Disclosures Not Requiring Authorization:
The law provides that we may use/disclose your PHI without
authorization in the following circumstances:
• When Required by Law: PHI may be disclosed
to a public health authority authorized by law to receive
reports for child/elder abuse or neglect; in response
to a court order; or to a medical examiner.
• For Health Oversight Activities: PHI may be disclosed
to a health oversight agency such as the Department of
Mental Health, Retardation, and Hospitals and the Department
of Children, Youth, and Families for activities authorized
by law such as audits, investigations, inspections, and
licensure.
• For Research Purposes: To Avert an Imminent Threat
to Health or Safety: In order to avoid a serious threat
to health and safety, we may disclose PHI as necessary
to law enforcement or other persons who can reasonably
prevent or lessen the serious or imminent threat of harm.
Your Rights Regarding PHI About You
You have the following rights regarding PHI we maintain
about you: Right to Request Restriction of Uses and Disclosures:
You have the right to request a restriction or limitation
on the PHI we use or disclose about you. You may request
restrictions on certain uses and disclosures, including
treatment, payment, or health care operations. The Center
need not agree to the restrictions requested, but will
be bound by any restriction to which we agree.
Right to agree or object:
• Family/Care-giver: Limited PHI may be provided
to a family member or co-habitant caregiver who lives
with and provides direct care to the client, if it appears
that without such direct care there would be significant
deterioration in your daily functioning. In the exercise
of professional judgment, PHI in this circumstance is
limited to information regarding diagnosis, admission
to or discharge from a treatment facility, the name of
medication prescribed, and the side effects of such prescribed
medication.
• Notification: Limited PHI may be disclosed to
a family member, personal representative, or another person
responsible for your care to notify or assist in the notification
your location (if missing) or death.
• Mental Health Advocate: Limited PHI may be disclosed
to the Mental Health Advocate, including the name of the
person in treatment, the date and place where treatment
has begun, and written protests and withdrawals of protest
of involuntary treatment. All other requests for information
from the Mental Health Advocate require an authorized
release of information.
Right to Receive Confidential Communications:
You have the right to request that we communicate with
you in a certain way or at a certain location. For example,
you can ask that we only contact you at work or by mail.
To request confidential communications, you must make
your request in writing to Health Information. We will
not ask you the reason for your request. Your request
must specify how or where you wish to be contacted. We
will accommodate all reasonable requests.
Right to Inspect and Copy:
You have the right to inspect and copy PHI that may be
used to make decisions about your care. Your request must
be submitted to Health Information in writing in the form
of an Authorization for Release of Information. If you
request a copy of the information, we may charge a fee
for costs of copying or mailing associated with your request.
We may deny your request to inspect and copy in certain
very limited circumstances. If you are denied access to
your PHI, you may request that the denial be reviewed.
We will comply with the outcome of the review.
Right to Amend:
You have the right to request an amendment of the PHI
we have about you for as long as the information is kept.
Your request for an amendment must be made in writing
to Health Information. In addition, you must provide a
reason that supports your request.
We may deny your request for an amendment if you ask us
to amend information that
was not created by the Center, if you do not have authorized
access, if it is not part of the information we keep,
or if the clinician/program manager believes the original
information to be accurate and complete at the time it
was written.
Right to an Accounting of Disclosures:
You have the right to receive an accounting of disclosures
of PHI by the Center with certain exceptions. These exceptions
include disclosures made to carry out treatment, payment
or health care operations, as well as disclosures made
pursuant to an authorization of release of information.
Additional exceptions include those disclosures for national
security or intelligence purposes and to a correctional
institution or law enforcement official having lawful
custody of an inmate.
You must submit your request for an accounting of disclosures
in writing to Health Information. Your request must state
a time period that may not be longer than six years and
may not include dates before April 14, 2003. The first
list you request in a twelve month period will be free.
For additional lists, we may charge you for the costs
of providing the list. We will notify you of the cost
involved and you may choose to withdraw or modify your
request at that time before any costs are incurred.
Right to a Paper Copy of this Notice:
You have the right to a paper copy of this notice at any
time.
Changes to the Privacy Notice
We reserve the right to change this notice. We
reserve the right to make the revised or changed notice
effective for PHI we already have about you as well as
any information we receive in the future. Except when
required by law, a material change may not be implemented
prior to the effective date of the notice. We will post
a copy of the notice in all Center locations. The notice
will contain the effective date on the bottom of each
page.
Complaints
If you believe your privacy rights have been
violated, you may file a complaint with South Shore Mental
Health Center or with the Secretary of the Department
of Health and Human Services. To file a complaint with
the Center, contact our Human Rights Officer at the address
and phone number below. All privacy complaints must be
submitted in writing. You will not be penalized for filing
a complaint.
Contact
South Shore Mental Health Center
Human Rights Officer
PO Box 899
Charlestown, RI 02813
(401) 364-7705
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