Notice of Information Practices and Privacy Statement
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. This Notice Of Privacy Practices is provided to you under the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA) and applies to all records received and created about your physical and mental condition and treatment, and about billing and payment for such treatment, that may be maintained, used, and/or disclosed by Dream Recovery and all Dream Recovery workforce members, volunteers, medical staff, and contractors. Let’s discuss Organized Health Care Arrangements.
Effective DateThis Notice is effective as of Feb. 1 2019. Dream Recovery reserves the right to revise this Notice. If revisions are material, we will promptly revise and distribute a revised Notice by mail, e-mail (if you have agreed to electronic notice), hand delivery, or by posting on our website, as required by law. A copy of the current Notice will be made available to you when you initially register with Dream Recovery for treatment or services, upon your request, and on subsequent visits if the Notice has been revised. In addition, the Notice will be posted at the registration desk.
Dream Recovery’s Commitment to PrivacyThe privacy protections described in this Notice reflect Dream Recovery’s commitment to protecting your privacy and to complying with HIPAA and related federal and state privacy and security laws (collectively hereafter ‘Privacy Laws’), which require Dream Recovery to maintain the privacy and security of your PHI; to provide you with this Notice; to notify you of any unauthorized disclosure, use or other breach of unsecured PHI; and to abide by the terms of this Notice.
Permitted Uses and DisclosuresThe following describes and provides examples of how Dream Recovery may use and disclose your PHI without your authorization. Any use or disclosure that does not fall within one of the following categories requires your written authorization, and your authorization may be revoked by you at any time. State and/or federal laws may also place restrictions on the manner in which specific types of PHI may be used and/or to whom such medical information may be disclosed, such as certain drug and alcohol information, HIV information, alcohol and substance abuse treatment, mental health treatment, and genetic information. In those instances where the use and/or disclosure of this PHI is specifically restricted, we will seek appropriate authorization from you, your legal representative or a valid court order before using or disclosing this information, unless required in a medical emergency or, in the case of drug or alcohol abuse programs, the disclosure is authorized by applicable state and federal laws and regulations governing drug or alcohol abuse. If a use or disclosure of health information described in this Notice is prohibited or materially limited by state law, it is our intent to meet the requirements of the more stringent law. Treatment. Dream Recovery may receive PHI from and share PHI with health care providers involved in your treatment before, during, and after your stay with Dream Recovery. For example, Dream Recovery may provide physicians and therapists access to your medical records in connection with providing you with care. In the event of your incapacity or an emergency, Dream Recovery may also disclose your medical information based on our professional judgment of whether the disclosure would be in your best interests. Payment. Dream Recovery will use your PHI for purposes of obtaining payment for your care. For example, Dream Recovery will provide information about the services that will be or were provided to you so that your insurance company or health plan may pay us or reimburse you. Dream Recovery may also provide information regarding sources of payment to practitioners outside of Dream Recovery who are involved in your care to enable them to obtain payment. Health Care Operations. Dream Recovery may use or disclose PHI in connection with managing and operating the organization. For example, Dream Recovery may use and/or share your PHI in connection with providing you with appointment reminders; evaluating Dream Recovery’s performance and the quality of care provided; averting a serious threat to health or safety; legal services and audit functions, including fraud and abuse detection, compliance programs, and due diligence activities; licensing and accreditation; business planning and development; in determining what additional services we should offer, what services are no longer needed, and whether certain new treatments are effective; and in certain circumstances where you have not otherwise objected, in making reports to public or private entities authorized by law or charter to assist in disaster relief efforts (such as the Red Cross) to notify a family member or personal representative of your location or general condition. We may also disclose your health information to business associates with whom we contract to provide services where such business associates agree to appropriately safeguard your PHI.
Required and Other Permitted Uses and DisclosuresDream Recovery may make certain disclosures of your PHI as and when required or otherwise authorized by law, and will limit the use or disclosure to the amount of PHI necessary to comply with and/or serve the purposes of the relevant federal, state, or local laws or ordinances, or the legitimate needs of responsible, authorized agencies in fulfilling their purposes, including, for example:
- to the United States Department of Health and Human Services as part of an investigation or determination of compliance with relevant laws
- to a state agency for activities such as audits and inspections
- to law enforcement as part of an investigation or to a government authority authorized by law to receive reports of abuse, neglect, or domestic violence
- to a court or administrative law judge or other tribunal for judicial or administrative proceedings and/or as required by court or administrative orders, subpoenas, and/or other lawful process unless the state has more restrictive laws
- to a public health authority which is permitted by law to collect or receive such information for the purpose of preventing or controlling disease, injury, vital events such as death, child abuse or neglect; of conducting public health surveillance, investigation and/or intervention; and reporting adverse reactions to medications or problems with regulated products
- to a health oversight agency for oversight activities authorized by law, such as audits, investigations, and inspections
- to a law enforcement official for a law enforcement/emergency purpose as required by law, in compliance with a court order from a court of competent jurisdiction granted after application showing good cause for the issuance of the order, or to investigate a crime occurring on our premises
- to coroners, medical examiners or funeral directors consistent with applicable law to carry out their duties
- to organ or tissue procurement organizations to facilitate the donation of organs, eyes or tissues after your death; and for specialized governmental functions, such as national security, intelligence activities, and for the provision of protective services to the President to the extent required by Federal and State laws
- to you or your legal representative. Some state laws concerning minors permit or require disclosure of PHI to parents, guardians, and persons acting in a similar legal status. Dream Recovery will act consistently with the law of the state where the treatment is provided and will make disclosures in accordance with such laws
Uses and Disclosures to Which You May Agree or ObjectDream Recovery will inform you in advance of certain uses and disclosures and if you agree or express no objection, may disclose your PHI, for example:
- relevant PHI may be disclosed to a family member, friend or any other person you identify for that person to be involved in or support your health care or payment related to your health care or to notify a family member, your personal representative, or other person responsible for your care of your location, general condition, or death unless doing so is inconsistent with any prior expressed preference you make to us
- Dream Recovery may send PHI via email, text message or through a reasonably requested method or medium to you, other persons you designate, and to those involved in the delivery of your health care. You should know that if PHI is transmitted outside of Dream Recovery by e-mail or text message, there is some level of risk that the information in the email/text could be read by a third party