NOTICE OF PRIVACY PRACTICES
THIS NOTICE RELATES TO YOUR PRIVACY AND CONFIDENTIALITY RIGHTS UNDER FEDERAL AND STATE LAW. PLEASE REVIEW IT CAREFULLY BEFORE SIGNING BELOW.
Rise Up Recovery strictly adheres to all federal and state confidentiality protections including, but not limited to, those set forth in Title 42 C.F.R. Part 2, the Health Insurance Portability and Accountability Act (“HIPAA”), and all related Minnesota statutes.
Confidentiality under Title 42 C.F.R. Part 2. Rise Up Recovery is governed by the federal laws and regulations contained in Title 42 C.F.R. Part 2. In general, Rise Up Recovery may not use or disclose any personal information (whether recorded or not) regarding a prospective, current and/or former Rise Up Recovery client. Such information includes, but is not limited to, the identity, diagnosis, prognosis, treatment or referral of any prospective, current and/or former Rise Up Recovery client, unless the client has consented in writing (on a form that meets the requirements established by the regulations), or an exception, specified in the regulations, applies. In addition, Rise Up Recovery may not acknowledge that any client attends this treatment program to any individual or entity outside of Rise Up Recovery, nor may Rise Up Recovery disclose any information which may identify a client as an alcohol or drug abuser, including any inference to the client’s identity (“Patient Identifying Information” or “PII”), unless an exception applies (specified in the regulations). Any disclosure, permitted under Title 42 C.F.R. Part 2, must then be limited to that which is necessary to carry out the purpose of the disclosure or permitted exception.
Confidentiality under HIPAA. HIPAA also provides protection of your personal health information (“ Protected Health Information” or “PHI”) whether or not you are applying for or receiving services for drug or alcohol abuse. HIPAA remains applicable to Rise Up Recovery, and particularly as it relates to the operations of Rise Up Recovery and safeguards which are implemented to limit any risk of unauthorized disclosure.
Our Pledge to Protect Your Privacy and Confidentiality:
The security of your identity, status of enrollment, and any personal information about you is of great importance to Rise Up Recovery. Rise Up Recovery will strictly comply with federal and state laws including, but not limited to, the following:
- We will not use or disclose your PII or PHI for any reason without your written authorization, unless an exception described in this Notice applies.
- We will protect any and all records that have been generated within Rise Up Recovery, or received by outside sources, related to your identity, diagnosis, prognosis, treatment, referral, payment history, or any other PII or PHI.
- We will notify you about how we protect any and all information related to you.
- We will explain how, when and why we use or disclose your PII or PHI.
- All exceptions to the restriction on disclosure are provided below, for your information.
- We will only use or disclose your protected health information as we have described in this Notice.
- We will abide by the terms of this Notice.
- We will notify you if a discrepancy arises between you and Rise Up Recovery related to how your information is used or disclosed.
- We will notify you of any breach or unauthorized disclosure of any and all information about you.
- We will accommodate reasonable requests that you may have related to the method of communication used for authorized disclosures.
- We will allow you access to your records.
Modification of any terms of this Notice may be made only as permitted by law. Any updated provisions will be posted in a prominent location within your facility.
SUMMARY OF YOUR CONFIDENTIALITY PROTECTIONS:
- In general, all Rise Up Recovery staff are forbidden from disclosing your identity, presence in the facility, and/or your personal health or treatment information, including associated records, unless you have provided written authorization.
- There are a limited number of circumstances under which Rise Up Recovery staff may acknowledge that a client is enrolled in a Rise Up Recovery program, or make any disclosure of information identifying a client as an alcohol or drug abuser to an individual or entity not within the program. Those circumstances include the following:
- Pursuant to your written consent;
- Pursuant to a proper court order;
- Disclosure made to medical personnel in a medical emergency, or to qualified personnel for certain research, audit, or program evaluation;
- Any communication between personnel of Rise Up Recovery having a need for the information (related to program operations); or
- Certain situations involving the Veterans Administration and Armed Forces. Please refer to 42 C.F.R. Part 2 Sec 2.12(c) for further understanding.
- Any violation of Title 42 C.F.R. Part 2 by Rise Up Recovery is a crime, and suspected violations may be reported to appropriate authorities in accordance with Title 42 C.F.R. Part 2.
- These restrictions do not protect the disclosure of information if it is related to a crime committed by a client either at Rise Up Recovery or against any person who works at Rise Up Recovery, or about any threat to commit such a crime.
- These restrictions do not protect the disclosure/reporting of information to appropriate state or local authorities related to suspected child abuse or neglect under state law.
- Any further information can be found within the provisions of Title 42 C.F.R. Part 2.
USE/DISCLOSURE OF YOUR INFORMATION WITHOUT YOUR AUTHORIZATION
In general, we must first obtain your written consent/authorization to disclose information about you to persons or entities outside of Rise Up Recovery. However, in a limited number of circumstances, we will be permitted by law to disclose your PII or PHI without first obtaining your written authorization. Those circumstances are as follows:
- Communication between Rise Up Recovery Staff. Communication between staff of Rise Up Recovery is permitted without your consent when such communication relates to your treatment at Rise Up Recovery. This pertains to any department in any location of Rise Up Recovery as long as the communication relates to your treatment and continued care.
- Photographs/Recordings. Photographs for identification, or recordings by video or audio technology to assist, either, your therapy/treatment, or staff member supervision, and used only within Rise Up Recovery, is considered communication between staff, and is allowed without your written consent. However, if any actions made by you are intended to be captured by photograph, recorded by camera or any other technology, and used for any purpose other than the internal operations of Rise Up Recovery, you must be informed and given the right to refuse prior to the capture of any such photo, recording, etc. Your written authorization is required for use or disclosure of any such photograph, recording, etc., that is intended to be used for purposes other than the internal operations of Rise Up Recovery.
- Mandatory Reporting of Maltreatment of a Minor. Any staff member of Rise Up Recovery who knows, or has reason to believe, that any child has been maltreated, may report such matter, with or without your written consent. This applies to any known or suspected prenatal exposure to controlled substances. Please note: most staff members of Rise Up Recovery are required by law to report any suspected child abuse.
- Qualified Service Organizations. Rise Up Recovery may exchange information related to your PII or PHI with a Qualified Service Organization acting in accordance with its services to Rise Up Recovery. Qualified Service Organizations must first enter into a contract with Rise Up Recovery requiring their compliance with all federal and state laws related to confidentiality. Information exchanged between Rise Up Recovery and a Qualified Service Organization is limited to that which is necessary to provide such services. Examples of a Qualified Service Organization are: on-sight health care providers, or laboratory screening (drug testing) providers.
- Healthcare Data. Rise Up Recovery may disclose your PII or PHI to qualified agency personnel for certain research, audit, or program evaluation. Such information or data is strictly limited to the agency’s approved objectives. Examples would include collecting enrollment data to gauge increases or decreases in service needs, or auditing aspects of Rise Up Recovery so the agency can accurately monitor the healthcare system.
- Incompetent and Deceased Patients. In the event an individual is determined to be incompetent or dies, we may obtain authorization of a personal representative, guardian or other person authorized by applicable state law in accordance with 42 C.F.R. Part 2. We may disclose protected health information to a coroner, medical examiner or other authorized person under laws requiring the collection of death or other vital statistics, or which permit inquiry into the cause of death.
- Judicial and Administrative Proceedings. We may disclose your PII or PHI in response to a court order that meets the requirements of Title 42 C.F.R. Part 2, concerning Confidentiality of Alcohol and Drug Abuse Patient Records.
- Law Enforcement Purposes. We may disclose your PII or PHI to the police or other law enforcement officials if you commit a crime on the premises or against Rise Up Recovery personnel, or threaten to commit such a crime.
- Medical Emergencies. We may disclose your protected health information to medical personnel to the extent necessary to meet a bona fide medical emergency (as defined by 42 C.F.R. Part 2).
- Minors. We may disclose to a parent or guardian or other person authorized under state law to act on behalf of a minor, those facts about a minor which are relevant to reducing a threat to the life or physical well-being of the minor or any other individual, if Rise Up Recovery determines that the minor applicant lacks capacity to make a rational decision and the minor’s situation poses a substantial threat to the life or physical well-being of the minor or any other individual which may be reduced by communicating relevant facts to such person.
- Public Health. We may report to public health authorities the exposure, or risk of exposure, to certain communicable diseases or risks of contracting or spreading a disease or condition.
- Required by Law. We may disclose your protected health information when such disclosure is required or permitted by federal, state or local laws.
YOUR INDIVIDUAL RIGHTS
- Right to Revoke Your Authorization.
If you give us a written authorization to disclose information, you may revoke it at any time, whether in writing or orally (in person). If you revoke your permission, we will stop using or disclosing your protected health information in accordance with that revocation, except to the extent that we have already relied on it.
Free from Retaliation.
In addition to your rights to privacy and confidentiality, Rise Up Recovery will honor and support your right to make a complaint or file a grievance internally, or make a complaint to a state or federal agency. All Rise Up Recovery clients should feel uninhibited from making such a claim, and will be free from interference, coercion, discrimination, retaliation or reprisal, including any threat of discharge.
Right to Access and Copy Your Protected Health Information.
You have the right to access and receive a copy or a summary of your records at Rise Up Recovery. We ask that your request be made in writing. We may charge a reasonable fee. There might be limited situations in which we may deny your request. Under these situations, we will respond to you in writing, stating why we cannot grant your request and describing your rights to request a review of our denial.
Right to Request an Amendment of Your Protected Health Information.
You have the right to request amendments to the PII or PHI about you that we maintain and use to make decisions about you. We ask that your request be made in writing and must explain, in as much detail as possible, your reason(s) for the amendment and, when appropriate, provide supporting documentation. Under limited circumstances we may deny your request. If we deny your request, we will respond to you in writing stating the reasons for the denial. You may file a statement of disagreement with us. You may also ask that any future disclosures of the PII or PHI under dispute include your requested amendment and our denial to your request.
Right to Request Restrictions on Uses and Disclosures of Your Protected Health Information.
You have the right to request that we restrict our use or disclosure of your protected health information. We ask that your request be made in writing. The request will be upheld, subject to the exceptions listed above.
Right to Request an Accounting of Disclosures of Protected Health Information.You have the right to request a listing of certain disclosures we have made of your protected health information. We ask that your request be made in writing. You may ask for disclosures made up to six (6) years before the date of your request. We will provide you one accounting in any 12-month period free of charge.
Right to Receive a Copy of This Notice.You have the right to request and receive a paper copy of this Notice at any time. We will make this Notice available in electronic form and post it in our web site.
Right to Notice of Breach.You have the right to immediate notice of a “Breach” involving any PII or PHI, as specifically defined under the federal law commonly known as the HITECH Act. Not all unauthorized uses or disclosure of your protected health information will be considered a Breach under the law. This notice will be sent as required under the law. If you authorize us to communicate with you by e-mail we may e-mail you notice of any Breach. In most other cases we will contact you by phone and send you the required notice in by mail.
Right to Electronic Copy of Electronic Health Record.You have the right to ask for an accounting of disclosures of your PII or PHI from an electronic health record. You may request an accounting for a period of three (3) years prior to the date the accounting is requested. You also have the right to ask our Qualified Service Organizations for an accounting of their disclosures. In addition, you have the right to request an electronic copy of that which is maintained in our electronic health record.
CONTACT INFORMATION FOR MEDICAL INQUIRIES AND COMPLAINTS:
Questions or concerns regarding medical care may be made to any Rise Up Recovery nurse. Contact information will be made available upon request.
You may also contact the Minnesota Board of Medical Practice:
Address:
Minnesota Board of Medical Practices
2829 University Ave SE, Suite 500
Minneapolis, MN 55414
Phone:
(612) 617-2130
If you wish to file a complaint regarding any perceived violation of your rights, you may contact the Compliance Manager of Rise Up Recovery (provided below), or the Minnesota Office of Health Facility Complaints:
Address:
Health Regulation Division
Golden Rule
Building 85 East 7th Place
St Paul, MN 55101
Phone:
(651) 201-4200
If you have any questions or concerns regarding your rights and/or the privacy practices set forth above, you may contact the Compliance Manager of Rise Up Recovery. We will provide any additional contact information upon request.
COMPLIANCE MANAGER CONTACT INFORMATION:
Kevin Joyce 847-363-1712
kevinjjoyce6@gmail.com
EFFECTIVE DATE OF THIS NOTICE
This notice went into effect date document is signed.
Acknowledgment of Receipt of Privacy Notice
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you have certain rights regarding the use and disclosure of your protected health information. By checking the box below, you are acknowledging that you have received a copy of HIPAA Notice of Privacy Practices.