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THIS NOTICE
DESCRIBES HOW MEDICAL AND DRUG AND ALCOHOL RELATED INFORMATION ABOUT YOU
MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
General
Information
Information regarding your health care, including payment for health care,
is protected by two federal laws: the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d et seq., 45 C.R.F.
Parts 160 and 164, and the Confidentiality Law, 42 U.S.C. 290dd-2. Under
these laws, Gaudenzia may not say to a person outside Gaudenzia that you
are attending the program, nor may Gaudenzia disclose any information
identifying you as an alcohol or drug abuser, or disclose any other protected
information except as permitted by federal law.
I further understand that the information specified will be disclosed
pursuant to this authorization, and that the recipient of the information
may disclose the information and it may no longer be protected by the
HIPAA privacy law.
Gaudenzia
must obtain your written consent before it can disclose information about
your payment purposes. For example, Gaudenzia must obtain your written
consent before it can disclose information to your health insurer in order
to be paid for services. Generally, you must also sign a written consent
before Gaudenzia can share information for treatment purposes or for health
care operations. However, federal law permits Gaudenzia to disclose information
without your written permission:
1. Pursuant to an agreement with a qualified service organization/business
associate;
2. For research or evaluation;
3. To report a crime committed on Gaudenzia premises or against Gaudenzia
personnel;
4. To medical personnel in a medical emergency;
5. To appropriate authorities to report suspected child abuse or neglect;
6. As allowed by court order.
For example, Gaudenzia can disclose information without your consent to
obtain legal or financial services, or to another medical facility to
provide health care for you, as long as there is a qualified service organization/business
associate agreement in place.
Before Gaudenzia can use or disclose any information about your health
in a manner that is not described above, it must first obtain your specific
written consent allowing it to make the disclosure. You may revoke any
such consent in writing.
Your
Rights
Under HIPAA, you have the right to request restriction on certain uses
and disclosure of your health information. Gaudenzia is not required to
agree to any restrictions you may request; however, if it does not agree,
then it is bound by that agreement and may not use or disclose any information
which you have restricted except, as necessary in a medical emergency.
You have the right to request that we communicate with you by alternative
means or an alternative location. Gaudenzia will accommodate such requests
that are reasonable and will not request an explanation from you. Under
HIPAA, you also have the right to inspect and copy your own health information
maintained by Gaudenzia, except to the extent that the information contains
psychotherapy notes or information compiled for use in a civil or administrative
proceeding, or in other limited circumstances.
Under HIPAA, you also have the right, with some exceptions, to amend health
care information maintained in Gaudenzia records, and to request and receive
an accounting of disclosures of your health related information made by
Gaudenzia during the six years prior to your request. You also have the
right to receive a paper copy of this notice.
Gaudenzia
Duties
Gaudenzia is required by law to maintain the privacy of your health information
and to provide you with notice of its legal duties and privacy practices
with respect to your health information. Gaudenzia is required to abide
by the terms of this notice. Gaudenzia’s reserves the right to change
the terms of this notice and to make new notice provisions effective for
all protected health information it maintains. Gaudenzia will mail notice
of these changes to all covered individuals at the last known address
known to Gaudenzia.
Complaints and Reporting Violations
You may file a complaint with Gaudenzia and the Secretary of the United
States Department of Health and Human Services if you believe that your
privacy rights have been violated under HIPAA. Complaints made to Gaudenzia
shall be in writing to the program director. You will not be retaliated
against for filing such a complaint.
Violation(s) of the Confidentiality Law by a program is a crime. Suspected
violations of the Confidentiality Law may be reported to the United States
Attorney in the district where the violation occurs.
Contact:
For further information, contact Gaudenzia Privacy officer at 610-239-9600,
Ext 231
Effective Date
This notice is effective April 14, 2003.
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