NOTICE OF PRIVACY PRACTICES
In 1996 the United States Congress passed the Health Insurance Portability and Accountability Act (HIPAA.) Among others, the Act applies to health care providers and hospitals; it is intended to standardize health care information as well as ensure privacy and security of patient information. As a result of this act, A New Hope Therapy Center would like to advise you of how we will protect the privacy of your medical record.
THIS NOTICE DESCRIBES HOW PROTECTED HEALTH INFORMATION (PHI) ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GAIN ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
WHO WILL FOLLOW THIS NOTICE:
A New Hope Therapy Center collects Protected Health Information (PHI) through interactions with you and your health care providers. Information is obtained through assessments, interviews, billing and other forms. PHI may be obtained in writing, in person, by telephone and electronically. Examples include: the collection of information such as your name, address, telephone number, social security number, date of birth, medical, education, developmental, and psychiatric histories, diagnosis, treatment provider identification and treatment information, financial responsibility and payment information and emergency contact information.
OUR COMMITMENT REGARDING PHI:
We understand that PHI about you and your health is personal. A New Hope Therapy Center is committed to protecting PHI about you. We create a record of the care and services you receive (Client Chart.) We need this record to provide you with complete and comprehensive care and to comply with certain legal requirements. This Notice applies to all of the records your care generates at A New Hope Therapy Center.
This Notice tells you about the ways in which we may use and disclose PHI about you. It also describes your rights and certain obligations we have regarding the use and disclosure of PHI.
We are required by law to:
* ensure that PHI that identifies you is kept private.
* give you this Notice of our legal duties and privacy practices with respect to PHI about you; and
* follow the terms of the Notice currently in effect.
HOW WE MAY USE AND DISCLOSE PHI ABOUT YOU:
The following categories describe different ways the law allows us to use and disclose PHI. Not every use or disclosure in a category will be listed. However, all of the categories in which we are permitted to use and disclose information will fall within one of these categories.
Permitted Use or Disclosure Without Your Authorization:
For Treatment.
We may use Protected Health Information (PHI) about you to provide you with therapy treatment or services.
For Payment.
We may use and disclose PHI about you to your insurance plan or other parties who help pay for your care.
More Restrictive State and Federal Laws.
The State law of New Mexico is sometimes more restrictive than the Health Insurance Portability and Accountability Act (HIPAA). State law is more restrictive when the client may be entitled to greater access to records than under HIPAA and when under state law the records are more protected from disclosure than under HIPAA. Certain federal laws also are more stringent than HIPAA. A New Hope Therapy Center will continue to abide by whichever law is more restrictive. The federal laws include applicable Internet privacy laws, such as the Children’s Online Privacy Protection Act and the federal laws and regulations governing the confidentiality of health information regarding substance abuse treatment. State law covers genetic and HIV testing and disclosure consents for those areas remain in place.
Appointment Reminders.
We may contact you to remind you about your appointment for therapy services.
Business Associates.
There may be some activities provided for our organization through contract with outside businesses. Examples include bookkeeping and collection agencies. Under such contracts, we may disclose your health information to these businesses to perform the job we have asked them to do. These contracts also require business to protect the health information we disclose to them.
Permitted Use or Disclosure With an Opportunity for You to Agree or Object
Individuals Involved In Your Care.
We may disclose PHI about you to a family member or friend whom you have appointed or who qualifies to be your decision maker according to New Mexico law. If you are not present or able to object, then we may use our professional judgment determine whether the disclosure is in your best interest.
Research.
We may use and disclose PHI about you for research purposes. We will only use and disclose your information for a research project if we obtain your permission or if the need to obtain your permission has been waived by a designated review committee that meets Federal requirements.
To Avert A Serious Threat to Health and Safety.
We may use and disclose PHI about you when necessary to prevent a serious threat to your health and safety or the health and safety of others. Disclosure will only be to persons who could help prevent the threat.
Use or Disclosure Permitted by Public Policy or Law Without Your Authorization
Military.
If you are a member of the armed forces, we may disclose PHI about you as required by military command authorities. We may also disclose PHI about foreign military personnel to the appropriate foreign military authority.
Workers Compensation.
We may disclose PHI about you for workers’ compensation or similar program to the extent necessary to comply with laws relating to workers’ compensation or other similar programs established by law. These programs provide benefits for work-related injuries or illness.
Public Health Risks.
As required by law, we may disclose PHI about you for public health activities. For example, we may undertake these activities:
To prevent or control disease, injury or disability;
To report child abuse or neglect
To notify the appropriate government authority if we believe a client has been the victim of abuse, neglect or domestic violence. We will only make this disclosure subject to certain requirements when mandated or authorized by law.
Health Oversight Activities.
We may disclose PHI to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections and licensure surveys. These activities are necessary for the government monitor the health care system, government programs, compliance with civil rights laws, and to improve client care.
Lawsuits and Disputes.
If you are involved in a lawsuit or a dispute, we may disclose PHI about you in response to a court or administrative order. We may also disclose PHI about you in response to a subpoena, discovery request, or other lawful process.
Law Enforcement.
We may disclose PHI if asked to do so by a law enforcement official:
* In response to a court order, subpoena, warrant, summons or similar process;
* To identify or locate a suspect, fugitive, material witness or missing person;
* About the victim of a crime, if under certain limited circumstances, we are unable to obtain the person’s agreement
* About suspected criminal conduct while under our direct care
* In emergency circumstance to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime
National Security.
We may disclose PHI about you to authorized federal officials for purposes of national security.
YOUR RIGHTS REGARDING PHI ABOUT YOU:
You have the following rights regarding PHI we maintain about you:
Right to Access, Inspect and Copy.
* You have the right to inspect and have copied PHI used to make decisions about your care, including clinical and billing records, but does not include some records such as psychotherapy notes.
* To inspect and have copied PHI used to make decisions about you, you must submit your request in writing to A New Hope Therapy Center. There will be a fee associated with the processing of your request.
* If you provide authorization to use or disclose PHI about you, you may revoke that authorization in writing at any time. If you revoke your authorization we will no longer use or disclose PHI about you for the reasons covered by your written authorization. We are unable to take back any disclosure we have already made with your authorization and we are required to retain records of the care that we have provided you.
* Under very limited circumstances, your request may be denied if a copy of the information would risk the health, safety, security, custody or treatment of you or others.
Right to Amend.
* If you feel that PHI we have about you is incorrect or incomplete, you may ask us to amend the information. If we do not agree to your request, we must tell you why. You have the right to request an amendment of your record for as long as the information is kept by or for A New Hope Therapy Center.
* To request an amendment to your record, your request must be made in writing and submitted to A New Hope Therapy Center. In addition, you must provide a reason that supports your request. We may deny your request for an amendment your record if it is not in writing or does not include a reason to support the request. We may deny your request if you request amendment to information that:
* Was not created by us, unless the person or entity that created the information is no longer available to make the amendment
* Is not part of the records used to make decisions about you
* Is not part of the information which you are permitted to inspect and copy; or
* Is accurate and complete
Right to an Accounting of Disclosures.
You have the right to receive a list of the disclosures of you PHI. This list may not include all disclosures made. For example, we are not required to tell you we made disclosures for treatment, payment, or health care operations disclosures made prior to 2003 or disclosures you specifically authorized. To request this list, submit a request in writing to A New Hope Therapy Center.
Right to Request Restriction.
You have the right to request a restriction or limitation on the PHI we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the PHI we disclose about you to someone who is involved in your care or in the payment for your care, like a family member or friend. We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide emergency treatment. To request restrictions, make your request in writing stating: 1. The information you want to limit; 2. Whether you want to limit A New Hope Therapy Center use, disclosure or both and 3. To whom you want the limits to apply.
Right to Request Confidential Communications.
You have the right to request that we communicate with you about clinical matter in a certain way or at certain locations. Make your request in writing to A New Hope Therapy Center. We will accommodate all reasonable requests.
Right to a Paper Copy of the Notice.
You may ask for a paper copy of this Notice at any time. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this notice.
REVISIONS TO THIS NOTICE
A New Hope Therapy Center may revise this Notice periodically to reflect changes in our privacy practices. We reserve the right to make the revised or changed Notice effective for PHI we already have about you as well as for any information we receive in the future. We will post a copy of the current Notice in the locations where you receive services.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a complaint to:
Maria Laquerre-Diego, CEO
A New Hope Therapy Center
715 East Idaho Suite 2B
Las Cruces, New Mexico 88001
Phone (575) 556-9585 Fax (575)-556-9456
Please provide as much information as possible so your complaint may be properly investigated. There can be no penalty for filing a complaint.
RECORDING POLICY
A New Hope Therapy Center is committed to protecting the confidential and proprietary information of their clients and the freedom of its employees to communicate without the fear of being secretly recorded without their consent. Many state laws also prohibit the audio recording of others without the consent of all those participating in the conversation and many clients prohibit smart phones in work areas.
Therefore, in order to maintain confidentiality with all information and records, no person, including but not limited to, A New Hope Therapy Center employees, visitors, clients, contractors, or a representative acting on behalf of A New Hope Therapy Center, should record conversations of another without his or her prior knowledge and consent. Recordings include audio and/or video, by any means including smart phones. The devices used to record via audio or video that are prohibited are inclusive of, but are not limited to, phones, voice recorders of any kind, video cameras of any kind, and microphones.
Any individual requesting to record via audio or video any interaction with any persons associated with A New Hope Therapy Center, will need to inform A New Hope Therapy Center CEO of their intention and obtain authorization. A New Hope Therapy Center CEO reserves the right to refuse such request, in their sole discretion. Furthermore, all A New Hope Therapy Center employees and contractors may refuse to be recorded and at such time may end the conversation if the asking party refuses to speak without a recording device.
A New Hope Therapy Center Staffing and their clients reserve the right to install and use security cameras for the purposes of safety and monitoring worker performance. However, nothing in this policy is intended to prevent A New Hope Therapy Center employees from making recordings for concerted activity purposes or as otherwise protected by law.
A violation of this policy may result in disciplinary action, up to and including immediate termination of services.