Confidentiality, HIPPA and Privacy Practices

The Notice of Privacy Practices is the official description of:

a) How ClearPath Health uses Protected Health Information (PHI);

b) When ClearPath Health may disclose PHI;

c) The rights of the client/client with respect to PHI; and

d) ClearPath Health’s legal duties with regard to PHI.

The Notice of Privacy Practices will reflect the requirements contained in the HIPAA Omnibus Final Rule, as well as other state and federal laws that impact ClearPath Health’s privacy practices.

The confidentiality of mental health, alcohol and drug abuse client records maintained by this program is protected by federal laws and regulations as well as Florida Statue. Generally, the program and client may not say to a person outside the program that a client attends the program nor disclose any information identifying a client as a mental health, alcohol or drug user and/or identifying a client's health status unless:

• A client consents in writing.

• The disclosure is allowed by a court order.

• The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.

• Treatment, payment and health care operations

ClearPath Health uses and discloses client’s protected health information for treatment, payment, and health care operations. Some examples of when our office may use or disclose client’s health care information for these purposes include:

• Sharing test results with other health care providers for confirmation of a diagnosis.

• Providing client’s diagnosis or other information about client’s health to their insurance provider or our billing service to obtain payment for the health care services we provide.

• Reviewing information as part of our quality improvement program.

ClearPath may also use or disclose client’s protected health information, in compliance with guidelines outlined by law, for the following purposes:

• Providing clients with information related to their health.

• Contacting clients regarding appointments, information about treatment alternatives, or other health related services.

• Incidental uses or disclosures (e.g., listing client’s name on a sign-in sheet, etc.).

• Compliance with all laws (including reports of suspected abuse, neglect or violence)

• Providing certain specified information to law enforcement or correctional institutions if needed

• Providing information to a coroner, medical examiner, funeral director or organ procurement organization if needed

• Public health activities when requested by a public health authority or the FDA.

• Responding to health oversight agencies.

• Responding to court or administrative tribunal orders, subpoenas, discovery requests or other lawful process

• Research activities

• When necessary to avert a serious threat to health, safety, or when client is a danger to themselves or others.

• National Security related activities

• Providing information to public or private disaster relief agencies; or Information to a family member, other relative, or close friend when: notification of client’s location, general condition or death; to assist in client’s health care (e.g., pick-up prescriptions or other documents, note follow-up care instructions, etc.)

ClearPath will make other uses and disclosure of client’s protected health information only after obtaining their written authorization. If client authorizes a use not contained in this notice, they may revoke their authorization at any time, by notifying us in writing that they wish to revoke that authorization.

Client rights regarding the privacy of health information:

Subject to limitations outlined by law, clients have certain rights related to use and disclosure of their protected health information, including the right to:

• Request restrictions on certain uses and disclosures. However, ClearPath Health is not obligated to agree to requested restrictions.

• Receive confidential communications or protected health information.

• Inspect and copy their protected health information with some limited exceptions.

• Amend their health information.

• Receive an accounting of disclosures of their health information.

• Obtain a copy of this notice.

ClearPath’s duties regarding the privacy of client’s health information:

Subject to limitations outlined by law, ClearPath Health has certain duties related to clients protected health information, including:

ClearPath Health is required by law to maintain the privacy of protected health information and to provide individuals with notice of our legal duties and privacy practices with respect to protected health information.

ClearPath Health is required to abide by the terms of the privacy notice that is currently in effect.

ClearPath Health reserves the right to change a privacy practice described in this notice and to make such change effective for all protected health information. A Revised notice will be posted in our office and available upon request.

Client’s can request a paper copy of the Notice of Privacy Practices during admission.

Concerns:

If a client believes their privacy rights have been violated, they may make a complaint by first contacting the Program Director, filing a grievance or contacting the Secretary for the Department of Health and Human Services

No individual will be retaliated against for filing a complaint.