Notice of Privacy Practices.
THIS NOTICE DESCRIBES HOW MEDICAL, 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.
This Notice is being provided to you as a requirement of two federal laws: the Health Insurance Portability and Accountability Act (HIPAA) 42 U.S.C. §1320d et seq., 45 C.F.R. Parts 160 & 164, and the Confidentiality of Alcohol and Drug Abuse Patient Records, 42 U.S.C. § 290dd-2, 42 CFR Part 2 (“Part 2”).
Under these laws, Olive Branch Recovery LLC (“Olive Branch Recovery”) may not say to a person outside Olive Branch Recovery that you are a patient in the clinic, nor may Olive Branch Recovery disclose any information identifying you as an alcohol or drug abuser, or disclose any other Protected Health Information (“PHI”) except as permitted by federal law. Your PHI means any written and oral health information about you, including demographic data that can be used to identify you. This is health information that is created or received by your healthcare provider, and that relates to your past, present or future physical or mental health or condition.
This Notice describes how Olive Branch Recovery may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your PHI in some cases.
I. Uses and Disclosures
Olive Branch Recovery must obtain your written consent before it can disclose information about you for payment purposes. For example, Olive Branch Recovery 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 Olive Branch Recovery can share information for treatment purposes or for healthcare operations. However, federal law permits Olive Branch Recovery to disclose information without your written permission for the following:
Pursuant to an agreement with a person or agency (i.e. a qualified service organization/business associate) that provides services to Olive Branch Recovery. For example, Olive Branch Recovery can disclose information without your consent to obtain data management or financial services as long as a qualified service organization / business associate agreement is in place.
For research, audit or evaluation.
To report a crime committed on Olive Branch Recovery premises or against Olive Branch Recovery personnel.
To medical personnel in a medical emergency.
To appropriate authorities to report suspected child abuse or neglect.
As allowed by a court order.
Before Olive Branch Recovery can use or disclose any information about your health in a manner which is not described above, it must first obtain your specific written consent allowing it to make the disclosure. You may revoke any such written consent in writing, except to the extent that Olive Branch Recovery has already acted on it.
If you are a minor, Olive Branch Recovery may disclose the fact that you have applied for treatment from Olive Branch Recovery to a parent/guardian/other authorized person if the Olive Branch Recovery provider determines that you lack capacity because of extreme youth or mental or physical condition to make a rational decision whether to consent to disclosure to your parent, guardian or other authorized person and your situation poses a substantial threat to your life or physical well-being or that of any other person that may be reduced by communicating relevant facts to your parent or guardian.
II. Your Rights
You have the following rights regarding your health information:
A. The right to inspect and copy your protected health information.
You may inspect and obtain a copy of your PHI that is contained in a designated record set for as long as Olive Branch Recovery maintains the PHI. A “designated record set” contains medical and billing records and any other records that your physician and the facility uses for making decisions about you. If information in a “designated record set” is maintained electronically, you may request an electronic copy in a form and format of your choice that is readily producible or, if the form/format is not readily producible, you will be given a readable electronic copy.
Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and PHI that is subject to a law that prohibits access to PHI. Depending on the circumstances, you may have the right to have a decision to deny access reviewed.
Olive Branch Recovery may deny your request to inspect or copy your PHI if, in its professional judgment, Olive Branch Recovery determines that the access requested is likely to endanger your life or safety or that of another person, or that it is likely to cause substantial harm to another person referenced within the information. You have the right to request a review of this decision.
To inspect or copy your medical information, you must submit a written request to info@olivebranchrecovery.com. If you request a copy of your information, Olive Branch Recovery may charge you a fee for the costs of copying, mailing or other costs incurred by Olive Branch Recovery in complying with your request.
Please email info@olivebranchrecovery.com if you have questions about access to your medical record.
B. The right to request a restriction on uses and disclosures of your protected health information.
Under HIPAA, you may ask Olive Branch Recovery not to use or disclose certain parts of your PHI for the purposes of treatment, payment or health care operations. Your request must state the specific restriction requested and to whom you want the restriction to apply.
Olive Branch Recovery is not required to agree to a restriction that you may request, and Olive Branch Recovery will notify you if Olive Branch Recovery denies your request to a restriction. If Olive Branch Recovery does agree to the requested restriction, it may not use or disclose your PHI in violation of that restriction unless it is needed to provide emergency treatment. Under certain circumstances, Olive Branch Recovery may terminate its agreement to a restriction. You may request a restriction by contacting us at info@olivebranchrecovery.com.
C. The right to request to receive confidential communications from Olive Branch Recovery by alternative means or at an alternative location.
You have the right to request that Olive Branch Recovery communicate with you in certain ways. Olive Branch Recovery will accommodate reasonable requests. Olive Branch Recovery may condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact. Olive Branch Recovery will not require you to provide an explanation for your request. Requests must be made by email to info@olivebrachrecovery.com.
D. The right to request amendments to your protected health information.
You may request an amendment of PHI about you in a designated record set for as long as Olive Branch Recovery maintains this information. In certain cases, Olive Branch Recovery may deny your request for an amendment. If Olive Branch Recovery denies your request for amendment you have the right to file a statement of disagreement with Olive Branch Recovery and Olive Branch Recovery may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Requests for amendment must be in writing and must be directed to info@olivebrachrecovery.com. In this written request, you must also provide a reason to support the requested amendments.
E. The right to receive an accounting.
You have the right to request an accounting of certain disclosures of your PHI made by Olive Branch Recovery. This right applies to disclosures for purposes other than treatment, payment or health care operations as described in this Privacy Notice. Olive Branch Recovery is also not required to account for disclosures that you requested, disclosures that you agreed to by signing a consent form, or certain other disclosures Olive Branch Recovery is permitted to make without your authorization. The request for an accounting must be made in writing to info@olivebranchrecovery.com. The request should specify the time period sought for the accounting. Accounting requests may not be made for periods of time in excess of six years. Olive Branch Recovery will provide the first accounting you request during any 12-month period without charge. Subsequent accounting requests may be subject to a reasonable cost-based fee.
F. The right to obtain a paper copy of this notice.
Upon request, Olive Branch Recovery will provide a separate paper copy of this notice even if you have already received a copy of the notice or have agreed to accept this notice electronically.
VI. Our Duties
Olive Branch Recovery is required by law to maintain the privacy of your health information and report to you any breach of unsecured PHI. Olive Branch Recovery is also required to provide you with this Notice of Olive Branch Recovery’s duties and privacy practices and shall abide by terms of this Notice as may be amended from time to time. Olive Branch Recovery reserves the right to change the terms of this Notice and to make the new Notice provisions effective for all future PHI that Olive Branch Recovery maintains.
VII. Complaints
You have the right to express complaints to Olive Branch Recovery and to the Secretary of Health and Human Services if you believe that your privacy rights have been violated. You may complain to Olive Branch Recovery by contacting the us at info@olivebrachrecovery.com or verbally at (940)-220-8899.
Olive Branch Recovery encourages you to express any concerns you may have regarding the privacy of your information. You will not be retaliated against in any way for filing a complaint.
Violation of Part 2 by a program such as Olive Branch Recovery is a crime. Suspected violations may be reported to appropriate authorities in accordance with Federal regulations.
VIII. Contact Person
Olive Branch Recovery’s contact person for all issues regarding patient privacy and your rights under the federal privacy standards is the Privacy Officer. Information regarding matters covered by this Notice can be requested by contacting the Privacy Officer.
If you feel that your privacy rights have been violated by Olive Branch Recovery you may submit a complaint to the Privacy Officer by sending it to info@olivebranchrecovery.com ATTN: Privacy Officer.
The Privacy Officer can be contacted by telephone at 940-220-8899.
IX. Effective Date
This Notice is effective March 31, 2020.