This Notice Describes How Medical Information about You May Be Used and Disclosed and How You Can Get Access to This Information.
Please Review It Carefully.
Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act of 1996 mandates that all covered healthcare providers meet compliance by April 14th, 2003. HIPAA laws protect clients’ Personal Health Information (PHI) from being disclosed without consent and electronically on an unsecured site. The difference from 42 CFR Part 2 is that the latter protects substance abuse treatment client rights and, in cases where it is more stringent, overrules HIPAA.
Diamond Recovery has incorporated into the administrative and clinical practices HIPAA policies and procedures that have been extracted from the Privacy Rule and summarized to communicate the key points to staff and persons served.
NOTICE OF PRIVACY AND CONFIDENTIALITY – HIPAA NOTICE
This form will be given to ALL persons coming into Diamond Recovery for an assessment. This notice must be posted in all offices and on Diamondrecoverycenter.com. Beginning April 14th, 2003 every person given an assessment is to receive a Notice of Privacy Practice and Confidentiality (to be reviewed with designated staff) and will sign acknowledging receipt. A copy of this form will remain in the person’s chart and available to them as requested.
The Notice includes individual’s rights (HIPAA regulations 42 U.S.C. § 1320d et seq., 45 C.F.R. Parts 160 & 164, and the Confidentiality Law, 42 U.S.C. § 290dd-2, 42 C.F.R. Part 2) pertaining to his or her PHI and records, and how such rights may be exercised. It covers DTR’s legal duties, describes the types of uses and disclosures that are permitted under this law, and how to file a formal grievance.
AUTHORIZATION TO RELEASE INFORMATION
Diamond Recovery Release of Information form has been revised to allow revocation of the release in writing. Limitations on information desired released may be indicated on the form. Psychotherapy notes are covered under HIPAA, thus are considered DTR property and are not required to be disclosed to the client. All other PHI in the client’s chart is their property and can be requested by and copied for the client.
ACCOUNTING OF DISCLOSURES
HIPAA requires an accounting of disclosures, which is a list of disclosures made without consent or authorization (in order for treatment, payment, or health care operations). All Qualified Service Organization / Business Associate Agreements state that all inadvertent re-disclosures need to be reported to DTR within 24 hours of the incident. If there are cases where information is disclosed without an authorization, a disclosure log needs to be incorporated in the client’s chart.
REQUEST FOR AMENDMENT OF PHI
Clients may update their records by completing the Request for Amending Personal Health Information form.
This Notice Describes How Medical Information about You May Be Used and Disclosed and How You Can Get Access to This Information. Please Review It Carefully.
Health Insurance Portability and Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act of 1996 mandates that all covered healthcare providers meet compliance by April 14th, 2003. HIPAA laws protect clients’ Personal Health Information (PHI) from being disclosed without consent and electronically on an unsecured site. The difference from 42 CFR Part 2 is that the latter protects substance abuse treatment client rights and, in cases where it is more stringent, overrules HIPAA.
Diamond Recovery has incorporated into the administrative and clinical practices HIPAA policies and procedures that have been extracted from the Privacy Rule and summarized to communicate the key points to staff and persons served.
NOTICE OF PRIVACY AND CONFIDENTIALITY – HIPAA NOTICE
This form will be given to ALL persons coming into Diamond Recovery for an assessment. This notice must be posted in all offices and on Diamondrecoverycenter.com. Beginning April 14th, 2003 every person given an assessment is to receive a Notice of Privacy Practice and Confidentiality (to be reviewed with designated staff) and will sign acknowledging receipt. A copy of this form will remain in the person’s chart and available to them as requested.
The Notice includes individual’s rights (HIPAA regulations 42 U.S.C. § 1320d et seq., 45 C.F.R. Parts 160 & 164, and the Confidentiality Law, 42 U.S.C. § 290dd-2, 42 C.F.R. Part 2) pertaining to his or her PHI and records, and how such rights may be exercised. It covers DTR’s legal duties, describes the types of uses and disclosures that are permitted under this law, and how to file a formal grievance.
AUTHORIZATION TO RELEASE INFORMATION
Diamond Recovery Release of Information form has been revised to allow revocation of the release in writing. Limitations on information desired released may be indicated on the form. Psychotherapy notes are covered under HIPAA, thus are considered DTR property and are not required to be disclosed to the client. All other PHI in the client’s chart is their property and can be requested by and copied for the client.
ACCOUNTING OF DISCLOSURES
HIPAA requires an accounting of disclosures, which is a list of disclosures made without consent or authorization (in order for treatment, payment, or health care operations). All Qualified Service Organization / Business Associate Agreements state that all inadvertent re-disclosures need to be reported to DTR within 24 hours of the incident. If there are cases where information is disclosed without an authorization, a disclosure log needs to be incorporated in the client’s chart.
REQUEST FOR AMENDMENT OF PHI
Clients may update their records by completing the Request for Amending Personal Health Information form.
