Notice of Privacy Practices (NPP) and Information Regarding Confidentiality of Information

Get an electronic or paper copy of your medical record

• You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
• We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

• You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
• We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

• You can ask us to contact you in a specific way (for example, home, office, or cell phone) or to send mail to a different address.
• We will say “yes” to all reasonable requests.

Ask us to limit what we use or share

• You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care. You have this same right with respect to your substance use disorder records protected by 42 C.F.R. part 2 (“Part 2”).
• If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.

Get a list of those with whom we’ve shared information

• You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
• We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). For substance use disorder records protected by 42 C.F.R. part 2, the accounting will also include disclosures made for treatment, payment, and health care operations pursuant to your written consent, for the three years prior to the date of your request. 42 C.F.R. § 2.25. We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

• You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you

• If someone has authority to act as your personal representative, such as if someone has your medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
• We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated

• You can complain if you feel we have violated your rights by contacting our Privacy Representative at (559) 464-6239 or contact@touchstonerecoverycenter.com. You may also contact that person with any question about this notice.
• You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/hipaa/filing-a-complaint/index.html.
• We will not retaliate against you for filing a complaint.

In these cases, you have both the right and choice to tell us to:

• Share information with your family, close friends, or others involved in your care or payment for your care
• Share information in a disaster relief situation

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

To the extent records or information is subject to Part 2, we cannot share them with your family, close friends, or anyone else involved in your care without your written consent, and in an emergency we may share them only with medical personnel to the extent necessary to meet a bona fide medical emergency.

In these cases we never share your information unless you give us written permission:

• Marketing purposes
• Sale of your information
• Most sharing of psychotherapy notes, and any sharing of substance use disorder counseling notes

In the case of fundraising:

• We may contact you for fundraising efforts, but you can tell us not to contact you again.
• To the extent that we have your substance use disorder patient records, and to the extent those records are subject to 42 CFR part 2, we will give you clear and obvious notice in advance and a choice about whether to receive fundraising communications that use your Part 2 information.

Treat you

• We can use your health information and share it with other professionals who are treating you. If that information consists of substance use disorder records protected by 42 C.F.R. part 2, we will do so only as permitted by your written consent or as otherwise allowed by Part 2, such as a medical emergency under 42 C.F.R. § 2.51.

Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Run our organization

• We can use and share your health information to run our facility, improve your care, and contact you when necessary, as necessary and appropriate under these terms. If that information consists of substance use disorder records protected by 42 C.F.R. part 2, we will do so only as permitted by your written consent or as otherwise allowed by Part 2.

Example: We use health information about you to manage your treatment and services.

Bill for your services

• We can use and share your health information to bill and get payment from health plans or other entities. If that information consists of substance use disorder records protected by 42 C.F.R. part 2, we will do so only as permitted by your written consent or as otherwise allowed by Part 2.

Example: We give information about you to your health insurance plan so it will pay for your services.

Help with public health and safety issues

We can share health information about you for certain situations such as:

• Preventing disease
• Helping with product recalls
• Reporting adverse reactions to medications
• Reporting suspected abuse, neglect, or domestic violence — for substance use disorder records protected by 42 C.F.R. part 2, this is limited to reports of suspected child abuse and neglect under 42 C.F.R. § 2.12(c)(6); reports of elder abuse or domestic violence from those records require your consent or a court order.
• Preventing or reducing a serious threat to anyone’s health or safety

Do research

• We can use or share your information for health research. Disclosure of substance use disorder records for research is subject to the additional conditions in 42 C.F.R. § 2.52.

Comply with the law

• We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law. A general state or federal reporting law does not by itself authorize disclosure of substance use disorder records protected by 42 C.F.R. part 2; those disclosures also require your written consent, a qualifying court order, or a specific Part 2 exception.

Respond to organ and tissue donation requests

• We can share health information about you with organ procurement organizations. Part 2 contains no exception for these disclosures, so we will not disclose substance use disorder records to an organ procurement organization without your written consent or a court order.

Work with a medical examiner or funeral director

• We can share health information with a coroner, medical examiner, or funeral director when an individual dies. Disclosure of substance use disorder records regarding a deceased patient is governed by 42 C.F.R. § 2.15(b) and is more limited.

Address workers’ compensation, law enforcement, and other government requests

We can use or share health information about you for the purposes below. We will not disclose substance use disorder records protected by 42 C.F.R. part 2 for any of these purposes without your written consent or a qualifying court order; Part 2 permits reporting to law enforcement only in connection with a crime on our premises or against our personnel, 42 C.F.R. § 2.12(c)(5). Subject to that limitation, we can use or share health information about you:

• For workers’ compensation claims
• For law enforcement purposes or with a law enforcement official
• With health oversight agencies for activities authorized by law
• For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

• We can share health information about you in response to a court or administrative order, or in response to a subpoena. A subpoena alone is never sufficient to obtain substance use disorder records protected by 42 C.F.R. part 2. Those records may be disclosed in litigation only with your written consent or under a court order that meets the requirements of 42 C.F.R. §§ 2.61–2.67.