Participant Notice and Rights "HIPAA" & 45 CFR Pts. 160-164
Participant Notice

THIS NOTICE DESCRIBES HOW MEDICAL AND 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.

General Information

Information regarding your health care, including payment for health care, is protected by two federal laws: the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 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. Under these laws, Mid Valley Recovery Services may not say to a person outside Mid Valley Recovery Services that you attend the program, nor may Mid Valley Recovery Services disclose any information identifying you as an alcohol or drug abuser, or disclose any other protected information except as permitted by federal law.

Mid Valley Recovery Services must obtain your written consent before it can disclose information about you for payment purposes. For example, Mid Valley Recovery Services 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 Mid Valley Recovery Services can share information for treatment purposes or for health care operations. However, federal law permits Mid Valley Recovery Services to disclose information without your written permission:

  1. Pursuant to an agreement with a qualified service organization/ business associate;
  2. For research, audit or evaluations;
  3. To report a crime committed on Mid Valley Recovery Servicesf premises or against Mid Valley Recovery Services personnel;
  4. To medical personnel in a medical emergency;
  5. To appropriate authorities to report suspected child abuse or neglect;
  6. As allowed by a court order.

For example, Mid Valley Recovery Services can disclose information without your consent to obtain legal or financial services, or to another medical facility to provide health care to you, as long as there is a qualified service organization / business associate agreement in place.

Before Mid Valley Recovery Services 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. Any such written consent may be revoked by you in writing.

Your Rights

Under HIPAA you have the right to request restrictions on certain uses and disclosures of your health information. Mid Valley Recovery Services is not required to agree to any restrictions you request, but if it does agree then it is bound by that agreement and may not use or disclose any information which you have restricted except as necessary in a medical emergency.

You have the right to request that we communicate with you by alternative means or at an alternative location. Mid Valley Recovery Services will accommodate such requests that are reasonable and will not request an explanation from you. Under HIPAA you also have the right to inspect and copy your own health information maintained by Mid Valley Recovery Services except to the extent that the information contains psychotherapy notes or information compiled for use in a civil, criminal or administrative proceeding or in other limited circumstances.

Under HIPAA you also have the right, with some exceptions, to amend health care information maintained in Mid Valley Recovery Services' records, and to request and receive an accounting of disclosures of your health related information made by Mid Valley Recovery Services during the six years prior to your request. You also have the right to receive a paper copy of this notice.

Mid Valley Recovery Services' Duties

Mid Valley Recovery Services is required by law to maintain the privacy of your health information and to provide you with notice of its legal duties and privacy practices with respect to your health information. Mid Valley Recovery Services is required by law to abide by the terms of this notice. Mid Valley Recovery Services reserves the right to change the terms of this notice and to make new notice provisions effective for all protected health information it maintains. In the event that changes occur, revised notices will be provided by the Program Director to all currently enrolled participants and shall be considered effective only for all currently enrolled participants, exempting participants who have been discharged from new and/or revised provisions.

Complaints and Reporting Violations

You may complain to Mid Valley Recovery Services and the Secretary of the United States Department of Health and Human Services if you believe that your privacy rights have been violated under HIPAA. Complaints must be filed within one hundred eighty (180) days of the date the individual knows or should have known that the wrongdoing occurred (which time period may be waived for good cause shown). A complaint form may be requested from the Program Director, from the Privacy Officer, or from your Primary Counselor. You will not be retaliated against for filing such a complaint.

Violation of the Confidentiality Law by a program is a crime. Suspected violations of the Confidentiality Law may be reported to the United States Attorney in the district where the violation occurs.

Contact

For further information, contact the Executive Director at 626 453-3417.

Effective Date

This notice is in effect as of January 1, 2007.