Effective November 1, 2020
This notice describes how your medical information may be used and disclosed and how you can get access to this information. Please review this notice carefully.
Recovery Keys is required to maintain the privacy of your health information in accordance with federal and state law. In particular, we protect the privacy and security of your substance use disorder patient records in accordance with 42 U.S.C. Section 290dd-2 and 42 C.F.R. Part 2, the Confidentiality of Substance Use Disorder Patient Records, in addition to HIPAA and applicable state law. This Notice of Privacy Practices outlines our legal duties and privacy practices with respect to health information.
We are required by law to maintain the privacy of your health information; provide you with notice of our legal duties and privacy practices with respect to your health information; and to notify you following a breach of unsecured health information related to you. We are required to abide by the terms of this Notice of Privacy Practices. This Notice of Privacy Practices is effective as of the date listed on the first page and will remain in effect until revised. We are required to modify this Notice of Privacy Practices when there are material changes to your rights, our duties, or other practices contained therein.
We will obtain your written authorization to use and disclose your health information unless we are permitted to use or disclose your information without your written consent under applicable law. The following categories describe the ways that we may use and disclose your health information without your written authorization under Part 2. To the extent applicable state law is even more restrictive than Part 2 on how we use or disclose your health information, we will comply with the more restrictive state law.
Within Our Facilities. Recovery Keys’ personnel who have a need for your information in connection with their duties that arise out of provision of diagnosis, treatment, or referral for treatment may use and share your information.
Emergency. In the event of a bona fide medical emergency in which your prior authorization cannot be obtained, we may disclose identifying information to medical personnel. We will obtain your authorization prior to disclosing your information for non-emergency treatment.
Business Associates/Qualified Service Organizations (QSO). We may disclose your information to third party business associates and qualified service organizations that perform various services on our behalf, such as billing and collection services, laboratory services, and who agree to protect the privacy of your health information.
Audits and Evaluations. We may disclose your health information to entities who are legally permitted to perform audits of our facilities. These entities are required to maintain the privacy of your information.
Court Order. We may disclose information pursuant to court orders that meet the requirements of applicable law.
Reporting Crimes on our Premises or Against our Personnel. We may disclose a patient’s commission (or threatened commission) of a crime on our premises or against our personnel to a law enforcement agency or official. We are permitted to disclose information regarding the circumstances of the incident, including the suspect’s name, address, last known whereabouts, and status as a patient in our program.
Reporting Child Abuse or Neglect. We may report incidents of suspected child abuse and neglect to the appropriate state or local authorities.
Reporting of Death. We may disclose information relating to the cause of death of a patient to a public health authority that is authorized to receive such information.
Research. Under certain circumstances, we may disclose your health information to researchers who are conducting a specific research project. Your identifying information will never be published without your written authorization.
Use or disclosure of your health information for any purpose other than those listed above requires your written authorization. Some examples include:
Psychotherapy Notes – We will not use and disclose your psychotherapy notes without your written authorization except as otherwise permitted by law.
Release of Your Presence in Our Facility – We will not disclose your presence in treatment to individuals who may call the facility or present in person at the facility unless you have provided your written authorization.
Marketing – We will not use or disclose your health information for marketing purposes without your written consent, except as otherwise permitted by law.
Sale of Your Health Information – We will not sell your health information without your written authorization except as otherwise permitted by law.
If you change your mind after authorizing a use or disclosure of your health information, you may withdraw your permission by revoking the authorization in writing. We will honor verbal revocations until a written revocation is obtained. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect.
This section describes your rights regarding the health information we maintain about you. All requests or communications to exercise your rights discussed below must be submitted in writing to Recovery Keys, Attn: Compliance, 1301 Plantation Island Dr. S., Suite 201-B, St. Augustine, FL 32080, or by email at firstname.lastname@example.org.
Right to Inspect and Copy. You have the right to access, inspect and obtain a copy of your health information, excluding your psychotherapy notes. We may charge you a fee as authorized by law to meet your request. You may request access to your health information in a certain electronic form and format, if readily producible, or, if not readily producible, in a mutually agreeable electronic form and format. You may request in writing that we transmit such a copy to any person or entity you designate. We may deny your request to inspect and copy in limited circumstances. If you are denied access to your health information, you may request that the denial be reviewed by a licensed health care professional chosen by us. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
Right to Amend. You have the right to request that we amend or correct your health information that you believe is incorrect or incomplete. For example, if your date of birth is incorrect, you may request that the information be corrected. To request a correction or amendment to your health information, you must make your request in writing and provide a reason for your request. You have the right to request an amendment for as long as the information is maintained by us. Under certain circumstances we may deny your request to amend, including but not limited to, when the health information: 1) Was not created by us; 2) Is excluded from access and inspection under applicable law; or 3) Is accurate and complete. If we deny a request to amend, you will be provided with information about our denial and how you can file a written statement of disagreement with us that will become part of your medical record.
Right to Request Confidential Communications.You have the right to request that we communicate your health information to you in a certain manner or at a certain location. For example, you may wish to receive information through a written letter sent to a private address. We will grant reasonable requests. We will not ask you the reason for your request.
Right to Request an Accounting of Disclosures. You have the right to request an accounting or disclosures we make of your health information. Please note that certain disclosures need not be included in the accounting we provide to you, including most disclosures we make pursuant to your authorization. Your request must be in writing and must state a time period which may not go back further than six (6) years. You will not be charged for the accounting of disclosures unless you request more than one accounting per year, in which case we may charge you a reasonable cost-based fee. We will notify you of the costs, if any, and give you an opportunity to withdraw or modify your request before any costs have been incurred.
Right to Request Restrictions. HIPAA provides that you have the right to request restrictions or limitations on how your health information is used or disclosed for treatment, payment, or health care operations. This request must be in writing. We are not required to agree to your restriction request unless that restriction is regarding disclosure of health information to your health insurance company and: 1) the disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law; and 2) the health information pertains solely to a health care item or service for which you or another person (other than your health insurance company) paid for in full. Note that Part 2 requires that we obtain your written authorization for most disclosures, except as expressly outlined above.
Right to a Paper Copy of Notice. You have the right to receive a paper copy of this Notice of Privacy Practices at any time, even if you previously agreed to receive a copy electronically. A paper copy of this Notice can be obtained from the admissions coordinator at any Recovery Keys facility and is also available on our website at recoverykeys.org.
Right to File Complaint. You have the right to file a complaint in writing if you believe your privacy rights have been violated. If you would like to file a complaint about our privacy practices you can do so by sending a letter outlining your concerns to: Recovery Keys, Attn: Compliance, 1301 Plantation Island Dr. S., Ste. 201-B, St Augustine, FL 32080 or by contacting our Operations Director by telephone at 904-342-5965, or by email to email@example.com. You also have the right to complain to the Secretary of the United States Department of Health and Human Services (HHS), the United States Attorney for the judicial district in which the violation occurs, and the Substance Abuse and Mental Health Services Administration (SAMHSA) office responsible for substance use disorder treatment program oversight. You will not be penalized or otherwise retaliated against for filing a complaint.