NOTICE OF PRIVACY RIGHTS
THIS NOTICE DESCRIBES HOW BEHAVIORAL HEALTH AND MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION – PLEASE REVIEW IT CAREFULLY.
We are required by the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) to maintain the privacy of Protected Health Information and to provide individuals notice of our legal duties and privacy practices concerning Protected Health Information. We are required to abide by the terms of this Notice so long as it remains in effect. We reserve the right to change the terms of this Notice of Privacy Practices as necessary and to make the new Notice effective for all Protected Health Information maintained by us. If we make material changes to our privacy practices, copies of revised notices will be mailed to all policyholders then covered by the Group Health Plan. Copies of our current Notice may be obtained by contacting IDEA Forum Inc. at the telephone number or address below, or on our Web site at www.ideacares.com
During the process of providing services IDEA Forum Inc. will obtain, record, and use behavioral health and medical information that is protected health information (PHI). This information is confidential and will not be used or disclosed without written authorization, except as described below.
Protected Health Information (“PHI”) means individually identifiable health information, as defined by HIPAA, that is created or received by us and that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and that identifies the individual or for which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes information of persons living or deceased.
I. USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION (PHI)
General Uses and Disclosures Not Requiring the Client’s Consent
- 1. Treatment. Refers to coordination and management of your medical and mental health care and related services by any provider. IDEA Forum Inc. staff involved with your care may use your information to plan your treatment to make sure the most appropriate methods are being used to help you.
- 2. Payment. Activities we conduct to obtain or provide reimbursement related to your mental health and medical care. We will use your information for IDEA Forum Inc. financial purposes which may include information that identifies you and details of your treatment for bills we send to you and claims we send to your insurance company, other payer, or the State of Colorado Medicaid program.
- 3. Health Care Operations. Refers to activities by IDEA Forum Inc. having to do with regular administrative functions. We may use your health information to monitor service quality, staff training, medical chart reviews, audits, licensing, and other purposes directly related to how we run our business.
- 4. Contacting the client. IDEA Forum Inc. may contact you to remind you of appointments and tell you about other treatments and services that may help you.
- 5. Required by law. IDEA Forum Inc. will disclose PHI when required by law in any of the following situations (but not limited to):
- a. Reporting child abuse or neglect
- b. Court ordered
- c. Legal duty to warn or take action regarding Imminent danger to others
- d. When client is a danger to self or others or gravely disabled
- e. When required to report certain communicable diseases and certain injuries
- f. When a coroner is investigating the client’s death
- 6. Health Oversight Activities. IDEA Forum Inc. will disclose PHI to health oversight agencies as authorized by law and necessary for the oversight of any of the following:
- a. The health care system (insurers, doIDEA Forum Inc.rs, hospitals, pharmacies, etc)
- b. Government health care benefit programs (Medicare, Medicaid, etc.)
- c. Regulatory programs (Drug enforcement Agency, State Medical Licensing, etc.)
- d. To determine compliance with program standards
- 7. Crimes on the premises or observed by IDEA Forum Inc. staff. Crimes that are observed by IDEA Forum Inc. staff, directed towards staff, or that occur on the premises, will be reported to law enforcement.
- 8. Business associates. Some of the functions of IDEA Forum Inc. are provided by contracts we have with other businesses. PHI will be provided to these businesses to perform tasks directly related to IDEA Forum Inc. client treatment. These businesses who work with IDEA Forum Inc. must enter into an agreement with IDEA Forum Inc. that they will maintain the privacy of your PHI.
- 9. Research. IDEA Forum Inc. may use or disclose PHI for research purposes.
- 10. Involuntary clients. To provide and coordinate the care of clients being treated involuntarily, PHI will be shared with other providers, legal offices, and others as the law allows.
- 11. Family members. Except for certain minors, incompetent or involuntary clients, PHI cannot be disclosed to family members without the client’s consent. If family members are present during a discussion with the client, and it can be reasonably inferred from the circumstances that the client does not object, PHI may be disclosed in the course of that discussion. However, if the client objects, PHI will not be disclosed.
- 12. Fundraising. IDEA Forum Inc. may contact clients as part of its fundraising activities.
- 13. Emergencies. In life threatening emergencies, IDEA Forum Inc. staff will disclose PHI necessary to avoid serious harm or death.
- 14. Health Information Exchange. IDEA Forum Inc. and other health care organizations/providers are connected to state/regional/national Health Information Exchanges, as part of health care reform. This allows health care providers, across all systems of care to share critical information to support your health care goals and treatment needs. Sharing of your PHI is limited to the minimum necessary to allow for quality, coordinated care (which may include, but is not limited to, medications, diagnosis, lab work, tests, etc.) and complies with applicable state and federal privacy regulations. Additionally, the Information Is shared in a more protected way than paper-based files, faxes, and mail.
- 15. Client Authorization or Release of Information. IDEA Forum Inc. may not use or disclose your PHI in any way without a signed authorization or release of information from you. The authorization or release may be revoked by written request, or documented verbal communication with you. The revocation will apply upon receipt of Notice in writing unless IDEA Forum Inc. has already taken action on a verbal order.
II. YOUR RIGHTS AS A CLIENT
- A. Access to Protected Health Information (PHI). Subject to certain limitations, you have the right to inspect and obtain a copy of PHI contained in your legal medical record. Those limitations will be explained to you at the time of your request. To make a request, ask IDEA Forum Inc. staff for the appropriate form.
- B. Amendment of Your Record. You have the right to request that IDEA Forum Inc. amend (revise/correct) your PHI. IDEA Forum Inc. is not required to amend PHI if it is determined that the record is accurate and complete. There are other exceptions. Additional information will be provided to you at the time of your request, along with information about the appeal process available to you. To make a request, ask IDEA Forum Inc. staff for the appropriate form.
- C. Accounting of Disclosures. You have the right to receive a list of disclosures IDEA Forum Inc. has made regarding your PHI in the 6 years prior to the date of the request. It does not include disclosures for the following:
- 1. Treatment
- 2. Payment
- 3. Health care operations
- 4. Disclosures made pursuant to a HIPAA-compliant authorization
- 5. Disclosures made before April 14, 2003.
*There may be other exceptions that will be provided to you should you request an asking IDEA Forum Inc. staff for a request form.*
- D. Additional Restrictions. You have the right to request additional restrictions regarding the use or disclosure of your PHI. However, IDEA Forum Inc. does not have to agree with the request. There are certain limits to any restriction. These can be explained to you at the time of your request. To make a request, ask IDEA Forum Inc.staff for the appropriate form.
- E. Alternative Means of Receiving Confidential Communications. You have the right to request that you receive communication of PHI from IDEA Forum Inc. by other means or at other locations. There are limitations to the granting of such requests, which will be provided to you at the time of the request process. To make a request, ask IDEA Forum Inc. staff for the appropriate form.
- F. Copy of this Notice. You have a right to obtain another copy of this Notice upon request.
III. ADDITIONAL INFORMATION
- A. Privacy Laws. IDEA Forum Inc. is required by state and federal law to maintain the privacy of PHI. IDEA Forum Inc. is also required by law to provide clients with Notice of its legal duties and privacy practices regarding PHI.
- B. Terms of the Notice and Changes to the Notice. IDEA Forum Inc. is required to follow the terms of this Notice and reserves the right to change the terms of its Notice and make the new provisions effective for all PHI that it maintains. When the Notice is revised, it will be posted at IDEA Forum Inc. sites and will be available upon request.
- C. Breach Notification. IDEA Forum Inc. is required to notify you following an illegal release of your Protected Health Information.
- D. Complaints Regarding Privacy Rights. If you believe IDEA Forum Inc. has violated your privacy rights, you have the right to report this to IDEA Forum Inc. management by calling the IDEA Forum Inc. Privacy Officer at 303-467-2624. You also have the right to report this to the US Secretary of Health & Human Services by sending your written complaint to:
Department of Human Services Office of Behavioral Health
3824 W. Princeton Circle
Denver, CO 80236-3111
*It is the policy of IDEA Forum Inc. that there will be no retaliation if you file a complaint*
- E. Additional Information. For more information about your privacy rights at IDEA Forum Inc., please call our IDEA Forum Inc.
Privacy Officer at 303-467-2624.
IV. CONFIDENTIALITY OF ALCOHOL AND DRUG USE CLIENT INFORMATION
Federal law and regulations protect the confidentiality of alcohol and drug use client records maintained by IDEA Forum Inc. unless:
- A. The client consents in writing, OR
- B. The disclosure is allowed by a court order, OR
- C. The disclosure made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation, OR
- D. The client commits or threatens to commit a crime either at IDEA Forum Inc. or against any person who works for IDEA Forum Inc.
*Violation of the federal law and regulations by IDEA Forum Inc. is a crime. Suspected violations may be reported to the United States Attorney in the District of Colorado*
*Federal law and regulations do not protect any information about suspected child abuse or neglect being reported under Colorado law to appropriate state or local authorities*