Privacy Policy
This notice describes how information about you that is obtained during the course of treatment may be used and disclosed and how you can obtain access to this information.
Health information which Addiction Recovery Counseling, LLC (ARC) receives about you, while in this office, relating to your past, present or future health treatment, or payment for healthcare services, is “protected health information” under the Federal law known as the Health Insurance Portability and Accountability Act (HIPAA), 45 CFR part 160 & 164. The confidentiality of alcohol and drug abuse records maintained in our program is protected by another Federal law commonly referred to as the Alcohol and Other Drug Confidentiality Law, 42 CFR part 2. Generally, staff at ARC may not say to a person outside the organization that you are receiving services, disclose any information identifying you as an alcohol or drug abuser, or use or disclose any other protected health information, except in limited circumstances, as permitted by Federal law. Any pertinent state law that is more protective or stringent than either of the two Federal laws further protects your health information.
Use and disclosures that may be made of your health information:
- Internal communications: Your protected health information will be used within ARC, which is between and among staff who have the need for the information in connection with our duty to diagnose, treat or refer you for other more appropriate treatments. This means that your protected health information may be shared between or among staff members for treatment, payment or other care related operational purposes. For example: The program may share your protected health information in a billing effort to receive payment for health care services provided to you.
- Qualified Service Organizations and/or Business Associates: Some or all of your protected health information may be subject to disclosure through contracts for services with qualified service organizations and/or business associates, outside of the program, that assist ARC in providing care. Examples of qualified service organizations and/or business associates include billing companies, data processing companies or companies that provide administrative or specialty services. To protect your health information, we require these qualified service organizations and/or business associates to follow the same standards held by this program through terms detailed in a written agreement.
- Medical Emergencies: Your health information may be disclosed to medical personnel in a medical emergency, when there is an imminent and immediate threat or danger to the health and safety of an individual, and when immediate medical intervention is required.
- Auditors and Evaluators: This program may disclose protected health information to regulatory agencies, third-party payers, and other review organizations that monitor our programs to ensure that the program is complying with regulatory mandates.
- Authorizing Court Order: This program may disclose your protected health information in accordance with an authorizing court order. This is a unique kind of court order in which certain application procedures have been taken to protect your identity, and in which the court makes certain specific determination, as outlined in the Federal regulations, that limits the scope of the disclosure.
- Crime on Premises or Against Program Personnel: ARC may disclose a limited amount of protected health information to law enforcement when a patient commits or threatens to commit a crime on the program premises or against ARC staff.
- Reporting Suspected Child or Elder Abuse or Neglect: This program may report suspected child or elder abuse and neglect as mandated by state law.
- As Required by Law: This program will disclose protected health information as required by state law in a manner otherwise permitted by federal privacy and confidentiality regulations.
- Appointment Reminders: This program reserves the right to contact you, in a manner permitted by law, with appointment reminders or information about treatment alternatives and other health related benefits that might be appropriate to you.
- Payment: Your protected health information will be used and disclosed in order to obtain payment for treatment and services you receive. A bill may be sent to you, an insurance company, or a third-party payer with accompanying documentation that identifies you, your diagnosis, procedures performed and supplies used, and any other information that may be reasonably required for payment purposes. Your protected health information may also be used or disclosed in other payment related activities, such as claims management activities. We may tell your insurance company about a test or treatment you are going to receive in order to receive prior approval or to determine whether your insurance plan will cover the treatment.
- Other Uses and Disclosure of Protected Health Information: Other uses and disclosures of protected health information not covered by this notice will be made only with your written authorization or that of your legal representative. If you or your legal representative authorizes us to use or disclose protected health information about you, you or your legal representative may revoke that authorization, at any time, except to the extent that we have already taken action relying on that authorization.
Your rights regarding protected health information we maintain about you:
- Right to Inspect and Copy: In most cases, you have the right to inspect and obtain a copy of the protected health information that we maintain about you. To inspect and copy your protected health information, you must submit a request, in writing, to this office. In order to receive a copy of your protected health information, you may be charged a fee for the photocopying, mailing or other costs associated with your request. In some very limited circumstances we may, as authorized by law, deny your request to inspect and obtain a copy of your protected health information. You will be notified of a denial of any part or parts of your request. Some denials, by law, are reviewable, and you will be notified regarding the procedures for invoking a right to have a denial reviewed. Other denials, however, as set forth in the law, are not reviewable. Each request will be reviewed individually and a response will be provided to you in accordance with the law.
- Right to Amend Your Protected Health Information: If you believe that your protected health information is incorrect, or that an important part of it is missing, you have the right to ask us to amend your protected health information while it is kept by or for us. You must provide your request and your reason for the request in writing and submit it to this office. We may deny your request if it is not in writing or does not include a reason that supports the request. In addition, we may deny your request if you ask us to amend protected health information that we believe:
- Is accurate and complete;
- Was not created by us, unless the person or entity that created the protected health information is no
longer available to make the amendment; - Is not part of the protected health information kept by or for us; or
- Is not part of the protected health information that you would be permitted to inspect and copy. If your right to amend is denied, we will notify you of the denial and provide you with instructions on how you may exercise your right to submit a written statement disagreeing with the denial, and/or how you may request that your request to amend and a copy of the denial letter be kept together with the protected health information at issue, and disclosed together with any further disclosures of the protected health information at issue.
- Right to Accounting of Disclosures: You have a right to request an accounting or list of the disclosures that we have made of protected health information about you. This list will not include certain disclosures as set forth in the HIPAA regulations, including those made for treatment, payment or other care related operations within our program. To request this list, you must submit your request in writing to this office. Your request must state the time period from which you want to receive a list of disclosures. The time period may not be longer than six years. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a 12-month period will be free. We may charge you for responding to additional requests. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.
- Right to Request Restrictions: You have the right to request a restriction or limitation on protected health information we are permitted to use or disclose about you for treatment, payment or other care related operations within our program. While we will consider your request, we are not required to agree with it. If we do agree to it, we will comply with your request, except in emergency situations where your protected health information is needed to provide you with emergency treatment. We will not agree to restrictions on uses or disclosures that are legally required, or those which are legally permitted and which we reasonably believe to be in the best interest of your mental health.
- Right to Request Confidential Communication: You have the right to request that we communicate with you about protected health information in a certain manner or at a certain location. For example, you can ask that we only contact you at home, or by mail. To request confidential communications, you must make your request in writing to this office, and specify how or where you wish to be contacted. We will accommodate all reasonable requests.
- Right to File a Complaint: If you believe your privacy rights have been violated, you may file a complaint with this office or with the Texas Department of State Health Services. To file a complaint with this office please contact Julie Diggins, Owner, Nasa Parkway, Suite 220H. You will not be penalized or otherwise retaliated against for filing a complaint. If you have questions about this please contact us as 281-960-9194.
Our Responsibilities
Addiction Recovery Counseling, LLC is required to:
- Maintain the privacy of your protected health information.
- Provide you with this notice of our legal duties and privacy practices with respect to your protected health information.
- Abide by the terms of this notice while it is in effect.