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 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, Aiken Center may not say to a person outside Aiken Center that you attend the program, nor may Aiken Center disclose any information identifying you as an alcohol or drug abuser, or disclose any other protected information except as permitted by federal law.
Aiken Center must obtain your written consent before it can disclose information about you for payment purposes. For example, Aiken Center 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 Aiken Center can share information for treatment purposes or for health care operations. However, federal law permits Aiken Center to disclose information without your written permission:
against Aiken Center personnel;
For example, Aiken Center 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 business associate agreement in place. Before Aiken Center can use or disclose any information about your health in a manner that 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.
Under HIPAA, you may have the right to request restrictions on certain uses and disclosures of your health information. Aiken Center 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. The Aiken Center 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 obtain a copy of your own health information maintained by the Aiken Center, 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 Aiken Center’s records, and to request and receive an accounting of disclosures of your health related information made by Aiken Center during the six years prior to your request. You also have the right to receive a paper copy of this notice.
Aiken Center 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. Aiken Center is required by law to abide by the terms of this notice. Aiken Center reserves the right to change the terms of this notice and to make new notice provisions effective for all protected health information it maintains. You will receive a copy of this notice at intake or upon request.
If you believe that your privacy rights under HIPAA haven been violated, you may complain to the Aiken Center, the Secretary of The United States Department of Health and Human Services, or the South Carolina Department of Health and Environmental Control, Division of Health Licensing (803-545-4370). If placing your complaint with the Aiken Center, it must be in writing and sent to the Compliance Officer, The Aiken Center, 1105 Gregg Highway, Aiken, SC 29801. 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.
For further information, contact the Compliance Officer at the Aiken Center, 803-649-1900 ext. 344.
This notice became effective April 14, 2003.
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