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PRIVACY NOTICE
(Confidentiality)
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, the Aiken Center may not say to a person outside
the Aiken Center that you attend the program, nor may the 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.
The Aiken Center must obtain your written consent before it can disclose
information about you for payment purposes. For example, the 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 the Aiken Center can share information for
treatment purposes or for health care operations. However, federal law
permits the Aiken Center to disclose information without your written
permission:
- Pursuant to an agreement with a business
associate;
- For research, audit or evaluations;
- To report a crime committed on Aiken
Center's premises or against Aiken Center personnel;
- To medical personnel in a medical
emergency;
- To appropriate authorities to report
suspected child abuse or neglect
- To appropriate authorities to anonymously
or by court order report suspected abuse or neglect of an elderly person
or a vulnerable adult, and/or
- As allowed by a court order
For example, the 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 the 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.
Your Rights
Under HIPAA you have the right to request restrictions on certain uses and
disclosures of your health information. The 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 copy your own health information
maintained by 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 the Aiken Center' s records, and to request
and receive an accounting of disclosures of your health related information
made by the 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's Duties
The 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. The Aiken Center is
required by law to abide by the terms of this notice. The 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. When changes are made to this
document, current clients will receive a copy of the revised Privacy Notice.
Complaints and Reporting Violations
If you believe that your privacy rights under HIPAA have 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.
Contact
For further information, contact the Compliance Officer at the Aiken Center,
803-649-1900, ext. 344
Effective Date
This notice became effective April 14, 2003.
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