2/2024
NOTICE OF PRIVACY RIGHTS
THIS NOTICE DESCRIBES HOW MEDICAL [INCLUDING MENTAL HEALTH] INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. During the process of providing services to you, Intermodal Interventions will obtain, record, and use mental health and medical information about you that is protected health information. Ordinarily that information is confidential and will not be used or disclosed, except as described below.
I. USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION (PHI)
A. General Uses and Disclosures Not Requiring the Patient’s Consent. Intermodal Interventions will use and disclose protected health information in the following ways.
1. Treatment. Treatment refers to the provision, coordination, or management of health care [including mental health care] and related services by one or more health care providers. For example, Intermodal Interventions staff involved with your care may use your information to plan your course of treatment and consult with other staff to ensure the most appropriate methods are being used to assist you.
2. Payment. Payment refers to the activities undertaken by a health care provider [including a mental health provider] to obtain or provide reimbursement for the provision of health care. For example, Intermodal Interventions will use your information to develop accounts receivable information, bill you, and with your consent, provide information to your insurance company for services provided. The information provided to insurers and other third-party payors may include information that identifies you, as well as your diagnosis, type of service, date of service, provider name/identifier, and other information about your condition and treatment. If you are covered by Medicaid, information will be provided to the State of Colorado's Medicaid program, including but not limited to your treatment, condition, diagnosis, and services received. You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care. If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
3. Health Care Operations. Health Care Operations refers to activities undertaken by Intermodal Interventions that are regular functions of management and administrative activities. For example, the Center may use your health information in monitoring of service quality, staff training and evaluation, medical reviews, legal services, auditing functions, compliance programs, business planning, and accreditation, certification, licensing and credentialing activities.
4. Contacting the Patient. Intermodal Interventions may contact you to remind you of appointments and to tell you about treatments or other services that might be of benefit to you.
5. Required by Law. Intermodal Interventions will disclose protected health information when required by law or necessary for health care oversight. This includes but is not limited to: (a) reporting child abuse or neglect; (b) when court ordered to release information; (c) when there is a legal duty to warn or take action regarding imminent danger to others; (d) when the Patient is a danger to self or others or gravely disabled; (e) when required to report certain communicable diseases and certain injuries; and (f) when a Coroner is investigating the Patient’s death.
6. Health Oversight Activities. Intermodal Interventions will disclose protected health information to health oversight agencies for oversight activities authorized by law and necessary for the oversight of the health care system, government health care benefit programs, regulatory programs or determining compliance with program standards.
7. Crimes on the premises or observed by Intermodal Interventions personnel. Crimes that are observed by Intermodal Interventions Staff, which are directed toward staff, or occur on Intermodal Interventions premises will be reported to law enforcement.
8. Business Associates. Some of the functions of Intermodal Interventions are provided by contracts with business associates. For example, some administrative, clinical, quality assurance, billing, legal, auditing, and practice management services may be provided by contracting with outside entities to perform those services. In those situations, protected health information will be provided to those contractors as is needed to perform their contracted tasks. Business associates are required to enter into an agreement maintaining the privacy of the protected health information released to them.
9. Research. Intermodal Interventions may use or disclose protected health information for research purposes if the relevant limitations of the Federal HIPAA Privacy Regulation are followed. 45 CFR § 164.512(i).
10. Involuntary Patients. Information regarding Patients who are being treated involuntarily, pursuant to law, will be shared with other treatment providers, legal entities, third party payers and others, as necessary to provide the care and management coordination needed.
11. Family Members. Except for certain minors, incompetent Patients, or involuntary Patients, protected health information cannot be provided to family members without the Patient’s consent. In situations where family members are present during a discussion with the Patient, and it can be reasonably inferred from the circumstances that the Patient does not object, information may be disclosed in the course of that discussion. However, if the Patient objects, protected health information will not be disclosed.
12. Emergencies. In life threatening emergencies Intermodal Interventions staff will disclose information as allowed under the law necessary to avoid serious harm or death.
B. Patient Release of Information or Authorization. Intermodal Interventions may not use or disclose protected health information in any other way without a signed release of information or authorization. When you sign a release of information, or an authorization, it may later be revoked, provided that the revocation is in writing. The revocation will apply, except to the extent the Center has already taken action in reliance thereon.
C. Uses and disclosures of PHI for marketing purposes, as well as disclosures that constitute a sale of PHI, require authorization from you.
II. YOUR RIGHTS AS A PATIENT
A. Access to Protected Health Information. You have the right to inspect and obtain a copy of the protected health information Intermodal Interventions has regarding you, in the designated record set. You can obtain it in paper or electronically. There are some limitations to this right, which will be provided to you at the time of your request, if any such limitation applies. To make a request, ask Intermodal Interventions staff for the appropriate request form.
B. Amendment of Your Record. You have the right to request that Intermodal Interventions amend your protected health information. Intermodal Interventions is not required to amend the record if it is determined that the record is accurate and complete. There are other exceptions, which will be provided to you at the time of your request, if relevant, along with the appeal process available to you. To make a request, please provide the request in writing.
C. Accounting of Disclosures. You have the right to receive an accounting of certain disclosures Intermodal Interventions has made regarding your protected health information. However, that accounting does not include disclosures that were made for the purpose of treatment, payment, or health care operations. In addition, the accounting does not include disclosures made to you, or disclosures made pursuant to a signed Authorization.
D. Additional Restrictions. You have the right to request additional restrictions on the use or disclosure of your health information. Intermodal Interventions does not have to agree to that request, and there are certain limits to any restriction, which will be provided to you at the time of your request. To make a request, please speak with your provider.
E. Alternative Means of Receiving Confidential Communications. You have the right to request that you receive communications of protected health information from Intermodal Interventions by alternative means or at alternative locations. For example, if you do not want Intermodal Interventions to mail bills or other materials to your home, you can request that this information be sent to another address. 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, please speak with your provider.
F. Restricting Disclosures. You have a right to restrict certain disclosures of PHI to a health plan where you pay out of pocket in full for the health care service. Upon your request, Intermodal Interventions must agree to a restriction on the disclosure of PHI to a health plan if: (1) the disclosure of PHI would be for the purposes of carrying out payment or health care operations and is not otherwise required by law; and (2) the PHI pertains solely to a health care service for which you, or a person acting on your behalf, has paid Intermodal Interventions in full.
G. Breaches. You have a right to be notified following a breach of unsecured PHI.
H. Psychotherapy Process Notes. If your provider keeps psychotherapy notes (informational notes about your care that is separate from the official clinical record), uses and disclosures of these psychotherapy notes require authorization from you.
I. Copy of this Notice. You have a right to obtain another copy of this Notice upon request.
III. ADDITIONAL INFORMATION
A. Privacy Laws. Intermodal Interventions is required by State and Federal law to maintain the privacy of protected health information. In addition, Intermodal Interventions is required by law to provide Patients with notice of its legal duties and privacy practices with respect to protected health information. That is the purpose of this Notice.
B. Terms of the Notice and Changes to the Notice. Intermodal Interventions is required to abide by the terms of this Notice, or any amended Notice that may follow. Intermodal Interventions reserves the right to change the terms of its Notice and to make the new Notice provisions effective for all protected health information that it maintains. When the Notice is revised, the revised Notice will be posted in Intermodal Interventions service delivery sites and will be available upon request.
C. Complaints Regarding Privacy Rights. If you believe Intermodal Interventions has violated your privacy rights, you have the right to complain to management. To file your complaint, call Ms. Ascano at (719) 424-4653. You also have the right to complain to the United States Secretary of Health and Human Services by sending your complaint to the Office of Civil Rights, U.S. Department of Health and Human Services, 999 18th Street, Suite 417, Denver, CO 80202 (303) 844-2024; (303) 844-3439 (TDD), (303) 844-2025 FAX. It is the policy of Intermodal Interventions that there will be no retaliation for your filing of such complaints. You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint. You may also file a complaint with the Colorado Department of Regulatory Agencies, Division of Professions and Occupations, Mental Health Section; 1560 Broadway, Suite 1350, Denver, Colorado, 80202, 303-894-2291; DORA_Mentalhealthboard@state.co.us.
D. Notice of Rights Under Federal Conscience and Nondiscrimination Laws: Safeguarding the Rights of Conscience as Protected by Federal Statutes
Intermodal Interventions, Inc. complies with applicable Federal health care conscience protection statutes, including the Church Amendments, 42 U.S.C. 300a–7; the Coats-Snowe Amendment, section 245 of the Public Health Service Act, 42 U.S.C. 238n; the Weldon Amendment, e.g., Consolidated Appropriations Act, 2023, Public Law 117– 328, div. H, title V General Provisions, section 507(d)(1) (Dec. 29, 2022); Sections 1303(b)(1)(A), (b)(4), and (c)(2)(A), and 1411(b)(5)(A), and 1553 of the ACA, 42 U.S.C. 18023(b)(1)(A), (b)(4), and (c)(2)(A), 18081(b)(5)(A), and 18113; certain Medicare and Medicaid provisions, 42 U.S.C. 1320a– 1(h), 1320c–11, 1395i–5, 1395w–22(j)(3)(B), 1395x(e), 1395x(y)(1), 1395cc(f), 1396a(a), 1396a(w)(3), 1396u–2(b)(3)(B), 1397j–1(b), and 14406; the Helms, Biden, 1978, and 1985 Amendments, 22 U.S.C. 2151b(f), accord, e.g., Consolidated Appropriations Act, 2023, Public Law 117–328, div. K, title VII, section 7018 (Dec. 29, 2022); 22 U.S.C. 7631(d); 42 U.S.C. 280g–1(d), 290bb–36(f), 1396f, 1396s(c)(2)(B)(ii); 5106i(a)); and 29 U.S.C. 669(a)(5).
More information to help entities determine which statutes are applicable to them is available at https://www.hhs.gov/ conscience/conscience-protections/ index.html.
You may have rights as a provider, patient, or other individual under these Federal statutes, which prohibit coercion or other discrimination on the basis of conscience, whether based on religious beliefs or moral convictions, in certain circumstances. If you believe that Intermodal Interventions, Inc. has violated any of these provisions, you may file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://www.hhs.gov/ocr/ complaints/index.html or by mail or phone at: U.S. Department of Health and Human Services, 200 Independence Avenue SW, Room 509F, HHH Building, Washington, DC 20201, 1–800–368–1019, 800–537–7697 (TDD) or by email at ocrmail@hhs.gov. Complaint forms and more information about Federal conscience protection laws are available at https://www.hhs.gov/conscience.
[FR Doc. 2024–00091 Filed 1–9–24; 8:45 am] BILLING CODE 4153–01–P
IV. CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS
A. The confidentiality of alcohol and drug abuse patient records maintained by this office is protected by Federal law and regulations. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient as an alcohol or drug abuser Unless:
1. The patient consents in writing,
2. The disclosure is allowed by a court order; or
3. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.
B. Violation of the Federal Law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with Federal regulations.
C. Federal law and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime.
D. Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under State law to appropriate State or local authorities.
(See 42 U.S.C. 290dd-3 and 42 U.S.C. 290ee-3 for Federal laws and 42 CFR Part 2 for Federal regulations).
For more information: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html