THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This notice is effective June 14, 2024.
1. Brave Health, Inc., Brave Health Medical Group, P.A., Brave Medical, P.C. (“Brave Health”) is required by law to maintain the privacy of patients’ protected health information, to provide individuals with notice of its legal duties and privacy practices with respect to protected health information, to notify affected individuals following a breach of unsecured protected health information, and to abide by the terms of this Notice of Privacy Practices (“Notice”).
2. Brave Health reserves the right to change the terms of this Notice and to make the new notice provisions effective for all protected health information that is maintained by Brave Health, including any information created or received prior to issuing the new notice. If we change this Notice, we will post the new notice online at www.bebravehealth.com. You also may obtain any new notice by contacting our Medical Records department at recordsrequest@bebravehealth.com.
3. Brave Health may not disclose any patient identifying information about patients to other persons, organizations, or governmental agencies without written permission from the patient unless:
- The disclosure is for treatment purposes. For example, a therapist treating a patient may need to know if the patient is currently taking any medication. Additionally, different programs within Brave Health may share health information about a patient in order to coordinate the services the patient needs.
- The disclosure is for payment purposes. For example, Brave Health may disclose patient health information to the patient’s health insurance company or other payer to obtain preauthorization or payment for services.
- The disclosure is for health care operations. For example, counselors’ supervisors, the medical records staff who are responsible for storing records, the quality improvement, risk management, and compliance staff who are responsible for reviewing the services provided to all patients, and the staff who are responsible for reporting treatment outcomes may access and disclose patient health information for these purposes.
- The disclosure is required to comply with law.
- The disclosure is made to a health oversight agency for oversight activities authorized by law.
- The disclosure is made to a medical researcher who has obtained the necessary approvals to conduct the research through an institutional review board or privacy board.
- The disclosure relates to a report of child abuse and/or neglect. Brave Health staff are required by law to report to the proper authorities any abuse or neglect incident that may be disclosed to staff.
- The disclosure relates to reporting of communicable diseases required by law.
- The disclosure is to an organ procurement organization in response to an organ or tissue donation request.
- The disclosure is to a coroner, medical examiner or funeral director upon the death of an individual.
- The disclosure is necessary to address a workers’ compensation claim.
- The disclosure relates to a suspected case of elder abuse/neglect and is made anonymously to the state in which the patient resides.
- The disclosure is to the Department of Food and Drug Administration (FDA), or an entity regulated by the FDA, when the FDA determines that an error in packaging or manufacturing a drug may endanger patient health, to track FDA-regulated products, or to report adverse reactions to medications.
- The disclosure is made to a business associate of Brave Health. A business associate is an individual or organization that provides services to Brave Health such as certified public accountants or attorneys. Business associates are bound to maintain the same level of confidentiality and security as Brave Health.
4. Brave Health may only disclose psychotherapy notes based on separate and specific authorization from the patient to whom the psychotherapy notes pertain to. In certain cases it is not appropriate for psychotherapy notes to be disclosed to anyone, and in such a case, Brave Health may decline to disclose such records.
5. Health information related to substance use disorder treatment, diagnosis or referral for treatment provided by Brave Health is protected by federal law and regulations (42 C.F.R. Part 2) and may only be disclosed with patient authorization, except in the limited circumstances described below. Violation of these federal laws and regulations is a crime, reportable to the U.S. Department of Justice (justice.gov). Brave Health may only disclose substance use disorder treatment records in the following circumstances:
The disclosure is made with the patient’s consent.
- The disclosure is permitted by an appropriate court order.
- The disclosure is made to medical personnel in a medical emergency.
- The disclosure is made to qualified personnel for research, audit, or program evaluation purposes.
- The disclosure relates to a crime committed by a patient either at the program or against any staff person of Brave Health, including threats to commit such a crime.
- The disclosure relates to a report of child abuse and/or neglect
6. While in treatment, patients may participate in an activity with a group speaker from outside the agency. Brave Health will not reveal a patient's identity to the speaker; disclosure of patient identity will only take place through identifying the patient's self to the speaker.
7. The law also allows Brave Health to use information about patients in certain other cases.
These include:
- Contacting patients to remind patients of an appointment and
- Contacting patients to check in periodically.
8. For certain health information, you can tell us your choices about what we share. You have the right to tell us to:
- Share information with your family, close friends or others involved in your care.
- Share information in a disaster relief situation.
If you are not able to tell us your preferences, for example if you are unconscious, we may share your information for these purposes if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
9. Patients’ names or other identifying information will not be used for any other marketing purposes without the patient's specific permission. Patients’ names or other identifying information will not be sold for any purposes.
10. Patients have the following rights:
- Patients have the right to decide who may be given information from their medical records and what information may be given out. Patients must sign an authorization for any release of any information with the exception of the purposes listed above. An authorization must state who is to receive the information, what specific information is to be released and the reason the information is to be released. An authorization to release information may apply to the entire time that patients are receiving treatment or services, or longer, or be limited to one time only. Patients have the right to a copy of any authorization that they sign and the right to revoke or cancel an authorization at any time that they wish. However, if patients are receiving treatment or services as a result of court order or at the direction of the federal, state or local judicial system, patients may face legal issues over which Brave Health has no control if patients seek to deny, restrict or revoke an authorization for release of information already made to one of these entities.
- Patients have the right to request that Brave Health contact the patient in a certain way or at a certain location (e.g., at the patient's work phone number or address). Brave Health will honor all reasonable requests.
- Patients have the right to request to see their records. Requests to see records may only be refused in a few special cases. Patients also have the right to a copy of their records. Records can be obtained through the patient portal of the Brave website at Medical Records.
- Patients have the right to amend their records. Patients do not have the right to change their records, but patients may add a statement to their records if they believe that there is an error in the record or that something should be added to their records. Requests must be made in writing to recordsrequest@beBravehealth.com.
- Patients have the right to receive a list of all disclosures that have been made by Brave Health outside the Brave Health continuum of care for purposes other than treatment, payment, health care operations, disclosures excluded by law, or with patient authorization. Requests concerning the accounting of disclosures must be made in writing to recordsrequest@beBravehealth.com.
- Patients have the right to request restrictions regarding who at Brave Health may see their records, how and what communication has occurred with regard to billing and other normal business, and where to contact patients and the times to contact patients. Every attempt will be made to meet reasonable requests, but Brave Health is not obligated to do so except under limited circumstances.
- Patients have the right to request a paper copy of this notice, even if patients agreed to receive the notice electronically.
To File a Complaint:
- Patients have the right to complain if patients believe that their rights concerning their records or privacy have been violated. Patients may file a written grievance following the patient program’s procedure, or patients may contact the director of the patient’s program or the Quality Manager. If patients have questions, would like additional information, or want to report a problem regarding the handling of their health information, patients may contact the Compliance Officer at (305) 902-6347.
- Additionally, if patients believe their privacy rights have been violated, patients may file a written complaint by mailing it or calling the state oversight entity (such as the Department of Children and Families) or the Department of Health and Human Services through the Office of Civil Rights. All patient resources, including phone numbers to contact regulatory agencies, are available to Brave Health patients at the following URL: Patient Resources. Patients will not be retaliated against or punished for making a complaint.
Contact Us:
To request additional information or to exercise any of the rights described in this Notice, please contact us:
Compliance Officer Email: compliance@bebravehealth.com
Brave Health Medical Records Department Email: recordsrequests@bebravehealth.com
