Protected Health + Privacy Notice - Brave Health

Protected Health and Privacy Notice 

1. Brave Health is required by law to protect all information about clients. This includes clients name, address, the services at Brave Health, The names of people receiving alcohol, drug abuse, mental health or services and all of their service records are protected by Federal regulations (42 CFR, Part 2, and 45 CFR, Parts 160 through 164) and Florida statutes (FS 397, FS 381). Brave Health staff may not disclose any client identifying information about clients to other persons, organizations or governmental agencies without clients written permission unless: 

1. The disclosure is permitted by an appropriate court order. 
2. The disclosure in made to medical personnel in a medical emergency.
3. The disclosure is made to qualified personnel for program audit or program evaluation including peer review and utilization reviews of client records. 
4. The information disclosed 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. 
5. The information disclosed relates to a crime committed by a client either at the program or against any staff person of Brave Health, including threats to commit such a crime. 
6. The information disclosed relates to state required reporting of communicable diseases. 
7. The information disclosed relates to a suspected case of elder abuse/neglect and is made anonymously to the State of Florida.
8. The disclosure is to the Department of Food and Drug Administration (FDA) when the FDA determines that an error in packaging or manufacturing a drug that is used in alcohol or drug abuse treatment may endanger clients health.
9. 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.  

1. 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 maintained by Brave Health. A revised notice will be provided to a client on the effective date of the change or at clients next visit after the date of the change. 

1. The law allows Brave Health to share clients information within the agency and with certain regulatory agencies for the specific purposes of providing treatment/services, payment or healthcare operations.  

1. Brave Health staff who are providing treatment/services to clients will be able to share information about clients with each other and their supervisors.  
2. As part of their jobs in running the agency, Brave Health may review clients records or see information that identifies clients. This is called “healthcare operations” in the law. These employees include the counselors’ supervisors, the medical records staff who are responsible for storing records, the quality improvement, risk management, and compliance staffs who are responsible for reviewing the services provided to all clients, and the staff who are responsible for reporting treatment outcomes..  
3. As part of the licensing process, employees of the State of Florida Department of Children and Families may see clients records or identifying information when they review records. These state employees are bound by the same privacy and confidentiality laws as Brave Health employees. Surveyors for the accreditation bodies such as Joint Commission on Accreditation Healthcare Organizations (JCAHO) or  Commission on Accreditation for Rehabilitation Facilities (CARF) may see clients records or identifying information when they review records as part of the accreditation process. These people are also bound by the same privacy and confidentiality laws as Brave Health staff.
4. Brave Health insures that the Brave Health client identifier system, including client ID numbers, is confidential and secure. Brave Health further insures that the only Brave Health staff who see any client’s records are those staff involved in providing services to the client or who are involved in administrative duties which support treatment services. Violation of Federal confidentiality and privacy laws and regulations is a crime. 

1.  While in treatment, clients may participate in an activity with a group speaker from outside the agency. Brave Health will not reveal client’s identity to the speaker; disclosure of clients identity will only take place through clients identifying clients self to the speaker. 

1. The law also allows Brave Health to use information about clients in certain other cases. These include 1) calling clients to remind clients of an appointment and 2) calling clients or writing to clients to see how clients are and to offer clients other services. clients name or other identifying information, will not be used for any other marketing purposes without clients specific permission. clients name or other identifying information will not be sold for any marketing purposes. 

1. Under the privacy and confidentiality laws clients have the following rights related to clients medical records. 

1. clients have the right to decide who may be given information from clients medical record and what information may be given out. Clients must sign an authorization for any release of any information with the exception of the cases 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. Without a written authorization, Brave Health is required by law to protect clients records and clients association with the treatment agency. An authorization to release information may apply to the entire time that clients are receiving treatment or services, or longer, or be limited to one time only. clients have the right to a copy of any authorization that clients sign and clients have the right to revoke or cancel an authorization at any time that clients wish. 

However, if clients are receiving treatment or services as a result of court order or at the direction of the Florida Department of Corrections, the Florida Department of Juvenile Justice, or the Florida Department of Children and Families clients may face legal problems over which  has no control if clients seek to deny, restrict or revoke an authorization for release of information already made to one of these entities. 

1. Clients have the right to request to see clients records. Requests to see records may only be refused in a few special cases. Each program has a procedure to follow if clients wish to see clients records. This procedure will be explained to clients as part of clients orientation to the program in which clients are enrolled. Clients also have the right to a copy of clients record. 

1. Clients have the right to amend clients record. Clients do not have the right to change client’s record, but clients may add a statement to clients record if clients believe that there is an error in the record or that something should be added to clients record. clients must first submit a request in writing if clients wish to see, or obtain a copy, or amend clients record. 

1. Clients have the right to receive a list of all disclosures that have been made by Brave Health. Documentation of every disclosure that it makes from clients record outside the Brave Health continuum of care with the exception of disclosures made with clients authorization. Requests concerning the accounting of disclosures must be made in writing to the local program Health Information Department. 

6347. Clients have the right to complain if clients believe that clients rights concerning clients records or privacy have been violated. clients may file a written grievance, following clients program’s procedure or clients may contact the director of clients program, or the Privacy Officer. The Privacy Officer may be reached at (305)902-6347. The privacy officer, or a designee, will return client’s call within 7 days of hearing from clients. clients will not be retaliated against or punished for making a complaint. clients may also register a complaint in writing with the Federal Department of Health and Human Services through the Office of Civil Rights. 

1. Clients have the right to request restrictions regarding who at Brave Health may see clients records, how and what communication has occurred regards to billing and other normal business, and where to write or phone clients and the times to phone clients. Every attempt to meet reasonable requests, but Brave Health is not obligated to do so.

7. To Request Information or File a complaint

1. If clients have questions, would like additional information, or want to report a problem regarding the handling of clients health information, clients may contact the Privacy Officer at  (305) 902-6347.
2. Additionally, if clients believe clients privacy rights have been violated, clients may file a written complaint by mailing it or calling the Department of Children and Families: Substance Abuse and Mental Health Office at (305) 377-5055.

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Client Signature              Date                   

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Staff’s Signature and Credentials             Date