Notice of Privacy Practices

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.

I. Our Duty to Protect Your Health Information

Awakenings Mental Health (“Practice”) understands that medical and mental health information about you is personal and confidential. We are committed to protecting your protected health information (“PHI”). We create and maintain records of the care and services you receive. These records are necessary to provide quality care and to comply with legal requirements.

We are required by law to maintain the privacy of your PHI; provide you with this Notice of our legal duties and privacy practices; follow the terms of this Notice currently in effect; and notify you following a breach of unsecured PHI as required by federal law. We reserve the right to change the terms of this Notice. Any revised Notice will apply to all PHI we maintain and will be available in our office and on our website.

II. How We May Use and Disclose Your PHI

A. Treatment, Payment, and Health Care Operations

We may use or disclose your PHI without your written authorization for treatment, payment, and health care operations as permitted by 45 CFR §§ 164.502–164.512. Treatment includes providing, coordinating, or managing your health care, including consultations and referrals. Payment includes billing and collection activities. Health care operations include administrative, legal, quality assurance, training, credentialing, auditing, and compliance activities. Disclosures for treatment purposes are not limited to the minimum necessary standard. Uses and disclosures for payment and health care operations are limited to the minimum necessary as required by law.

B. Other Uses and Disclosures Permitted Without Authorization

Subject to applicable law, we may also use or disclose PHI without authorization for public health activities; reporting abuse or neglect; health oversight activities; judicial or administrative proceedings; law enforcement purposes; disclosures to coroners or medical examiners; workers’ compensation purposes; specialized government functions; research when approved or permitted by law; and to contact you regarding appointments, treatment alternatives, or other health-related benefits or services we offer.

III. Special Protections for Substance Use Disorder Records (42 CFR Part 2)

Some records created or maintained by this Practice may be subject to 42 CFR Part 2, which provides additional protections for substance use disorder (SUD) treatment records. If your records are protected under 42 CFR Part 2, those records generally may not be used or disclosed without your written consent, even for treatment, payment, or health care operations, except as specifically permitted by law. Substance use disorder records may be disclosed without consent only in limited circumstances expressly permitted by 42 CFR Part 2, including bona fide medical emergencies, scientific research, audit and evaluation activities, or as otherwise required by law.

Federal law prohibits the use or disclosure of substance use disorder treatment records received from programs subject to 42 CFR Part 2, or testimony relaying the content of such records, in civil, criminal, administrative, or legislative proceedings against you unless based on your written consent or a court order after notice and opportunity to be heard, as provided in 42 CFR Part 2. A court order authorizing disclosure must be accompanied by a subpoena or other legal requirement before the record is used or disclosed.

If another applicable law is more restrictive than HIPAA, including 42 CFR Part 2, we will comply with the more restrictive law. You have the right to receive a copy of any consent you sign related to disclosure of Part 2-protected records and may revoke that consent at any time, except to the extent action has already been taken in reliance on it.

This Practice does not provide substance use disorder treatment services to minors.

IV. Redisclosure Notice

Information disclosed by us pursuant to the HIPAA Privacy Rule may be subject to redisclosure by the recipient and may no longer be protected by HIPAA. Substance use disorder records protected by 42 CFR Part 2 remain subject to federal restrictions on redisclosure unless properly authorized in writing or otherwise permitted by law.

V. Uses and Disclosures That Require Your Written Authorization

We must obtain your written authorization for uses or disclosures of psychotherapy notes (except as permitted by law); most uses or disclosures of PHI for marketing purposes; any sale of PHI; and any other uses not described in this Notice. You may revoke your authorization in writing at any time, except to the extent we have already relied on it.

VI. Fundraising

This Practice does not use or disclose substance use disorder treatment records for fundraising purposes. If we engage in fundraising communications in the future, you will be provided a clear and conspicuous opportunity to opt out before receiving such communications, as required by law.

VII. Your Rights Regarding Your PHI

You have the right to request restrictions on certain uses and disclosures of your PHI. We are not required to agree, except when you pay in full out-of-pocket for a service and request restriction from disclosure to a health plan for payment or health care operations purposes. You have the right to request confidential communications, such as contacting you at a specific phone number or address.

You have the right to inspect or obtain a paper or electronic copy of your PHI (excluding psychotherapy notes) within 30 days of a written request. Reasonable, cost-based fees may apply as permitted by law. You may request an amendment to your PHI if you believe it is incorrect or incomplete. We may deny your request in writing within 60 days if permitted by law.

You have the right to receive an accounting of disclosures of your PHI made during the previous six years, excluding disclosures for treatment, payment, and health care operations. You also have the right to receive a paper or electronic copy of this Notice at any time.

If you believe your privacy rights have been violated, you may file a complaint with Awakenings Mental Health at admin@awakeningsmentalhealth.com or (208) 295-0297, or with the U.S. Department of Health and Human Services Office for Civil Rights at www.hhs.gov/ocr/privacy/hipaa/complaints. You will not be retaliated against for filing a complaint.