Policy
Office of Continuum of Care
NOTICE OF PRIVACY PRACTICES
Effective Date: April 14, 2003
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.
OUR PLEDGE REGARDING YOUR HEALTH INFORMATION:
The Continuum of Care (COC) is committed to protecting the
privacy of your health information. We access and/or create
information about the health care and services that you receive in
order to coordinate/plan for treatment services; train service
providers; monitor service delivery and comply with legal
requirements.
This Notice explains how we may use or release your health
information, our obligations related to the use and release of your
health information, and your rights regarding your health
information. We are required by law to make sure that health
information that identifies you is kept private, to give you this
Notice of our legal duties and privacy practices with respect to
your health information, and to follow the terms of our current
Notice.
This Notice applies to all of the records of your care generated
and/or collected by COC, whether made by COC psychologists or
another health care provider. The practices described in this Notice
will be followed by all COC offices, any member of a volunteer group
we allow to help you while you are working with the COC, and all
employees, staff and other COC personnel. This notice does not
replace the SC State Law on disclosure of information found in the
SC Children’s Code, Section 20-7-555.
HOW COC USES AND RELEASES HEALTH INFORMATION
The following categories describe different ways COC uses and
releases health information.
For Treatment. We use your health information to coordinate and plan
treatment services for you. We may release your health information
to caregivers such as doctors, counselors, psychologists,
psychiatrists, social workers, members of the interdisciplinary team
(staff from other community agencies working with you) or COC
personnel. For example, a doctor treating you may need information
about your symptoms in order to prescribe appropriate medications.
Different divisions or departments of COC also may share health
information about you in order to coordinate your different needs,
such as prescriptions, and referrals for services to public and
private community agencies. We also may release information to
persons outside of COC who assist in your care such as family
members, clergy whom you have designated, or other healthcare
providers.
For Payment. We may use and release your health information to bill
and collect payment for your treatment and services from an
insurance company or a third party. For example, COC may be required
by your health insurer to provide information regarding your health
care status so that the insurer will reimburse you or COC. We may
also tell your health plan about a treatment/service you are going
to receive to obtain prior approval or to determine whether your
plan will cover the treatment/service. Finally, COC may need to
explain to your insurer your need for health care and the services
that will be provided to you.
For Health Care Operations. We may use and release your health
information for health care operations necessary to provide quality
care to all COC clients. Health care operations include, but are not
limited to, quality assessment and improvement activities, training
programs, business management, and general administrative functions.
We may remove information that identifies you from this set of
medical information so others may use it to study health care and
health care delivery without learning who the specific clients
are. For example, we may use your health information to review our
treatment and services and to evaluate the performance of our staff
in working with you. We may combine health information about many
COC clients to decide what additional services we should offer, what
services are not needed, and whether certain new treatments/services
are effective. We may also disclose information to doctors,
psychologists, psychiatrists, students, and other personnel for
review and learning purposes. We may also combine the health
information we have with information from other providers to compare
how we are doing and see where we can make improvements in the care
and services we offer.
Appointment Reminders. We may use and disclose health information to
contact you as a reminder that you have an appointment for treatment
or medical care in the community.
Treatment Alternatives and Health-Related Benefits and Services. We
may use and release your health information to tell you about or
recommend possible treatment options or alternatives, or
health-related benefits or services that may be of interest to you.
Individuals Involved in Your Care or Payment for Your Care. We may
release health information about you to a friend or family member
who is involved in your healthcare. We may also give information to
someone who helps pay for your care. We may also tell your family or
treatment team members your condition and reveal to them that you
are working with the COC.
Research. The COC may, under very select circumstances, use your
health information for research. Before the COC discloses any of
your health information for such research purposes, the project will
be subject to an extensive approval process. The COC will ask your
permission if any researcher will be granted access to your
individually identifiable health information.
As Required By Law. We will release health information about you
when we are required to do so by federal or state law.
To Avert a Serious Threat to Health or Safety. We will use and
release health information about you when necessary to prevent a
serious threat to your health and safety or the health and safety of
the public or another person. Any disclosure, however, would only be
to someone able to help prevent the threat.
USE AND RELEASES OF YOUR INFORMATION IN SPECIAL SITUATIONS
Workers' Compensation. We may release health information about
you for workers' compensation or similar programs that provide
benefits for work-related injuries or illness.
Public Health Risks. We will release your health information for
public health activities such as the following: to prevent or
control disease, injury or disability; to report vital events such
as births and deaths; to report child abuse or neglect; to report
reactions to medications or problems with products; to notify a
person who may have been exposed to a disease or may be at risk for
contracting or spreading a disease or condition; to notify the
appropriate government authority if we believe a client has been the
victim of abuse, neglect or domestic violence (we will only release
information for this reason if you agree to the release or if we are
required or authorized to make the release by law.)
Health Oversight Activities. We may release your health information
to a health oversight agency for activities authorized by law such
as audits, investigations, inspections, and licensing. These
activities are necessary for the government to monitor the health
care system, government programs, and compliance with civil rights
laws.
Lawsuits and Disputes. If you are involved in a lawsuit or a
dispute, we may release your health information in response to a
court or administrative order. We may also disclose health
information about you in response to a subpoena, discovery request,
or other lawful process by someone else involved in the dispute, but
only if we have made an effort to tell you about the request or to
obtain an order protecting the information requested.
Law Enforcement. We will release health information if asked to do
so by a law enforcement official:
In response to a court order, subpoena, warrant, summons or similar
process;
To identify or locate a suspect, fugitive, material witness, or
missing person;
About the victim of a crime if, under certain limited circumstances,
we are unable to obtain the person's agreement;
About a death we believe may be the result of criminal conduct;
About criminal conduct at the hospital; and
In emergency circumstances to report a crime; the location of the
crime or victims; or the identity, description or location of the
person who committed the crime.
Coroners, Medical Examiners and Funeral Directors. We may release
health information to a coroner or medical examiner. This may be
necessary, for example, to identify a deceased person or determine
the cause of death. We may also release health information to
funeral directors as necessary to carry out their duties.
National Security and Intelligence Activities. We may release health
information about you to authorized federal officials for
intelligence, counterintelligence, and other national security
activities authorized by law.
Protective Services for the President and Others. We may disclose
health information about you to authorized federal officials so they
may provide protection to the President, other authorized persons or
foreign heads of state or conduct special investigations.
Inmates. If you are an inmate of a correctional institution or under
the custody of a law enforcement official, we may release health
information about you to the correctional institution or law
enforcement official if the release is necessary for the institution
to provide you with health care, to protect your health and safety
or the health and safety of others, or for the safety and security
of the correctional institution.
We will not use or release your health information for purposes of
marketing or fund-raising activities.
YOUR HEALTH INFORMATION RIGHTS
You have the following rights regarding the health information
COC has about you:
Right to Inspect and Copy. You have the right to request to see and
receive a copy of your health information, including your medical,
billing or health care payment information. This does not include
psychotherapy notes or information needed for civil, criminal or
administrative proceedings. This also does not include documents
from other agencies or entities marked by that agency or entity as
“confidential.” To see or obtain a copy of your health information,
send a written request to the Privacy Officer named on the first
page of this Notice. We may charge a fee for the costs of copying,
mailing or other supplies associated with your request. In limited
cases, we may deny your request. If your request is denied, you may
request a review of the denial. Another licensed health care
professional chosen by COC will review your request and the
denial. The person conducting the review will not be the same person
who denied your request. We will comply with the reviewer’s
decision.
Right to Amend. If you believe your health information is incorrect
or incomplete, you may ask us to amend the information by sending a
request in writing to the Privacy Officer, stating the reason you
believe your information should be amended. We may deny your request
if you ask us to amend information that was not created by us; is
not part of the health information kept by or for COC; is not part
of the information you would be permitted to inspect and copy; or
your health information is accurate and complete. You have the right
to request an amendment for as long as COC keeps the information.
Right to an Accounting of Releases. You have the right to request a
list of the releases we have made of your health information. This
list will not include health information released to provide
treatment to you, obtain payment for services, or for administrative
or operational purposes; releases for national security purposes;
releases to correctional or other law enforcement facilities;
releases authorized by you; releases to persons involved in your
health care; and releases made prior to April 14, 2003.You must
submit your request in writing to the Privacy Officer, stating a
time period that may not go back further than six years and may not
include dates before April 14, 2003. Your request should indicate in
what form you want the list (for example, by paper or
electronically). The first list you request within a 12- month
period will be free. We may charge you for the cost of providing
additional lists. If so, we will notify you of the cost and you may
withdraw or modify your request before any costs are charged to
you.
Right to Request Restrictions. You have the right to request a
restriction or limitation on the health information we use or
disclose about you for treatment, payment or health care
operations. You also have the right to request a limit on the health
information we disclose about you to someone who is involved in your
care or the payment for your care, like a family member or
friend. For example, you may ask that we not use or disclose
information about your placement history. To request restrictions,
you must make your request in writing to the Privacy Officer. In
your request, you must tell us: (1) what information you want to
limit; (2) whether you want to limit our use, disclosure or both;
and (3) to whom you want the limits to apply, for example,
disclosures to your child’s school. We are not required to agree to
your request if such a request hinders the COC’s ability to provide
effective case management services to you. If we do agree, we will
comply with your request unless the information is needed to provide
you emergency treatment.
Right to Request Confidential Communications. You have the right to
request that we communicate with you about health matters in a
certain way or at a certain location. For example, you can ask that
we only contact you at work or by mail. To request confidential
communications, you must make your request in writing to the Privacy
Officer. We will not ask you the reason for your request. We will
accommodate all reasonable requests. Your request must specify how
or where you wish to be contacted.
Right to a Paper Copy of This Notice. You have the right to request
a paper copy of this notice at any time by contacting the Privacy
Officer named in this Notice. You may obtain a copy of this notice
at our web site:
HERE
CHANGES TO THIS NOTICE
We reserve the right to change this notice. We may make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice in all COC offices. The notice will contain the effective date on the first page, in the top right-hand corner.
COMPLAINTS
If you believe your privacy rights have been violated, you may
file a complaint with the COC Privacy Officer or with the Secretary
of the Department of Health and Human Services. To file a complaint
with COC, submit your complaint in writing to the Privacy Officer at
the address listed on the first page of this Notice. All complaints
must be submitted in writing.
You will not be penalized or retaliated against for filing a
complaint.
OTHER USES OF HEALTH INFORMATION
This Notice describes and gives some examples of the permitted ways your health information may be used or released. We will ask for your written permission before we use or release your health information for purposes not covered in this Notice or required by law. If you provide us written permission to use or release information, you can change your mind and remove your permission at any time by notifying the Privacy Officer in writing. If you remove your permission, we will no longer use or release the information for that purpose. However, we will not be able to take back any release that we made with your permission, and we are required to retain our records of the care that we provided to you.
If you have any questions about this Notice of Privacy Practices, please contact:
COC Privacy Officer
Office of Continuum of Care
1205 Pendleton
Suite 372
Columbia, SC 29201
(803) 734-4535 or 803-734-4500