PRIVACY NOTICE
THE CHRYSALIS CENTER, INC.
As a
client of The Chrysalis Center, you/your child has/have the
right to privacy and confidentiality of your/your child’s
medical record and treatment information, with a few limited
exceptions described in this notice. This right to privacy
and confidentiality is protected by federal and state law,
as well as by Chrysalis Center policy. This notice describes
in detail how The Chrysalis Center protects and safeguards
your/your child’s right to privacy and confidentiality.
Please review your/your child’s rights carefully, and if you
have any questions or concerns, call us using the
information listed under “Questions and Concerns” of this
notice. We will be happy to answer any questions you may
have.
I.
IN GENERAL
It is the duty of The
Chrysalis Center to protect and safeguard your private and
confidential treatment and medical record information. This
means that no person other than you is entitled to your
treatment or medical record information, with the few
exceptions described below.
II.
EXCEPTIONS; WHO YOUR INFORMATION MAY BE DISCLOSED TO
(a)
You
The Chrysalis Center must
disclose your treatment and medical record information to
you. You can either review your treatment and/or medical
record information in person or request in writing to obtain
access to your information, by calling for an appointment or
writing to the Privacy Officer at The Chrysalis Center
(address and phone listed in Question and Concern section of
this notice). The Chrysalis Center will provide you with
copies of your medical record and/or schedule an appointment
for you to see your medical record within 14 days of receipt
of the request.
(b)
Your Legal Guardian
If you are (1) under 18 years
of age and are not emancipated or (2) have been declared
mentally incompetent by a Florida court, then it is your
legal guardian who is entitled to your Privacy and
Confidentiality rights and who has the ability to enforce
these rights. Your legal guardian also has the right to
access all treatment disclosure made by you.
Where there is such legal
guardian, in order to protect the confidentiality of therapy
disclosures as well as to encourage such disclosures which
enhance treatment, we will ask the legal guardian to give us
written permission to maintain your confidentiality of
therapy disclosures unless you are at risk of imminent harm.
(c)
For Treatment Purposes, With Your Consent
From time to time, we may
need to use, disclose, or obtain documented information
about you for the purposes of better providing you with
evaluation, counseling and referral services. Some, but not
all of the information that may be obtained or shared with
another provider includes assessments, evaluations,
discharge summaries, medical documents, educational reports,
etc., but not including progress notes which will not be
shared with another provider for treatment purposes.
Additionally, at times we
will need to communicate verbally with others about your
treatment. Such communication regularly occurs between the
treatment team, which includes the therapist, psychiatrist,
supervisor, the counselor, and any other agencies and
parties involved, such as the Department of Children and
Families, the school or child care center, other mental
health and social service providers, and/or case managers.
Other times, you may want us to communicate with your family
members as to your treatment.
Prior to any documented
information being obtained or disclosed, or any verbal
communications being made, The Chrysalis Center will obtain
your written consent to release or obtain that specific
information to each party to whom we release information.
Without such written consent, no documents will be obtained
or disclosed and no verbal communications will occur.
(d)
For Health Care Operations, With Your Consent
The Chrysalis Center may at
times be required to use and disclose your Protected Health
Information (PHI) to another agency for purposes such as
billing, payment, contracting, authorizing, accrediting,
auditing, reviewing, quality improvement, billing, payment
or other related health care operation purposes. Protected
Health Information includes data such as your name, social
security number, date of birth, address and other
identifying information.
At the start of treatment, we
will ask that you give us your consent to release your PHI
for the purposes discussed in the previous paragraph. This
one consent will cover all such release of PHI for health
care operations purposes until your discharge, but you can
limit and/or revoke your consent in writing at any time (see
the Questions and Concern section of this notice below).
Additionally, when releasing
your PHI for health care operations purposes, The Chrysalis
Center will only release information to the minimum extent
necessary to accomplish the purpose of the release. Further,
prior to The Chrysalis Center releasing any of your PHI for
health care operation purposes, The Chrysalis Center will
ensure that an agreement between The Chrysalis Center and
the other entity is in place, where the other entity agrees
to provide you with the privacy and confidentiality
protections required by law and by our agency.
(e)
For Health and Safety
At times, The Chrysalis
Center may need to use and disclose your treatment and
medical record information to avert a serious and imminent
threat to your health or safety or the health or safety of
others. When releasing your information under these
circumstances, such information will be released only to the
minimum extent necessary to avert the threat. When
reasonably possible, the Chrysalis Center will attempt to
obtain your written consent prior to the release of such
information, but does not guarantee that such attempt to
obtain consent will be made.
Additionally, Florida law
requires The Chrysalis Center to report to the Abuse Hotline
any suspected child or elderly abuse, neglect, or
abandonment. Florida law also requires that we report
suspected domestic violence.
(f)
When Required to Disclose by Law
The Chrysalis Center may
disclose your treatment and medical record information to
the minimum extent necessary when we are required to do so
by law, for the purposes of the federal or state regulating
body ensuring The Chrysalis Center is complying with all
applicable laws and satisfying all of its legal obligations.
When reasonably possible, the Chrysalis Center will attempt
to obtain your written consent prior to the release of such
information, but does not guarantee that such attempt to
obtain consent will be made.
The Chrysalis Center may also
disclose your treatment and/or medical record information to
the minimum extent necessary to a law enforcement official
if you are a suspect, fugitive, material witness, crime
victim, missing person, etc. The Chrysalis Center may
additionally disclose the treatment and/or medical record
information to the minimum extent necessary if you are an
inmate or other person in lawful custody to a law
enforcement official or correctional institution under
certain circumstances or if it is necessary to assist law
enforcement officials to capture an individual who has
admitted to participation in a crime or has escaped from
lawful custody.
(g)
For Court Proceedings
The Chrysalis Center may be
required to use or disclose your treatment and/or medical
record information in response to a court or administrative
order, subpoena, discovery request, or other lawful process,
under certain circumstances. Under other limited
circumstances, such as a court order, warrant, or grand jury
subpoena, we may disclose your PHI to law enforcement
officials. When reasonably possible, the Chrysalis Center
will attempt to obtain your written consent prior to the
release of such information, but does not guarantee that
such attempt to obtain consent will be made. Also, such
information will only be released to the minimum extent
necessary to satisfy the request.
(h)
For Military and National Security
The Chrysalis Center may disclose to military authorities
your treatment and/or medical record information if you are
an Armed Forces personnel under certain circumstances or to
authorized federal officials for lawful intelligence,
counterintelligence, and other national security activities.
When reasonably possible, the Chrysalis Center will attempt
to obtain your written consent prior to the release of such
information, but does not guarantee that such attempt to
obtain consent will be made prior to the disclosure. Also,
such information will only be released to the minimum extent
necessary to satisfy the request.
(i)
For Research, Training or Quality Assurance
The Chrysalis Center will not
use or disclose any identifying information about you for:
research, data, training or quality assurance unless we
first (a) disclose to you in writing the purpose of such
use, (b) limit the use of your information only to the
extent necessary to fulfill such purpose, and (c) receive
your written consent to such disclosure.
(j)
For Media Purposes
The Chrysalis Center will not
disclose your protected health information to the media
without your voluntary and written consent. In the event
that you voluntarily or inadvertently disclose, own your
own, such confidential information about yourself or another
Chrysalis Center client, it is with the understanding that
The Chrysalis Center will not be held responsible for claims
arising from your communications.
(k)
For Other Purposes, With Your Consent
From time to time, situations
may arise where we may need to disclose your confidential
information under special circumstances. Such information
will not be released unless we first (a) disclose to you in
writing the purpose of such use, (b) limit the use of your
information only to the extent necessary to fulfill such
purpose, and (c) receive your written consent to such
disclosure.
III.
YOUR RIGHTS
(a)
Duration of Consent; Right to Revoke or Limit Consent to
Disclose Information
At any time, if you give your
written consent to the Chrysalis Center to release your
information for any purpose, your written consent to release
your information for treatment will remain valid through the
length of treatment, unless otherwise noted, or you revoke
or limit your consent. You have the right to revoke or limit
the consent in writing at any time (see Questions and
Concerns section for details).
(b)
Right to Request Amendments to Your Medical Record
You have the right to request
that we amend your medical record by writing to the Medical
Records department at The Chrysalis Center. The writing must
contain a detailed description of the amendments requested
and the reasons for such request.
Under certain circumstances,
we may deny your request to amend your medical record. If
The Chrysalis Center does so, we will provide you with a
written reason for such denial within 14 days of receipt of
the request for amendment. If you are unsatisfied with such
response, you may use the procedures set out in the
Questions and Concerns section of this Notice, to file an
appeal.
(c)
Right to Request Restrictions on the Use and Disclosure of
your PHI
You have the right to request
that we place certain additional restrictions on our use or
disclosure of your health information. We are not required
to agree to these additional restrictions, but if we do, we
will abide by our agreement. However, if you are in need of
emergency treatment and the restricted health information is
needed to provide the emergency treatment, we may use or
disclose that information to a health care provider in order
to facilitate the provision of emergency treatment to you.
Any agreement we may make to a request for additional
restrictions must be in writing and signed by the person
authorized to make such an agreement on our behalf. We will
not be bound unless the agreement is so memorialized in
writing.
(d)
Right to Request Your PHI Log
You have the right to request
a copy of your PHI log, which will show you all uses and
disclosures of your PHI made by The Chrysalis Center to
other parties. Such request can be made in writing to the
Privacy Officer at the address listed in the Questions and
Grievance section of this notice.
(e)
Right to Request Confidential Communications
You have the right to request
that we communicate with you in confidence about your health
information at an alternative address or location. To make
such request, please make such request in writing to The
Chrysalis Center (see Questions and Grievances section).
IV.
OTHERS’ RIGHTS
During the course of
treatment with The Chrysalis Center, you may be privileged
to the protected health information of other Chrysalis
Center clients. When receiving such information, you agree
to maintain the privacy of such other client’s protected
health information to the same extent as the Chrysalis
Center maintains your privacy.
V.
EFFECTIVE DATE
This Privacy Notice takes
effect on April 14, 2003 and will remain in effect until a
revised notice is issued. A revised notice may be issued if
(a) The Chrysalis Center chooses to revise this Privacy
Notice or its Policies or (b) federal or state regulations
requires The Chrysalis Center to make such revisions. The
Chrysalis Center reserves the right to make changes in its
privacy practices. Before we make a significant change in
our privacy practices which will effect your rights, we will
change this notice and send the new one to you and, if you
are under 18 years of age, to your legal guardian.
V.
QUESTIONS AND CONCERNS
If at any time you want more
information about The Chrysalis Center’s privacy practices,
or, have questions or concerns about this Notice or The
Chrysalis Center’s Privacy Practices, please contact our
Privacy Officer who will answer any questions or concerns
you may have. You may also file a grievance with our privacy
officer at: The Chrysalis Center, 3521 W. Broward Blvd., 3rd
Floor, Fort Lauderdale, FL 33312, 954-587-1008, fax
954-587-0080.
Any grievance filed will be
investigated by The Chrysalis Center Management Team and the
results of such investigation will be forwarded to you
within 30 days of the receipt of your grievance.
Furthermore, you have the right to submit any of your
privacy grievance to the U.S. Department of Health and Human
Services at: Secretary of Health and Human Services, 200
Independence Avenue, SW, Washington, D.C. 20201
The Chrysalis Center supports
your right to protect the privacy of your treatment
information and medical record and will not retaliate in any
way if you choose to file a grievance with us or with the
U.S. Department of Health and Human Service.
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