Self Help Addiction Rehabilitation (SHAR)
And
SHAR (Self Help Addiction Reorientation) Foundation
NOTICE OF PRIVACY PRACTICES
Effective November 21, 2002
Individuals have a right to adequate notice of the uses and disclosures of protected health information that may be made by SHAR and of the individual’s rights and SHAR’s legal duties with respect to protected health information. 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. Federal Regulation CFR 42 requires adherence to specific policies and procedures to safeguard confidential substance abuse information. Additionally, the Health Insurance Portability and Accountability Act of 1996, The Detroit Wayne County Community Mental Health Agency, Medicaid, and the State of Michigan Department of Consumer and Industry Services/Bureau of Health Systems also have regulations governing handling of private health information. SHAR policies and procedures are designed to comply with provisions of each regulatory authority. In circumstances where regulations are conflicting, the more stringent of the regulations shall apply.
This notice of privacy practices shall be provided to you no later than the date of first service delivery. The notice is available at all service sites for individuals to request to take with them; the notice shall be posted where it is reasonable to expect individuals seeking service to be able to read it, and; whenever the notice is revised, it shall be made available upon request on or after the effective date of the revision. SHAR maintains a web site which provides information about SHAR services and benefits. This notice is posted on the web site, and made available electronically through the web. The notice may also be provided to an individual by e-mail if the individual agrees to electronic notice and has not withdrawn that agreement.
Except in an emergency treatment situation, SHAR must make a good faith effort to obtain a written acknowledgment of receipt of the notice of privacy practices. If not obtained, SHAR shall document its good faith efforts to obtain the acknowledgment and the reason why the acknowledgment could not be obtained.
SHAR as a Covered Entity provides for protection of physical safety, and electronic security of records and record transactions relating to Private Health Information. The agency maintains, and updates as required, this Privacy Notice which is posted in a conspicuous location of each community based facility, and is accessible to prospective clients and given to clients in treatment. The notice includes contact information for the Privacy Official and Complaint Officer or Recipient Rights Advisor. Written detail of individual recipient rights will be given to you during the admission process, along with detail on how a recipient rights complaint may be lodged. The SHAR Privacy Official and Recipient Rights Advisor can be reached by phone at 313.894.8444, or by mail at 1852 W. Grand Blvd., Detroit, Michigan, 48208.
Uses and disclosures of medical information may take numerous forms. Hard copy client information is stored in locked filing cabinets accessible only by authorized personnel and authorized outside authorities in conjunction with ordinary business operation, (licensing inspections, annual audit, client billing, laboratory services, etc.). Private health and other confidential information may be released with specific written client authorization for information release. In addition to Consent forms authorizing treatment, clients or legally designated personal representatives complete authorizations for release of information. Authorizations must specify what information may be released, to whom, and are valid for a specified period of time or occurrence of a specified event. Release forms prohibit re-disclosure of information, and indicate that the agency may not have control of information dissemination by parties to who it is legitimately released. Authorizations may not be revoked in circumstances where record transactions relating to private health information would interfere with treatment, payment and operations of the agency. SHAR has also established policy relative to Personal Health Information conveyed by FAX. Client information which is electronically generated is accessible only by authorized individuals via use of an access password. Electronically transmitted information is encrypted, or makes use of code sets allowing for access only by the individual or entity for whom it is intended. This includes client billing and other private health information. Additionally, electronic transactions are tested or certified.
Individuals presently enrolled in a SHAR treatment component may contact their assigned primary therapist or the component Clinical Services Manager for information on how they may access or receive copies of their own private health or other confidential information. Former clients and others with client information inquiries may contact the SHAR Records Department by phone at 313.894.8444, ext. 238, or by mail addressed to 1852 W. Grand Blvd., Detroit, MI 48208, Attention Medical Records. Appropriate authorization and all other record access provisions noted herein shall apply to any disclosure.
In most circumstances, clients may access their own clinical records with the exception of some psychotherapy notes, and information which in the professional judgment of the agency is reasonably likely to endanger the life or physical safety of the individual or another person if disclosed. Information may be disclosed without client authorization in some cases of court ordered release, and in emergency medical and other emergency circumstances when client authorization is not practicable. In some circumstances, individuals may request restriction on uses and disclosures of protected health information. Such restrictions are not allowable in the event they conflict with carry out of treatment, payment or health care operations. While SHAR is not required to agree to such a restriction, if it does, it then must abide by the restriction except when necessary for emergency treatment. SHAR may terminate its agreement to a restriction under conditions stated in HIPAA regulations. SHAR may not require an explanation as to the basis for the request as a condition to providing communications on a confidential basis. Such requests however must be in writing, and may entail assessment of a reasonable fee. Attorney client privilege may restrict client access to certain information compiled in reasonable anticipation of, or for use in, a civil, criminal or administrative proceeding. SHAR shall act on a request for access no later than 30 days after receipt of the request.
In the event SHAR denies an individual access to his or her protected health information, the individual has a right to have the denial reviewed by a licensed health care professional who is designated by SHAR to act as a reviewing official and who did not participate in the original decision to deny.
In the development of aftercare plans for those clients completing phases of their treatment program, SHAR, with the clients consent, will provide a complete summary of the treatment records to the provider which is recommended to provide continuing services in the aftercare plan.
The agency maintains service agreements with business associates which indicate SHAR compliance with regulations of HIPAA, and require the same of the associate.
Clinical Records are maintained for a period of five years following separation from treatment unless otherwise specified in individual contracts. After five years, records are purged and destroyed by fire via agreement with Greater Detroit Resource Recovery Authority. Complete and accurate books of account, all such records, documents, and financial statements pertinent to business operation are retained for a period of ten years unless audited before then.
SHAR may contact individuals to provide appointment reminders, or information about treatment alternatives or other health related benefits and services that may be of interest to the individual. In some circumstances SHAR may contact individuals in conjunction with fund raising activity on behalf of the agency.
Whenever there is a material change to any of the privacy practices stated in this notice, SHAR will promptly revise and distribute its notice. Except when required by law, a material change to any term of the notice may not be implemented prior to the effective date of the notice in which the change is reflected.
My signature below shall serve as acknowledgment that I have received a copy of this notice of privacy practices. In circumstances where written acknowledgment of receipt is not obtained, SHAR will document its good faith efforts to obtain the acknowledgment and the reason why the acknowledgment could not be obtained.