CUYAHOGA COUNTY DEPARTMENT OF JUSTICE AFFAIRS - TREATMENT ALTERNATIVES TO STREET CRIME (TASC)
NOTICE OF PRIVACY PRACTICES FOR PROTECTED HEALTH INFORMATION
THIS NOTICE DESCRIBES HOW MEDICAL, DRUG AND ALCOHOL RELATED INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Information regarding your health care is protected by two federal laws: the
Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d et seq., 45 C.F.R. Parts 160 & 164, and the Confidentiality Law, 42 U.S.C. 290dd-2, 42 C.F.R. Part 2. Both Federal and State laws govern how information is used and stored, what information is disclosed, and who get this information. This notice is solely for your information.
You do not need to take any action. This notice of our privacy practices describes generally how we may use and disclose your Protected Health Information
(PHI) and how we protect the security and confidentiality of your PHI. This notice also explains your rights regarding PHI.
This notice is effective April 14, 2003.
To receive substance abuse services paid for by public funds, you must provide information to your local Alcohol & Drug Addiction Services Board so that we can determine if you are eligible for publicly-funded services, enroll you in the County Behavioral Healthcare Plan, and pay the provider for your service through the MACSIS computer system which connects the Board to the Ohio Department of Mental Health, the Ohio Department of Alcohol and Drug Addiction Services, and the Ohio Department of Job and Family Services, and/or a private insurer to get paid for services that we delivered to you. We may disclose medical information to a health oversight agency for activities authorized by law including audits, investigations, inspections and licensure. Name identifying information will be used only to pay for services provided to you. Demographic information will be kept without your name attached, and reported to the State Departments. Except in specified circumstances, we must use or disclose only the minimum necessary PHI to accomplish the intended purpose of the use or disclosure. Information will be kept for six (6) years after you have received services.
TASC may disclose PHI to notify the appropriate government authority if we believe you have been the victim of abuse or neglect. We will only make this disclosure if you agree or when required or authorized by law. TASC may also disclose PHI in response to a court order or court-ordered subpoena; in response to a law enforcement official’s request about criminal conduct that occurred on our premises; and in emergencies to report a crime, the location of a crime or victims of the crime, or the identity, description or location of the person who committed the crime. TASC may release PHI for national security reasons, such as protection of the President of the United States or for national security activities. Certain provisions of Ohio law may be more stringent that HIPAA or may be, in the future, determined to be more stringent that HIPAA. If such provisions are more stringent than HIPAA, then according to HIPAA, we must comply with the more stringent provisions of Ohio law.
You have the following rights relating to your PHI:
- To request restrictions on uses/disclosures: You have the right to ask that we limit how we use or disclose your PHI. We will consider your request, but are not legally bound to agree to the restriction. To the extent that we do agree to any restrictions on our use/disclosure of your PHI, we will put the agreement in writing and abide by it except in emergency situations. We cannot agree to limit uses/disclosures that are required by law.
- To choose how we contact you: You have the right to ask that we send you information at an alternative address or by alternative means. We must agree to your request as long as it is reasonable easy for us to do so.
- To inspect and request a copy of your PHI: Unless your access to your records is restricted for clear and documented treatment reasons, you have a right to see your PHI upon your written request. We will respond to your request within 30 days. If we deny your access, we will give you written reasons for the denial and explain any right to have denial reviewed. If you want copies of you PHI, a charge for copying may be imposed, depending on your circumstances. You have a right to choose what portions of your information you want copied and to have prior information on the cost of copying and postage.
- To request amendment of your PHI: If you believe that there is a mistake or missing information in our record of your PHI, you may request, in writing, that we correct or add to the record. We will respond within 60 days of receiving your request. We may deny the request if we determine that the PHI is: (1) correct and complete; (2) not created by us and/or not part of our records; or (3) not permitted to be disclosed. Any denial will state the reasons for denial and explain your rights to have the request and denial, along with any statement in response that you provide, appended to your PHI. If we approve the request for amendment, we will change the PHI and so inform you, and tell others that need to know about the change in the PHI.
- To find out what disclosures have been made: You have a right to get a list of when, to whom, for what purpose, and what content of your PHI has been released other than instances of disclosure for treatment, payment and operations, or pursuant to your written authorization. The list also will not include any disclosures made for national security purposes; to law enforcement officials or correctional facilities; or disclosures made before April 14, 2003. We will respond to your written request for such a list within 60 days of receiving it. Your request can relate to disclosures going as far back as six (6) years. There will be no charge for up to one such list each year. There may be a charge for more than one request per year.
- Persons involved in your care: We may disclose information about you to a person you identify if that person is involved in your care.
All other uses and disclosures of your PHI will be made only with your written authorization. We are required by law to maintain the privacy of PHI, and to provide you with notice of our legal duties and privacy practices with respect to PHI. We are required to abide by the terms of this notice, but we reserve the right to change the terms of this notice, and to make the new notice provisions effective for all PHI we maintain. If we change this notice, a revised notice will be available to you upon request. You may request a copy of the new notice from any TASC staff. It is also posted in our waiting area and on our website at http://ja.cuyahogacounty.us.
If you believe your privacy rights have been violated, you may submit a complaint in writing to the Department of Justice Affairs Privacy Officer, Marta B. Mota at 1276 West 3rd St, Suite 409, Cleveland, Ohio 44113 [phone 216.443.5901]. You also may file a written complaint with the Office for Civil Rights, U.S. Department of Health and Human Services, 233 N. Michigan Avenue, Suite 240, Chicago, IL. 60601, within 180 days of when you knew or should have known that the act or omission complained of occurred. We will take no retaliatory action against you if you submit a complaint.