NOTICE OF PRIVACY PRACTICES

This notice describes how medical and health information about you may be used and disclosed and how you can get access to this information.  Please review it carefully.

Effective April 14, 2003

Revised April 24, 2009

Privacy Promise

BFR respects the privacy of personal information and understands the importance of keeping this information confidential and secure.  This notice describes how we protect the confidentiality of the personal information we receive.  Our practices apply to current and former clients.

How We Use Your Health Information

Each time you visit a hospital, physician, or other healthcare provider, a record of your visit is made.  Typically, this record contains your symptoms, examination and test results, diagnosis, treatment, and a plan for future care or treatment.  This information, often referred to as your health or medical record, serves as a:

• Basis for planning your care and treatment.
• Means of communication among the many health professionals who contribute to your care.
• Legal documentation describing the care you received.
• Means by which you or a third-party payer can verify that services billed were actually provided.
• A tool in education health professionals.
• A source of data for medical research.
• A source of information for public health officials charged with improving the health of the nation.
• A source of data for facility planning and marketing.
• A tool with which we can assess and continually work to improve the care we render and the outcomes we achieve.

Understanding what is in your record and how your health information is used helps you to:

• Ensure its accuracy.
• Better understand who, what, when, and why others may access your health information.
• Make more informed decisions when authorized disclosure to others.

Confidentiality of Alcohol and Drug Abuse Client Records

The confidentiality of alcohol and drug abuse client records maintained by BFR is protected by federal law and regulations.  Generally, BFR may not say to a person outside the program that a client attends the program, or disclose any information identifying a client as an alcohol or dug abuser unless one of the following conditions is met:

• The disclosure is allowed by a court order,
• The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.

A violation of federal laws and regulations (42 CFR/ 45 CFR) by a program is a crime.  Suspected violations may be reported to appropriate authorities in accordance with federal regulations.

Federal law and regulations do not protect any information about a crime committed by a client either at BFR or against any person who works for BFR or about any threat to commit such a crime.

Federal law and regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities.

Your Health Information Rights

Although your health record is the physical property of BFR, the facility that compiled it, the information belongs to you.

• You may request restrictions on how your information will be used and disclosed for treatment, payment, and health care operations; BFR is not required to agree to the proposed restrictions.
• BFR must permit and accommodate reasonable requests for you to receive communications by alternative means or at an alternative location.
• You have the right to inspect and obtain a copy of your health record with very limited exceptions (as provided for in 45 CFR 164.524) by submitting a written request to the Privacy Officer.  Access or denial will be provided with in 30 days.
• You may also request to have the information amended (as provided in 45 CFR 164.528).  BFR may deny the request if the information is complete and accurate or was created by another entity.
• Upon request, BFR must give you a written accounting of all non-routine disclosures made without your consent for up to six years.  The first list you request within a 12-month period will be free.  Additional lists, we may charge you $.15 per page.
• You may revoke your authorization to BFR to use or disclose health information except to the extent that action has already been taken.

Bristlecone’s Responsibility

BFR is required to:

·        Maintain the privacy of your health information.

·        Provide you with a written notice of the uses and disclosures of protected health information (PHI) and your rights and BFR’s legal duties related to PHI.

·        Insure that the notice include a summary of 42 CFR and the elements required by 42 CFR and HIPAA.

·        Insure that the notice is provided on the first date of service delivery and posted at the BFR campuses.

·        Maintain copies of notices and comply with requirement relating to revisions.

·        Except in emergencies, BFR must obtain written acknowledgement of receipt or document good faith effort and reason acknowledgement was not obtained.

·        Abide by the terms of this notice.

·        Notify you if we are unable to agree to a requested restriction.

·        Accommodate reasonable requests you may have to communicate health information by alternative means or at alternative locations.

We reserve the right to change our practices and to make the new provisions effective for all protected health information we maintain.  Current notices will be posted at all BFR facilities.  You may also request a copy of the notice from our reception staff at any time.

We will not use or disclose your health information without your authorization, except as described in this notice.

For More Information or to Report a Problem

If you have questions and would like additional information, you may contact the Privacy Officer at

(775) 954-1400.  If you believe your privacy rights have been violated, you can file a written complaint with the Privacy Officer or with the secretary of Health and Human Services.  There will be no retaliation for filing a complaint.

Examples of Disclosures for Treatment, Payment, and Health Operations

We will use or disclose your health information for treatment.  For Example: Information obtained by a counselor or other member of your healthcare team will be recorded in your record and used to determine the course of treatment that should work best for you.  Your counselor will document in your record his or her expectations of the members of your healthcare team.  Members of your healthcare team will then record the actions they took and their observations.  In that way, the counselor will know how you are responding to treatment.

We will use or disclose your health information for payment.  For example: A bill may be sent to you or a third-party payer.  We may also contact your insurance company to verify coverage for your care or to notify them of upcoming services that may need prior approval.

We will use or disclose your health information for regular health operations.  For example: Members of the treatment staff or the performance improvement team may use information in your health record to assess the care and outcomes in your case and others like it.  This information will then be used in an effort to continually improve the quality and effectiveness of the healthcare and services we provide.

We will use or disclose your health information when required or otherwise permitted by law in so far the use or disclosure complies with and is limited to the relevant requirements of such law.  For example: Members of the treatment staff are required to report child abuse and neglect to authorities.

Other Permitted or Required Uses and Disclosures

Business Associates: Information may be disclosed to business associates under a written agreement requiring the business associate to protect the information.  Business associates are entities that assist with or conduct activities on behalf of BFR, including organizations that provide legal, accounting, administrative, and similar functions.

Communication with Family: Health professionals may disclose to a family member, other relative, close personal friend or any other person you identify with written consent (42 CFR part 2), specific health information relevant to that person’s involvement in your care or payment related to your care.

Research: We may disclose information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your health information.

Marketing: We may contact you to provide alumnus activities, guest speaker meetings, or information about treatment activities or other health-related benefits and services that may be of interest to you.  Any written marketing communication must be sent in an envelope showing only the address of the sender.  If you choose not to receive further communications, BFR must remove your name from the distribution listing within five days.

Fundraising: Demographic information and dates of service may be disclosed to business associates (under an agreement) for BFR’s own fundraising under certain circumstances.  Client authorization is required for all other uses and disclosures.

Law Enforcement: We may only disclose your health information under a special court order meeting the specific requirements of 42 CFR.  A subpoena or routine court order is not sufficient.

Reporting Crime: No authorization is required to report a crime (or a threat of a crime) on premises or against program personnel.  Information is limited to circumstances, name and address, last known whereabouts.

Public Health: Information may be disclosed to report cause of death as required by law; report child abuse and neglect as required by law; and to medical personnel of the FDA who assert reason to believe the health of an individual may be threatened by error in manufacture, labeling, or sale of product, and that information will be used exclusively for notifying clients and physicians of potential dangers.  These disclosures must be made in such a way that the individual is not identified as a substance abuse client.

Regulatory Activities: Federal law makes provisions for your health information to be released to an appropriate health oversight agency, public health authority or attorney, provided that a work force member or business associate believes in good faith that we have engaged in unlawful conduct or have otherwise violated professional or clinical standards and are potentially endangering one or more clients, workers or the public.

For further information contact BFR’s Privacy Officer, Post Office Box 52230, Sparks, Nevada, 89435, phone: 775-954-1400.