NEW BEGINNING FELLOWSHIP CENTER
PRIVACY POLICY
Substance Abuse and Mental Health Services Administration (SAMHSA) Privacy Statement
Protecting the confidentiality of people receiving substance abuse treatment services is of paramount importance. While assuring proper safeguards for privacy, it is also critical that information can be properly shared to help physical health and substance abuse practitioners provide the best care possible for individuals receiving treatment for addiction.
Federal regulations set the standards for providing care in a safe and secure manner. Now more than ever, with the advent of Electronic Health Records (EHR), it is critical to ensure that regulations around confidentiality are understood and properly applied.
To help substance abuse treatment providers maintain a free flow of information and understand the regulations in the context of healthcare reform, SAMHSA has published a second set of answers to frequently asked questions (FAQs) on the topic. The first FAQs on "Applying the Confidentiality Regulations to Substance Abuse and Health Information Exchanges (HIEs)" were published in June of 2010. Subsequent to the release of the first set of FAQs and based on additional questions received, SAMHSA has published additional guidance on 42 CFR Part 2.
These FAQs are not intended to be legal advice; rather, they are intended to provide implementation guidance and clarification to practitioners and providers as they work to apply the regulations to their work. If further questions remain about the guidance provided, an opportunity to ask those questions will be provided at a public meeting on December 19, 2011, 9:00 - 11:00 a.m. at the SAMHSA headquarters in Rockville, MD.
It is SAMHSA's hope as well as organizations like the New Beginning Fellowship Center, that this document proves to be of value and benefit to the field.
For more information please visit samhsa.gov.
PERSONAL RIGHTS
In accordance with Title 9, Chapter 4, Section 10569, of the California Code of Regulations, each person receiving services from a residential alcoholism or drug abuse recovery or treatment facility shall have rights which include, but are not limited to, the following:
The right to confidentiality as provided for in Title 42, Section 2.1 through 2.67-1, Code of Federal Regulations.
To be accorded dignity in personal relationships with staff and other individuals.
To be accorded safe, healthful, and comfortable accommodations to meet his or her needs.
To be free from intellectual, emotional and/or physical abuse.
To be informed by the licensee of the provisions of law regarding complaints including, but not limited to, the address and telephone number of the Department of Alcohol and Drug Programs.
To be free to attend religious services or activities of his or her choice and to have visits from a spiritual advisor, provided that these services or activities do not conflict with facility program requirements. Participation in religious services will be voluntary only.
COMPLAINTS
In accordance with Title 9, Chapter 4, Section 10543(a), of the California Code of Regulations, any individual may request an inspection of an alcoholism or drug abuse recovery or treatment facility. Complaints should be directed to:
Department of Alcohol and Drug Programs
Licensing and Certification Branch
1700 K Street
Sacramento, CA 95814-4037
Attention: Complaint Coordinator
(916) 322-2911
FAX (916) 323-0659
TDD: (916) 445-1942
CONFIDENTIALITY OF RECORDS FORM
The confidentiality of alcohol and drug participant records maintained by this program is protected by the Federal law and regulations. Generally, the program may not express to a person outside the program that a participant attends the program, or disclose any information identifying a participant as an alcoholic or drug abuser unless:
- The participant consents in writing;
- The disclosure is allowed by a court order; or
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.
Violation of the Federal law and regulations 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 participant either at the program or against any person who works for the program or about any threat to commit such a crime.
Federal laws 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. (See 42 U.S.C. 290dd-3 and 42 U.S.C. 29ee-3 for Federal laws and 42 CFR Part 2 for Federal regulations.)
HIPAA PRIVACY NOTICE
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.
WHO WE ARE AND WHO WILL FOLLOW THIS NOTICE
When this Notice refers to “we” or NBFC it is referring to THE NEW BEGINNINGS FELLOWSHIP PROGRAM together with all NBFC employees, staff, interns, volunteers, and persons or entities performing services for NBFC under agreements containing privacy protections or to which disclosure of medical information is permitted by law. For certain activities, NBFC participates in an organized health care arrangement, as recognized by law, so that they may share your medical information in the course of providing your treatment, performing peer review, quality improvement activities, medical education, and conducting the payment and health care operations associated with your care at NBFC Medical Center.
OUR PLEDGE AND PRIVACY OBLIGATIONS
NBFC is committed to protecting the confidentiality of your medical information. We create a record of the care and services you receive at our facilities. We need this record to provide you with quality care and to comply with certain legal requirements. This notice will inform you as to the ways we may use and disclose information about you and your health (“medical information”). This notice also describes your rights and certain obligations we have regarding the use and disclosure of your medical information.
This notice applies to all of the records of your care generated or maintained by NBFC. Your doctor may have different policies or notices regarding the doctor’s use and disclosure of your medical information created in the doctor’s office or clinic.
The Health Insurance Portability and Accountability Act (“HIPAA”) requires that we maintain the privacy of your medical information and provide you this notice as to our legal duties and privacy practices with respect to medical information. When we use or disclose medical information, we are required to abide by the terms of this notice. We reserve the right to change our privacy practices and this notice. We reserve the right to 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. Revised notices will be posted in facility client waiting areas. You may also receive current copies of our notice by sending a written request to us.
If you have any questions about this notice, contact the NBFC Privacy Officer at 714 839-2515, or by writing to NBFC at 16581 Brookhurst Street, Fountain Valley, 92708.
USES AND DISCLOSURES OF MEDICAL INFORMATION
The following sections describe different ways that we may use and disclose your medical information. For each category of uses or disclosures we will explain what we mean and attempt to provide an example. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.
- For Treatment. We will use and disclose your medical information to provide you with medical treatment and services. We may disclose medical information about you to health care personnel who are involved in your care. For example, a doctor treating you for a broken leg may need to know if you have a high tolerance for pain medications. We may also share your medical information with other NBFC personnel or non-NBFC providers, agencies, or facilities in order to coordinate the different things you need, such as prescriptions, lab work and x-rays. We may also disclose medical information to persons outside NBFC who may be involved in your continuing medical care after you leave NBFC, such as other health care providers if you need to be transferred to another program, a rehabilitation program, or community agencies.
- For Payment. Your medical information will be used, as necessary, to obtain payment for your health care services. We may use your medical information so that the treatment and services you receive at NBFC may be billed and payment collected from you, an insurance company or a third party. For example, we may share your medical information with your health insurance company to obtain reimbursement after we have treated you, or to determine whether your health insurance plan will cover your treatment.
- For Health Care Operations. We may use and disclose your medical information to conduct our health care operations. These uses and disclosures are necessary to the business activities of NBFC and to ensure all our clients receive quality care. These activities include, but are not limited to, quality improvement activities, business management and planning functions, licensure and accreditation activities, and to obtain audit, accounting or legal services. For example, we may use your medical information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may also combine medical information about many participants to decide what additional services the program should offer, what services are not needed, and whether certain new treatments are effective, or to compare how we are doing with others and where improvements can be made. 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 the identity of specific clients. We may disclose medical information to other facility personnel for performance improvement and educational purposes.
- Appointment Reminders. We may use and disclose your presence in the program to contact you as a reminder that you have an appointment at one of our facilities.
- Treatment Alternatives. We may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.
- Health-Related Benefits and Services. We may use and disclose medical information to tell you about health-related benefits or services that may be of interest to you.
- Fundraising Activities. We may use your medical information to contact you to provide information about NBFC sponsored activities, including fundraising programs and events.
- Directories. We may include certain limited information about you in a program directory if you are a client at NBFC Medical Center. This information will include your name and program at the facility and may be released to authorized people who ask for you by name.
- Individuals Involved in Your Care or Payment for Your Care. We may release medical information about you to a friend, family member, or personal representative who is involved in your treatment. We may also give information to someone who helps pay for your treatment. In addition, we may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status and location.
- Research. Under certain circumstances, we may use and disclose medical information about you for research purposes. Before we use or disclose medical information for research, the project will have been approved through this research approval process, but we may, however, disclose medical information about you to people preparing to conduct a research project, for example, to help them look for clients with specific medical needs, so long as the medical information they review does not leave the facility. We will almost always ask for your specific permission (authorization) if the researcher will have access to your name, address or other information that reveals who you are, or will be involved in your care at the program.
- As Required By Law. We will disclose medical information about you when required to do so by federal, state or local law.
- To Avert a Serious Threat to Health or Safety. We may use and disclose medical 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 would be limited to someone able to help prevent the threat.
SPECIAL SITUATIONS
- Military, Veterans, National Security, and Other Government Purposes. If you are or were a member of the armed forces, we may release your medical information to military command authorities as authorized or required by law. We may also release medical information about foreign military personnel to the appropriate foreign military authority. We may also disclose medical information to authorized federal officials for purposes of national security, intelligence and counter-intelligence activities as authorized or required by law and to authorized federal officials charged with protecting the President, authorized officials, foreign heads of state, and conducting special federal investigations.
- Workers' Compensation. We may disclose your medical information as authorized to comply with workers' compensation laws and other similar programs established by law.
- Public Health Disclosures. We may disclose your medical information for public health activities and purposes to a public health authority authorized by law to collect or receive information. These activities generally include:
- Preventing or controlling disease, injury or disability;
- Reporting vital events such as births and deaths;
- Reporting suspected instances of child abuse, endangerment, or neglect;
- Reporting reactions to medications or problems with products;
- Notifying people of recalls of products they may be using;
- Notifying a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition, where authorized by law;
- Notifying the appropriate government authority if we believe a client has been the victim of abuse, neglect or domestic violence and this disclosure is made as authorized or required by law.
- Health Oversight Activities. We may disclose your medical information to health oversight agencies for activities authorized by law such as audits, investigations, inspections, and licensure activities.
- Lawsuits and Disputes. In connection with lawsuits or other legal proceedings, we may disclose your medical information in response to a court or administrative order, or in response to a subpoena, discovery request, warrant, or other lawful process.
- Law Enforcement. Where requested by law enforcement, and as authorized or required by law, we may disclose medical information:
- In response to a court order, subpoena, warrant, summons or similar process;
- In response to limited requests for information necessary to identify or locate a suspect, fugitive, material witness, or missing person;
- About a suspected victim of a crime if the individual agrees to the disclosure and, under certain circumstances, where we are unable to obtain the person's agreement;
- About a death we suspect may be the result of criminal conduct;
- About criminal conduct that occurs at NBFC facilities; 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 disclose your medical information to a coroner or medical examiner for identification purposes, determining cause of death, or to permit their performance of other duties required by law. Your medical information may also be disclosed to a funeral director, as authorized by law, to permit the director to perform their lawful duties.
- Inmates. If you are an inmate of a correctional facility or under the custody of law enforcement officials, we may disclose your medical information to the correctional institution or officials as authorized or required by law.
YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION
Your medical information is the property of NBFC. You have the following rights, however, regarding medical information we maintain about you:
- Right to Inspect and Copy. With certain exceptions, you have the right to inspect and copy your medical information for as long as we maintain that information.
To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to the Clinical Supervisor of the NBFC entity that maintains your medical information. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request.
We may deny your request to inspect and copy in certain limited circumstances. If you are denied access to your medical information, in most cases, you may request that the denial be reviewed. Another licensed health care professional chosen by NBFC will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review. - Right to Request an Amendment or Addendum. If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information or add an addendum (addition to the record). You have the right to request an amendment or addendum for as long as the information is kept by or for NBFC.
To request an amendment, your request must be made in writing and submitted to the Clinical Supervisor of NBFC at the appropriate address set forth at the end of this Notice. In addition, you must provide a reason that supports your request.
We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: - Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
- Is not part of the medical information kept by or for NBFC;
- Is not part of the information which you would be permitted to inspect and copy; or
- Is accurate and complete.
- Right to an Accounting of Disclosures. You have the right to request an "accounting of disclosures”. This is a list of the disclosures we made of your medical information. This right does not apply to disclosures made for purposes of treatment, payment, and health care operations or disclosures that are subject to certain restrictions, exceptions, and limitations imposed by law.
To request an accounting of disclosures, you must submit your request in writing to NBFC, 16581 Brookhurst Street, Fountain Valley, CA 92708. Your request must state a time period that may not be longer 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, on paper, electronically). The first list you request within a 12 month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.
We will ordinarily respond to your request for an accounting within 60 days. If we require additional time to prepare the accounting you have requested, we will notify you in writing about the reason for the delay and the date you can expect to receive the accounting. - Right to Request Restrictions. You have the right to request a restriction or limitation on the medical 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 medical 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.
- We are not required to agree to your request. If we do agree, our agreement must be in writing and we will comply with your request unless the information is needed to provide you emergency treatment.
To request a restriction, you must make your request in writing to NBFC at 16581 Brookhurst Street, Fountain Valley, CA 92708 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 spouse.
- Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a more confidential way by requesting that we communicate with you by alternative means or at alternative locations. For example, you can ask that we only contact you at home or by mail.
To request more confidential communications, please make your request in writing to NBFC ar 16581 Brookhurst Street, Fountain Valley, CA 92708 We will not ask you the reason for your request, and we will try to accommodate reasonable requests. Please specify in your request how or where you wish to be contacted, and how payment for your health care will be handled if we communicate with you through the requested alternative method or location. - Right to a Paper Copy of This Notice. You have the right to a paper copy of this Notice. You may ask us to give you a copy of this Notice at any time. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this Notice.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a complaint with NBFC or with the Secretary of the Department of Health and Human Services. To file a written complaint with NBFC, contact NBFC Clinical Supervisor, 16581 Brookhurst Street, Fountain Valley, CA 92708 telephone number [714] 839-2515.
You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION.
Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written authorization, giving us permission for such uses or disclosures. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time, by contacting the NBFC Clinical Supervisor, 16581 Brookhurst Street, Fountain Valley, CA 92708 If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. We are unable to take back any disclosures we have already made with your permission, and we will retain our records of the care that we provided to you as required by law.
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WEBSITE PRIVACY POLICY
What information do we collect?
At this time we do not collect any information. In the near future we do have plans to use cookies to enhancethe browsing experience of users but at this time we do not collect any information.When contacting us using our contact form on our site, you may be asked to enter your name, e-mail addressand/or phone number.You can however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:To improve our service and response time. (your information helps us to more effectively respond to your customer service requests and support needs)
Do we use cookies?
On our contact page we load a google map which does use cookies to load the map location. Other than that We do not use cookies.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.This does not include trusted third parties who assist us in operating our website, conducting our business,or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protectours or others rights, property, or safety. However, non-personally identifiable visitor information may be providedto other parties for legal compliance or other uses.Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online)
Privacy Protection Act), we do not collect any information from anyoneunder 13 years of age. Our website and services are alldirected to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collectedthrough our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing theuse, disclaimers, and limitations of liability governing the use ofour website at http://www.newbeginningfellowshipcenter.com.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
- http://www.newbeginningfellowshipcenter.com
- 16581 Brookhurst St.
- Fountain Valley, California 92708
- United States
- nbfc@sbcglobal.net
- (714) 839-2515
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