This notice describes how drug and alcohol information about you may be used and disclosed and how you can get access to this information. Please review carefully.
Rise Recovery, its facility and employees, and all associates are committed to providing you with quality behavioral and recovery services. An important part of that commitment is protecting your health information, inclusive of drug and alcohol information, according to applicable law. This notice (“Notice of Privacy Practices”) describes your rights and our duties under Federal Law. Protected health information (“PHI”) is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition; the provision of healthcare services which includes drug and alcohol treatment services; or the past, present, or future payment for the provision of healthcare services to you.
We are required by law to maintain the privacy of your PHI; provide you with notice of our legal duties and privacy practices with respect to your PHI; and to notify you following a breach of unsecured PHI related to you. We are required to abide by the terms of this Notice of Privacy Practices. This Notice of Privacy Practices is effective as of the date listed on the first page of this Notice of Privacy Practices. This Notice of Privacy Practices will remain in effect until it is revised. We are required to modify this Notice of Privacy Practices when there are material changes to your rights, our duties, or other practices contained herein.
- Upon request;
- Electronically via our website or via other electronic means; and
- As posted in our place of business.
In addition to the above, we have a duty to respond to your requests (e.g. those corresponding to your rights) in a timely and appropriate manner. We support and value your right to privacy and are committed to maintaining reasonable and appropriate safeguards for your PHI.
Confidentiality of Alcohol and Drug Abuse Records
The confidentiality of alcohol and drug abuse patient records maintained by us is protected by Federal law and regulations. Generally, we may not say to a person outside our programs that you are a participant in our programs, or disclose any information identifying you as an alcohol or drug abuser unless:
- You consent in writing (as discussed below in “Authorization to Use or Disclose PHI”);
- The disclosure is allowed by a specific court order; or
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation; 42 CFR 2.51; or
- The disclosure was made as part of information related to your commission of a crime on the Rise Recovery premises or against on site personnel; or
- The disclosure was made to report suspected child abuse or neglect made to the appropriate state off local authorities
- Any of the exceptions set out in 42 CFR Part 2.
Violation of the Federal law and regulations by the treatment center 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 you either at Rise Recovery or against any person who works for Rise Recovery or about any threat to commit such a crime (as discussed below in “Uses and Disclosures”).
Rise Recovery providers are mandatory report professionals. 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 (as discussed below in “Uses and Disclosures”).
See 42 U.S.C. 290dd-3 and 42 U.S.C. 290ee-3 for Federal laws and 42 CFR part 2 for Federal regulations, Section 181.001(b)(2) and Chapter 611of the Texas Health and Safety Code, Chapter 159 of the Texas Occupation Code, the Medical Records Privacy Act and the Identity Theft Enforcement and Protection Act.
Authorization to Use or Disclose PHI
Other than the exceptions allowed by 42 CFR Part 2, we will not use or disclose your PHI other than with your written authorization. If you or your representative authorize us to use or disclose your PHI, you may revoke that authorization in writing at any time to stop future uses or disclosures. We will honor oral revocations upon authenticating your identity until a written revocation is obtained. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect.
The following are the rights that you have regarding PHI that we maintain about you. Information regarding how to exercise those rights is also provided. Protecting your PHI is an important part of the services we provide you. We want to ensure that you have access to your PHI when you need it and that you clearly understand your rights as described below.
- Right to notice about disclosures of your PHI upon request;
- Right to access, inspect and copy;
- Right to request an amendment;
- Right to request and accounting of disclosures;
- Right to request restrictions or limitations on how we use and disclose your PHI for treatment, payment, and operations;
- Right to request that we communicate with you about your PHI and health matters by alternative means or alternative locations;
- Right to Notification of a Breach; and
- Right to file a complaint in writing with us or with the U.S. Department of Health and Human Services if you believe we have violated your privacy rights.
Questions, Requests for Information, and Complaints
Rise Privacy Officer
Joanna Pierce, Attorney at Law
San Antonio, TX 78230