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Notice of Privacy Practices

Notice of Privacy Practices

Effective March 19, 2003

This notice describes how medical information about you may be used and disclosed and how you may access this information.

1 a.

Your Protected Health Information (PHI) may be used and disclosed to carry out treatment, payment and healthcare operations.

Examples:
We will use your health information for treatment. Information relevant to your care obtained by staff members will be recorded in your record and used by our staff to assist in the planning and evaluation of your care.

We will use your health information for healthcare operations. Staff members, such as Quality Improvement, may use information in your record to assess the care and outcomes in your case and others like it. This information will be used in an effort to continually improve the quality and effectiveness of the healthcare and service we provide.

We will use your health information for payment. Claims will be sent to your insurer as well as other PHI necessary to process the claim.

     
  b. You have the right to restrict the use and disclosure of your protected health information (PHI) or to revoke your consent. We will comply whenever possible and except to the extent that we have already taken action in reliance on your consent. You have the right to request that we communicate with you via alternative means or location.
     
  c. You have the right to request, in writing, to amend any PHI in your record. If we cannot comply, we will include your request, statement and our refusal in your record.
     
2. Only the minimum amount of information necessary to accomplish the intended purpose will be disclosed.
     
3.
Your records will be kept confidential except under certain circumstances, when authorized by law, rules or regulations. It is important to understand that there are specific times when we are required to report certain information. We have listed the most common situations. Please note that this is not a complete list as laws change and new ones are adopted.
     
  a. Release to a legally authorized representative: parent, guardian, durable power of attorney, etc.
     
  b. Release of information to your insurance company to comply with billing requirements.
     
  c. Outside governmental agencies may review The Mental Health Center's records to be sure we are meeting their standards. Examples include: NH Division of Behavioral Health and NH Division of Public Health.
     
  d. Worker's Compensation (NH Labor Board) when you have filed a Workers Compensation claim.
     
  e. Staff are required to report any suspicion of physical abuse, sexual abuse and/or neglect of children, the elderly and/or incapacitated adults to the appropriate agencies. RSA 161-F:43, RSA 169-C:29.
     
  f. Report of injury caused by criminal act. RSA 631:6.
     
  g. By court order.
     
  h. Statements made to physicians licensed pursuant to RSA 329 and psychologists or persons certified pursuant to RSA 330-A or to those who work under their supervision, may be disclosed for the purpose of commitment hearings.
     
  i. When a client has made a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property, physicians certified pursuant to RSA 329 and psychologists or persons certified pursuant to RSA 330-A, or those who work under their supervision, may disclose the threat to the third party or law enforcement officials in accordance with RSA 329:31 and RSA 330:A:22.
     
  j. Information described in RSA 135-C:19-a may be released to a caretaker or persons who resides in the home with you, without your consent under certain circumstances. We will first attempt to obtain your permission.
     
  k. The Office of the Attorney General and the Division of Behavioral Health shall have access to all records and information pertaining to a client when that client is the subject of an involuntary commitment hearing, a guardianship proceeding, or when the client has instituted legal action against the state in regard to care and treatment provided by the mental health service delivery system.
     
  l. Information regarding the medical treatment of a client may be released to law enforcement officials or health facility personnel if an emergency situation exists involving danger to the client's health or safety. Only specific information necessary to the relief of the emergency may be released without the client's consent.
     
  m. RSA 330 may require records to be released to the NH Board of Mental Health Practice in the event of an investigation into a clinician's practice.
     
  n. State licensing boards may access your records in the course of investigating a complaint filed with them.
     
  o. The Office of the NH Medical Examiner may access medical records of a deceased individual.
     
4.
You are able to view your records at a mutually agreed upon time. In cases where the treatment team has determined there are specific reasons for having a staff member present, this may be required. If you request copies of your record, the first 25 pages are free and no more than 25 cents per page thereafter will be charged.
     
5.
Your records shall be retained for 7 years after discharge for adults and 22 years beyond the age of 18 for children. In the event of death, records may only be released upon the consent of the court-appointed Administrator of the Estate.
     
6.
You have the right to consent to release all or any portion of your protected health information to a third party. You may withdraw this consent at any time. You have the right to receive an accounting of disclosures of your PHI.
     
7.
We sometimes disclose protected health information to individuals or organizations that provide services on our behalf. Our contracts with these business associates provide for privacy protection of that PHI.
     
8.
Your information may be used for medical research, but only after approval by the Institutional Review Board, followed by your consent to participate in a research study and to have your information used; or by Institutional Review Board waiver of authorization; or research on a deceased individual's records.
     
9.
We may contact you to provide appointment reminders, other health-related information or for fundraising activities. If you do not wish to be contacted regarding fundraising, contact our Development Office.
     
10.
The Center must comply with the Privacy Practices currently in place. The Center reserves the right to revise these practices and, if so, a current version will be posted in all waiting rooms and may be obtained upon written request.
     
11.
If you feel your privacy rights have been violated, you may contact one of The Center's complaint investigators at (603) 668-4111 or you may contact the U.S. Secretary for Health and Human Services. You will not be retaliated against if you do so.

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