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HIPAA Compliant Privacy Policy

Your Rights: 

  • When it comes to your health information, you have certain rights. The following explains your rights and some of our responsibilities to help you: 
    • Get an electronic or paper copy of your medical record. 
      • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. 
      • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee. 
    • Ask us to correct your medical record. 
      • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this. 
      • We may say “no” to your request, but we’ll tell you why in writing within 60 days. 
    • Request confidential communications.
      • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. 
      • We will say “yes” to all reasonable requests. 
    • Ask us to limit what we use or share. 
      • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care. 
      • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information. 
    • Get a list of those with whom we’ve shared information. 
      • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why. 
      • We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another on within 12 months. 
    • Get a copy of this privacy notice.
      • You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly. 
    • Choose someone to act for you. 
      • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. 
      • We will make sure the person has this authority and can act for you before we take any action. 
    • File a complaint if you feel your rights are violated. 
      • You can complain if you feel we have violated your rights by contacting us. 
      • You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W, Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hippa/complaints/.
      • We will not retaliate against you for filing a complaint. 

Your Choices: 

  • For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information, talk to use. Tell us what you want us to do, and we will follow your instructions. 
    • In these cases, you have both the right and choice to tell us to: 
      • Share information with your family, close friends, or others involved in your care.
      • Share information in a disaster relief situation.
      • Include your information in a hospital directory. 
    • If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety. 
    • In these cases, we never share your information unless you give us written permission: 
      • Marketing purposes
      • Sale of your information 
      • Most sharing of psychotherapy notes 
    • In the case of fundraising: 
      • We may contact you for fundraising efforts, but you can tell us not to contact you again. 

Our Uses and Disclosures:

  • We typically use or share your health information in the following ways. 
    • Treat you:
      • We can use your health information and share it with other professionals who are treating you. 
    • Run our organization: 
      • We can use and share your health information to run our practice, improve your care, and contact you when necessary. 
    • Bill for your services: 
      • We can use and share your health information to bill and get payment from health plans or other entities. 
  • We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hippa/understanding/consumers/index.html. 
    • Help with public health and safety issues: 
      • We can share health information about you for certain situations such as: 
        • Preventing disease 
        • Helping with product recalls 
        • Reporting adverse reactions to medications
        • Reporting suspected abuse, neglect, or domestic violence
        • Preventing or reducing a serious threat to anyone’s health or safety.
      • Do research: 
        • We can use or share your information for health research. 
      • Comply with the law:
        • We will share information about your if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law. 
      • Respond to organ and tissue donation requests:
        • We can share health information about you with organ procurement organization. 
      • Work with a medical examiner or funeral director:
        • We can share health information with a coroner, medical examiner, or funeral director when an individual dies. 
      • Address workers’ compensation, law enforcement, and other government requests:
        • We can use or share health information about you: 
          • For workers’ compensation claims 
          • For law enforcement purposes or with a law enforcement official 
          • With health oversight agencies for activities authorized by law
          • For special government functions such a military, national security, and presidential protective services. 
        • Respond to lawsuits and legal actions: 
          • We can share health information about you in response to a court or administrative order, or in response to a subpoena. 

Our Responsibilities: 

  • We are required by law to maintain the privacy and security of your protected health information. 
  • We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. 
  • We must follow the duties and privacy practices described in this notice and give you a copy of it. 
  • We will not sue or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind. 
  • For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html. 
  • Changes to the Terms of this Notice: 
    • We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our website. 
    • Effective Date of Notice is June 1, 2023. 

It is the policy of Fusion Recovery to assure that individuals receive effective treatment and remain in compliance with New Jersey Administrative Code with protecting client rights and privacy. Fusion Recovery shall adhere to privacy and confidentiality policies and procedures ensuring the confidential maintenance of client records while the program is in operation and in the event that it ceases to operate, as required by Federal confidentiality regulations at 42 CFR Part II, and Federal HIPPA requirements at 45 CFR Part 160.

  • The program will not disclose any information to anyone unless the following conditions exist:
  • Client consents in writing to the disclosure and determine what is to be disclosed;
  • The disclosure is ordered by subpoena and court order;
  • The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.
  • It is a crime for either or both the program and the client to divulge information.  All information discussed or revealed in group, who attends the group and what is spoken in group is covered by this law.
  • Federal Law does not protect information on the following (these will be reported):
  • Information about a crime committed by me or a client at the program or against any staff member;
  • Threats of crime or violence; and
  • Information concerning suspected child/elder abuse or neglect.
  • Release of information may be signed by the client only if the form is complete. 
  • Confidential privilege has limitations. If a counselor determines through discussions that a client plans to seriously harm another person or themselves (e.g., planning homicide or suicide) Fusion Recovery’s staff are required to break confidentiality in order to warn the potential victim and to secure the assistance of others (police, etc.) to prevent serious harm, immediately notify your supervisor. Similarly, reports of significant physical, emotional, or sexual abuse to minors must be reported to authorities by the counselor Mandatory Reporting laws, governed by State Statutes).
  • The following stamp shall be utilized when information concerning clients is released to another agency.  Information will only be released when the client has signed a release of confidential information of the agency in question.  Even in the presence of such an information release, any information from the Program must bear the stamp, noted below, minimally on every page of the package of released information – with the stamp covering a portion of the written material.  This is done to protect against copying and re-disclosure.
  • This policy is NOT sufficient for the release of any information concerning the HIV status of any client unless a separate release of information is obtained that specifically gives permission to release HIV information.
  • The stamp says the following:

“CONFIDENTIALITY”

Confidentiality Agreement and HIPPA Privacy Policy

I, ________________________________, have received and read a copy of the Confidentiality policy determined by the Federal Law of Confidentiality, CFR Title 42, Part 2 and agree to abide by all the regulations set forth in that document and in this policy. I understand that any breach of this agreement may subject me to immediate termination of my employment or contractual affiliation as well as possible legal action against me. I understand that disclosure of any confidential information concerning anyone that may cause damage to the agency will be discussed with the Administrator/Clinical Director prior to disclosure. I understand that I have access to confidential information and will treat that information in accordance with established policy, State and Federal Law.

Employee Signature

Date

  • General Information/Areas affected information is to be protected in all of its forms from unauthorized use, modification, or destruction, whether intentional or unintentional.  This policy applies to all employees.
  • All software obtained must be used in compliance with the software company’s license agreement. All computers and software, being the property of Fusion Recovery, are subject to examination by the Administrative staff without prior notification.
  • Confidentiality of data/information is protected throughout the Information Technology System by the use of unique security codes and user profiles.
  • Access to the network requires a username and password.  Also, access to the Client Information System requires a user sign on and password plus a security code for each screen that is accessed.  Security access to different system areas is determined by each employee’s job function and only access that is relevant to their job is given.
  • Requests for security codes are processed only when the Administrator/Director of Substance Abuse and Counseling Services and/or administrator deems access is necessary to fulfill the employee’s job requirements.  A Confidentiality Statement must be signed prior to obtaining access to the facility’s systems.  Access to predetermined functions is based on security codes, which have been approved by the department director and the Administration.  Any deviations require the Administrator/Clinical Director’s approval.
  • Whenever an employee leaves, the Administrator/Clinical Director will delete all access for that employee. 
  • Computer users are responsible for safeguarding their own user ID’s and/or passwords.  The sharing of user ID’s and/or passwords is strictly prohibited.

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