Notice Of Privacy Practices
Effective 7/1/07. Updated 12/13/13.
At CAP we are committed to acting professionally and responsibly to ensure the confidentiality of your protected health information (PHI). We are also required by law to maintain the privacy and security of your PHI, provide you with this notice, and abide by the terms of this notice. This notice explains how we can use and share information about you, informs you about your rights, and how you can exercise them. Please review it carefully.
We reserve the right to change the terms of this notice. You will be notified of any changes made and this notice will be posted on our website at (http://www.cascadeaids.org). You may also request a new notice be mailed to you.
How We Use or Share Information:
The following are ways we may use and share PHI for your treatment, payment, and our business operations:
- To administer your care and help pay your medical bills related to the cost of operating the testing laboratory
- To assist your doctors or hospitals to provide medical care to you
- To help manage your health care
- To individuals performing necessary and legitimate business for us and who agree to protect the information
- To give you information about alternative medical treatments, programs, or services you may be interested in
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.
State and federal laws may require us to release your PHI to others. These circumstances may include:
- When required by law enforcement agencies for safety issues (including domestic violence and child abuse)
- When required by a court or administrative agency because of a search warrant or subpoena
- To public health agencies if we believe there is a serious health or safety threat
- When required by your state worker compensation laws regarding job-related injuries
- To the Food and Drug Administration, for the investigation/tracking of prescription drug and medical device problems
- To state and federal agencies who regulate us, such as the U.S. Department of Health and Human Services
If we need to use or disclose your PHI for reasons other than described in this notice, we will do so only with your written permission. You may revoke this permission at any time. We will honor the revocation except to the extent that we have already relied on your permission.
NOTE: If we disclose information as a result of your written permission, then it may be re-disclosed by the receiving party and may no longer be protected by state and federal privacy rules. However, federal or state law may restrict re-disclosure of additional information such as HIV/AIDS information, mental health information, genetic information and drug/alcohol diagnosis, treatment or referral information.
What Are Your Rights?
You have certain rights with respect to your PHI. These rights can be enacted at your request and may require you make a request in writing. In most instances, we will complete your request within 30 days. If we need more time, you will be notified in writing with the reason for the delay and an anticipated completion date.
Your rights include:
- The right to ask us to restrict the use or disclosure of your PHI for treatment, payments, or health care operations. You also have the right to ask us to restrict PHI we may give to persons involved in your care. While we may honor your request for restrictions, we are not required to agree to these restrictions with one exception. You have the right to request we not disclose PHI to a health plan when you or someone on your behalf pays in full for a health care item or service and the disclosure is for payment or health care operations and not otherwise required by law.
- The right to submit special instructions regarding how we send lab information to you containing PHI.
- The right to confidential communications and to 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.
- The right to inspect and obtain a copy of information we maintain about you in a designated record set. If this information is contained in electronic records, it will be furnished to you in electronic form. However, you may not be permitted to inspect or obtain a copy of information that is:
Contained in psychotherapy notes
Compiled in reasonable anticipation of, or for use in a civil criminal or administrative action or proceeding; and
Subject to the Clinical Laboratory Improvements Amendments of 1988, 42 U.S.C. 263a, to the extent the provisions of access to the individual would be prohibited by law or exempt for the Clinical Laboratory Improvements Amendments of 1988, pursuant to 42 CFR 493.3(a)(2).
In certain other situations, we may deny this request. If your request is denied, we will notify you in writing and provide you the right to have the denial reviewed. If you request a copy, we will charge you a reasonable fee unless it is related to an appeal or grievance.
- The right to ask us to amend information we maintain about you in a designated record set. We may require you to provide a reason for your request.
If we make the amendment, we will notify you it was made, and obtain your agreement for us to notify the relevant persons you have identified with whom the amendment needs to be shared. We will notify these persons, including their business associates, of the amendment. If we deny your request, we will notify you in writing of the reason for the denial and explain your right to file a written statement of disagreement. We have a right to rebut your statement. However, you have the right to request your written request, our written denial and your statement of disagreement be included for any future disclosures.
- The right to receive an accounting of certain disclosures of your information made by us during the six years prior to your request. The accounting may not include disclosures:
for treatment, payment, and health care operations purposes;
made in connection with a use or disclosure otherwise permitted;
made to you or pursuant to your authorization;
for a facility’s directory or to persons involved in your care or other notification purposes;
to correctional institutions or law enforcement officials;
for national security or intelligence purposes;
made as part of a limited data set for research, public health, or health care operations purposes; or
prior to April 14, 2003
Additionally, if we disclosed your information for research purposes pursuant to a waiver of authorization, we may not account for each disclosure of your information. Instead, we will provide for you: (1) the name of the research protocol or activity; (2) a description of the research protocol or activity including the purpose for the research and the criteria for selecting particular records (3) a description of the type of PHI disclosed; (4) the date or period of time when such disclosure occurred; and (5) the name, address and telephone number of the entity that sponsored the research and researcher to whom the information was disclosed. You are entitled to one free accounting within a twelve month period. Any additional accountings can be obtained for a reasonable fee.
- The right to be notified in the event that we discover a breach of unsecured information.
Exercising Your Rights
If you have questions about or privacy practices, please contact the Privacy Official at (503) 223-5907. Our office is open Monday through Friday from 9 a.m. to 5 p.m. If you believe your privacy rights have been violated, you may file a complaint with us by writing Appeals & Grievances at the Cascade AIDS Project.
You may also notify the Office of Civil Rights, U.S. Department of Health and Human Services of your complaint. We will not take any action against you for filing a complaint.