Notice of Privacy Practices
Beginning April 14, 2003 all health care organizations began to comply with the provisions of federal legislation entitled “Health Insurance Portability and Accountability Act” (HIPAA). The purpose of this legislation is to safeguard the security of protected health information (PHI) while also standardizing the electronic transmittal of health information for payment, treatment and health care operations. Additional regulations went into effect in 2013 and were added to Child Guidance Center operations as well as this privacy notice.
Child Guidance Center has historically protected the release of PHI by requiring that the official/legal guardian of a child sign a release for each disclosure to an individual or organization. This policy will continue for most disclosures.
There are situations when Child Guidance Center is required to release information, with or without your consent:
- State law requires that any suspicion of child abuse or neglect, domestic violence in a home where a child resides, or abuse or neglect of an elderly or disabled individual must be reported to the Department of Children and Families.
- Relevant clinical information may be shared with a Child Protective Investigator if an abuse or neglect report is under investigation.
- Relevant clinical information may be shared with a detective/police officer if the Florida Abuse Registry transfers a report of sexual abuse to the Jacksonville Sheriff’s Office.
- Laws covering public health require reporting public health risks when someone is exposed to a disease or is at risk for contracting or spreading a disease or condition.
- Cases that are subpoenaed by the Court.
Information about your child is sent electronically for example: fax, e-mail, encoded Internet sites, data warehouses held by our funders or other business partners. This information is protected and is kept confidential by everyone involved as there are stiff federal fines and prison terms if someone is found guilty of misuse of PHI information.
Procedural Information Regarding Your Rights
- Child Guidance Center is obligated to provide clients and their guardians with a Notice of Privacy Practices.
- The Privacy Rule (federal law) permits Child Guidance Center to disclose the minimum necessary PHI to obtain payment, provide treatment or for other health care operations (HCO) without your express consent.
- Treatment—the client’s PHI may be shared for the following reasons:
- The client’s case may be discussed in the course of clinical supervision.
- If there is substantial likelihood that the client will cause serious bodily harm to him/herself or others and a Baker Act is warranted, relevant information will be shared with the transporting police officer and the Baker Act receiving facility.
- Care coordination and consultation amongst the client’s Child Guidance Center practitioners.
- Payment and Health Care Operations—the client’s PHI may be shared according to the following conditions:
- If insurance or Medicaid is being billed for treatment, the diagnosis, method of treatment and dates of visits are submitted to the carrier. The carrier may also request other specific information such as expected length of treatment. However, if you have self-paid for all of the client’s services at Child Guidance Center you may restrict disclosure of the PHI to your insurance carrier.
- The client’s PHI may be shared with the representatives of funding sources, i.e. The Alcohol, Drug and Mental Health division of the State of Florida Department of Children and Families and the Jacksonville Children’s Commission. Charts are also reviewed by the Commission on Accreditation of Rehabilitation Facilities (CARF) as part of our agency’s accreditation process. This information is used to receive payment or to assist with health care operations such as quality improvement clinical guidelines development.
- The Jacksonville Children’s Commission requests basic applicant information to determine who is accessing this program. The information you provide is for use by us and the Commission and will not be shared unless you specifically authorize it.
- HCO includes quality improvement activities, employee performance evaluation, health care fraud and abuse detection or compliance activities, and other administrative needs.
- Was not created by Child Guidance Center
- Is not part of the information kept by or for Child Guidance Center
- Is not part of the information you would be permitted to inspect and copy, or
- Is accurate and correct.
Child Guidance Center is required by law to protect your child’s health information in all forms: electronic, written or spoken as outlined in this policy notice. All of our employees and business partners that have access to your child’s protected health information are responsible for protecting that information.
However, if there should be a breach that resulted in the unauthorized acquisition, access, use or disclosure of protected health information which compromises the security or privacy of the individual’s protected health information we are required to notify you in no more than 60 days in a written format.
Last revision 1/8/2016