MASSACHUSETTS NOTICE FORM
Notice of Policies and Practices to Protect the Privacy of Your Health Information
THIS NOTICE DESCRIBES HOW PSYCHOLOGICAL AND MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
I. Uses and Disclosures for Treatment, Payment, and Health Care Operations
Children’s Aid & Family Service, Inc. (CAFS) may use or disclose your protected health information (PHI), for treatment, payment, and health care operations purposes with your consent. To help clarify these terms, here are some definitions:
- “PHI” refers to information in your health record that could identify you.
· “Treatment, Payment and Health Care Operations”
· Treatment is when CAFS provide, coordinate or manage your health care and other services related to your health care. An example of treatment would be when the CAFS therapist consults with another health care provider, such as your family physician or another therapist.
· Payment is when CAFS obtains reimbursement for your healthcare. Examples of payment are when CAFS discloses your PHI to your health insurer to obtain reimbursement for your health care or to determine eligibility or coverage.
· Health Care Operations are activities that relate to the performance and operation of CAFS’ therapists practice. Examples of health care operations are quality assessment and improvement activities, business-related matters, such as audits and administrative services, and case management and care coordination
- “Use” applies only to activities within the Children’s Aid & Family Service, Inc. facility, such as sharing, employing, applying, utilizing, examining, and analyzing information that identifies you.
- “Disclosure” applies to activities outside of the CAFS facility, such as releasing, transferring, or providing access to information about you to other parties.
II. Uses and Disclosures Requiring Authorization
CAFS may use or disclose PHI for purposes outside of treatment, payment, and health care operations when your appropriate authorization is obtained. An “authorization” is written permission above and beyond the general consent that permits only specific disclosures. In those instances when CAFS is asked for information for purposes outside of treatment, payment and health care operations, CAFS will obtain an authorization from you before releasing this information. CAFS will also need to obtain an authorization before releasing your psychotherapy notes. “Psychotherapy notes” are notes your therapist has made about your conversation during a private, group, joint, or family counseling session, which the therapist has kept separate from the rest of your medical record. These notes are given a greater degree of protection than PHI.
You may revoke all such authorizations (of PHI or psychotherapy notes) at any time, provided each revocation is in writing. You may not revoke an authorization to the extent that (1) CAFS has relied on that authorization; or (2) if the authorization was obtained as a condition of obtaining insurance coverage, and the law provides the insurer the right to contest the claim under the policy.
III. Uses and Disclosures with Neither Consent nor Authorization
CAFS may use or disclose PHI without your consent or authorization in the following circumstances:
- Child Abuse: If your therapist, in his/her professional capacity, has reasonable cause to believe that a minor child is suffering physical or emotional injury resulting from abuse inflicted upon him or her which causes harm or substantial risk of harm to the child's health or welfare (including sexual abuse), or from neglect, including malnutrition, the CAFS’ therapist must immediately report such condition to the Massachusetts Department of Social Services.
- Adult and Domestic Abuse: If your therapist has reasonable cause to believe that an elderly person (age 60 or older) is suffering from or has died as a result of abuse, the CAFS’ therapist must immediately make a report to the Massachusetts Department of Elder Affairs.
- Health Oversight: The Board of Registration for the therapist has the power, when necessary, to subpoena relevant records should the therapist be the focus of an inquiry.
- Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for information about your diagnosis and treatment and the records thereof, such information is privileged under state law and CAFS will not release information without written authorization from you or your legally-appointed representative, or a court order. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court-ordered. You will be informed in advance if this is the case.
- Serious Threat to Health or Safety: If you communicate to your therapist an explicit threat to kill or inflict serious bodily injury upon an identified person and you have the apparent intent and ability to carry out the threat, your therapist must take reasonable precautions. Reasonable precautions may include warning the potential victim, notifying law enforcement, or arranging for your hospitalization. The therapist must also do so if the therapist know you have a history of physical violence and the therapist believe there is a clear and present danger that you will attempt to kill or inflict bodily injury upon an identified person. Furthermore, if you present a clear and present danger to yourself and refuse to accept further appropriate treatment, and the therapist has a reasonable basis to believe that you can be committed to a hospital, the therapist must seek said commitment and may contact members of your family or other individuals if it would assist in protecting you.
- Worker’s Compensation: If you file a workers’ compensation claim, your records relevant to that claim will not be confidential to entities such as your employer, the insurer and the Division of Worker’s Compensation.
IV. Patient's Rights and Therapist's Duties
Patient’s Rights:
- Right to Request Restrictions – You have the right to request restrictions on certain uses and disclosures of protected health information about you. However, CAFS is not required to agree to a restriction you request.
- Right to Receive Confidential Communications by Alternative Means and at Alternative Locations – You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations. (For example, you may not want a family member to know that you are seeing a therapist at CAFS. Upon your request, CAFS will send your bills to another address.)
- Right to Inspect and Copy – You have the right to inspect or obtain a copy (or both) of PHI and psychotherapy notes in my mental health and billing records used to make decisions about you for as long as the PHI is maintained in the record. CAFS may deny your access to PHI under certain circumstances, but in some cases, you may have this decision reviewed. On your request, a CAFS’ therapist will discuss with you the details of the request and denial process.
- Right to Amend – You have the right to request an amendment of PHI for as long as the PHI is maintained in the record. CAFS may deny your request. On your request, CAFS will discuss with you the details of the amendment process.
- Right to an Accounting – You generally have the right to receive an accounting of disclosures of PHI for which you have neither provided consent nor authorization (as described in Section III of this Notice). On your request, CAFS will discuss with you the details of the accounting process.
- Right to a Paper Copy – You have the right to obtain a paper copy of the notice from CAFS upon request, even if you have agreed to receive the notice electronically.
The Therapist’s Duties at Children’s Aid & Family Service, Inc.:
- The therapist is required by law to maintain the privacy of PHI and to provide you with a notice of CAFS’ legal duties and privacy practices with respect to PHI.
- The therapist reserves the right to change the privacy policies and practices described in this notice. Unless CAFS notifies you of such changes, however, the therapist is required to abide by the terms currently in effect.
- If CAFS revises my policies and procedures, Children’s Aid & Family Service, Inc. will notify you of the revisions by mail.
Complaints
If you are concerned that your therapist has violated your privacy rights, or you disagree with a decision that CAFS made about access to your records, you may contact Dr. Betsy Gibson, Assistant Director, 978-345-4147 for further information.
You may also send a written complaint to the Secretary of the U.S. Department of Health and Human Services. The person listed above can provide you with the appropriate address upon request.
Effective Date, Restrictions and Changes to Privacy Policy
Effective April 14, 2003.
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