Privacy Policy

All patient information must be considered to be confidential, and as such, must not be discussed with unauthorized outside parties. Those outside parties with whom patient information may be discussed are those persons or agencies authorized by the client to receive such information, or those persons or agencies empowered through the legal process to have access to such data.

In the event a patient is a minor child, he or she may be required to sign releases of information for a parent or legal guardian for the purpose of the parent of legal guardian authorizing payment from a third-party payor. Minors will also be required to sign a release of information for the purpose of his/her parent(s) or legal guardian to authorize medical treatment in the event of a medical emergency.

Within facilities operated by Pioneer Recovery Center a client’s name, condition, personal affairs or treatment may be discussed only among staff members or contracted personnel who are directly involved with the welfare of the client. This policy pertains to those client’s who are relatives or acquaintances of staff members, as well as those who are not.

Violation of this policy on client confidentiality may be grounds for disciplinary actions, including immediate dismissal.

Exceptions to confidentiality of case-records are acceptable for the following instances and limited to the client’s name, address and circumstances of the incident:

1. If a client threatens harm to him/herself or others, a staff person is required by law to warn the person threatened and to report the threat to the appropriate authorities.
2. If a staff person has reasonable grounds to believe that physical or sexual abuse or neglect of a minor or a vulnerable adult has occurred, the staff person is required by law to report such suspected abuse or neglect to the appropriate authorities. (See Policy PRO-105). In the case of vulnerable adults, the staff person shall seek a release of information from the victim before reporting the suspected abuse or
   neglect (these should be signed at intake).
3.  A counselor or therapist may breach confidentiality of a minor client if, in the reasonable judgement of the counselor or therapist, it is in the best interests of the minor client to do so.

A written consent to a disclosure under the Part 2 regulations must be in writing and include all of the following items (42 CFR § 2.31):

1.  the specific name or general designation of the program or person permitted to make the disclosure;
2. the name or title of the individual or the name of the organization to which disclosure is to be made;
3. the name of the patient;
4. the purpose of the disclosure;
5. how much and what kind of information to be disclosed;
6. the signature of the patient and, when required for a patient who is a minor, the signature of a person authorized to give consent under § 2.14; or, when required for a patient who is incompetent or deceased, the signature of a person authorized to sign under § 2.15 in lieu of the patient;
7. the date on which the consent is signed;
8. a statement that the consent is subject to revocation at any time except to the extent that the program or person which is to make the disclosure has already acted in reliance on it. Acting in reliance includes the provision of treatment services in reliance on a valid consent to disclose information to a third party payer; and
9. the date, event or condition upon which the consent will expire if not revoked before. This data, event, or condition must insure that the consent will last no longer than reasonably necessary to serve the purpose for which it is given.

Responsibility:

All employees are responsible for keeping client information confidential. Supervisors are responsible for stressing this point in the orientation of new employees.

Procedure:

While a client is in treatment, his/her therapist or any other staff member may release information only with the written consent of the client. Before releasing any information on any client, the therapist or other staff members shall first have the client complete an “Authorization for Consent to Release Information”, for each person or agency to which information is to be released. Consent shall expire in thirty (30) days, unless consent is given otherwise on the form. The client must complete a new form if information is to be released after the consent expires.

In cases in which outside agencies or persons claim to be legally empowered to receive client information, the therapist or staff member shall require documentation of such authority before releasing any client information. Should the client receive any phone calls from outside parties where a release has not been signed, the statement:

“Due to client confidentiality and federal regulations, I cannot disclose whether or not that person is here. If you do believe that person is here, I can take a message and if the person is here or chooses to respond, they can call you back at their designated call time”
The same procedures shall apply after a client has left treatment.

Please see the Document “The Confidentiality of Alcohol and Drug Abuse Patient Record Regulation and the HIPAA Privacy Rule: Implications for Alcohol and Substance Abuse Programs June 2004” published by the US Department of Human Services contained as an appendix in the PRC Policy Binder.