Notice of Privacy Practices

In accordance with HIPAA, Center for Healthy Sex does not disclose Protected Health Information (PHI) unless authorized or legally obligated to do so under law. Center for Healthy Sex’s full policies and practices are described in the following notice.

1. Notice of Privacy Practices

This notice describes how Center for Healthy Sex may use and disclose your Protected Health Information (PHI) to carry out treatment, payment, or health care operations. It also describes Center for Healthy Sex’s legal obligations concerning your PHI and your rights to access and control your PHI.  This notice takes effect on April 14, 2003, in accordance with the privacy regulations issued under the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA Privacy Regulations”).

PHI refers to individually identifiable health information, including actual medical information as well as your name, address, phone number, identification number or other identifiers, collected from you or created by or received by a health care provider, a health plan, or your employer and that relates to: 1) your past, present, or future physical or mental health condition; 2) the provision of mental health care to you; or 3) the past, present, or future payment for health care provided to you. 

Center for Healthy Sex is required by law to maintain the privacy of your PHI. Center for Healthy Sex is obligated to provide you with a copy of this Notice and Center for Healthy Sex must abide by the terms of this Notice. 

1. Uses and Disclosures of Protected Health Information (PHI):

Your PHI may be used and disclosed by your primary behavioral health provider (counselor and/or case manager), Center for Healthy Sex office staff and others outside of Center for Healthy Sex offices who are involved in your care and treatment for purposes of providing health care services to you, to pay your health care bills, to support the operation of Center for Healthy Sex practices, and any other use required by law.

Treatment: Center for Healthy Sex may use and disclose your PHI to provide, coordinate or manage your health care and other services related to your health care. This includes the coordination or management of your health care with a third party such as when Center for Healthy Sex staff consult with the criminal justice agent(s) you report to, or another health care provider, such as your family physician or another behavioral health professional.

Payment: Your PHI may be used, as needed, to obtain payment for your health care services.  Examples of payment are when Center for Healthy Sex discloses your PHI to the criminal justice agency that pays for your services or a health insurer to obtain reimbursement for your health care or to determine eligibility or coverage.

Health Care Operations:  Center for Healthy Sex may use and disclose your PHI for our health care operations.  These activities include but are not limited to: Quality assessment and improvement activities, employee review activities, training of behavioral health students, licensing, and conducting or arranging business-related matters such as audits and administrative services, and case management and care coordination.

Business Associates:  Center for Healthy Sex contracts with individuals and entities (business associates) to perform various functions on our behalf, which involves the use and/or disclosure of PHI. Business associates must agree in writing to appropriately safeguard your information.  

1. Uses and disclosures requiring authorization

Center for Healthy Sex may use or disclose PHI for purposes outside of treatment, payment, or health care operations when your written authorization is obtained. In those instances when Center for Healthy Sex is asked for information for purposes outside of treatment, payment or health care operations, Center for Healthy Sex staff will obtain an authorization from you before releasing this information.

You may revoke all authorizations of PHI at any time, provided each revocation is in writing.  You may not revoke an authorization to the extent that Center for Healthy Sex has taken an action in reliance on the use or disclosure indicated in the authorization.  However, for persons court-ordered or on probation or parole, if consent is given for disclosure to the criminal justice system, this consent may not be revoked (See 42 CFR, Part 2 for federal regulations governing confidentiality of alcohol and drug use clinical records).

1. Uses and Disclosures with Neither Consent nor Authorization

Center for Healthy Sex may use or disclose PHI without your consent or authorization in the following circumstances: 

• Required by Law – Center for Healthy Sex staff may use or disclose PHI in keeping with the law.
• Public Health – Center for Healthy Sex staff may use or disclose PHI for the purposes of controlling disease, injury or disability.
• Child Abuse – Center for Healthy Sex staff are required to report PHI to the appropriate authorities when there are reasonable grounds to believe that a minor is or has been the victim of neglect or physical and/or sexual abuse.
• Adult Abuse – If you have the responsibility for the care of an incapacitated or vulnerable adult, Center for Healthy Sex staff are required to disclose PHI when there is reasonable basis to believe that abuse or neglect of the adult has occurred or that exploitation of the adult’s property has occurred.

• Health Oversight Activities – If the California Department of Healthcare Services or other oversight entity is investigating, then Center for Healthy Sex is required to disclose PHI upon receipt of notice.

• Legal Proceedings – Center for Healthy Sex may disclose your PHI: 1) during any judicial or administrative proceeding; 2) in response to an order of a court; and 3) in response to a subpoena, a discovery request, or other lawful process.
• Serious Threat to Health or Safety – If you communicate to any Center for Healthy Sex staff an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim(s) and it is believed you have the intent and ability to carry out such a threat, Center for Healthy Sex staff have a duty to take reasonable precautions to prevent the harm from occurring, including disclosing information to the potential victim and the police and in order to initiate hospitalization procedures.  If staff believes there is an imminent risk that you will inflict serious harm on yourself, staff may disclose information in order to protect you. 

• Appointment Reminders – Center for Healthy Sex staff may use or disclose PHI to set up appointments or provide you with appointment reminders (such as answering machine/voicemail messages, letters).
• Potential Impact of State Law – In some situations, the HIPAA Regulations do not take the place of state privacy or other laws that provide individuals greater privacy protections. As a result, the privacy laws of California, or other federal laws, rather than the HIPAA Privacy Regulations, might impose a privacy standard under which Center for Healthy Sex will be required to operate. For example, records from drug and alcohol programs may be subject to additional restrictions (See 42 CFR, Part 2 for federal regulations governing confidentiality of alcohol and drug use clinical records).

1. Patient’s Rights and Center for Healthy Sex Staff Duty

• Right to Inspect and Copy – You have the right to inspect or obtain a copy (or both) of PHI in Center for Healthy Sex’s clinical and billing records used to make decisions about you for as long as the PHI is maintained in the record.  Center for Healthy Sex may deny your access to PHI under certain circumstances (such as information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, and PHI that is subject to law that prohibits access to PHI). If you request a copy of the information, Center for Healthy Sex may charge a fee for the costs of copying, mailing, or other supplies associated with your request.

• Right to Request a Restriction – You have the right to request restrictions on certain uses and disclosures of protected health information.  However, Center for Healthy Sex is not required to agree to a restriction you request. If Center for Healthy Sex agrees to the restriction, we will comply with the restriction unless the information is needed to provide emergency treatment to you or unless the use or disclosure is otherwise permitted or required by law.

• Right to Request to Receive Confidential Communications by Alternative Means or 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 in treatment at Center for Healthy Sex).  On your request, Center for Healthy Sex will send you communications at another address.

• Right to Request Amendment of PHI – You have the right to request an amendment of your PHI (in writing with an explanation of why the information should be amended) from the Center for Healthy Sex staff you are working with. Center for Healthy Sex may deny your request under certain circumstances.

• Right to an Accounting – You have the right to receive an accounting of certain disclosures (other than for treatment, payment, and healthcare operations) made by Center for Healthy Sex staff or our business associates of your PHI. Your request may be for disclosures made up to 6 years before the date of your request but may not include disclosures made before April 14, 2003. If you request an accounting more than once in a 12-month period, Center for Healthy Sex may charge you a reasonable fee for responding to these requests.

1. Further Information.

If you would like further information about Center for Healthy Sex’s privacy policies, you may contact the Practice Administrator at 310-843-9902.