Privacy Policy

How We May Use and Disclose Health Information About You

• Treatment.  We may use your PHI to provide, coordinate, or manage your care and any related services including sharing information with others outside of RMS that we are consulting with or referring you to for your care, such as a specialist, laboratory, or pharmacy. In particular, treatment at RMS may include frequent care coordination between affiliates New Day Recovery, On Demand Counseling, and On Demand Occupational Medicine.

• Payment.  Generally, we will obtain your authorization to use your PHI to obtain payment for your services. We may use or disclose your PHI for such reasons as determining if you have insurance benefits, and if they will cover your treatment, processing claims with your insurance company, reviewing services provided to you to determine medical necessity, or undertaking utilization review activities.

• Healthcare Operations. We may use or disclose your PHI, as needed, to coordinate our business activities and to share PHI with third parties that provide services to us such as billing or computer services, quality assessment activities, employee review activities, training of students, or other services who have entered into agreements promising to maintain the confidentiality of your PHI.

• Contact with our Patients.   We may use or disclose your PHI for patient activities and to contact you.  We may also use a sign-in sheet at the registration desk where you will be asked to sign your name and indicate your physician or counselor. We may also call you by name in the waiting room when it is time to be seen.  We may contact you by phone or text to remind you of your appointments.  We may leave voice messages at the telephone number you provide to us.  If you choose to have us contact you by text, texting charges may apply.  If we contact you, you can tell us to contact you in another way or opt out of future contacts.  We may contact you to provide information to you about treatment alternatives or other health-related benefits and services that may be of interest to you.

• Required by Law.  We may use or disclose your PHI if it is required by law.  For example, we must make disclosures of your PHI to you upon your request and we must make disclosures to the Secretary of the Department of Health and Human Services for the purpose of investigating or determining our compliance with the Privacy Rule.  We may also disclose your PHI if a court issues a subpoena and appropriate order and follows required procedures.

• Health Oversight.  We may disclose PHI to a health oversight agency for activities authorized by law, such as audits, investigations, licensure and accreditation inspections.  Oversight agencies seeking this information include government agencies and organizations that provide financial assistance to RMS (such as third party payers) and peer review organizations performing utilization and quality control.

• Medical Emergencies.  We may use or disclose your PHI in a medical emergency situation to medical personnel only. 

• Child Abuse or Neglect. We may disclose your PHI to a state or local agency as authorized by law to receive reports of child abuse or neglect. We only disclose necessary information to make the initial mandated report.

• Deceased Clients.  We may disclose PHI of deceased clients for the purpose of determining the cause of death, in connection with laws requiring the collection of death or other vital statistics, or permitting inquiry into the cause of death.

• Research.  Information that has no identifying information or is part of a limited data set may be used for research purposes without your authorization. PHI may only be disclosed for research purposes after a special approval process or with your authorization.

• Court Order.  We may disclose your PHI if the court issues an appropriate order and follows required procedures.

• Law Enforcement.  We may disclose your PHI to law enforcement officials if you have committed a crime on program premises or against program personnel.

• Public Health.  We may use or disclose your PHI in certain limited circumstances to a public health authority authorized by law to collect or receive such information for purposes of preventing or controlling disease, injury, or disability.

• Redisclosure. Records that are disclosed to a Part 2 program, covered entity, or business associate pursuant to the patient’s written consent for treatment, payment, and health care operations may be further disclosed by that Part 2 program, covered entity, or business associate, without the patient’s written consent, to the extent the HIPAA regulations permit such disclosure.

• Single TPO Consent. A patient may provide a single consent for all future uses or disclosures for treatment, payment, and health care operations purposes. RMS will only use and disclose your protected information as described in this notice, or with your written consent. You may revoke your consent at any time, except to the extent that RMS has acted in reliance upon it. You may revoke consent via written signature or you may request reasonable accommodation for an alternative revocation process by contacting personnel at your assigned facility.
• Criminal Investigations. Records, or testimony relaying the content of such records, shall not be used or disclosed in any civil, administrative, criminal, or legislative proceedings against you unless based on your specific written consent or a court order. Records shall only be used or disclosed based on a court order after notice and an opportunity to hear is provided to you (the patient) and/or the holder of the record, where required by 42 USC§290dd-2 and 42 CFR Part 2. A court order authorizing use or disclosure must be accompanied by a subpoena or other similar legal mandate compelling disclosure before the record is used or disclosed.

Rights Regarding Your PHI

• Inspect and Copy Your PHI. You can view and get a copy of your PHI that is contained in a designated record set for as long as we maintain the record.  A “designated record set” contains medical and billing records and any other records that RMS uses to make decisions about you.  If we maintain a copy of your PHI in an electronic format, then we will provide that PHI to you electronically upon your request.  We may charge you a reasonable cost-based fee for the copies. We can deny you access to your PHI in certain circumstances.

• Amend Your PHI.  You may request, in writing, that we amend your PHI in your records. We may deny your request in certain cases.  You have a right to file a statement of disagreement with us.

• Accounting of PHI Disclosures.  You may request an accounting of disclosures for certain other disclosures.  We may charge you a reasonable fee if you request more than one accounting in any 12-month period.

• Restrictions on Disclosures and Uses of PHI.  You have the right to restrict disclosures of PHI to your health plan where you have paid for the services out of pocket and in full.  As a convenience to our patients, at some locations we offer text message appointment reminders.  There are privacy risks to texting and text messages may be accessed by others.  You may opt out of receiving text messages at any time by notifying Medical Records.

• Revocation of Release. You have the right to revoke a release of information which you previously rendered as valid. Revocation of releases can be completed with electronic signature. If unable to sign electronically, a revocation of release must be submitted in writing and must include specific releases to be revoked, your signature, and the date of which it was completed. These releases can be given to any staff member and will in turn be submitted for review and implementation. Upon receipt of a valid revocation letter, releases will be revoked and documentation of such reflected in your personal record.

• Confidential Communications.  You have the right to request to receive confidential communications from us by alternative means or at an alternative location.  We will accommodate reasonable, written requests. We may also condition this request by asking you for information regarding how payment will be handled or specification of an alternative address or other method of contact.

• Breach Notification. If there is a breach of unsecured PHI concerning you, we may be required to notify you of this breach.

• Complaints. If you believe your privacy rights have been violated, you have the right to file a complaint in writing to us in-person or by mail to the address above. We will not retaliate against you for filing a complaint. You may also file a complaint with the U.S. Secretary of Health and Human Services. You may do so by contacting the HHS Office for Civil Rights at https://www.hhs.gov/hipaa/filing-a-complaint/index.html. A patient is not required to report an alleged violation either to the Secretary or the part 2 program but may report to either or both.

Notice to Substance Abuse Patients

PATIENT GRIEVANCE PROCEDURE

• Procedure

  Upon admission, each client will be provided with a copy of the client grievance

  procedure (client handbook and posted in common area). Upon written request, any other person may receive a copy of the policy and procedure. Receipt of the client grievance procedure is documented by client’s dated signature in his/her individual client record.

  All grievances must be written, dated and signed by the client or the person filing the grievance on behalf of the client and should include the date, approximate time, description of the incident and names of the individuals involved in the incident/situation being grieved. Grievances should be given to the onsite client rights/grievance officer (program supervisor), or in the event the client rights officer is not on premises, the grievance can be given to the Client Rights Advocate. Any program supervisor will assist you in filing a grievance upon your request. All grievances, including a copy of the grievance, documentation reflecting the process used, resolution/remedy of the grievance, and if applicable, notation of extending the time for resolving the grievance beyond twenty (20) working days will be kept on file two years from resolution.

  1. If conflict occurs between a client, his/her legal guardian, and On Demand Counseling, the counselor will first attempt to facilitate a resolution to the complaint (formal) or internal grievance.
  2. Should a resolution at this level not occur, the program supervisor acting as onsite client rights/grievance officer will intervene for remedy.
  3. Should a resolution at this level not occur, the program supervisor will assist in seeking resolution via the Client Rights Advocate through referral for initiation of the formal grievance procedure.

   

  Formal Grievance Procedure via Client Rights Advocate

  Written acknowledgment of receipt of a formal grievance will be provided within three (3) working days and includes:

  • Date grievance received
            •    Summary of grievance
                •    Overview of investigation process
                •    Facility contact person ‘s name, address, and phone number

  The Client Rights Advocate will attempt to bring about a resolution to your complaint and provide you with a written and oral explanation of the resolution within seven (7) working days of your initiation of the complaint.

  If after following this step you are still not satisfied, you may appeal to the Chief Executive Officer within five (5) working days of receiving the decision of the Client Rights Advocate.

  Within five (5) working days of your appeal, the Chief Executive Officer will schedule time to meet with you to discuss your complaint. 

  Within four (3) working days of your meeting with the Chief Executive Officer, you will be provided, in writing, the Chief Executive Officer’s determination regarding your complaint.

  A final resolution decision will be made within twenty (20) working days of receipt of the complaint, followed by written response to the client.

  Any exceptions that cause this time to be extended will be documented in the grievance file and written notification will be given to the client or persons filing grievances on the client’s behalf prior to twenty (20) working days post initiation. Any extenuating circumstances that necessitate a need for an extension will be given to client in writing.

  If the hearing by this facility does not settle the grievance to your satisfaction, or you do not want to bring your grievance to this agency, then you may take it to ADAMHS board in county of facility.

  At any time, clients or persons filing grievances on the client’s behalf have the right and

  option of the griever to initiate a complaint with any or all of several outside entities,

  specifically the appropriate County MHR/ADAMHS Board, OhioMHAS, ASAM, the Disability Rights Ohio, the U.S. Department of Health and Human Services, and appropriate professional licensing/accrediting or regulatory boards, bodies or associations. 

  
  The Client Rights Advocate will be available to help you prepare and present your grievance if you so desire, and such request is submitted in writing.

  4. Both client and his/her family members may utilize the existing grievance procedures if desired. The person served may also make a formal complaint re: On Demand Counseling that includes notification of and applies the following:
     • That action will not result in retaliation or barriers to service;
     • How efforts will be made to resolve the complaint;
     • How the procedures for review will be explained to the persons served in a manner that is understandable;
     • Levels of review and the availability of external review;
     • Time frames that are adequate for prompt consideration and that result in timely decisions for the person served;
     • Procedures for written notification regarding the actions to be taken to address the complaint;
     • The rights and responsibilities of each party;
     • The availability of advocates or other assistance;

  1. • Grievance procedures are made readily available and understandable to the persons served. Each client or guardian will be provided with a copy of the client grievance procedures. Upon written request, any other person may receive a copy of the policy and procedure. Receipt of the client grievance procedure is documented by client’s dated signature in his/her individual client record.

  1. • Grievance policies provide definition of a formal complaint and documents formal complaints received, as well as grievances.

  Analysis of Formal Complaints and Grievances

  Grievances and appeals filed are reviewed annually by the Leadership Team to determine and document whether formal complaints were received, identify trends in complaints along with identifying areas for performance improvement (analysis of formal complaints and grievances). Upon annual review, information regarding actions to address the improvement needed, implementation of the actions, and whether the actions taken accomplished the intended results are documented including but not limited to:

  • -Complaint categories and frequency
  • -Root Cause Analysis
  • -Resolution and Effectiveness of Actions
  • -Recommendations for Improvement
  • -Conclusion

  The Client Rights Advocate will arrange for annual mandatory staff training on the client’s grievance procedures.

   

  Reviewed with all clients as part of their program orientation and handbook – acknowledgement of receipt signed by client in EMR: