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Notice of Privacy Practices

This notice describes:

  • HOW HEALTH INFORMATION AND/OR PROGRAM COMPLIANCE RECORDS MAY BE USED AND DISCLOSED.

  • YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION AND/OR PROGRAM COMPLIANCE RECORDS.

  • HOW TO FILE A COMPLAINT CONCERNING A VIOLATION OF THE PRIVACY OR SECURITY OF YOUR HEALTH INFORMATION, OR OF YOUR RIGHTS CONCERNING YOUR INFORMATION.  YOU HAVE A RIGHT TO A COPY OF THIS NOTICE (IN PAPER OR ELECTRONIC FORM) AND TO DISCUSS IT WITH OHIOPHP’S LEGAL COUNSEL, VALERIE JAMA, AT 614-841-9690 AND VJAMA@OHIOPHP.ORG IF YOU HAVE ANY QUESTIONS.

 

This Notice of Privacy Practices is NOT an authorization.  This notice describes the protections for records related to our monitoring program activities, including the acquisition and utilization of substance use disorder treatment records, which are subject to the protection outlined in 42 U.S.C. § 290dd-2 and 42 C.F.R. Part 2.

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Your Rights

You have certain rights when it comes to your health information contained in your records. This section explains those rights and some of our responsibilities.

 

The Ohio Professionals Health Program (“OhioPHP”) is a non-profit corporation formed to provide monitoring services either through voluntary referral or at the behest of Ohio licensing agencies. While OhioPHP provides monitoring services and helps to coordinate assessments, evaluation, and treatment for SUD and other conditions, OhioPHP is not a treatment provider, nor is the relationship between OhioPHP and you a provider-patient relationship.

 

Since OhioPHP is not a treatment provider, our records are not medical records, subject to traditional disclosure rights. Certain records pertaining to your monitoring program can and will be made available to you upon appropriate request; however, records OhioPHP has obtained from your treatment providers are not subject to redisclosure. You must request copies of your medical records directly from your treatment provider(s), not OhioPHP.

 

Participation in OhioPHP’s monitoring program, including the Confidential Monitoring Program and/or the Safe Haven Program, is subject to Ohio law, including mandatory reporting requirements in certain instances.

 

You have the right to:

  • Request disclosure of your monitoring program records unless said records are confidential work product and/or trade secret materials.

  • An accounting of disclosures made with your prior consent.

  • Request restrictions of disclosures made with your prior consent for purposes of treatment, payment, and health care operations.

  • Get a copy of this notice. Even if you have agreed to receive this notice electronically, you can ask for a paper copy of this notice at any time. You can also find a copy of this notice on our webpage at https://www.ohiophp.org/notice-of-privacy-practices.

  • Discuss this Notice of Privacy Practices with a designated contact person at OhioPHP.

  • File a complaint if you feel your privacy rights are violated. If you feel your privacy rights have been violated, you may contact the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-800-368-1019, TTD Number 1-800-537-7697, or visiting www.hhs.gov/hipaa/filing-a-complaint/index.html. In addition to and/or alternatively, you may contact OhioPHP’s Legal Counsel, Valerie Jama, at 614-841-9690 / vjama@OhioPHP.org. OhioPHP will not retaliate against you for filing a complaint.

 

How We May Use/Share Your Records Without Consent

Generally, OhioPHP may only use or disclose your records with your written consent. However, OhioPHP is permitted by law to disclose your records without your written consent in the circumstances that follow:

 

  • Medical Emergency: We may use or disclose your records to health care providers when it is necessary to meet a true medical emergency and your prior written consent cannot be obtained, if we are closed and unable to provide services or obtain your consent during a temporary state of emergency declared by a state or federal authority as a result of a natural or major disaster until we resume operations.

  • Mandatory Reporting: We may disclose your records in response to mandatory reporting obligations.

  • Court Order: We may disclose your records in instances of a lawful order arising from a civil, criminal or administrative proceeding against you that complies with the requirements of federal and state law.

  • Your records, or testimony relaying the content of such records, shall not be used or disclosed in any civil, administrative, criminal, or legislative proceedings unless based on specific written consent or a court order.  In such instances, any consent to use and/or disclose records in a civil, criminal or administrative proceeding may not be combined with consent for any other purpose.

  • Your records shall only be used or disclosed based on a court order after notice and an opportunity to be heard is provided to you or the holder of the record, where required by law.

  • 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.

  • Scientific Research: Under certain circumstances, we may use and disclose your records without your consent for research purposes. Generally, we would first obtain your written consent; however, in certain circumstances, we may be permitted to use or disclose your records for research purposes without your consent to the extent permitted by federal and/or state regulations. The contents of the information from the records disclosed will be de-identified so that there will be no reasonable basis to believe that the information can be used to identify you.

  • Management and Financial Audits and Program Evaluation: We may use or disclose your records to perform financial and management audits and evaluations. The contents of the information from the records disclosed will be de-identified so that there will be no reasonable basis to believe that the information can be used to identify you.

  • Public Health: We may disclose to a public health authority your records for public health purposes. However, the contents of the information from the records disclosed will be de-identified so that there will be no reasonable basis to believe that the information can be used to identify you.

  • Commission of a Crime: We may disclose your records to law enforcement if your records are related to your commission of a crime on our property, against our employee or other member of our workforce, or the threat to do either. Any disclosure for this purpose will be limited to circumstances of the incident, your name, address, and last known whereabouts.  

  • Child Abuse/Neglect: We may disclose your records when it is necessary to report incidents of suspected child abuse or neglect to the appropriate state or local authorities. However, we may not disclose your records as part of any civil or criminal proceeding against you that may arise from any report of suspected child abuse or neglect.

  • Fundraising: We may only use or disclose your records to fundraise on behalf of our program if you have been given the opportunity to elect not to receive fundraising communications.

  • Business Associates: We may disclose records to a covered entity or business associate, pursuant to your written consent, to the extent the HIPAA regulations permit such disclosure.

 

How We May Use/Share Your Records With Consent

We may use or disclose your records with your written consent for the purposes described below:

 

  • Designated person or entities. We may use and disclose your records in accordance with your consent to any person or category of persons identified or generally designated in your consent. For example, if you provide written consent naming your spouse or a healthcare provider, we will share your health information with them as outlined in your consent until such time you revoke such consent in writing or such consent expires.

  • Treatment, Payment, and Health Care Operations Purposes. We may use or disclose your records between or among personnel having a need for the information in connection with their duties that arise out of the provision of diagnosis, treatment, or referral for treatment of alcohol or drug abuse.

 

You may provide a single consent for all future uses or disclosures for treatment, payment, and health care operations purposes. We will only make disclosures not described in this notice with your written consent.

 

Our Responsibilities

We will not use or share your program information in ways other than outlined in this notice unless you tell us we can in writing. You may revoke your permission in writing at any time, and we will no longer use or share that information, but we are unable to restrict any sharing of your information before you revoke your permission. If you wish to revoke your permission, you must contact OhioPHP’s Legal Counsel, Valerie Jama, at 614-841-9690 / vjama@OhioPHP.org.

 

We are required by law to maintain the privacy and security of your records. We must provide you with a copy of this notice and follow the legal duties and privacy practices described in it. If a breach that may have compromised the privacy or security of your unsecured records occurs, we will promptly notify you.

 

We are required to follow the terms of the notice currently in effect. We can change the terms of this notice, and any changes will apply to all information we have about you. The new notice will be distributed to program participants as soon as possible after the notice is revised, and the new Notice of Privacy Practices will be posted in our facilities and on our website at https://www.ohiophp.org/notice-of-privacy-practices.

 

If you have questions about this Notice of Privacy Practices or wish to discuss this Notice of Privacy Practices, please contact OhioPHP’s Legal Counsel, Valerie Jama, at 614-841-9690 / vjama@OhioPHP.org.

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