Notice of Privacy Practices

Notice of Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

In this Notice, “The Recovery Doctor,” “we,” “us,” and “our” refer to The Recovery Doctor and its physicians, practitioners, employees, contractors, and other personnel involved in your care.

Who Will Follow This Notice

This Notice of Privacy Practices (the “Notice”) describes the privacy practices of The Recovery Doctor and of everyone working on our behalf who is involved in your care. We will follow the terms of this Notice and may use or disclose medical information about you, including protected health information (“PHI”) and substance use disorder records, to carry out treatment, payment, and health care operations, and for other purposes permitted or required by law.

This Notice also describes your rights to access and control medical information about you, including information that may identify you and that relates to your past, present, or future physical or mental health condition and related health care services. A treatment program or physician that sees you outside of The Recovery Doctor may follow its own policies and its own Notice of Privacy Practices.

Our Pledge Regarding Your Medical Information

We understand that medical information about you and your health is personal, and we are committed to protecting it. We create a record of the care and services you receive from us so that we can provide quality care and meet legal requirements. This Notice applies to all records of your care that we create or maintain, including confidential substance use disorder records.

We are required by law to:

  • Keep medical information that identifies you private;
  • Give you this Notice of our legal duties and privacy practices concerning medical information about you;
  • Follow the terms of the Notice currently in effect; and
  • Notify you if there is a breach of your unsecured medical information.

We use administrative safeguards (such as security awareness training and written policies and procedures), technical safeguards (such as encryption and access controls), and, where applicable, physical safeguards to protect your medical information.

For information on how we use and disclose substance use disorder records, please see the section of this Notice entitled “Confidentiality of Substance Use Disorder Records (42 CFR Part 2)”.

How We May Use and Disclose Your Medical Information

Our clinicians and staff are required to keep your PHI confidential. In some situations the law allows us to use and disclose certain PHI without your written authorization. These uses and disclosures are described below, with examples. The amount of information used or disclosed will be limited to what is needed for the purpose. For example, sending an appointment reminder requires very little information, while providing clinical treatment may require more.

Information covered by 42 CFR Part 2 receives additional protection. We will not disclose that information without your written consent except in a medical emergency, as otherwise permitted by law, and as described in the section entitled “Confidentiality of Substance Use Disorder Records (42 CFR Part 2)”.

  1. We may use medical information about you to provide, coordinate, or manage your care and related services. We may share information with our physicians and practitioners, the treatment program where you receive care, your attending physician, and other providers involved in your treatment. We may also share information with family members or others involved in your continuing care after you leave a treatment program, as permitted by law.
  2. We may use and disclose medical information so that we can bill and be paid for the services you receive. For example, we may give information to your health plan or to a government program such as Medicare or Medicaid (including Medi-Cal) about your treatment, or ask your health plan whether a proposed treatment will be covered.
  3. Health Care Operations. We may use and disclose medical information for activities necessary to run our practice, such as quality review, compliance activities, training, administrative purposes, contractual obligations, and the handling of grievances or legal matters. For example, we may review your care to evaluate the performance of our staff and contractors.
  4. Business Associates. We may share medical information with business associates that perform services for us, such as billing, information technology, and legal services. Business associates must agree in writing to protect your information.
  5. Appointment Reminders and Health-Related Services. We may use medical information to remind you of appointments or to tell you about treatment alternatives or other health-related services that may be of interest to you.
  6. Individuals Involved in Your Care. Unless you object, we may share medical information with a family member, relative, close friend, or any other person you identify who is involved in your care or in paying for your care. We may also notify your family, personal representative, or another person responsible for your care of your location, general condition, or death.
  7. Disaster Relief. We may disclose medical information to a public or private entity assisting in disaster relief so that your family can be notified of your condition, status, or location. If you are not available, are unable to agree or object, or in an emergency, we will use professional judgment to decide whether the disclosure is in your best interest.

If you would like to object to this disclosure, please notify our Privacy Officer in writing using the contact information in this Notice.

  1. We may use limited contact information, such as your name, address, and phone number, to contact you about activities we sponsor, including fundraising. You have the right to opt out of fundraising communications. Each fundraising communication will explain how to opt out, and you may also opt out at any time by contacting our Privacy Officer. Substance use disorder records will be used for fundraising only with your written consent.
  2. As Required by Law. We will disclose medical information when required to do so by federal, state, or local law.
  3. Workers’ Compensation. We may release medical information for workers’ compensation or similar programs that provide benefits for work-related injuries or illness.
  4. Public Health Activities. We may disclose medical information for public health activities, including: (1) preventing or controlling disease, injury, or disability; (2) reporting deaths; (3) reporting abuse or neglect of children, elders, and dependent adults; (4) reporting reactions to medications or problems with products; (5) notifying people of product recalls; and (6) notifying a person who may have been exposed to, or may be at risk of spreading, a disease or condition.
  5. Health Oversight Activities. We may disclose medical information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections, and licensure actions.
  6. Lawsuits and Disputes. We may disclose medical information in response to a court or administrative order, subpoena, discovery request, or other lawful process, subject to the requirements of applicable law.
  7. Law Enforcement. If asked by law enforcement, and as authorized or required by law, we may release medical information: (1) to identify or locate a suspect, fugitive, material witness, or missing person; (2) about a suspected victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement; (3) about a death suspected to be the result of criminal conduct; (4) about criminal conduct on our premises; and (5) in a medical emergency, to report a crime, the location of the crime or victims, or the identity, description, or location of the person who committed the crime.
  8. Coroners, Medical Examiners, and Funeral Directors. We may release medical information to a coroner or medical examiner, for example to identify a deceased person or determine the cause of death, and to funeral directors as needed to carry out their duties. We may also release information to a family member, close personal friend, or other person who was involved in your care or payment for your care before your death, unless you have told us otherwise. Federal privacy protections for medical information end fifty (50) years after the date of death.
  9. Specialized Government Functions. We may disclose medical information to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
  10. Individuals in Custody. If you are an inmate or in the custody of a law enforcement official, we may release medical information to the correctional institution or law enforcement official responsible for you, as authorized or required by law.
  11. Serious Threat to Health or Safety. We may use or disclose medical information when necessary to prevent or lessen a serious and imminent threat to your health or safety, or to the health or safety of another person or the public. Any disclosure will be made only to someone able to help prevent the threat and will be limited to what the law permits.

Uses and Disclosures That Require Your Authorization

Except as otherwise permitted or required by the HIPAA Privacy Rule (45 CFR Parts 160 and 164), we will not use or disclose your medical information for the following purposes without your written authorization:

  1. Substance Use Disorder Records. Please see the section entitled “Confidentiality of Substance Use Disorder Records (42 CFR Part 2)”.
  2. Psychotherapy Notes. We must obtain your written authorization to use or disclose psychotherapy notes, except for the following:
    • Use by the clinician who wrote the notes, for your treatment;
    • Use or disclosure for our own supervised training programs in which students, trainees, or practitioners in mental health learn to improve their skills in group, joint, family, or individual counseling;
    • Use or disclosure to defend ourselves in a legal action or other proceeding brought by you; or
    • A use or disclosure required or permitted for oversight of the clinician who wrote the notes.
  3. Substance Use Disorder Counseling Notes. We must obtain your written consent to use or disclose substance use disorder counseling notes in most circumstances. Please see the section entitled “Confidentiality of Substance Use Disorder Records (42 CFR Part 2)”.
  4. We must obtain your written authorization before using or disclosing your medical information for marketing. Marketing does not include communications about your treatment, treatment alternatives, prescription drugs you are taking, or health-related products and services we offer, or face-to-face or virtual discussions with your providers.
  5. Sale of Medical Information. We will not sell your medical information without your written authorization.
  6. HIV/AIDS Test Results. We will not disclose the results of an HIV/AIDS test without your specific written authorization, except as required by state or federal reporting laws.

Confidentiality of Substance Use Disorder Records (42 CFR Part 2)

This section describes how substance use disorder information about you may be used and disclosed, your rights with respect to that information, and how to file a complaint if you believe the privacy or security of your information, or your rights, have been violated.

You have the right to a copy of this Notice, in paper or electronic form, and to discuss it with our Privacy Officer at (866) 434-5172 or contact@compliance.therecoverydoctor.com if you have any questions.

If you receive substance use disorder treatment from The Recovery Doctor as part of a program provided in conjunction with your treatment facility, the records of that treatment are protected by the federal Confidentiality of Substance Use Disorder Patient Records regulations at 42 CFR Part 2 (“Part 2”). Part 2 requires us to maintain the privacy of these records, to describe our privacy practices for them, and to notify you of any breach of your unsecured substance use disorder records.

We will use and disclose your substance use disorder records only as described in this Notice, and we will not use or disclose them for any other reason without your written consent. In general, we may use or disclose these records only with your written consent. Part 2 permits disclosure without your written consent only in the limited circumstances described below.

A. Uses and Disclosures Without Your Consent

  • Medical Emergency. We may disclose your records to health care providers when necessary to meet a bona fide medical emergency in which your prior written consent cannot be obtained, or when your health may be threatened by an error in the manufacture, labeling, or sale of a product under the control of the U.S. Food and Drug Administration (“FDA”).
  • Court Order. We may disclose your records in response to a court order that meets the requirements of 42 CFR Part 2, Subpart E, and is accompanied by a subpoena or similar legal mandate compelling the disclosure.
  • We may use or disclose your records for research if one or more of the following applies:
    • The recipient is a HIPAA covered entity or business associate, and your authorization has been obtained or the authorization requirement has been waived under HIPAA;
    • The research is conducted in accordance with the U.S. Department of Health and Human Services regulations for the protection of human subjects (45 CFR Part 46); or
    • The research is conducted in accordance with FDA regulations for the protection of human subjects (21 CFR Parts 50 and 56).
  • Audit and Evaluation. We may use or disclose your records for audit or evaluation activities performed on behalf of a federal, state, or local government agency; a third-party payer or health plan covering patients in our Part 2 program; a quality improvement organization or its contractors; or an entity with direct administrative control over our Part 2 program. These disclosures must comply with 42 CFR Part 2, Subpart D.
  • Public Health. We may disclose de-identified substance use disorder records to a public health authority for public health purposes, as permitted by 42 CFR Part 2.
  • Crimes on Our Premises or Against Our Personnel. We may disclose information to law enforcement if it relates to a crime, or a threat to commit a crime, against our property or personnel. Disclosure is limited to the circumstances of the incident and your name, address, and last known whereabouts.
  • Child Abuse and Neglect. We may disclose information as necessary to report suspected child abuse or neglect to the appropriate state or local authorities. Your records may not be used in any civil or criminal proceeding against you arising from that report without a court order that meets the requirements of 42 CFR Part 2.

B. Uses and Disclosures With Your Consent

  • As Stated in Your Consent. We may use or disclose your records to the person or class of persons you name in your written consent. For example, your consent may allow us to share your substance use disorder records with a family member or friend.
  • Treatment, Payment, and Health Care Operations. With your written consent, we may use and disclose your records for treatment, payment, and health care operations in the same manner described for your PHI in this Notice. To reduce the number of forms you must sign, you may give a single consent for all future uses and disclosures for treatment, payment, and health care operations.

When your records are disclosed with your consent to another Part 2 program, a HIPAA covered entity, or a business associate, the recipient may further use or disclose them as permitted by the HIPAA Privacy Rule, except for use in proceedings against you as described below.

  • Civil, Criminal, Administrative, and Legislative Proceedings. Your records, or testimony about their content, may not be used or disclosed in any civil, criminal, administrative, or legislative proceeding against you unless (1) you give specific written consent, or (2) a court issues an order meeting the requirements of 42 CFR Part 2 after you or the holder of the records has received notice and an opportunity to be heard, and the order is accompanied by a subpoena or similar legal mandate compelling the disclosure. Consent for this purpose may not be combined with consent for any other purpose.
  • Substance Use Disorder Counseling Notes. These are notes recorded by a substance use disorder or mental health professional that document or analyze the contents of a conversation during a private counseling session or a group, joint, or family counseling session. They are kept separate from the rest of your record. We will not use or disclose them without your written consent, except:
    • For use by the professional who created the notes, for your treatment;
    • For our own supervised training programs in which students, trainees, or practitioners in substance use disorder treatment or mental health learn to improve their counseling skills;
    • To defend ourselves in a legal action or other proceeding brought by you; or
    • Under a valid court order issued in accordance with 42 CFR Part 2.

C. Your Rights Regarding Substance Use Disorder Records

As a patient of our Part 2 program, you have the right to:

  1. Request restrictions on uses and disclosures of your records for treatment, payment, and health care operations, as provided in 42 CFR 2.26.
  2. Request and obtain restrictions on disclosures to your health plan for services you have paid for in full, in the same manner that 45 CFR 164.522 applies to PHI.
  3. Receive an accounting of disclosures of your electronic substance use disorder records made with your consent for the past three (3) years, as provided in 42 CFR 2.25.
  4. Receive a list of disclosures made by an intermediary for the past three (3) years, as provided in 42 CFR 2.24.
  5. Obtain a paper or electronic copy of this Notice upon request.
  6. Discuss this Notice with our Privacy Officer or the Privacy Officer’s designee.
  7. Elect not to receive fundraising communications. We will use or disclose your records for fundraising only with your consent and only if you are given a clear opportunity to opt out.
  8. Revoke your written consent at any time, except to the extent we have already acted in reliance on it. You may revoke your consent by contacting our Privacy Officer.

D. Changes to This Section

We reserve the right to change the terms of this Notice as it relates to substance use disorder records and to make the new terms effective for all records we maintain. If we change these terms, we will post the revised Notice on our website and make it available to all patients receiving our services.

E. Complaints

If you believe your privacy rights regarding your substance use disorder records have been violated, you may file a complaint with us by contacting our Privacy Officer:

The Recovery Doctor
Attn: Privacy Officer
10780 Santa Monica Blvd, Suite 105, Los Angeles, CA 90025

Phone: (866) 434-5172

Email: contact@compliance.therecoverydoctor.com

You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services through the HHS Office for Civil Rights, using the contact information in the “Questions and Complaints” section below or online at hhs.gov/hipaa/filing-a-complaint.

We will not intimidate, threaten, coerce, discriminate against, or take any other retaliatory action against you for exercising any right described in this Notice, including filing a complaint.

Your Rights Regarding Your Medical Information

In addition to the rights described above for substance use disorder records, you have the following rights regarding your medical information. To exercise these rights, contact our Privacy Officer. You may be asked to submit your request in writing.

The Recovery Doctor
Attn: Privacy Officer
10780 Santa Monica Blvd, Suite 105, Los Angeles, CA 90025

Phone: (866) 434-5172

Email: contact@compliance.therecoverydoctor.com

  1. Confidential Communications. You have the right to ask that we communicate with you by alternative means or at an alternative location, for example by mail to a different address or by text message. We will accommodate reasonable requests. Your request must be in writing.
  2. You have the right to ask us to limit certain uses and disclosures of your PHI for treatment, payment, or health care operations, or to limit disclosures to certain people involved in your care or payment for your care. Your request must be in writing. We are not required to agree to most requests, but if we agree, we will follow the agreement except when required by law or in an emergency. We must agree to your request not to disclose information to your health plan for payment or health care operations if you have paid for the item or service in full out of pocket, unless the disclosure is required by law.
  3. Inspection and Copies. You have the right to inspect and obtain a copy of your PHI, including an electronic copy when the information is maintained electronically. Your request must be in writing. We may charge a reasonable, cost-based fee for copying, mailing, labor, and supplies. We may deny your request in certain limited circumstances. If we do, we will tell you why in writing, and you may ask for the denial to be reviewed.
  4. If you believe your PHI is incorrect or incomplete, you have the right to ask us to amend it for as long as we maintain the information. Your request must be in writing and must include the reason for the amendment. We may deny your request in certain circumstances and will tell you why in writing. If we deny your request, you may submit a statement of disagreement to be included in your record.
  5. Accounting of Disclosures. You have the right to receive a list of certain disclosures we have made of your PHI for up to six (6) years before the date of your request. The list will not include disclosures for treatment, payment, or health care operations, disclosures made to you, disclosures made with your authorization, and certain other disclosures. Your request must be in writing and must state the time period. The first list in any 12-month period is free. We may charge a reasonable, cost-based fee for additional lists within the same 12 months, and we will tell you the cost in advance so you can withdraw or change your request.
  6. Breach Notification. You have the right to be notified if we or one of our business associates discover a breach of your unsecured PHI.
  7. Paper Copy of This Notice. You have the right to a paper copy of this Notice at any time, even if you have agreed to receive it electronically. To request one, call us at (866) 434-5172 or email contact@compliance.therecoverydoctor.com.
  8. Personal Representative. If you have given someone medical power of attorney, or if someone is your legal guardian, that person may exercise your rights and make choices about your health information.

Changes to This Notice

We reserve the right to change the terms of this Notice at any time, as long as the change is consistent with state and federal law. A revised Notice will apply to PHI we already have about you and to PHI we create or receive after the change. If we make a material change to our privacy practices, we will promptly revise this Notice and post it on our website at therecoverydoctor.com. Except where a change is required by law, we will not implement a material change before revising this Notice.

Questions and Complaints

If you have questions about this Notice, or believe your privacy rights have been violated, you may contact our Privacy Officer in person, by phone, by email, or by mailing a written description of your concern to the address listed above.

You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights:

U.S. Department of Health and Human Services, Office for Civil Rights
Centralized Case Management Operations
200 Independence Avenue, S.W., Room 509F, HHH Building
Washington, D.C. 20201

Phone: 1-800-368-1019  |  TDD: 1-800-537-7697

Online: ocrportal.hhs.gov/ocr/portal/lobby.jsf

Email: OCRMail@hhs.gov

You will not be penalized or retaliated against for filing a complaint.

Other Uses of Medical Information

Other uses and disclosures of medical information not covered by this Notice or by the laws that apply to us will be made only with your written authorization. If you give us authorization, you may revoke it in writing at any time. If you revoke it, we will stop using or disclosing your information for the purposes covered by the authorization, except to the extent we have already acted in reliance on it. We cannot take back disclosures already made with your authorization, and we are required to keep records of the care we provided to you.

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