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Notice of Privacy Practices

NOTICE OF PRIVACY PRACTICES 

EFFECTIVE DATE: April 1, 2025 

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 we use the terms “Company,” “we,” “us,” or “our” to describe The Recovery Doctor.  


WHO WILL FOLLOW THIS NOTICE 

This Notice of Privacy Practices (the “Notice”) describes The Recovery Doctor’s (the “Company”) practices and those of Company employees, staff, volunteers, and other personnel who are involved in your care.  The Company and these individuals will follow the terms of this Notice, and may use or disclose medical information, including protected health information (“PHI”) and substance use disorder records, about you to carry out treatment, payment or health care operations, or for other purposes as permitted or required by law.  This Notice 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, medical, or mental condition and medical care and related health care services.  Your personal physician may have other policies that he or she follows if he or she sees you outside of the Company and may use his or her own Notice of Privacy Practices.  


THE COMPANY’S PLEDGE REGARDING MEDICAL INFORMATION 

The Company understands that medical information about you and your health is personal.  The Company is committed to protecting medical information about you.  In order to provide you with quality care and to comply with certain state and federal legal requirements, the Company creates a record of the services you receive at the Company. This Notice applies to all of the records of your care generated by the Company. This Notice will tell you about the ways in which the Company may use and disclose medical information about you, including confidential substance and alcohol use disorder records. It also describes your rights and certain obligations the Company has regarding the use and disclosure of medical information.  The Company is required by law to:  

  1. Make sure that medical information that identifies you is kept private; 
  2. Give you this Notice of its legal duties and privacy practices concerning medical information about you; 
  3. Follow the terms of the Notice that are currently in effect and 
  4. Notify you in case there is an unauthorized use or disclosure of your unsecured medical information. 

We take these responsibilities seriously and have put in place administrative safeguards (such as security awareness training and policies and procedures), technical safeguards (such as encryption and passwords), and, as applicable, physical safeguards (such as locked areas and requiring badges) to protect your medical information and we will continue to take appropriate steps to safeguard the privacy of your medical information. 

We must abide by the terms of this Notice while it is in effect. This Notice is in effect from the date noted above until we replace it.  We reserve the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If we change the terms of this Notice, the new terms will apply to all medical information that we maintain, including medical information that was created or received before such changes were made. If we change this Notice, we will post the new Notice on our website and will make the new Notice available upon request. 

For information on how the Company uses and discloses substance use records, please see the section entitled “Notice Of Privacy Practice For The Recovery Doctor Part 2 Programs – Confidentiality Of Substance Use Disorder Records” below. 


HOW THE COMPANY MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU 

Your confidentiality is important to us. Our clinicians and employees are required to maintain the confidentiality of the PHI of our members/patients, and we have policies and procedures and other safeguards to help protect your PHI from improper use and disclosure. Sometimes we are allowed by law to use and disclose certain PHI without your written permission. We briefly describe these uses and disclosures below and give you some examples. 

How much PHI is used or disclosed without your written permission will vary depending, for example, on the intended purpose of the use or disclosure. Sometimes we may only need to use or disclose a limited amount of PHI, such as to send you an appointment reminder. At other times, we may need to use or disclose more PHI such as when we are providing clinical treatment. 

Please note that for protected health information related to your participation in a substance use disorder program or any other information covered by 42 CFR Part 2, we will not disclose this information without your written consent except in a medical emergency, as otherwise allowed by law, and as described below under the section entitled “Notice Of Privacy Practice For The Recovery Doctor Part 2 Programs – Confidentiality Of Substance Use Disorder Records.” 

  1. For Treatment. The Company may use medical information about you to provide you with medical treatment and to coordinate or manage your medical treatment and any related services.  We may disclose information about you to Company Staff, your Attending Physician, or other providers involved in your treatment.  We may also disclose your medical information to family members or other individuals involved in your continuing medical care after you leave the Company. For example, the Company may give your Attending Physician access to your health information to assist the physician in treating you. 
  2. For Payment.  The Company may use and disclose medical information about you so that the Company can get paid for the treatment and services you receive at the Company.  For example, the Company may need to give information to your health plan or to the Medi-Cal or Medicare program about treatment you receive at the Company so that they will pay the Company or reimburse you for your care.  The Company may also tell your health plan about a proposed treatment to determine whether your plan will cover the treatment.  
  3. For Health Care Operations. The Company may use and disclose medical information about you to carry out activities that are necessary for Company operations. These uses or disclosures are made for quality of care, compliance activities, administrative purposes, contractual obligations, grievances or lawsuits.  For example, the Company may use medical information to review treatment and services provided at the Company or to evaluate the performance of its staff and contractors in caring for you.   
  4. To Individuals or Family Members Involved in Your Health Care.  Unless you object, the Company may disclose medical information about you to a member of your family, a relative, close friend or any other person that you identify who is involved in your care.  The Company may also tell your family or friends, personal representative, or any other person who is responsible for your care, of your location, general condition or death, unless you object.  
  5. Emergencies. The Company may disclose medical information about you to a public or private entity assisting in disaster relief so that your family can be notified about your condition, status, or location. You may object to this disclosure with a written request. However, if you are not available or are unable to agree or object, or in some emergency circumstances, the Company will use its professional judgment to decide whether this disclosure is in your best interest. If you would like to object to this disclosure, check here. 
  6. For Fundraising Activities.  The Company may use medical information about you to contact you about Company sponsored activities including fundraising events.  We will only use contact information such as your name, address, and phone number.   
  7. As Required By Law.  The Company will disclose your health information when required to do so by federal, state or local law. 
  8. Workers’ Compensation.  The Company may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness. 
  9. For Public Health Activities.  The Company may disclose medical information about you for public health activities. These purposes generally include the following: (1) To prevent or control disease, injury, or disability; (2) To report deaths; (3) To report abuse or neglect of children, elders and dependent adults; (4) To report reactions to medications or problems with products; (5) To notify people of recalls of products they may be using; and (6) To notify a person who may have been exposed to a disease or who may be at risk for contracting or spreading a disease or condition. 
  10. For Health Oversight Activities.  The Company may disclose medical information about you to a health oversight agency for activities authorized by law. 
  11. For Lawsuits and Disputes.  The Company may disclose medical information about you in response to a court or administrative order, subpoena, discovery request, or other lawful process.    
  12. Disclosure to Law Enforcement.  If asked to do so by law enforcement and as authorized or required by law, the Company 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 at the Company; and (5) In case of 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.  
  13. Decedents. The Company may release medical information about you to a coroner or medical examiner.  This may be necessary, for example, to identify a deceased person or determine the cause of death. The Company may also release medical information about you to funeral directors.  The Company may also release information to any individual known to the Company as a family member, close personal friend of the family, or any other person identified, who was involved in your care or the payment for your care prior to your death, unless you indicate otherwise.  Your medical information may be used or disclosed to others without your authorization after fifty (50) years from the date of your death.  
  14. For Specialized Government Functions.  The Company may disclose medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities.   
  15. Information About Inmates/Individuals in Custody.  If you are an inmate or under the custody of a law enforcement official, the Company may release medical information about you to the correctional institution or law enforcement official responsible for you as authorized or required by law. 
  16. Disclosure For Threats to Health and Safety.  In certain circumstances, the Company may be required to disclose medical information to avert a serious threat to your health and safety or the health and safety of another person as required by law enforcement.  The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. 


USES AND DISCLOSURES THAT REQUIRE YOUR AUTHORIZATION 

Except as otherwise permitted or required under 45 C.F.R. Parts 160 and 164, the Company may not use or disclose protected health information without your authorization for the following purposes: 

1. Substance Use Disorder Records. For specific information regarding uses and disclosure of your Substance Use Disorder Records, please see the section entitled “Notice Of Privacy Practice For The Recovery Doctor Part 2 Programs – Confidentiality Of Substance Use Disorder Records.” 

2. Psychotherapy Notes.  We must obtain written authorization for use or disclosure of psychotherapy notes. However, the following uses of psychotherapy notes do not require your authorization to carry out the following treatment, payment, or health care operations:  

  • Use by the originator of the psychotherapy notes for treatment;  
  • Use or disclosure by the Company for its own training programs in which students, trainees, or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family, or individual counseling;  
  • Use or disclosure by the Company to defend itself in a legal action or other proceeding brought by the patient; or  
  • A use or disclosure that is required or permitted with respect to the oversight of the originator of the psychotherapy notes. 

3. Substance Use Disorder Counseling Notes. We must obtain written consent for the use or disclosure of substance use disorder counseling notes in most circumstances. For further information, see the section entitled “Notice Of Privacy Practice For The Recovery Doctor Part 2 Programs – Confidentiality Of Substance Use Disorder Records.” 

4. Marketing.  We may ask for your authorization in order to provide information about products and services that you may be interested in purchasing or using. Note that marketing communications do not include our contacting you with information about treatment alternatives, prescription drugs you are taking or health-related products or services that we offer or that are available only to our health plan enrollees. Marketing also does not include any face-to-face in person or virtual discussions you may have with your providers about products or services. 

5. Sale of Medical Information.  The Company will not sell your medical information without an authorization from you. 

6. HIV/AIDS Test Results. The Company will not disclose the results of an HIV/AIDS test unless you give the Company specific written authorization.  The Company may disclose HIV/AIDS test results without your specific authorization as required by state or federal reporting laws. 

  

NOTICE OF PRIVACY PRACTICES FOR THE RECOVERY DOCTOR PART 2 PROGRAMS - CONFIDENTIALITY OF SUBSTANCE USE DISORDER RECORDS (42 C.F.R. Part 2) 

THIS NOTICE DESCRIBES: 

  • HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED 
  • YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION 
  • 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 THE RECOVERY DOCTOR PRIVACY OFFICER AT ____________ or eric@therecoverydoctor.com IF YOU HAVE ANY QUESTIONS. 

If you receive treatment from The Recovery Doctor (hereinafter, the “Company”) for a substance use disorder and are enrolled in a substance use disorder treatment program offered by The Recovery Doctor in conjunction with your treatment facility, the health information these programs create is protected by the federal regulations governing the Confidentiality of Substance Use Disorder Patient Records listed in 42 CFR Part 2 (“Part 2”). Part 2 requires us to maintain the privacy of your records, to outline our privacy practices with respect to your substance use records, and to notify you of any breach of your unsecured substance use disorder records.  

We will make any use and/or disclosure of your substance use disorder records in accordance with this Notice of Privacy Practices, and we will not use or disclose your records for any reason not described in this Notice without your consent.  

In general, as a patient of a substance use disorder program, the Company may only use or disclose your substance use disorder records with your written consent. However, Part 2 permits us to disclose your substance use disorder records without your written consent only in the limited circumstances described below. 

1. Permitted Uses And Disclosures Of Substance Use Disorder Records Without Consent 

  • Medical Emergency: We may use or disclose your substance use disorder records with healthcare providers when it is necessary to meet a bona fide medical emergency and 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 United States Food and Drug Administration (“FDA”). 
  • Court Order With Compulsory Process: We may disclose your substance use disorder records in response to a special court order that complies with the requirement of 42 CFR Part 2, Subpart E and is accompanied by a subpoena or similar legal mandate that requires the use or disclosure. 
  • Research: We may use or disclose your substance use disorder records for research purposes if it is determined that one or any combination of the following is true: 

  1. The recipient of the information is a covered entity or business associate as those terms are defined under HIPAA, and a patient authorization has been obtained or the authorization requirement has been waived under HIPAA; or 
  2. The research is conducted in accordance with the Department Of Health And Human Subjects policy on the protection of human subjects research (45 CFR Part 46); or 
  3. The research is conducted in accordance with the FDA requirements regarding the protection of human subjects research (21 CFR Parts 50 and 56). 

  • Audit & Evaluation Activities: We may use or disclose your substitute sort of records for auditing or evaluation activities that are performed on behalf of: any federal, state, or local government; any third party payer or health plan that provides insurance coverage to patients in a Company Part 2 Program; a quality improvement organization or their contractors; or any entity with direct administrative control over a Company Part 2 Program. These disclosures must be made in accordance with the requirements of 42 CFR Part 2, subpart D. 
  • Public Health: We may disclose your de-identified substance use disorder records for public health purposes to a public health authority pursuant to 42 CFR Part 2, subpart D. 
  • Commission of Crime: We may disclose your substance use disorder records to law enforcement if your records are related to your commission of a crime against the Company's property, against a Company employee, 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 substance use disorder 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 substance use disorder records as part of any civil or criminal proceeding against you that may arise from report of suspected child abuse or neglect. 

2. Uses And Disclosures With Consent: In addition to the uses and disclosures above, we may only use or disclose your substance use disorder records with your written consent for the purposes described below: 

  • In Accordance With Consent: We may use and/or disclose your substance use disorder records to a person or class of persons you identify or designate in your written consent, so long as the consent doesn't obligate us to disclose your records to persons within the criminal justice system and central registries who do not have a need for the information. For example, consent may authorize us to disclose your substitutes disorder records to a family member or a friend. 
  • Treatment, Payment, Or Healthcare Operations: We may use and or disclose your substance use disorder records for treatment, payment, or healthcare operations purposes, in the same manner as described with regards to your protected health information. When your substance use disorder records are disclosed to another Part 2 program, covered entity, or business associate pursuant to your written consent, they may be further disclosed by that Part 2 program, covered entity, or business associate without your written consent as allowed in the section above regarding your rights with respect to your protected health information. In addition, to reduce the number of consent forms you must sign, you may choose to provide a single consent for all future uses and/or disclosures of your substance use disorder records that we may make for treatment, payment, or healthcare operations purposes. 
  • Civil, Criminal, Administrative Proceedings: With your consent or pursuant to a court order, we may use and/or disclose your substance use disorder records in connection with any civil, criminal, or administrative proceeding brought against you. Any consent to use and/or disclose substance use disorder records in a civil, criminal, or administrative proceeding may not be combined with any consent for any other purpose. 

  1. Your records shall only be used or disclosed based on a court order after notice and opportunity to object is provided to the patient or the holder of the records; and  
  2. A court order authorizing the use or disclosure must be accompanied by a subpoena or similar order compelling the disclosure before your substance use disorder records may be used or disclosed. 

  • Substance Use Disorder Counseling Notes: Substance use disorder counseling notes are notes recorded by substance use disorder provider or mental health professional that document or analyze the content of a conversation with you, whether during a private conversation or a group, joint, or family substance use disorder counseling session. These notes are kept separate from your medical record. We may not use and/or disclose substance use disorder counseling notes without your written consent except in the following circumstances:  

  1. Use by the substance use disorder provider or mental health professional who created the counseling notes for your treatment;  
  2. Use or disclosure by the Company for our own training programs in which students, trainees, or practitioners in substance use disorder treatment or mental health learn under supervision to practice or improve their skills in group, joint, family or individual substance use disorder counselling;  
  3. Use or disclosure by the Company to defend itself in a legal action or other proceeding brought against it by you;  
  4. Pursuant to a valid court order authorized by 42 CFR Part 2. 

3. Patient Rights: We are fully committed to ensuring you are aware of your rights regarding your records. As a patient of the company's Part 2 program, you have the following rights: 

  1. The right to request restrictions and disclosures made with prior consent for purposes of treatment, payment, healthcare operations, as provided in 42 CFR 2.26. 
  2. The right to request and obtain restrictions of disclosures of records under this part to the patient's health plan for those services for which patient has been paid in full, in the same manner as 45 CFR 164.522 applies to disclosures of protected health information 
  3. The right to an accounting of disclosures of electronic substance use disorder records for the past three (3) years, as provided in 42 CFR 2.25. 
  4. The right to a list of disclosures by an intermediary for the last three (3) years as provided in 42 CFR 2.24.  
  5. The right to obtain paper or electronic copy of this Notice of Privacy Practices upon request. 
  6. The right to discuss this Notice of Privacy Practices with the Company's privacy officer or his or her designee. 
  7. The right to elect not to receive fundraising communications. Additionally, the Company may use/or disclose your substance use disorder records for its own Part 2 programs fundraising purposes only with your consent and only if you are provided a clear opportunity to elect to not receive fundraising communications. 
  8. You have the right to revoke your written consent except to the extent that we have already relied upon your consent and used and/or disclosed your substance use disorder records. You may revoke your consent by contacting the Company's Privacy Officer in the above-identified manner. 

4. Revisions To The Company's Notice Of Privacy Practices Regarding Substance Use Disorder Records 

We reserve the right to change the terms of our Notice of Privacy Practices that pertains to its patients’ substance use disorder records and to make the new Notice of Privacy Practices provisions effective for records that it maintains. In the event that we change the terms of this Notice of Privacy Practices, we will post a copy of the current notice on our website and make sure it’s available for all patients utilizing the Company’s services. 

5. Complaints  

As a patient, if you believe your privacy rights have been violated with respect to your substance use disorder records, you may file a complaint with us by contacting the Company's Privacy Officer at: 

The Recovery Doctor 

Attn: HIPAA Privacy Officer 

Address: 10780 Santa Monica Boulevard, Suite 105, Los Angeles, CA 90025

Phone: ___________ Fax: (424) 326-8553  

You might also file a complaint with the Secretary of the U.S. Department of Health and Human Services by visiting hhs.gov/hipaa/filing-a-complaint/index.html. 

The Company may not intimidate, threaten, coerce, discriminate, or take any other retaliatory action against any patient for the exercise by the patient of any right established, or for participation in any process provided for including the filing of a complaint. 


YOUR RIGHTS UNDER HIPAA 

In addition to the rights outlined above specifically for substance use disorder information, you have the following rights regarding your medical information.  In order to exercise these rights, you must contact The HIPAA Privacy Officer at the Company.  You may be asked to submit a written request.  The HIPAA Privacy Officer may be contacted using the following information: 

The Recovery Doctor 

Attn: HIPAA Privacy Officer 

Address: 10780 Santa Monica Boulevard, Suite 105, Los Angeles, CA 90025 

Phone: ___________ Fax: (424) 326-8553 


This section tells you about your rights regarding your medical information and describes how you can exercise these rights. 

  1. Confidential Communication. You have the right to receive confidential communications of your PHI. You may request that Company communicate with you through alternate means, like texting, or at an alternate location, and Company will accommodate your reasonable requests. You must submit your request in writing to Company. 
  2. Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that Company limits its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to Company. Company is not required to comply with your request. However, if Company agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency. 
  3. Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to Company. Company may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Company may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, Company will inform you of the reason for the denial, and you may request a review of the denial. 
  4. Amendment. You have a right to request that Company amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by Company. You must submit your request in writing to Company and provide a reason to support the requested amendment. Company may, under certain circumstances, deny your request by sending you a written notice of denial. If Company denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records. 
  5. Accounting of Disclosures. You have a right to receive an accounting of all disclosures Company has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to Company and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, Company may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. Company will inform you of such costs in advance, so that you may withdraw or modify your request to save costs. 
  6. Breach Notification. You have the right to be notified in the event that Company (or a Company Business Associate) discovers a breach of unsecured PHI. 
  7. Paper Copy. You have the right to obtain a paper copy of this Notice from Company at any time upon request. To obtain a paper copy of this notice, please contact Company by calling (___) ___-____.  


CHANGES TO THIS NOTICE 

The Company reserves the right to change the terms of this Notice at any time, as long as the change is consistent with state and federal law. Any revised notice will apply both to the PHI we already have about you at the time of the change, and any PHI created or received after the change takes effect. If we make an important change to our privacy practices, we will promptly change this notice and make the new notice available on our website at www.therecoverydoctor.com. Except for changes required by law, we will not implement an important change to our privacy practices before we revise this notice. 


QUESTIONS AND COMPLAINTS 

If you have any questions or believe that your privacy rights have been violated, you may contact the Company’s HIPAA Privacy Officer in person or mail a written summary of your concern to the address listed above.  

You may also file a written complaint with the Department of Health and Human Services at the following address: 

Office for Civil Rights, DHHS 

90 7th Street, Suite 4-100 

San Francisco, CA  94103 

Phone: 415-437-8310 Fax: 415-437-8329 

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 the laws that apply to use will be made only with your written permission. If you provide the Company permission to use or disclose medical information about you, you may revoke that permission in writing at any time. If you revoke your permission the Company will stop any further use or disclosure of your medical information for the purposes covered by your written authorization, except if the Company has already acted in reliance on your permission. You understand that the Company is unable to take back any disclosure the Company has already made with your permission and that the Company is required to retain its records of the care that the Company provided to you.

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