We recognize that you may be concerned about our use and disclosure of your personal information. Your privacy is very important to us, and the following will inform you of the information that we, Tranquil Shores, may collect from you, and how it is used. By using our website, www.tranquilshores.org, you are accepting the practices described in this policy.
Tranquil Shores rigorously protects your health and treatment information. We follow the Federal Law as well as HIPAA guidelines regarding all confidential information. Our employees are trained to ensure your privacy.
Written permission by clients is required to release any information, except when we are required by law to release that information. These are cases where there is threatened harm to self or others or suspicion of or reported abuse or neglect.
The confidentiality of alcohol and drug abuse client records maintained by this program is protected by Federal law and regulations. The program may not say to a person outside the program that a client attends the program, or disclose any information identifying a client unless:
- The disclosure is in writing.
- The disclosure is allowed by a court order.
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.
- The client commits a crime while at the program or against another client or staff member.
- The client is suspected of or admits to child abuse or neglect.
- The client is suspected of or admits to elder abuse or neglect.
- Any information regarding a plan or threat to commit a crime against a person or institution.
Violation of the Federal law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with Federal regulations.
Federal law and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime. (See 42 U.S.C. 290dd-3 and 42 U.S.C. 290ee-3 for Federal laws and 42 CFR part 2 for regulations.)
It is the policy of Tranquil Shores, LLC that:
- Tranquil Shores, LLC will recognize the client’s right to access protected health information. §164.524
- Tranquil Shores, LLC will respond to requests for access to protected health information within thirty (30) days. If Tranquil Shores, LLC requires more time to process a client request, the client must receive notice. §164.524(b)
- Tranquil Shores, LLC will accommodate the client’s right to complain and appeal this process. §164.524(d)
- Tranquil Shores, LLC will maintain accurate records and reports to demonstrate compliance with this policy. §160.310
Clients have a right of access to inspect and obtain a copy of protected health information for as long as the protected health information is maintained, with some exceptions.
Please feel free to speak with the program Privacy Officer if you should have any questions about releasing information and your confidentiality and privacy. We are happy to assist you.
Tranquil Shores Procedures for Requesting Personal Health Information:
1. Client/Representative Request for Personal Health Information
Clients/representatives need fill out the Client Request for Access to Protected Health Information form used by Tranquil Shores, LLC Assist clients/representatives in filling out the form, if necessary (§164.524(a)(1)). Do not ask Clients/Representatives the reasons for making the protected health information request
2. Proper Identification
Make sure that persons making a request are who they claim to be. For an individual making a request on behalf of a client, verify his or her relationship with the client. Make sure that when (if) you provide access to the protected health information, it is to the right file as well as the right person. For example, if the request is for John Smith’s records, make sure the file you access pertains to the John Smith you have just identified.
3. Sign and Date Request
Client/representatives need to sign and date requests, regardless of who wrote them. If the client/representative refuses to sign and date a request, note and initial that on the original request.
4. Provide to Privacy Office
Requests are immediately given to the Privacy Officer or Designee.
5. The Privacy Officer/Designee will:
Discuss the Person Health Information request with client/representative
Discuss the scope of the request with the client/representative. Complete the Response to Request for Access to protected health information form.
6. Check to Make Sure there are no Reasons to Deny Access
Check to make sure there are no reasons to prevent Clients/Representatives from seeing part or all of the record. Determine what portion (if any) of the record can be provided, and follow procedure. This may mean providing only parts of the record or making parts of it unreadable (§164.524(d)(1)), as documented below.
The Following are Reasons to Deny Access:
- Confidential Communications
If a client has asked for confidential communications with Tranquil Shores, LLC do not provide access to a Representative of a Client unless you have gotten prior, confidential approval from the Client. Show the Representative only the portion of the file that the Client is willing to disclose (§164.522(a)).
- Protecting Confidential Sources of Information
Determine if the record contains any information obtained by Tranquil Shores, LLC from confidential sources other than a health care provider. Keep this information and the source of the information confidential. (§164.524(a)(2)(v)).
- Risks of Harm
Determine if harm could come to the Client or others, if access is granted. This information should be discussed with health care professional(s) most involved in treating the Client. Consider these examples:
Suspected Abuse: If a Representative is granted access to a record (part or whole) where abuse of the Client is suspected, and the Representative could be involved in the abuse, do not share the suspected information with the Representative until the suspicions are resolved (§164.524(a)(3)(iii)).
Emotionally Unstable: If the Client is emotionally unstable (in the judgment of the health care professional) and the information (part or whole) may cause the Client to harm him/herself or others, do not share that information without taking steps to prevent such harm. (§164.524(a)(3)(i)).
Other Person: If some of the information in the Client’s file is about someone other than the Client, and revealing it could cause harm to the other person (excluding health care providers when the “information” pertains to the professional responsibilities to a client), do not share that information (§164.524(a)(3)(ii)).
- Legal Matters
Do not share any material, which you think may be used, or is being used
in legal matters, audits and/or investigations (§164.524(a)(1)(ii)). This includes civil, criminal, and administrative actions or proceedings. However, the underlying information should be shared. For example, documents being prepared specifically for a lawsuit regarding the way that Tranquil Shores, LLC has treated a Client should not be shared, but the Client’s diagnosis and treatment can be disclosed.
- Audits or Investigations
Do not share any material gathered for a government/regulatory administrative action, such as an audit or investigation. However, the underlying information can be shared (see above).
- Criminal Investigations
Check to make sure that no criminal investigators have requested any valid restrictions on sharing the information. However, the underlying information can be shared (see above).
- Psychotherapy Notes
Do not share any psychotherapy notes (§164.524(a)(1)(i)).
- Research Studies
Determine if the information is a part of an ongoing licensed study and providing information may disrupt the Client’s participation in the study. If so, discuss the situation with Tranquil Shores, LLC medical professional most involved with the Client. A judgment should be made in the best interest of the Client. This may result in giving the Client the information, thus dropping him/her from the study (§164.524 (a) (1) (iii) and (2) (iii)).
- Inmate Requests
Clients who are currently inmates in a prison or jail may read, but may not receive, copies of their PHI without the approval of a prison/jail official and barring any other restrictions mentioned in the policy (§164.524 (a) (2) (ii)).
- Tranquil Shores, LLC Does Not Maintain Requested Personal Health Information
If Tranquil Shores, LLC does not maintain the requested PHI, you cannot provide access to that PHI. However, if you know where the requested information is maintained, you must inform the clients where to direct their requests for access.
7. If there is No Reason to Deny Access to Personal Health Information to All or Part of the Record
- Arrange for Client/Representative Access to the Requested Personal Health Information
Arrange a mutually convenient opportunity for the client/representative to see the record and/or get copies of it (§164.524(b)(2)(i)(A) and (c)(i)).
- Respond to Client Request for Access to Personal Health Information Form
Complete and provide the Client/Representative with a Tranquil Shores, LLC Response to Client Request for Access to Protected Health Care Information form and place a signed copy on file. See previous procedures for a client unwilling to sign the form.
We may collect non-personal information, such as a domain name and IP Address. The domain name and IP address reveals nothing personal about you other than the IP address from which you have accessed our site. We may also collect information about the type of Internet browser you are using, operating system, what brought you to our Website, as well as which of our Web pages you have accessed.
Additionally, if you communicate with us regarding our Website or our services, we will collect any information that you provide to us in any such communication.
We use the collected information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our services and Website, fulfilling requests for information, and providing customer support.