OTIS R. BOWEN CENTER FOR HUMAN SERVICES, Inc.

NOTICE OF PRIVACY PRACTICES

(45 CFR §164.520(a)
(42 CFR Part 2)

Effective Date: April 14, 2003

THIS NOTICE DESCRIBES HOW MEDICAL AND HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. If you have any questions about this notice, please contact the Bowen Center Privacy Officer at PO Box 497, Warsaw, Indiana, 46581-0497, phone number, 574-267-7169, or
1-800-342-5653 ext.2974.

JCAHO (Joint Commission on Accreditation of Health Care Organizations) at 1-800-994-6610
or by email at complaint@jcaho.org

WHO WILL FOLLOW THIS NOTICE.

This notice describes our practices and that of:
Any health care professional authorized to enter information into your chart.
All departments and units of Bowen Center.
Any member of a volunteer group we allow to help you at Bowen Center.
All employees, staff and other personnel of Bowen Center.

All these entities, sites and locations follow the terms of this notice. In addition, these entities, sites and locations may share medical and health information with each other for treatment, payment or Bowen Center operations purposes described in this notice.

OUR PLEDGE REGARDING MEDICAL INFORMATION :
We understand that medical information about you and your health is personal. We are committed to protecting medical and health information about you. We create a record of the care and services you receive at Bowen Center. We need this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care generated by Bowen Center. Other Health Care Rehabilitation Facilities may have different policies or notices regarding use and disclosure of your medical and health information. This notice will tell you about the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information.

We are required by law to:
make sure that medical and health information that identifies you is kept private; give you this notice of our legal duties and privacy practices with respect to medical and health information about you; and follow the terms of the notice that is currently in effect.

HOW WE ARE REQUIRED BY LAW TO DISCLOSE MEDICAL INFORMATION ABOUT YOU:
As Required By Law. We will disclose medical information about you when required to do so by federal, state or local law.

To Avert a Serious Threat to Health or Safety. We will use and disclose medical information about you when we have a "Duty to Warn or Report" under state or federal law, because we believe that it is necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.

Public Health Risks. We will disclose medical information about you for public health reporting required by federal or state law. These activities generally include the following:

o to prevent or control disease, injury or disability;
o to report births and deaths;
o to report child abuse or neglect;
o to report reactions to medications or problems with products;
o to notify people of recalls of products they may be using;
o to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
o to notify the appropriate government authority if we believe a Client has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law.

Health Oversight Activities. We will disclose medical information as required by law to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.

Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we will disclose medical information about you when properly ordered to do so by a court.

Law Enforcement. We will release medical information if asked to do so by a law enforcement official, and if permitted by law:
o In response to a court order;
o If required by state or federal law;
o To identify or locate a suspect, fugitive, material witness, or missing person;
o About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement;
o About a death we believe may be the result of criminal conduct;
o About criminal conduct at a Bowen Center facility; and
o In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.

Protective Services for the President and Others. We will disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.

HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU :
The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

For Treatment. We may use medical information about you to provide you with medical treatment or services. We may disclose medical information about you to doctors, psychologists, nurses, social workers, therapists, technicians, medical students, or other Bowen Center personnel who are involved in taking care of you. Different departments of the Bowen Center also may share medical information about you in order to coordinate the different things you need. We also may disclose medical information about you to people outside Bowen Center, such as other health care providers involved in providing medical treatment for you and to people who may be involved in your medical care, such as family members, clergy or others we use to provide services that are part of your care.

For Payment. We may use and disclose medical information about you so that the treatment and services you receive at Bowen Center, or other health care providers from whom you receive treatment, may be billed to, and payment may be collected from, you, an insurance company or a third party. For example, we may need to give your health plan information about treatment you received at Bowen Center so your health plan will pay us or reimburse you for your treatment. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.

For Health Care Operations. We may use and disclose medical information about you for Bowen Center operations or to another health care provider or health plan, if you have a relationship with that health care provider or health plan . These uses and disclosures are necessary to run Bowen Center and make sure that all of our Clients receive quality care. For example, we may use medical information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may also combine medical information about many Clients to decide what additional services Bowen Center should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose information to doctors, social workers, therapists, nurses, psychologists, technicians, medical students, and other personnel for review and learning purposes. We may also combine the medical information we have with medical information from other Health Care Providers to compare how we are doing and see where we can make improvements in the care and services we offer. We may remove information that identifies you from this set of medical information so others may use it to study health care and health care delivery without learning who the specific Clients are.

Appointment Reminders. We may use and disclose medical information to contact you as a reminder that you have an appointment for treatment or medical care at Bowen Center.

Treatment Alternatives. We may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.

Health-Related Benefits and Services. We may use and disclose medical information to tell you about health-related benefits or services that may be of interest to you.

Individuals Involved in Your Care or Payment for Your Care. We may release certain limited information about you to a friend or family member who is involved in your medical care. We may also give information to someone who helps pay for your care. We may also tell your family or friends your condition. In addition, we may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status and location.

Research. Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health and recovery of all Clients who received one medication to those who received another, for the same condition. All research projects, however, are subject to a special approval process. This process evaluates a proposed research project and its use of medical information, trying to balance the research needs with Clients' need for privacy of their medical information. Before we use or disclose medical information for research, the project will have been approved through this research approval process, but we may, however, disclose medical information about you to people preparing to conduct a research project, for example, to help them look for Clients with specific medical needs, so long as the medical information they review does not leave Bowen Center. We may ask for your specific permission if the researcher will have access to your name, address or other information that reveals who you are, or will be involved in your care at the hospital.

SPECIAL SITUATIONS :
Organ and Tissue Donation. If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.

Military and Veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.

Coroners, Medical Examiners and Funeral Directors. We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release medical information about Clients of Bowen Center to funeral directors as necessary to carry out their duties.

National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.

YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU:
You have the following rights regarding medical information we maintain about you:

Right to Inspect and Copy. You have the right to inspect and copy medical information that may be used to make decisions about your care. Usually, this includes medical and billing records, but does not include psychotherapy notes. To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to the Bowen Center Privacy Officer. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request. We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, under some circumstances you may request that the denial be reviewed. Another licensed health care professional chosen by Bowen Center will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.

Right to Amend. If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for Bowen Center. To request an amendment, your request must be made in writing and submitted to the Bowen Center Privacy Officer. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:

o Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
o Is not part of the medical information kept by or for the hospital;
o Is not part of the information which you would be permitted to inspect and copy; or Is accurate and complete.

Right to an Accounting of Disclosures. You have the right to request an "Accounting of Disclosures." This is a list of the disclosures we made of medical information about you. To request this list or accounting of disclosures, you must submit your request in writing to the Bowen Center Privacy Officer. Your request must state a time period which may not be longer than six years and may not include dates before February 26, 2003. Your request should indicate in what form you want the list (for example, on paper, electronically). The first list you request within a 12 month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a specific treatment session you had. We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment. To request restrictions, you must make your request in writing to the Bowen Center Privacy Officer. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse.

Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to the Bowen Center Privacy Officer. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice. You may obtain a copy of this notice at our website, www.bowencenter.org. To obtain a paper copy of this notice, ask your treatment provider or the client services staff. You may also contact the Bowen Center Privacy Officer to request a paper copy.

CHANGES TO THIS NOTICE :
We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice in each of our facilities. The notice will contain on the first page, in the center, fourth line from the top, the effective date. In addition, each time you register at or are admitted to Bowen Center for treatment or health care services as an inpatient or outpatient, we will offer you a copy of the current notice in effect.

COMPLAINTS :
If you believe your privacy rights have been violated, you may file a complaint with Bowen Center or with the Secretary of the Department of Health and Human Services. To file a complaint with Bowen Center, contact the Bowen Center Privacy Officer at PO Box 497, Warsaw, Indiana, 46581-0497. All complaints must be submitted in writing. You will not be penalized for filing a complaint. If you have any questions, please contact the Privacy Officer at 574-267-7169, extension 2974. You may also contact Joint Commission at 1-800-994-6610 or by e-mail at complaint@jointcommission.org You have the right to contact and consult with legal counsel.

OTHER USES OF MEDICAL INFORMATION:
Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you.

 

CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE CLIENT RECORDS:
When a client is enrolled in a Bowen Center substance abuse treatment program, the confidentiality of alcohol and drug abuse client records maintained by Bowen Center is protected by 42 CFR Part 2 Federal law and regulations. Generally, Bowen Center may not communicate to a person outside the program that a client attends the program, or disclose any information identifying a client as an alcohol or drug abuser UNLESS:

-the client consents in writing;
-the disclosure is allowed by a court order; or
-the disclosure is made to medical personnel for research, audit, or program evaluation.

Disclosures which are permitted without the client's written consent include:

-internal communications between Bowen Center staff who have a need to know for continuity of treatment, billing purposes, etc;
-qualified service organizations who provide services to the program, including but not limited to data processing, bill collecting, medication dosage preparation, laboratory analyses, legal or medical or accounting services, etc;
-medical emergencies

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 client either at the program or against any person who works for the program or about any threat to commit such a crime.

Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under State law to appropriate State or local authorities.

AQ063 (R 04) (06/01/07)