Client Rights, Protected Health Information, Client Responsibilities, Hours of Operation, Involuntary Discharge, Filing a Complaint, and Consent.
Basic Rights and Expectations
- Receive high-quality service.
- Be treated with respect and courtesy and free from abuse, neglect, and exploitation.
- Receive service in offices that are safe, clean, and welcoming.
- Get information and support to help you make decisions to improve your situation.
- Participate in all service decisions and request a review of your care, treatment, and service plan.
- Be served without discrimination.
- Receive services in a manner that is non-coercive and that protects your right to self-determination.
- Consistent enforcement of program rules and expectations.
- Receive services that are respectful of, and responsive to, cultural and linguistic differences.
- Refuse any service or treatment, unless mandated by law or court order (if applicable) and be informed about the consequences of such refusal, which can include discharge.
- Have our program/service adapted, as appropriate and reasonable, to accommodate visual, auditory, linguistic, and motor abilities.
Rights Specifically Regarding Protected Health Information, (hhs.gov)
- You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record: You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this. We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications: You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will say “yes” to all reasonable requests.
- You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
- You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
- We will include all the disclosures except for those about treatment, billing to funding sources, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we take any action.
- You can complain if you feel we have violated your privacy rights by contacting the Human Resources Manager – see information below.
- You can file a complaint with 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 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
- We will not retaliate against you for filing a complaint.
- If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions. In these cases, you have both the right and choice to tell us to: Share information with your family, close friends, or others involved in your care; Share information in a disaster relief situation; Include your information in a hospital directory. If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
- Most sharing of psychotherapy notes is done only with your written permission.
- We may contact you for fundraising efforts, but you can tell us not to contact you again.
- We can use your health information and share it with other professionals who are treating you.
- We can use and share your health information to run our programs, improve your care, and contact you when necessary.
- We can use and share your health information to bill and get payment from health plans or other entities.
- We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
- Help with public health and safety issues, such as: Preventing disease, Helping with product recalls, Reporting adverse reactions to medications, Reporting suspected abuse, neglect, or domestic violence, Preventing or reducing a serious threat to anyone’s health or safety, conducting research.
- We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
- Respond to organ and tissue donation requests from organ procurement organizations.
- Work with a medical examiner or funeral director when an individual dies.
- We can use or share health information about you: a) For workers’ compensation claims, b) For law enforcement purposes or with a law enforcement official, c) With health oversight agencies for activities authorized by law, d) For special government functions such as military, national security, and presidential protective services.
- We can share health information about you in response to a court or administrative order, or in response to a subpoena.
As a team member of the Center for Children, we have the following responsibilities.
- We are required by law to maintain the privacy and security of your protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
As a client of the Center for Children, you have the following responsibilities.
- Treat the staff and others at El Paso Center for Children with courtesy and respect.
- Let El Paso Center for Children know 24 hours before if you cannot come to an appointment.
- Provide honest, accurate and complete information, to the best of your ability, so the services you receive can be tailored to meet your needs.
- Participate in creating and reviewing your treatment/service plan, if applicable.
- Let us know of any change in your living situation, address or phone number.
- Be available for a follow-up call within 90 days of ending services so we can get your feedback on your welfare and our services.
- Immediately inform staff if you have any concerns or problems with the service you or your children are receiving. You are encouraged to contact the supervisor of the program you are participating in if you have any concerns which are not addressed to your satisfaction.
In general, staff can be reached at the Center for Children between 9:00 a.m. and Noon and between 1:00 p.m. and 5:00 p.m. However, many staff members provide on-call and other services during non-traditional hours of operation. Business cards have the mobile numbers and e-mail addresses for team members and we encourage you to use those along with the primary telephone number for the program you are enrolled in to communicate with staff.
Clients can always voluntarily terminate their services at the Center. Because of the wide range of programs, there may be some differences in the kinds of rules, expectations, and other factors that can result in the Center terminating services with a client. Those are included in each program’s enrollment processes, but in general, a client’s services will be terminated in the following conditions:
- Client has mental health needs that are beyond the staff’s area of expertise. For example, the client requires a different level of treatment (e.g., inpatient or crisis intervention) or more specialized treatment (e.g., trauma or substance abuse) than available at the Center for Children.
- Conflict of interest is identified after treatment begins.
- Client fails to make adequate progress toward treatment goals or fails to comply with treatment recommendations.
- Client fails to participate in services (e.g., non-compliance, no shows, or cancellations).
- Lack of communication/contact from the client.
- Client threatens violence toward staff or demonstrates other aggressive behavior toward staff, other clients, or guests of the Center.
The Center for Children is committed to listening to service user and community member complaints and responding in a fair, timely and respectful manner. All complaints will be given due consideration without reprisal or discrimination. Language support for non-English speaking service users or community members will be provided.
- All aspects of a complaint will be handled in confidence. However, if the complaint involves allegations of illegal or unethical behavior, information may need to be shared with external authorities.
- To provide maximum support to the staff-client and community member relationship, the complaint resolution process begins with the involvement of the staff person who provided service, unless this is not in the best interests of the client or community member.
- Share your complaint with the person providing you services. If you feel reluctant to speak directly to the person providing service, you should ask to speak to the manager/director of the program you are enrolled in.
- The manager/director should arrange to meet with you at the earliest possible time, preferably within 5 business days. The person providing services will, in most cases, be asked to participate in this meeting.
- If the complaint is handled to the mutual satisfaction of the complainant (the client or community member) and the service provider, the complaint and resolution is documented on the Complaint Form and a copy is forwarded to the manager/director of the program you are enrolled in.
- If the person providing service or their manager/director are unable to resolve your complaint you may ask to speak with the Human Resources Manager.
- The Human Resources Manager will call you to set up a time to discuss your complaint. Whenever possible, your service provider and the manager you have spoken with will also attend this meeting. Within two weeks of meeting the client or community member, the Human Resources Manager or her/his designee will send a letter to you outlining any agreement that was reached. If needed, the Human Resources Manager will consult with a member of the executive team.
The person(s) providing the service and those at the first level of authority will be kept informed throughout all attempts to resolve complaints except possibly in instances where there is an allegation of criminal or serious ethical breach of conduct by the Center personnel.
- This notice is effective as of 1/1/2019
- Karina Rodas, the Human Resources Manager, is the point of contact for Privacy-related issues. She can be reached at 915-565-8361 or firstname.lastname@example.org
- We never market or sell personal information.