Privacy Policy

NOTICE OF PRIVACY PRACTICES

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To promote individuals’ right to adequate notice of the uses and disclosures of protected health information (“PHI”), their individual rights, and Charter Oak Health Center’s legal duties with respect to PHI.

  1. Generally. An individual has a right to adequate notice of the uses and disclosures of PHI that may be made by Charter Oak Health Center, and the individual’s rights and Charter Oak Health Center’s legal duties with respect to PHI.
  2. Notice Contents.
  3. Required Elements. Charter Oak Health Center must provide a notice that is written in plain language and that contains the following elements:
  • Header. A prominently displayed header containing the following statement: “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.”
  • Uses and Disclosures. The notice must contain:
    • A description, including at least one example, of the type of uses and disclosures that Charter Oak Health Center is permitted to make for each of: treatment, payment, and health care operations. The description must include sufficient detail to place the individual on notice of permitted and required uses and disclosures.
    • A description of each of the other purposes for which Charter Oak Health Center is permitted or required to use or disclose PHI without the individual’s authorization. The description must include sufficient detail to place the individual on notice of permitted or required uses and disclosures.
    • A statement reflecting any state law that governs the use or disclosure of PHI more stringent than the federal requirement.
    • A statement regarding the uses and disclosures: (A) of psychotherapy notes (if the covered entity maintains psychotherapy notes); (B) for marketing purposes; and (C) for the sale of PHI will be made only with the individual’s authorization.
    • A statement that other uses and disclosures not described in the notice will be made only with the individual’s written authorization and that the individual may revoke such authorization at any time.
  • Separate Statements for Certain Uses or Disclosures. If Charter Oak Health Center intends to engage in fundraising, the notice must include a separate statement informing the individual of Charter Oak Health Center’s fundraising activities, that the Charter Oak Health Center may contact the individual to raise funds for the Charter Oak Health Center, and that the individual has a right to opt out of receiving such communications. Charter Oak Health Center may not condition treatment or payment on the individual’s choice with respect to the receipt of fundraising communications.
  • Individual Rights. The notice must contain a statement of individual’s rights with respect to PHI and a brief description of how the individual may exercise these rights as follows:
    • The right to request restrictions on certain uses and disclosures of PHI including a statement that Charter Oak Health Center is not required to agree to a restriction, unless the restriction relates to an individual’s request to restrict disclosure of PHI about the individual to a health plan if: (A) the disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law; and (B) the PHI pertains solely to a health care item or service for which the individual, or person other than the health plan on behalf of the individual, has paid the Charter Oak Health Center out of pocket and in full.
    • The right to receive confidential communications of PHI.
    • The right to inspect and copy PHI.
    • The right to amend PHI.
    • The right to receive an accounting of disclosures of PHI.
    • The right to obtain a paper copy of the notice from Charter Oak Health Center upon request.
    • The right to request transmission of PHI in electronic format.
  • Charter Oak Health Center Duties. The notice must contain each of the following:
    • A statement that Charter Oak Health Center is required by law to maintain the privacy of PHI, to provide individuals with notice of Charter Oak Health Center’s legal duties and privacy practices with respect to PHI, and to notify affected individuals following a breach of unsecured PHI.
    • A statement that Charter Oak Health Center is required to abide by the terms of the notice currently in effect.
    • A statement that Charter Oak Health Center reserves the right to change the terms of its notice and to make the new notice provisions effective for all PHI that it maintains. As Charter Oak Health Center’s privacy practices change, the notice must be revised accordingly.
  • Complaints. The notice must contain a statement that individuals may complain to Charter Oak Health Center’s Privacy Officer and to the Secretary if they believe their privacy rights have been violated. This must include a brief description of how the individual may file a complaint with Charter Oak Health Center, and a statement that Charter Oak Health Center will not retaliate against the individual for filing a complaint.
  • Contact. The notice must contain the name, or title, and telephone number of a person or office to contact for further information.
  • Effective Date. The notice must contain the date on which the notice is first in effect, which may not be earlier than the date on which the notice is printed or otherwise published.
  1. Optional Notice Elements. If Charter Oak Health Center elects to limit the use or disclosure that it is permitted to make, Charter Oak Health Center may describe its more limited uses or disclosures in its notice. Charter Oak Health Center may not include in its notice a limitation affecting its right to do the following:
    • To make a use or disclosure as required by law; or
    • To prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
  2. Revisions to the Notice. Charter Oak Health Center must promptly revise and distribute its notice whenever there is a material change to the uses or disclosures, the individual’s rights, Charter Oak Health Center’s duties, or other privacy practices stated in the notice. Except when required by law, a material change to any term of the notice may not be implemented before the revised notice becomes effective.
  3. Providing Notice. Charter Oak Health Center must provide the notice to any person upon request. Charter Oak Health Center personnel that have a direct treatment relationship with an individual must either:
    1. Provide notice before the date of the first service delivery, including service delivered electronically.
    2. Provide notice as soon as reasonably practicable after emergency treatment.
  1. Notice Availability. A copy of the notice must be
    1. available at Charter Oak Health Center’s location where services are provided for individuals to take, and
    2. posted in a clear and prominent location for individual’s to read.
  1. Specific Requirements for Electronic Notice. If Charter Oak Health Center maintains a web site that provides information about Charter Oak Health Center’s customer services or benefits, it must post its notice on the web site and make the notice available electronically through the web site. Charter Oak Health Center may provide the notice required by this section to an individual by e-mail, if the individual agrees to electronic notice and such agreement has not been withdrawn. If Charter Oak Health Center knows that the e-mail transmission has failed, a paper copy of the notice must be provided to the individual.
  2. Documentation. The covered entity must document compliance with the notice requirement by retaining copies of the notices issued by the covered entity.