CARE Inc. HIPAA Notice of Privacy Practices
Effective Date: July 8, 2024
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
I – INTRODUCTION
This Notice of Privacy Practices describes how we may use and disclose your protected health information (PHI) to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by law. This Notice also describes your rights regarding health information we maintain about you and provides a brief description of how you may exercise these rights. This Notice further states our obligations to protect your health information. This notice complies with the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, the Genetic Information Nondiscrimination Act (GINA), the California Consumer Privacy Act (CCPA), and other relevant federal and state privacy laws.
“Protected health information” means health information including identifying information about you that we have collected from you or received from your health care providers, health plans, employer, or a health care clearinghouse. It may include information about your past, present, or future physical or mental health condition, the provision of your health care, and payment for your health care services.
We are required by law to maintain the privacy of your health information and to provide you with this Notice of our legal duties and privacy practices with respect to your health information. We are also required to comply with the terms of our current Notice of Privacy Practices.
This notice applies to CARE Inc., which also does business as Comprehensive Autism Related Education Inc., C.A.R.E., and CARE Behavior Services.
II – HOW WE WILL USE AND DISCLOSE YOUR HEALTH INFORMATION
We will use and disclose your health information as described in each category listed below. For each category, we will explain what we mean in general but not describe all specific uses or disclosures of health information.
A. Uses and Disclosures for Treatment, Payment, and Operations
For treatment. We can use your health information within our agency, CARE Inc. to provide you with treatment, such as early intervention treatment, behavioral health treatment, adaptive skills training, speech therapy, occupational therapy, physical therapy, and other types of services provided by CARE Inc. This includes discussing or sharing your health information with CARE Inc. therapists, staff, supervisors, trainees, interns, and business associates involved in your care. For example, we may discuss your treatment with a supervisor, consult with another CARE Inc. therapist, or coordinate with a telemedicine provider to facilitate your care. Documents containing confidential information (i.e., data, case notes, progress reports, etc.) may be securely delivered physically to your home/location of service or electronically to maintain consistent documentation of the treatment communication across CARE Inc. provider(s) and legal guardian/client. It is the responsibility of the legal guardian/client to maintain the confidentiality of these documents. CARE Inc. will take reasonable measures to ensure the secure delivery of documents but will not be responsible for a breach of confidentiality once the documents are in your possession.
For health care operations. We may disclose your health information to facilitate the efficient and correct operation of our agency. For example, we may provide your health information to our attorneys, accountants, consultants, and others to ensure compliance with applicable laws. We may also disclose your health information to business associates who perform services on our behalf such as billing, scheduling, data analysis, information technology support, and other administrative work. Our business associates are required by law to protect your health information and comply with the same privacy and security regulations that apply to us.
For payment. We may use and disclose your health information to bill and collect payment for treatment and services we provided to you. For example, we may send your health information to your insurance company or health plan to receive payment for the health care services that we have provided to you. We could also provide your health information to business associates such as billing companies, collection agencies, and those assisting with payment processes. Our business associates are required by law to protect your health information.
Electronic storage of information. Your health information may be stored electronically in secure systems to ensure the accuracy and availability of your information for treatment, payment, and health care operations. We use industry-standard security measures to protect your electronic health information from unauthorized access, use, or disclosure. This includes encryption, access controls, and regular security audits to maintain the confidentiality and integrity of your information.
B. Uses and Disclosures That May be Made without Your Authorization but for Which You Will Have an Opportunity to Object
Persons involved in your care. We may provide health information about you to someone who helps pay for your care. We may use or disclose your health information to notify or assist in notifying a family member, personal representative, public guardian, conservator, or any other person responsible for your care, location, general condition, or death. We may also use or disclose your health information to an entity assisting in disaster relief efforts and to coordinate uses and disclosures for this purpose to family or other individuals involved in your health care. In limited circumstances, we may disclose health information about you to a family member or friend involved in your care. If you are physically present and have the capacity to make health care decisions, your health information may only be disclosed with your agreement to persons you designate to be involved in your care. If you are in an emergency, we may disclose your health information to a spouse, a family member, or a friend to help with your care. In this case, we will determine whether the disclosure is in your best interest and if so, only disclose information directly relevant to participation in your care. If you are not in an emergency situation but are unable to make health care decisions, we will disclose your health information to:
a person designated to participate in your care in accordance with an advance directive validly executed under state law; or
your guardian or other fiduciary if one has been appointed by a court; or
if applicable, the state agency responsible for consenting to your care.
C. Uses and Disclosures That May be Made Without Your Authorization or Opportunity to Object
Emergencies. We may use and disclose your health information in an emergency treatment situation. For example, we may provide your health information to a paramedic who is transporting you in an ambulance. If you are unable to give consent due to your condition, we may use or disclose your health information if it is determined to be in your best interest. Once the emergency has ended, we will follow up with you to obtain your authorization for any further uses or disclosures of your health information.
Research. We may disclose your health information to researchers when the agency’s Institutional Review Board has reviewed and approved their research proposal and established protocols to protect the privacy of your health information.
As required by law. We will disclose health information about you when required to do so by federal, state, or local law.
To avert a serious threat to health or safety. We may use and disclose health information about you when necessary to prevent a serious and imminent threat to your health or safety or to the health or safety of the public or another person. Under these circumstances, we will only disclose health information to someone who can help prevent or lessen the threat.
Organ and tissue donation. If you are an organ donor, we may release your health information to an organ procurement organization or to an entity that conducts organ, eye, or tissue transplantation or serves as an organ donation bank as necessary to facilitate organ, eye, or tissue donation and transplantation.
Public health activities. We may disclose health information about you as necessary for public health activities, including disclosures to:
public health authorities for the purpose of preventing or controlling disease, injury, or disability;
report vital events such as birth or death;
conduct public health surveillance or investigations;
report certain events to the Food and Drug Administration (FDA) or to a person subject to the jurisdiction of the FDA, including information about defective products or medications;
notify consumers about FDA-initiated product recalls;
notify a person who may have been exposed to a communicable disease or who is at risk of contracting or spreading a disease or condition;
notify the appropriate government agency if we believe you have been a victim of elder/dependent adult abuse and/or neglect.
Health oversight activities. We may disclose health information about you to a health oversight agency for activities authorized by law. Oversight agencies include government agencies that oversee the health care system, government benefit programs such as Medicare or Medicaid, other government programs regulating healthcare, and civil rights laws.
Disclosures in legal proceedings. We may disclose health information about you to a court or administrative agency when a judge or administrative agency orders us to do so. We may also disclose health information about you in legal proceedings without your permission or without a judge or administrative agency order when we receive a subpoena for your health information.
Law enforcement activities. We may disclose health information to a law enforcement official for law enforcement purposes when:
a court order, subpoena, warrant, summons, or similar process requires us to do so;
the information is needed to identify or locate a suspect, fugitive, material witness, or missing person;
we report a death that we believe may be the result of criminal conduct;
we report criminal conduct occurring on the premises of our facility;
we determine that the law enforcement purpose is to respond to a threat of an imminently dangerous activity by you against yourself or another person;
the disclosure is otherwise required by law. We may also disclose health information about a client who is a victim of a crime without a court order or without being required to do so by law. However, we will do so only if the disclosure has been required by a law enforcement official and the victim agrees to the disclosure or, in the case of the victim’s incapacity, the following occurs: The law enforcement official represents to us that (i) the victim is not the subject of the investigation, (ii) an immediate law enforcement activity to meet a serious danger to the victim or others depends upon the disclosure, and (iii) we determine that the disclosure is in the victim’s best interest.
Medical examiners or funeral directors. We may provide health information about our patients to a medical examiner. Medical examiners are appointed by law to assist in identifying deceased persons and to determine the cause of death in certain circumstances. We may also disclose health information about our patients to funeral directors as necessary to carry out their duties.
Military and veterans. If you are a member of the armed forces, we may disclose your health information as required by military command authorities. We may also disclose your health information for the purpose of determining your eligibility for benefits provided by the Department of Veterans Affairs. If you are a member of a foreign military service, we may disclose your health information to that foreign military authority.
National security and protective services for the President and others. We may disclose health information about you to authorized federal officials for intelligence, counter-intelligence, and other national security activities authorized by law. We may also disclose health information about you to authorized federal officials so they may provide protection to the President, other authorized persons, or foreign heads of state, or so they may conduct special investigations.
Inmate/probation clients. If you are an inmate or under the custody of a law enforcement official (i.e., on probation), we may disclose your health information to the correctional institution or law enforcement official.
Worker’s Compensation. We may disclose health information about you to comply with Worker’s Compensation laws.
III – USES AND DISCLOSURES OF YOUR HEALTH INFORMATION WITH YOUR PERMISSION
Uses and disclosures not described in Section II of this Notice of Privacy Practices will generally only be made with your written permission called an “authorization.” You have the right to revoke an authorization at any time. If you revoke your authorization, we will not make any further uses or disclosures of your health information under that authorization unless we have already taken an action relying upon the uses and disclosures you have previously authorized.
IV – YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION
These are your rights with respect to your health information:
Right to inspect and copy. You have the right to request an opportunity to inspect or copy health information used to make decisions about your care – whether they are decisions about your treatment or payments for your care. Usually, this would include clinical and billing records but not clinical notes. You must submit your request in writing to our Privacy Officer, Yue Li, at CARE Inc., 15315 Magnolia Blvd, Suite 306, Sherman Oaks, CA 91403. You may also request an electronic copy of your health information if it is maintained in an electronic format, and we will provide it to you in a secure manner. If you request a copy of the information, we may charge a fee for the cost of copying, mailing, and supplies associated with your request. We may deny your request to inspect or copy your health information in certain limited circumstances. In some cases, you will have the right to have the denial reviewed by a licensed health care professional not directly involved in the original decision to deny access. We will inform you in writing if the denial of your request may be reviewed. Once the review is completed, we will honor the decision made by the licensed health care professional reviewer.
Right to amend. If you believe that there is some error in your health information or that important information has been omitted, you have the right to request that we correct the existing information or add the missing information. Your request and the reason for the request must be made in writing. You will receive a response within 60 days of our receipt of your request. We may deny your request if we find that the health information is (a) correct and complete, (b) forbidden to be disclosed, (c) not part of our records, or (d) written by someone other than us. Our denial must be in writing and must state the reasons for the denial. It must also explain your right to file a written statement objecting to the denial. If you do not file a written objection, you still have the right to ask that your request and our denial be attached to any future disclosures of your health information. If we approve your request, we will make the change(s) to your health information. (We are not obligated to delete any information, only add corrections or additions.) Additionally, we will tell you that the changes have been made, and we will advise all others who need to know about the change(s).
Right to an accounting of disclosures. You have the right to request a list of disclosures of your health information that we have made. The list will not include uses or disclosures to which you have already consented, i.e., those for treatment, payment, or health care operations sent directly to you or to your family; neither will the list include disclosures made for national security purposes, to corrections or law enforcement personnel. We will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list we give you will include disclosures made in the previous six years (if applicable), unless you indicate a shorter period. The list will include the date of the disclosure, to whom health information was disclosed (including their address if known), a description of the information disclosed, and the reason for the disclosure. We will provide the list to you at no cost unless you make more than one request in the same year, in which case we will charge you a reasonable sum based on a set fee for each additional request.
Right to request restrictions and confidential communications. You have the right to ask that we communicate with you about your health information only in a certain location or through a certain method. For example, you may request that we send the information to your work address rather than your home address, or that we use email, SMS/text messages, or phone calls instead of regular mail. We must agree to your request provided that we can give you the health information in the format you requested without undue inconvenience. You do not need to give us a reason for the request; but your request must specify how or where you wish to be contacted.
Right to get this notice by email. You have the right to get this notice by email. You have the right to request a paper copy of it as well.
Rights Under the California Consumer Privacy Act (CCPA). You have the following rights under the CCPA:
Right to Know: You have the right to request information about the categories and specific pieces of personal information we have collected about you, the sources from which the information is collected, the purpose for collecting the information, and the categories of third parties with whom we share the information.
Right to Delete: You have the right to request the deletion of your personal information, subject to certain exceptions.
Right to Opt-Out: You have the right to opt-out of the sale of your personal information. Note that CARE Inc. does not sell your personal information.
Right to Non-Discrimination: You have the right not to be discriminated against for exercising any of your CCPA rights.
CARE WILL NOT USE YOUR PRIVATE INFORMATION SUCH AS YOUR ADDRESS, PHONE NUMBER, OR EMAIL WITH A THIRD PARTY OR VENDOR WITHOUT YOUR PERMISSION.
To exercise your rights under the CCPA, please contact us at:
CARE Inc.
15315 Magnolia Blvd. Ste # 306
Sherman Oaks, CA 91403
Attention: Yue Li, CEO
Phone: (888) 353-8285
Email: info@carebehaviorservices.com
V – CONFIDENTIALITY OF SUBSTANCE ABUSE RECORDS
For individuals who have received treatment, diagnosis, or referral for treatment regarding drug or alcohol use/abuse, the confidentiality of drug or alcohol use/abuse is protected by federal law and regulations. As a general rule, we may not disclose to any person outside the agency that you receive treatment for alcohol or drug use/abuse unless:
you authorize the disclosure in writing; or
the disclosure is permitted by a court order; or
the disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation purposes; or
you threaten to commit a crime either at the agency or against any person who works for our agency.
A violation by us of the federal law and regulations governing drug or alcohol abuse is a crime. Suspected violations may be reported to the U.S. Attorney in the district where the violation occurs.
Federal law and regulations governing the confidentiality of drug or alcohol abuse permit us to report suspected child, elder, or dependent adult abuse or neglect under state law to appropriate state or local authorities.
Please see 42 U.S.C. § 290dd-2 for federal law and 42 C.F.R. Part 2 for federal regulations governing confidentiality of alcohol and drug abuse patient records.
VI – BREACH NOTIFICATION POLICY
We are required by law to notify you in the event of a breach of your protected health information. A breach occurs when there is an unauthorized acquisition, access, use, or disclosure of your health information that compromises the security or privacy of the information. If a breach of your unsecured protected health information occurs, we will notify you promptly. Our notification will include a brief description of what happened, the types of information that were involved, the steps we are taking to investigate the breach, mitigate the harm, and prevent further breaches, as well as any steps you can take to protect yourself from potential harm resulting from the breach. We will also inform you about how you can contact us with any questions or concerns.
VII – COMPLAINTS
If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with us, contact:
Privacy Officer
CARE Inc.
15315 Magnolia Blvd. Ste # 306
Sherman Oaks, CA 91403
Attention: Yue Li, CEO
Phone: (888) 353-8285
Email: info@carebehaviorservices.com
To file a complaint with the U.S. Department of Health and Human Services, contact:
Office for Civil Rights
U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Room 509F, HHH Building
Washington, D.C. 20201
Phone: 1-800-368-1019
Email: OCRComplaint@hhs.gov
Website: OCR Complaint Portal
All complaints must be submitted in writing. We will not retaliate against you for filing a complaint.
VIII – CHANGES TO THIS NOTICE
Please note that we reserve the right to change the terms of this Notice and our privacy policies at any time as permitted by law. Any significant changes will be communicated to you through our website, by email, or by mail, and the updated Notice will be available at our office and on our website. Any changes will apply to the health information already on file with us. Should we make any significant changes to our policies, we will immediately change this Notice and post a new copy of it on our website www.CAREbehaviorservices.com and make it available from any of our Clinicians for your viewing. You may also request a copy of this Notice from us at any time.
IX – AVAILABILITY OF NOTICE OF PRIVACY PRACTICES
This Notice of Privacy Practices is available upon request from any of our clinicians or administrative staff. You can also obtain a copy at any time by visiting our website or contacting our office directly.
Our clinicians are committed to helping you understand your rights and our obligations regarding the privacy of your health information. If you have any questions or need further information, please do not hesitate to ask your clinician or contact our Privacy Officer.