Notice of Privacy Practices
Enspirit Healthcare, LLC is required by applicable state and federal law to maintain the privacy of each client’s protected health information. “Client” refers to the individual, whether by birth or adoption, or any other minor for whom a parent/guardian is legally responsible. Protected Health Information (“PHI”) is any piece of information in the client’s medical record that was created, used, or disclosed during the course of diagnosis or treatment that can be used to personally identify your child. PHI includes all of the identifiable health information regarding your child, maintained or transmitted by Enspirit Healthcare and its staff, in any form or medium, whether electronic, on paper, or oral. PHI is protected under the Health Insurance Portability and Accountability Act (“HIPAA”).
The Enspirit Healthcare notice summarizes the privacy practices that will be followed by Enspirit Healthcare and the rights concerning the client’s PHI. The notice applies to all of the records of the client’s care and billing for that care that are generated and maintained by Enspirit Healthcare, whether made by Enspirit Healthcare personnel or other health care providers. This notice will remain in effect until Enspirit Healthcare replaces it. Enspirit Healthcare reserves the right to change this notice. Enspirit Healthcare also reserves the right to make revisions effective for medical information it already has about the client as well as any information it may receive in the future. Enspirit Healthcare will post a copy of the revised notice on the Enspirit Healthcare website and its office. If the notice changes, a copy will be available upon request.
Uses and Disclosures of PHI
Enspirit Healthcare uses and discloses client PHI for treatment, payment, and healthcare operations.
Treatment: The client’s PHI will be used to provide medical treatment. “Treatment” is the provision, coordination, or management of health care and related services. It includes, but is not limited to, consultations and referrals. (Ex. Enspirit Healthcare may disclose a client’s PHI to direct support staff (such as Board Certified Behavior Analysts, Behavior Technicians, and Registered Behavior Technicians), doctors, psychologists, licensed psychological associates, providers of support services, and other personnel involved in the client’s treatment.
Payment: The client’s PHI will be used and disclosed to obtain payment for the care provided by Enspirit Healthcare. “Payment” includes, but is not limited to, actions to determine eligibility for benefits and processing payment for treatment or services received from Enspirit Healthcare. (Ex. Enspirit Healthcare may disclose a client’s PHI for verification of payment eligibility and to receive payment for services, as applicable).
Health Care Operations: Where permitted by state and federal laws, Enspirit Healthcare may use and disclose a client’s PHI in conducting its health care operations. Enspirit Healthcare “health care operations” include evaluating the performance of its staff involved in the care and treatment of a client or in an effort to improve their skills as health care providers. (Ex. Information may need to be disclosed to direct support staff such as Board Certified Behavior Analysts, Behavior Technicians, Registered Behavior Technicians, doctors, psychologists, licensed psychological associates, providers of support services, and other personnel involved in a client’s treatment for both review of treatment and learning tools to provide higher quality of care).
Other Uses and Disclosures that do not Require Individual Authorization
Subject to certain requirements, Enspirit Healthcare may use or disclose a client’s PHI in certain limited situations without prior authorization. These situations include:
Public Health: Enspirit Healthcare may use or disclose a client’s PHI for public health activity purposes to a public health authority where permitted under state and federal law. For instance, Enspirit Healthcare may disclose a client’s PHI, if authorized by state or federal law, if your child has been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.
To Family and Friends and Persons involved in Care: Enspirit Healthcare must disclose a client’s PHI to you, as described in the Patient Rights Notice. Enspirit Healthcare may disclose a client’s PHI to a family member, friend, or other person involved in the client’s treatment to the extent necessary to help with the child’s health care, so long as the professional responsible for the client’s care has not determined that such release of information would be harmful to the client’s physical or mental well-being or that the intended recipient of the information lacks a legitimate need for it. You have the right to object to these types of disclosures. Enspirit Healthcare will use its professional judgement and experience with common practice to make reasonable inferences of a client’s best interest in allowing a person to access health information.
Emergency: As permitted by federal and state law, Enspirit Healthcare may disclose a client’s PHI in emergency situations involving the client.
Research: Under certain circumstances, Enspirit Healthcare may disclose a client’s PHI for research purposes.
Required by Law: Enspirit Healthcare may use or disclose a client’s PHI when required to do so by law, for instance, when such disclosure is required by state or federal law or other judicial or administrative proceeding.
Judicial or Administrative Proceeding: In certain limited situations, Enspirit Healthcare may use or disclose your child’s PHI response to valid judicial or administrative orders, orders of the court, and in response to a subpoena, discovery request, or other lawful process.
Law Enforcement: In accordance with state and federal law, Enspirit Healthcare may disclose a client’s PHI for law enforcement purposes. For instance, Enspirit Healthcare may disclose a client’s PHI is necessary to comply with laws that require reporting of certain types of wounds or other physical injuries.
Abuse or Neglect: Enspirit Healthcare may disclose a client’s PHI to appropriate authorities if Enspirit Healthcare reasonably believes that the client is a possible victim of abuse, neglect, or domestic violence or the possible victim of other crimes. Enspirit Healthcare may disclose a client’s PHI to the extent necessary to avert a serious threat to a client’s health or safety or the health or safety of others. Enspirit Healthcare will often inform of the disclosure unless doing so would cause a risk of harm or we reasonably believe that you may be responsible for the abuse, neglect, or other injury and that informing you would not be in the best interest of the client.
Serious Threat to Health or Safety: Enspirit Healthcare may disclose a client’s PHI, consistent with applicable law and standards of ethical conduct, if necessary to prevent or lessen a serious threat to health and safety. For instance, the Enspirit Healthcare professional responsible for the client’s care may disclose a client’s PHI to prevent or lessen a serious and imminent threat to the health or safety of a person or the public in general.
Public Health Oversight Activities: Where authorized under state and federal law, Enspirit Healthcare may disclose a client’s PHI for health care oversight activities. For instance, Enspirit Healthcare may disclose a client’s PHI to a health oversight agency for such activities as audits, investigations (civil, administrative, or criminal), inspections, licensure, or other activities necessary for appropriate health care oversight.
Coroners, Funeral Directors, or Organ Donation: Where permitted under state and federal law, Enspirit Healthcare may disclose a client’s PHI to a coroner or medical examiner for the purpose of identifying a client, should a client die, identifying the cause of death, or performing other activities authorized by law. Enspirit Healthcare may also disclose a client’s PHI to a funeral director, as authorized by state and federal law, in order to permit the funeral director to carry out his or her duties. The client’s PHI may also be used and disclosed for cadaveric organ, eye, or tissue donation purposes.
National Security and Intelligence Activities: Enspirit Healthcare may disclose a client’s PHI to federal officials for the conduct of intelligence, counter-intelligence, and national security activities authorized by law.
Uses and Disclosures that Require Written Authorization
Except for the general categories of uses and disclosures of a client’s PHI for treatment, payment, and health care operations and other special situations described above, Enspirit Healthcare must obtain written authorization from a parent/guardian in order to use or disclose a client’s PHI. Enspirit Healthcare shall be required to obtain written authorization from a parent/guardian prior to the use or disclosure of a client’s PHI: 1) for marketing purposes, except if the communication is in the form of a face to face communication made by Enspirit Healthcare to parent/guardian or in the form of a promotional gift of nominal value provided by Enspirit Healthcare, or 2) in connection with the sale of a client’s health information.
You may cancel an authorization whenever you choose as long as withdrawal is in writing. If you cancel your authorization, Enspirit Healthcare will no longer use or disclose a client’s PHI for the reasons indicated in the authorization. You understand that Enspirit Healthcare is unable to take back any disclosures already made prior to cancellation. Uses and disclosures related to a client’s PHI not described in this notice will be made only after authorization is obtained.
Patient Rights
Rights related to PHI and Enspirit Healthcare responsibilities
Right to Inspect and Copy: Client’s have the right to look at or get copies of the client’s PHI. With limited exceptions, for as long as the information remains in our records. In addition, you have the right to request an amendment to your health information. Any requests to inspect or copy the client’s PHI must be provided to Enspirit Healthcare in writing.
Right to Accounting of Disclosures: Client’s have the right to receive a list of instances in which a client’s PHI was disclosed for purposes other than treatment or certain other activities for the six (6) year period prior to the date of a written request. Enspirit Healthcare will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked Enspirit Healthcare to make). Enspirit Healthcare will provide one accounting per year at no charge, but will charge a reasonable, cost-based fee if you ask for another accounting within twelve (12) months.
Right to Request Restrictions: A client may request, in writing, that we place additional restrictions on our use or disclosure of a client’s PHI. Enspirit Healthcare is not required to agree to these additional restrictions, but if Enspirit Healthcare does, it will abide by any such agreement (except in an emergency).
Right to Amend: A client may request that Enspirit Healthcare amend a client’s PHI. A request must be in writing, and it must explain why the information should be amended. Enspirit Healthcare may deny your request under certain circumstances.
Right to Breach Notification: Enspirit Healthcare will investigate any discovered unauthorized use or disclosure of a client’s unsecured PHI to determine if it constitutes a breach of the federal privacy or security regulations. If Enspirit Healthcare determines that a breach has occurred, we will notify you of a breach and advise you of what we intend to do to mitigate the damage (if any) caused by the breach.
Right to Request Confidential Communications: Client’s have the right to request that Enspirit Healthcare communicate with you about medical matters in a certain way or at a certain location. For instance, you can ask that Enspirit Healthcare only contact you at work or by mail, or at another mailing address other than your home address. Enspirit Healthcare will accommodate all reasonable requests. Enspirit Healthcare will not ask you the reason for a request. To request confidential communications, make your request in writing to the contact person identified below and specify how or where you wish to be contacted.
Right to Request Alternative Communication: A client may request, in writing, that Enspirit Healthcare communicate with you about a client’s PHI by alternative means or to alternative locations. Enspirit Healthcare will accommodate reasonable requests.
Right to a Paper Copy of Notice: Clients have the right to a paper copy of this notice or any revised notice, even if you have agreed to receive the notice electronically. To obtain a paper copy of this notice, please submit a request in writing to the compliance department or Clinical Director. Enspirit Healthcare will provide clients with a copy of the notice promptly in response to a request.
If you feel Enspirit Healthcare has violated your right by contacting us:
Contact: Compliance
Contact Phone: 704-897-2584
Contact Email: Compliance@Enspirithealthcare.com
Contact Address: 11330 Vanstory Drive, Suite 114F Huntersville, NC 28078