1. The Confidentiality of Alcohol and Drug Abuse Consumer Records section of the Federal-Register. 42 CFR part 2 is the policy under which LRTC is operating.
2. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and 45 CFR. Pts. 160 & 164.
3. Upon intake all consumers are oriented to confidentiality rights and limitations thereof. Clients sign a notice of a Confidentiality, HIPAA and Privacy Practice Notice. This shall be reviewed annually and maintained in the client record.
4. This policy covers disclosures of all types to all parties and how these disclosures apply. It also establishes what materials are disclosed with consumer consent, and to whom information is disclosed without consumer consent.
5. The disclosure to agencies for reporting of information is discussed with specific policies. The State funding agencies are included in the policies. It Is the policy of LRTC that all clinical information and consumer records will be treated as confidential and are protected under Title, 43A O.S. § 2-019 and Title 76 § 19, under U.S. Code of Federal Regulations at Title 42, Part 2, and any other state or federal statute that applies to mental health and substance use disorder treatment records. This information will be communicated to the consumer in a method that ensures their understanding of the protection that is afforded them under the laws and regulations.
6. All medical records and all communications between consumer and doctor or psychotherapist are privileged and confidential; with such information limited to persons/ agencies actively engaged in treatment of the consumer, in treatment of the minor child of the consumer, or in related administrative tasks.
7. The Lost River Treatment Center acknowledges that all mental health and substance use disorder treatment information, whether recorded or not, and all communications between medical or mental health staff and a consumer are both privileged and confidential and will not be released without the written consent of the consumer or the consumer’s legally authorized representative.
8. All mental health and substance use disorder treatment information, whether recorded or not, and all communications between a physician or psychotherapist and a consumer are both privileged and confidential. In addition, the identity of all consumers who have received or are receiving mental health or substance use disorder treatment services is both confidential and privileged. Such information shall only be available to persons or agencies actively engaged in the treatment of the consumer unless a state or federal law exception applies.
9. Furthermore, LRTC acknowledges that access to mental health and drug or alcohol abuse treatment information shall be limited:
Internally – only to those assigned staff members who are actively engaged in the treatment of the patient and to the minimum amount of information necessary to carry out their job duties;
Externally – only those persons or agencies who the consumer or legally authorized representative has signed and maintained a current/valid release of information and only for the purpose identified in the release.
10. LRTC believes in client Involvement, treatment transparency and collaborative treatment teams including each consumer In their own treatment efforts. To facilitate this philosophy, consumers are encouraged to read and sign treatment plans and other clinical notes as appropriate. LRTC provides each consumer, or their legally authorized representative, access to their mental health and drug or alcohol abuse treatment information within the parameters outlined in Title 450, Part 7, 15-3-60 through 15-3-66 and 450:3- 20.1. Consumer Access to Health Information
11. Due to certain state and federal law exceptions to disclosure of mental health and drug or alcohol abuse treatment information, all consumers shall be informed of any barriers to their request, all consumers shall be offered printed copies of the aforementioned statues upon request for said information.
12. All releases of information will be tracked In the client record using an Ancillary Service Note.
A. Every effort will be made to protect all information concerning clients. Client information shall be protected in conformity with Title 42, Code of Federal Regulations, and Part 2: Federal Confidentiality Regulations, Oklahoma Administrative Code Chapter 15 and all applicable HIPAA rules.
B. LRTC personnel shall not disclose any client information except with the client’s specific written consent and/or when authorized by law.
C. Confidential client information should only be discussed with or disclosed to appropriate LRTC personnel on a limited, “need to know” basis or in response to a legal or other authorized request.
1. If a legal warrant or a subpoena is issued by an entity, it will be processed through the program director and clinical supervisor or his/her designee.
a. If possible, the warrant/subpoena should be delivered directly to the program director or his/ her designee.
b. If unable to deliver to the program director, once served and signed said warrant/subpoena shall be delivered directly to the program director or his/her designee as soon as possible.
2. All information pertaining to or concerning the intent of the information will be discussed through our legal representatives and the program director or his/her designee.
3. Once the warrant/subpoena is being directly dealt with, it will only be dealt with in courts or affidavits by the program director or his/her designee and the person providing the information requested in the warrant.
D. Confidential client information shall not be discussed with or disclosed to non-LRTC personnel unless authorized by the client with a completed and signed Consent for Release of Confidential Information.
E. Such authorization shall specify the exact nature of the information to be disclosed and the person or entity to which this information is to be provided
F. Clients can request and are entitled to receive copies (at standard copying charges) or summaries of their LRTC records.
G. Full confidentiality procedures are detailed in the LRTC Administrative and Clinical Manuals.