As required by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, 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.
Rutgers Newark Counseling Center (hereafter referred to as RNCC) may only useyour health information for treatment, and health care operations as described in the notice. All of the employees/staff, including: counseling and psychological services, psychiatry and other personnel of RNCC follow these privacy practices.
This notice will tell you about the ways we may disclose health information about you and will also describe your rights and certain obligations that we have regarding the use and disclosure of your health information. We are required by law to: make sure that health information that identifies you is kept private; give you this notice of our legal duties and privacy practices with respect to your health information; and follow the terms of the notice that are currently in effect.
RNCC may use or disclose your protected health information (PHI), for treatment and health care operations purposes with your consent. To help clarify these terms, here are some definitions: ''PHI” refers to information in your health record that could identify you. "Treatment, Payment and Health Care Operations” refers to the following:
RNCC may use or disclose PHI for purposes outside of treatment and health care operations when your appropriate authorization is obtained. An "authorization" is written permission above and beyond the general consent that permits only specific disclosures. In those instances when RNCC is asked for information for purposes outside of treatment and health care operations, an authorization will be obtained from you before releasing this information. Authorization will also be obtained before releasing your psychotherapy notes. "Psychotherapy notes" are notes about conversations with your clinician during a private, group, joint, or family therapy session, which are separate from the rest of your medical record. These notes are given a greater degree of protection than PHI.
You may revoke all such authorizations (of PHI or psychotherapy notes) at any time, provided each revocation is in writing. You may not revoke an authorization to the extent that I have relied on that authorization.
RNCC may use or disclose PHI without your consent or authorization in the following circumstances:
The sale of your health information without authorization is prohibited. Under Federal law, certain uses and disclosures are not considered a sale of your information, including, but not limited to, disclosures for treatment, payment, for public health purposes, for the sale of part or all of the entity, to any Business Associate for services rendered on our behalf, and as otherwise permitted or required by law. In addition, the disclosure of your health information for research purposes or for any other disclosure permitted by law will not be considered a prohibited disclosure if the only reimbursement received is a "reasonable, cost-based fee" to cover the cost to prepare and transmit your health information and as may otherwise be permitted under Federal and State law. If an authorization is obtained from you to disclose your health information in connection with a sale of your health information, the authorization must state that the disclosure will result in remuneration (meaning that the entity will receive payment for disclosure of your health information and any other requirements of law).
We will, in accordance to Federal law, obtain your written authorization to use or disclose your health information for marketing purposes including all treatment and health care operations communications where we receive financial remuneration (meaning that the entity receives direct or indirect payment from a third party whose product or service is being marketed) unless such marketing is: (i) face to face marketing communications; (ii) promotional gifts of nominal value regardless of whether they are subsidized; (iii) “refill reminders”, so as long as the remuneration for making such communications are “reasonably related to our costs” for making such communications; and (iii) any other activity that does not require an authorization under Federal and State law.
We will, in accordance to Federal law, obtain your written authorization to release your psychotherapy notes, if any, that are contained in your health records. However, the entity may use or disclose your psychotherapy notes for the following: (i) to carry out the following treatment, payment, or health care operations: (A) use by the originator of the psychotherapy notes for treatment; (B) use or disclosure by the entity for its own training programs in which students, trainees, or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family, or individual counseling; or (C) use or disclosure by the entity to defend itself in a legal action or other proceeding brought by you; and (ii) a use or disclosure that is required by or permitted by Federal law.
If you paid out-of-pocket (or in other words, you have requested that we not bill your health plan) in full for a specific item or service, you have the right to ask that your health information with respect to that item or service not be disclosed to your health plan for purposes of payment or health care operations, and we will honor that request.
We are required to notify you following discovery of a breach of your unsecured health information.
If you believe your privacy rights have been violated, you may file a complaint with the Privacy Officer of RNCC or with the Secretary of the US Department of Health and Human Services. For questions or to file a complaint with RNCC call or write to the Privacy Officer at the address listed below. You will not be penalized for filing a complaint.
Rutgers Newark Counseling Center
249 University Avenue, Rm 101
Newark, NJ 07102