Notice of Privacy Practices
To describe the obligation of Community Counseling Solutions (CCS) to inform an individual of the manner in which his/her protected health information will be used or disclosed by CCS.
2.0 Affected Parties
Affected parties are members of the Community Counseling Solutions workforce and all as reasonable and appropriate for them to carry out its work functions.
CCS Members who are not inmates have a right to adequate notice of the uses and disclosures of protected health information made by CCS of the Member’s rights, and the legal duties of CCS with respect to protected health information.
- The notices shall be written in plain language and shall contain the elements required by45 CFR 164.520. (See Exhibit A)
- CCS shall prominently post its notice on their websites and make it available electronically.
5.0 Effectiveness Criteria
The Notice of Privacy Practices for CCS is current and are posted on its website.
6.0 Document Approvals
7.0 Revision History
8.0 Review History
Required Content of Notice
[45 C.F.R. 164.520(b)]
- Required elements.The covered entity must provide a notice that is written in plain language and that contains the elements required by this paragraph.
(i) Header. The notice must contain the following statement as a header or otherwise prominently displayed: “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.”
(ii) Uses and disclosures. The notice must contain:
(A) A description, including at least one example, of the types of uses and disclosures that the covered entity is permitted to make for each of the following purposes: treatment, payment, and health care operations.
(B) A description of each of the other purposes for which the covered entity is permitted or required to use or disclose protected health information without the individual’s written authorization.
(C) If a use or disclosure for any purpose described in paragraphs (b)(1)(ii)(A) or (B) of this section is prohibited or materially limited by other applicable law, the description of such use or disclosure must reflect the more stringent law as defined in 45 CFR 160.202.
(D) For each purpose described in paragraph (b)(1)(ii)(A) or (B) of this section, the description must include sufficient detail to place the individual on notice of the uses and disclosures that are permitted or required by other applicable law.
(E) A statement that other uses and disclosures will be made only with the individual’s written authorization and that the individual may revoke such authorization as provided by 45 CFR 164.508(b)(5).
(iii) Separate statements for certain uses or disclosures. If the covered entity intends to engage in any of the following activities, the description required by paragraph (b)(1)(ii)(A) of this section must include a separate statement, as applicable, that:
(A) The covered entity may contact the individual to provide appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to the individual;
(B) The covered entity may contact the individual to raise funds for the covered entity; or
(iv) Individual rights. The notice must contain a statement of the individual’s rights with respect to protected health information and a brief description of how the individual may exercise these rights, as follows:
(A) The right to request restrictions on certain uses and disclosures of protected health information as provided by 45 CFR 164.522(a), including a statement that the covered entity is not required to agree to a requested restriction;
(B) The right to receive confidential communications of protected health information as provided by 45 CFR 164.522(b), as applicable;
(C) The right to inspect and copy protected health information as provided by 45 CFR 164.524;
(D) The right to amend protected health information as provided by 45 CFR 164.526;
(E) The right to receive an accounting of disclosures of protected health information as provided by 45 CFR 164.528; and
(F) The right of an individual, including an individual who has agreed to receive the notice electronically, to obtain a paper copy of the notice from the covered entity upon request.
(v) Covered entity’s duties. The notice must contain:
(A) A statement that the covered entity is required by law to maintain the privacy of protected health information and to provide individuals with notice of its legal duties and privacy practices with respect to protected health information;
(B) A statement that the covered entity is required to abide by the terms of the notice currently in effect; and
(C) For the covered entity to apply a change in a privacy practice that is described in the notice to protected health information that the covered entity created or received prior to issuing a revised notice, in accordance with 45 CFR 164.530(i)(2)(ii), a statement that it reserves the right to change the terms of its notice and to make the new notice provisions effective for all protected health information that it maintains. The statement must also describe how it will provide individuals with a revised notice.
(vi) Complaints. The notice must contain a statement that individuals may complain to the covered entity and to the Secretary if they believe their privacy rights have been violated, a brief description of how the individual may file a complaint with the covered entity, and a statement that the individual will not be retaliated against for filing a complaint.
(vii) Contact. The notice must contain the name, or title, and telephone number of a person or office to contact for further information as required by 45 CFR 164.530(a)(1)(ii).
(viii) 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.