Consumer Rights

 

Client Rights

The Mental Health and Recovery Services Board of Stark County requires each service provider agency to appoint a Client Rights Officer and alternate to be available to discuss concerns from consumers, family members or advocates regarding adherence to the following list of consumer's rights. As a Mental Health and Recovery Services Board provider, Community Services of Stark County, Inc. does adhere to the following list. Our appointed Client Rights Officer is Michelle Chaido. If you have any questions regarding your rights, you can contact Ms. Chaido at or by calling 330.455.0374.

 

Each person who receives services from a provider of the public mental health system has the following rights:            

  • The right to be treated with consideration and respect for personal dignity, autonomy and privacy;
  • The right to service in a humane setting which is the least restrictive feasible as defined in the treatment plan; 
  • The right to be informed of one's own condition, of proposed or current services,  treatment or therapies and of the alternatives;     
  • The right to consent or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal. A parent or legal guardian may consent to or refuse any service, treatment or therapy on behalf of a minor client;
  • The right to a current, written, individualized service plan that addresses one's own mental health, physical health, social and economic needs, and that specifies the provision of appropriate and adequate services, as available, either directly or by referral;
  • The right to active and informed participation in the establishment, periodic review and reassessment of the service plan; 
  • The right to freedom from unnecessary or excessive medication; 
  • The right to freedom from unnecessary restraint or seclusion; 
  • The right to participate in any appropriate and available agency service, regardless of refusal of one or more other services, treatments or therapies, or regardless of relapse from earlier treatment in that or another service, unless there is a valid and  specific necessity which precludes and/or requires the client's participation in other services. This necessity shall be explained to the client and written in the client's current service plan; 
  • The right to be informed of and refuse any unusual or hazardous treatment procedures; 
  • The right to be advised of and refuse observation by techniques such as one-way mirrors, tape recorders, televisions, movies, or photographs; 
  • The right to have the opportunity to consult with independent treatment specialists or legal counsel, at one's own expense; 
  • The right to confidentiality of communications and of all personally identifying information within the limitations and requirements for disclosure of various funding and /or certifying sources, state or federal statutes, unless release of  information is specifically authorized by the client or parent or legal guardian of a minor client or court-appointed guardian of the person of an adult client in accordance with rule 5122:2-3-11 of the administrative code; 
  • The right to have access to one's own psychiatric, medical or other treatment records, unless access to particular identified items of information is specifically  restricted for that individual client for clear treatment reasons in the client's treatment plan. "Clear treatment reasons" shall be understood to mean only severe   emotional damage to the client such that dangerous or self-injurious behavior is an imminent risk. The person restricting the information shall explain to the client and other persons authorized by the client the factual information about the individual client that necessitates the restriction. The restriction must be renewed at least annually to retain validity. Any person authorized by the client has unrestricted access to all information. Clients shall be informed in writing of agency policies and procedures for viewing or obtaining copies of personal records; 
  • The right to be informed in advance of the reason(s) for discontinuance of service provision and to be involved in planning for the consequences of that event; 
  • The right to receive an explanation of the reasons for denial of service; 
  • The right to not be discriminated against in the provision of service on the basis of religion, race, color, creed, sex, national origin, age, lifestyle, physical or mental handicap, developmental disability or inability to pay; 
  • The right to know the cost of services; 
  • The right to be fully informed of all rights; 
  • The right to exercise any and all rights without reprisal in any form including continued uncompromised access to service; 
  • The right to file a grievance;
  • The right to have oral and written instructions for filing a grievance.

Health Insurance Portability and Accountability Act (HIPAA)

The following information is available for you to understand how your medical information may be used and disclosed and how you can access your medical information as required by the Health Insurance Portability and Accountability Act.

 

NOTICE OF PRIVACY PRACTICES
COMMUNITY SERVICES OF STARK COUNTY, Inc.

 

Your Information. Your Rights. Our Responsibilities.

 

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.This notice applies to all of the records of your case generated by Community Services of Stark County, Inc (The Agency), whether made by the agency or a business associate. This notice is inclusive of a summary of the confidentiality of substance abuse records as required by 42 CFR Part 2.

 

We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice at any time. Please note you may have other rights under state law and professional code of ethics that are not required to be listed here. These other rights reinforce the issue of confidentiality and privacy expected of clients receiving services at our Agency, and HIPAA requirements do not in any way change or weaken those rights. We will continue to operate in a manner that will ensure your confidentiality with your service provider or the Agency PrivacyOfficer. You many request a copy of any revised Notice of Privacy Practices by calling the office and asking that a revised copy be sent to you in the mail, or you may ask for a copy at the time of your next appointment.

 

Your Rights

  • You have the right to:
  • Get a copy of your paper or electronic medical record
  • Correct your paper or electronic medical record
  • Request confidential communication
  • Ask us to limit the information we share
  • Get a list of those with whom we’ve shared your information
  • Get a copy of this privacy notice
  • Choose someone to act for you
  • File a complaint if you believe your privacy rights have been violated

Your Choices

You have some choices in the way that we use and share information as we:

  • Tell family and friends about your condition
  • Provide disaster relief
  • Include you in a hospital directory
  • Provide mental health care
  • Market our services and sell your information
  • Raise funds

Our Uses and Disclosures

We may use and share your information as we:

  • Treat you
  • Run our organization
  • Bill for your services
  • Help with public health and safety issues
  • Do research
  • Comply with the law
  • Respond to organ and tissue donation requests
  • Work with a medical examiner or funeral director
  • Address workers’ compensation, law enforcement, and other government requests
  • Respond to lawsuits and legal actions  

Your Rights

 

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

 

Get an electronic or paper copy of your medical record

  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
  • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

  • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
  • We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

  • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • We will say “yes” to all reasonable requests.

Ask us to limit what we use or share

  • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.

Get a list of those with whom we’ve shared information

  • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
  • We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

 

Choose someone to act for you

  • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
  • We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated

  • You can complain if you feel we have violated your rights by contacting us using the information on page 1.
  • You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
  • We will not retaliate against you for filing a complaint.

Your Choices

 

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

  • Share information with your family, close friends, or others involved in your care
  • Share information in a disaster relief situation
  • Include your information in a hospital directory

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

  • Marketing purposes
  • Sale of your information
  • Most sharing of psychotherapy notes

In the case of fundraising:

  • We may contact you for fundraising efforts, but you can tell us not to contact you again.

Our Uses and Disclosures

 

How do we typically use or share your health information?

We typically use or share your health information in the following ways.

 

Treat you

We can use your health information and share it with other professionals who are treating you.

Example: A doctor treating you for an injury asks another doctor about your overall health condition.

 

Run our organization

We can use and share your health information to run our practice, improve your care, and contact you when necessary.

Example: We use health information about you to manage your treatment and services.

 

Bill for your services

We can use and share your health information to bill and get payment from health plans or other entities.

Example: We give information about you to your health insurance plan so it will pay for your services .

 

How else can we use or share your health information?

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html .

 

Help with public health and safety issues

We can share health information about you for certain situations such as:

  • Preventing disease
  • Helping with product recalls
  • Reporting adverse reactions to medications
  • Reporting suspected abuse, neglect, or domestic violence
  • Preventing or reducing a serious threat to anyone’s health or safety

Do research

We can use or share your information for health research.

 

Comply with the law

We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

 

Respond to organ and tissue donation requests

We can share health information about you with organ procurement organizations.

 

Work with a medical examiner or funeral director

We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

 

Address workers’ compensation, law enforcement, and other government requests

We can use or share health information about you:

  • For workers’ compensation claims
  • For law enforcement purposes or with a law enforcement official
  • With health oversight agencies for activities authorized by law
  • For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

We can share health information about you in response to a court or administrative order, or in response to a subpoena.

 

Our Responsibilities

  • We are required by law to maintain the privacy and security of your protected health information.
  • We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
  • We must follow the duties and privacy practices described in this notice and give you a copy of it.
  • We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html .

 

Changes to the Terms of this Notice

We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our web site.

 

Other Laws that apply - 42 CFR Part 2

 

Confidentiality of Alcohol and Drug Abuse Patient Records

 

The confidentiality of alcohol and drug abuse patient records maintained by this program is protected by Federal law and regulations. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient as an alcohol or drug abuser Unless:

(1) The patient consents in writing:

(2) The disclosure is allowed by a court order; or

(3) The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.

 

Violation of the Federal law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with Federal regulations.

 

Federal law and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime.

 

Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under State law to appropriate State or local authorities.

(See 42 U.S.C. 290dd-3 and 42 U.S.C. 290ee-3 for Federal laws and 42 CFR part 2 for Federal regulations.)

 

Community Services of Stark County, Inc.

Privacy Officer is:

 

Jennifer Grantham

625 Cleveland Avenue NW

Canton, OH 44702

(330) 455-0374

 

OTHER USES OF PERSONAL HEALTH INFORMATION

Other uses and disclosures of your personal health information not covered by this Notice or the laws that apply to us will be made only with your written permission.  If you provide us permission to use or disclose health information about you, you may revoke that permission, in writing, at any time.  If you revoke your permission, we will no longer use or disclose your health information for the reasons covered by your written permission.  You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the services that we provided to you.

   

Community Services of Stark County, Inc.
625 Cleveland Avenue, NW
Canton, OH 44702
(330) 455-0374

Copyright 2012 Commmunity Services. All Rights Reserved. Website made possible through a grant from Impact1Hundred.