2. What Information is Collected.
(a) Information You Provide to Us: We collect any information you enter on our Site, including your name, email address, website, location, occupation, interests and other personal information that you provide when you register on the Site or that you give us in any other way or at any other time. You can choose not to provide certain information, but you may not be able to take advantage of our services and features. Your use of www.bocadetox.com and disclosure of personal information about yourself or another through the use of such website and resultant phone contact is at your own risk and under no circumstances shall Boca Detox be responsible for any damages you suffer as a result of your use of www.bocadetox.com.
(b) Automatic Information: When you visit a website, you disclose certain information, such as your Internet Protocol (IP) address and the time of your visit. This Site, like many other sites, records this basic information about visits to our Site.
(c) ”Cookies”: Cookies are pieces of information that are transferred to your computer from a web server. Cookies may make the Site more convenient by storing information about your preferences on our Site. Most browsers are set up to accept cookies, but you can change your settings to have your browser notify you when you receive a new cookie or to refuse to accept cookies. If you reject cookies on our Site, you will not be able to access all areas and use all services. We advise that you protect your privacy by clearing your temporary files and browsing history, as well as being sure to log out and close your internet browser especially when accessing The Site from a computer or device to which others have access. Also, you agree to indemnify Boca Detox from breaches to your privacy caused by inadequate network, email, or personal device security settings. We strongly advise against interaction with us using identifiable profile information on social network sites if you wish to protect your privacy. Use of social network sites affiliated with Boca Detox is at your own risk.
3. How and When the Information is Used. The information we collect is used for administering our business activities, and to provide you with a personalized experience on the Site. We may also use the information to conduct research about the demographics, interests and activities of our users and visitors. Occasionally we may use the information to notify you about changes to the Site or new services. If you would prefer for us not to contact you for these purposes, you may opt out, by contacting us and letting us know.
We also use the information collected through IP addresses and cookies to do the following: diagnose service problems and maintain security, improve the Site, display relevant content, estimate audience and usage information, expedite searches, and to allow you to access and change your personal information.
4. How We Protect Your Information. The privacy and protection of your information is important to us. Except as set forth herein, we do not make any personal information available to third parties without your permission.
5. Who Has Access to the Information. Information about our users is important to us. We will not disclose any individually identifiable information to any third party without first receiving that user’s permission except under the conditions listed below:
- To report an incident of abuse of a child and/or dependent or elder adult
- To report to protective agencies the imminent danger to yourself or someone else
- To report to protective agencies the event that you or someone else is presently unable to provide for food, clothing, and shelter as the direct result of a mental illness
- To proceed with obtaining payment for services rendered
- To perform internal quality assurance initiatives
- To report to governmental agencies as required such as public health and FDA requirements, law enforcement, coroners, judicial or administrative hearings, and licensing board inquiries.
If any of the above conditions are met, we will release the minimum amount of protected health information necessary to address the condition. You are advised henceforth that this business and its employees are mandated reporters of abuse and some mental health conditions as listed above, and are granted civil and criminal immunity when reporting in good faith.
We do not give, sell, or rent individually identifiable information to our advertisers except as set forth herein, though we may provide aggregate de-identified information.
6. Methods We Use to Protect Your Information. We use security software to protect the confidentiality of your personal information. In addition, our business practices are reviewed periodically for compliance with policies and procedures governing the security and confidentiality of our information. Our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons.
We will never ask you for your password or other personally identifiable information by an unsolicited phone call or email.
Although we try to protect your personally identifiable information, we cannot ensure or warrant the security of any information submitted to us, and you make any such electronic or telephonic transmissions or submissions at your own risk. If you request a response from us, you agree to indemnify Guardian Recovery Network for any breach caused to your privacy as a result of your request and subsequent follow-up attempts.
7. Children. This Site does not provide services or sell products to minors, or individuals under the age of 18. Our Site is operated in accordance with the Children’s Online Privacy Protection Act, and we will not knowingly collect or use personally identifiable information from anyone under 13.
8. How You Can Access Your Information. You can request access to all your personally identifiable information by sending an e-mail. You will be able to request corrections to your protected health information and if substantiated, we will make efforts to correct our files.
Boca Detox’s private rehab is located in Boca Raton, Fl.
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review carefully.
Boca Detox, its facilities and subsidiaries, and all associates are committed to providing you with quality behavioral healthcare services. An important part of that commitment is protecting your health information according to applicable law. This notice (“Notice of Privacy Practices”) describes your rights and our duties under Federal Law. Protected health information (“PHI”) is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition; the provision of healthcare services; or the past, present, or future payment for the provision of healthcare services to you.
We are required by law to maintain the privacy of your PHI; provide you with notice of our legal duties and privacy practices with respect to your PHI; and to notify you following a breach of unsecured PHI related to you. We are required to abide by the terms of this Notice of Privacy Practices. This Notice of Privacy Practices is effective as of the date listed on the first page of this Notice of Privacy Practices. This Notice of Privacy Practices will remain in effect until it is revised. We are required to modify this Notice of Privacy Practices when there are material changes to your rights, our duties, or other practices contained herein.
- Upon request;
- Electronically via our website or via other electronic means; and
- As posted in our place of business.
In addition to the above, we have a duty to respond to your requests (e.g. those corresponding to your rights) in a timely and appropriate manner. We support and value your right to privacy and are committed to maintaining reasonable and appropriate safeguards for your PHI.
CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE RECORDS
The confidentiality of alcohol and drug abuse patient records maintained by us is protected by Federal law and regulations. Generally, we may not say to a person outside the treatment center that you are a patient of the treatment center, or disclose any information identifying you as an alcohol or drug abuser unless:
- You consent in writing (as discussed below in “Authorization to Use or Disclose PHI”);
- The disclosure is allowed by a court order (as discussed below in “Uses and Disclosures”); or
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation (as discussed below in “Uses and Disclosures”).
Violation of the Federal law and regulations by the treatment center 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 you either at the treatment center or against any person who works for the treatment center or about any threat to commit such a crime (as discussed below in “Uses and Disclosures”).
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 (as discussed below in “Uses and Disclosures”).
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.
USES AND DISCLOSURES
Uses and disclosures of your PHI may be permitted, required, or authorized. The following categories describe various ways that we use and disclose PHI.
Among Treatment Center and Boca Detox Personnel. We may use or disclose information between or among personnel having a need for the information in connection with their duties that arise out of the provision of diagnosis, treatment, or referral for treatment of alcohol or drug abuse, provided such communication is: (i) Within the treatment center; or (ii) Between the treatment center and Boca Detox. For example, our staff, including doctors, nurses, and clinicians, will use your PHI to provide your treatment care. Your PHI may be used in connection with billing statements we send you and in connection with tracking charges and credits to your account. Your PHI will be used to check for eligibility for insurance coverage and prepare claims for your insurance company where appropriate. We may use and disclose your PHI in order to conduct our healthcare business and to perform functions associated with our business activities, including, but not limited to, accreditation and licensing, contacting you or authorized persons regarding notices, scheduling, or other relevant information.
Secretary of Health and Human Services. We are required to disclose PHI to the Secretary of the U.S. Department of Health and Human Services when the Secretary is investigating or determining our compliance with the HIPAA Privacy Rules.
Business Associates. We may disclose your PHI to Business Associates that are contracted by us to perform services on our behalf which may involve receipt, use or disclose of your PHI. All of our Business Associates must agree to: (i) Protect the privacy of your PHI; (ii) Use and disclose the information only for the purposes for which the Business Associate was engaged; (iii) Be bound by 42 CFR Part 2; and (iv) if necessary, resist in judicial proceedings any efforts to obtain access to patient records except as permitted by law.
Crimes on Premises. We may disclose to law enforcement officers information that is directly related to the commission of a crime on the premises or against our personnel or to a threat to commit such a crime.
Reports of Suspected Child Abuse and Neglect. We may disclose information required to report under state law incidents of suspected child abuse and neglect to the appropriate state or local authorities. However, we may not disclose the original patient records, including for civil or criminal proceedings which may arise out of the report of suspected child abuse and neglect, without consent.
Court Order. We may disclose information required by a court order, provided certain regulatory requirements are met.
Emergency Situations. We may disclose information to medical personnel for the purpose of treating you in an emergency.
Research. We may use and disclose your information for research if certain requirements are met, such as approval by an Institutional Review Board.
Audit and Evaluation Activities. We may disclose your information to persons conducting certain audit and evaluation activities, provided the person agrees to certain restrictions on disclosure of information.
Reporting of Death. We may disclose your information related to cause of death to a public health authority that is authorized to receive such information.
AUTHORIZATION TO USE OR DISCLOSE PHI
Other than as stated above, we will not use or disclose your PHI other than with your written authorization. Subject to compliance with limited exceptions, we will not use or disclose psychotherapy notes, use or disclose your PHI for marketing purposes, or sell your PHI unless you have signed an authorization. If you or your representative authorize us to use or disclose your PHI, you may revoke that authorization in writing at any time to stop future uses or disclosures. We will honor oral revocations upon authenticating your identity until a written revocation is obtained. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect.
The following are the rights that you have regarding PHI that we maintain about you. Information regarding how to exercise those rights is also provided. Protecting your PHI is an important part of the services we provide you. We want to ensure that you have access to your PHI when you need it and that you clearly understand your rights as described below.
RIGHT TO NOTICE
You have the right to adequate notice of the uses and disclosures of your PHI, and our duties and responsibilities regarding same, as provided for herein. You have the right to request both a paper and electronic copy of this Notice. You may ask us to provide a copy of this Notice at any time. You may obtain this Notice from facility staff or our Privacy Officer.
RIGHT OF ACCESS TO INSPECT AND COPY
You have the right to access, inspect and obtain a copy of your PHI for as long as we maintain it as required by law. This right may be restricted only in certain limited circumstances as dictated by applicable law. All requests for access to your PHI must be made in writing. Under a limited set of circumstances, we may deny your request. Any denial of a request to access will be communicated to you in writing. If you are denied access to your PHI, you may request that the denial be reviewed. Another licensed health care professional chosen by Boca Detox will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the decision made by the designated professional. If you are further denied, you have a right to have a denial reviewed by a licensed third-party healthcare professional (i.e. one not affiliated with us). We will comply with the decision made by the designated professional.
We may charge a reasonable, cost-based fee for the copying and/or mailing process of your request. As to PHI which may be maintained in electronic form and format, you may request a copy to which you are otherwise entitled in that electronic form and format if it is readily producible, but if not, then in any readable form and format as we may agree (e.g. PDF). Your request may also include transmittal directions to another individual or entity.
RIGHT TO AMEND
If you believe the PHI we have about you is incorrect or incomplete, you have the right to request that we amend your PHI for as long as it is maintained by us. The request must be made in writing and you must provide a reason to support the requested amendment. Under certain circumstances we may deny your request to amend, including but not limited to; when the PHI: 1. Was not created by us; 2. Is excluded from access and inspection under applicable law; or 3. Is accurate and complete. If we deny amendment, we will provide the rationale for denial to you in writing. You may write a statement of disagreement if your request is denied. This statement will be maintained as part of your PHI and will be included with any disclosure. If we accept the amendment we will work with you to identify other healthcare stakeholders that require notification and provide the notification.
RIGHT TO REQUEST AN ACCOUNTING OF DISCLOSURES
We are required to create and maintain an accounting (list) of certain disclosures we make of your PHI. You have the right to request a copy of such an accounting during a time period specified by applicable law prior to the date on which the accounting is requested (up to six years). You must make any request for an accounting in writing. We are not required by law to record certain types of disclosures (such as disclosures made pursuant to an authorization signed by you), and a listing of these disclosures will not be provided. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests. We will notify you of the fee to be charged (if any) at the time of the request.
RIGHT TO REQUEST RESTRICTIONS
You have the right to request restrictions or limitations on how we use and disclose your PHI for treatment, payment, and operations. We are not required to agree to restrictions for treatment, payment, and healthcare operations except in limited circumstances as described below. This request must be in writing. If we do agree to the restriction, we will comply with restriction going forward, unless you take affirmative steps to revoke it or we believe, in our professional judgment, that an emergency warrants circumventing the restriction in order to provide the appropriate care or unless the use or disclosure is otherwise permitted by law. In rare circumstances, we reserve the right to terminate a restriction that we have previously agreed to, but only after providing you notice of termination.
If you have paid out-of-pocket (or in other words, you or someone besides your health plan has paid for your care) in full for a specific item or service, you have the right to request that your PHI with respect to that item or service not be disclosed to a health plan for purposes of payment or healthcare operations, and we are required by law to honor that request unless affirmatively terminated by you in writing and when the disclosures are not required by law. This request must be made in writing.
RIGHT TO CONFIDENTIAL COMMUNICATIONS
You have the right to request that we communicate with you about your PHI and health matters by alternative means or alternative locations. Your request must be made in writing and must specify the alternative means or location. We will accommodate all reasonable requests consistent with our duty to ensure that your PHI is appropriately protected.
RIGHT TO NOTIFICATION OF A BREACH
You have the right to be notified in the event that we (or one of our Business Associates) discover a breach involving unsecured PHI.
RIGHT TO PERSONAL REPRESENTATIVE
You have the right to grant legal authority to someone to act on your behalf. This may include, but is not limited to; an attorney, a personal representative, your legal guardian, or someone who may possess a medical power of attorney. That person may exercise your rights and make decisions regarding your health information. This person may be selected based on your written authorization or other legal requirements. Boca Detox will ensure that your personal representative has been properly authorized to act on your behalf before we take any action.
HOW TO EXERCISE YOUR RIGHTS
You have the right to file a complaint in writing with Boca Detox or with the U.S. Department of Health and Human Services if you believe that we have violated your privacy rights. Any complaints to us should be made in writing to our Privacy Official at the address listed below We will not retaliate against you for filing a complaint.
We support your right to privacy of your Protected Health Information. You will not be retaliated against in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.
Questions, Requests for Information, and Internal Complaints
Boca Detox & Recovery Center Compliance Department
3333 Congress Ave. Suite 402
Delray Beach, FL 33445
If you believe your rights have been violated and would like to submit a complaint directly to the U.S. Department of Health & Human Services, then you may submit a formal written complaint to the following address:
U.S. Department of Health & Human Services
Office for Civil Rights
200 Independence Avenue, S.W.
Washington, D.C. 20201
[email protected] www.hhs.gov