NOTICE OF PRIVACY PRACTICES
This notice explains how Solvista Health may use and share your medical, mental health and substance use disorder information, and how you can get copies of this information. Please read it carefully.
Solvista Health protects your health and personal information. Solvista Health and our providers save information about you and keep a record of services you receive. You may have heard it called a “chart.” We need this record to make sure you get quality care and to follow the law. This Notice of Privacy Practices applies to all of your records created or kept by Solvista Health, our providers, and any of the following people who may write in your chart:
- Any health care professional who is allowed by you or by the law to write information in your record.
- Any student or volunteer authorized by Solvista Health, who works with you while you are getting services.
This notice tells you about the ways we may use and share your health information. It also explains your rights and our responsibilities regarding the use and disclosure of your health and treatment information.
Solvista Health is required by law to:
- Make sure that health and treatment information that identifies you is kept private.
- Make sure that you get a notice that explains our legal duties and our privacy practices related to your health and treatment information.
- Make sure Solvista Health, our staff, and our contracted providers follow our current Notice of Privacy Practices.
HOW WE MAY USE OR DISCLOSE HEALTH AND TREATMENT INFORMATION ABOUT YOU
The following information explains the different ways we use and disclose health and treatment information
For Treatment: We may use your health and treatment information to provide you with medical and behavioral health services. We may share your information with psychiatrists, therapists, case managers, your primary care physician (PCP), or other health professionals involved in your care. For example, your psychiatrist may need to know if you are allergic to certain medications. Your PCP may need to know if you are taking psychiatric medications, or we may need to talk to the pharmacist about your prescriptions. Different staff within Solvista Health may also share your information with each other. This is so they can coordinate your services, such as medications, individual therapy, group therapy, and case management. We may ask you to sign an authorization form allowing Solvista Health to release your information for some treatment disclosures even though it is not required. We do this so that you know who is getting your health information and so you can stay involved in your care.
For Payment: We may use and share your health and treatment information (includes medical, mental health and substance use) to bill for the services you get and collect payment from payers, such as the Office of Behavioral Health (OBH), Health First Colorado (Medicaid), your insurance company, or the authorized contractors, subcontractors, and other legal representatives for the purpose of carrying out payment and healthcare operation activities. For example, if you get Health First Colorado (Medicaid), we may need to give your healthcare information so Health First Colorado (Medicaid) will pay us for the services you received. We may also ask you to sign a form allowing the release of your information to your health insurance company before we provide you with services.
For Health Care Operations: We may share your health information (includes medical, mental health, and substance use) for the business activities of Solvista Health. These uses and disclosures are necessary for day-to-day business functions and to ensure you get the best quality of care. For example, we may use your health information to review how well the clinical staff is doing, to complete audits by the State or by Health First Colorado (Medicaid), your insurance company and the authorized contractors, subcontractors, and their legal representatives, or to start new clinical services. We may call you or send you a survey to ask your opinion about our services. Some activities of Solivsta Health are done by contracts with other business associates or qualified service organizations. Some administrative, clinical, laboratory, quality assurance, billing, legal, auditing and health care management services may be done by contracting with other entities or businesses to do those services. Your protected health information will be given to those business associates or qualified service organizations as needed to do the activities they are under contact to do. Our business associates and qualified service organizations are required to protect and secure your health information that is released to them.
Persons Involved in Your Care: We may release your health or treatment information to a family member who is actively involved in your care as allowed by Colorado law (CRS 27-65-102 and 27-65-121). This information is limited and will only be released if a professional decides it is in your best interest. In a life threatening or bona-fide medical emergency, Solvista Health staff will disclose health information about you that is necessary to avoid serious harm or death to you or others.
Research: Under certain limited circumstances, we may share your health or treatment information for research purposes. For example, a research project may study all clients who use a certain medication for the same condition. All research projects must get special approval. We will ask for your permission if the researcher needs to have access to your name, address or other information that identifies who you are. You may participate in research or not. If you decide not to participate, it will not affect your care.
Appointment Reminders: We may use your information to call or text you and remind you about an appointment for services.
Health-Related Information or Resources: We may use your information to tell you about other resources or information that may be interesting to you, such as new groups or websites.
Health Information Exchange: Solvista Health participates with the Colorado Regional Health Information Organization (CORHIO) which is the state-designated entity to lead efforts to expand the use of health information across Colorado. CORHIO facilitates the exchange of health information in the behavioral health community with medical, physical care community to improve coordination of care so that important health information about you is available to health care providers who are treating you. When you receive services at Solvista Health, you are automatically enrolled in CORHIO. You have the right to opt out of participation in CORHIO, or revoke a previous opt out request you made.
HIV INFORMATION: Solvista Health keeps all medical information regarding HIV strictly confidential. It is only released according to state law (CRS 25-4-4 and CRS 25-4-14). We will only disclose health information to third parties about a client's HIV status with the client’s specific written authorization.
RIGHTS OF MINORS: Any person aged 15 or older may consent to mental health treatment and allow their health information to be shared, just as if s/he were an adult. Per Colorado law, parents or legal guardians can ask for and receive information about a minor's mental health treatment without the minor's permission. Everything else in this privacy notice applies equally to adults and to minors.
SUBSTANCE USE DISORDER INFORMATION: Federal laws require Solvista Health and its providers to keep any information about your past or present substance use disorder confidential and private (42 CFR Part 2). Solvista Health can only share your substance use disorder information if we have written permission from you. In certain cases, Solvista Health may share information about you as a client without your permission.
SPECIAL CASES: Solvista Health and its providers are allowed or required to share information about your substance use disorder, other than HIV information, without your written permission in the following situations:
To medical personnel. We may share necessary information about you with medical personnel during a bona-fide medical emergency.
Communication among Solvista Health staff. We may share information about your substance use disorder among staff who need your information to provide your care and services.
Qualified Service Organizations. We may disclose your substance use disorder information to a qualified service organization (QSO). A QSO provides a service to Solvista Health such as a laboratory that tests urine samples. The QSO must follow the same privacy laws as Solvista Health.
Crimes on Solvista Health premises or against Solvista Health staff. We may disclose information about you to law enforcement if a crime is committed on Solvista Health property, against Solvista Health staff, or a threat is made to commit a crime. We are only allowed to disclose facts about the incident, the fact that you are a client at Solvista Health, your name and address, and your last known whereabouts.
For research, audits, and/or evaluations. We may share your information with qualified personnel for the purpose of conducting research, management or financial audits, or program evaluations.
Reports of suspected child abuse and neglect. We are required by law to report suspected child abuse and neglect to the proper authorities.
If you believe the privacy of your substance use disorder information has been violated, you may contact the U.S. Attorney for Colorado at:
1801 California Street, Suite 1600, Denver, CO 80202; 1-303-454-0100.
Or, the Substance Abuse and Mental Health Services Administration (SAMHSA) National Helpline at 1-800-662-HELP (4357).
Federal and state laws allow or require Solvista Health and its providers to share your health or treatment information, other than HIV information, without your written permission in certain special circumstances, if they occur.
Public Health Risks (Health and Safety for You and/or Others): We may share your health information for public health activities when it is needed to prevent a serious threat to your health and safety or to the health and safety of another person or the public. Examples include the following:
- To prevent or control disease, injury, or disability
- To report births or deaths
- To report child abuse or neglect
- To report abuse of the elderly or at-risk adults
- To report reactions to medications
- To notify people about medication recalls if they are taking the medication
- To notify a person who may have been exposed to a disease or who may be at risk for catching a disease
- To prevent a serious threat to the health or safety of a person or the public
- When required by law, to inform the proper authorities if we believe a client has been the victim of abuse, neglect, or domestic violence
Health Oversight Activities: We may share your health information with a health oversight agency for activities authorized by law. These oversight activities may include audits, investigations, inspections, and renewing or getting a new license. These activities are necessary so the government can monitor the health care system, government-funded programs, and to make sure we follow civil rights and other laws.
Lawsuits and Disputes: If you are involved in a lawsuit or legal action, we may disclose your health information if we get a court order from a judge. We may also disclose your health information if we get a subpoena, discovery request or other lawful process initiated by someone else involved in the legal action. If you have filed a complaint or lawsuit against your therapist or Solvista Health, we may disclose your health information in order to resolve the matter.
Law Enforcement: We may disclose your health information if asked to do so by law enforcement for one of the following reasons:
- In response to a court order, subpoena, warrant, summons, or similar lawful process
- When limited information is needed to identify or locate a suspect, fugitive, material witness, or missing person
- About the victim of a crime if, under certain limited circumstances, we are not able to get the person's authorization
- About a death we believe may have resulted from a crime
- About criminal conduct at any Solvista Health office or program, or against a staff member, visitor, or another client
- In an emergency to report a crime, the location of the crime or victims, or the identity, description, or location of the person believed to have committed the crime
Coroners, Health Examiners, and Funeral Directors: We may disclose information to a coroner or health examiner. This may be necessary to identify a deceased person or determine the cause of death. We may also release health information about a client to a funeral director when necessary to carry out their duties.
National Security and Intelligence Activities: We may disclose your health information to authorized federal officials for national security activities according to law.
Protective services for the President and Others: We may disclose your health information to authorized federal agents who provide protection to the President, foreign heads of state or other authorized persons.
As Required By Law: We will disclose health information about you when required to do so by federal, state or local law.
YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU:
Right to Inspect and Copy: You have the right to inspect and copy health information that may be used to make decisions about your care. This may include evaluations/assessments, treatment plans, progress notes, and billing information. To inspect or copy your health information, you must ask us in writing. We may charge a small fee for the cost of copying your records.
We may deny your request to inspect and copy your information in certain, very limited circumstances. In those circumstances, Solvista Health can deny you access to information that may be harmful to your health or safety or to the health and safety of others. If Solvista Health denies you access to any part of your health information, you may ask us to review our denial decision. We will tell you in writing how to start the review process when we deny access to your information.
Right to Amend: If you think there is something wrong or missing in your health record, you can ask that it be changed. You have the right to ask us to make a change in your record if Solvista Health keeps or stores your health record. If you want us to make a change (request an amendment), you need to give us your request in writing. You must give us a reason that supports your request. We may deny your request if you ask us to change information that is:
- accurate and correct
- not part of the health information kept by Solvista Health or its providers
- not part of the health information you are allowed to inspect or copy
- Was not created by us, unless the person/entity that created the information is no longer available to make the change
Right to an Accounting of Disclosures: You have the right to ask for a list of the times we shared your health information with anyone outside of Solvista Health. This list will not have information if we shared for purposes of treatment, payment or health care operations. It will not include information we shared because you or someone permitted to act for you, signed an authorization form allowing us to release your information. To ask for this list, you must tell us in writing. Your request must include the period of time for the accounting within the last six years.
Right to Request Restrictions: You have the right to ask us to limit the health information we use or disclose about you. Solvista Health does not have to agree to your request. If we do agree, we will honor the request unless we need the information to give you emergency care. To request restrictions, you must make your request in writing. In your request, you must tell us what information you do not want shared, and who should not have access to your information.
Right to Request Confidential Communications: You have the right to ask us to communicate with you about health matters in a certain way or at a certain location. For example, you can ask that we only call you at a certain telephone number or only send mail to a certain address. To request confidential communications, you must tell us in writing. We will follow all reasonable requests. Your request must tell us how or where to contact you.
Right to Paper Copy of this Notice: You have the right to get or ask for a paper copy of this Notice at any time.
Per Colorado Law, Solvista Health must keep your records for 7 years after the date you were discharged, if you are 18 years of age or older. You have the right to file a complaint with the Department of Regulatory Agency (DORA) if you think we did not keep and store your records according to law. You must file the complaint within 7 years after you learned about the violation.
Any other use or disclosure of your health information not covered by this notice will only be made with your written permission to share your information. If you sign an authorization to release your health information, you may revoke it in writing at any time. If you are a client who has a substance use disorder or is in an addiction recovery program, you can revoke a release in writing.
Once you have revoked your release, Solvista Health will no longer use or disclose your information to the person or for the reasons covered by your authorization(s). If you revoke a release, Solvista Health will not be able to take back any disclosure that was already made before you revoked your release.
CHANGES TO THIS NOTICE
Solvista Health has the right to change this notice. We reserve the right to make the updated notice effective for health information we already have about you, as well as for any information we receive in the future. Solvista Health will post a copy of the current notice in each office location and on our website. The notice will contain the effective date. Solvista Health will tell you about any revisions by posting a revised notice in our offices or on the website.
COMPLAINTS AND ASSISTANCE
If you need any help understanding this notice or your rights, and if you need help filling out requests, you may ask your clinician, the Client and Family Advocate, or the Compliance Specialist. If you believe your privacy rights have been violated, you may contact the Director of Advocacy & Peer Services. The Director may be reached by mail at 3225 Independence Road, Cañon City, CO 81212, or by calling 719-275-2351. If we cannot resolve your concern, you also have the right to file a written complaint with the United States Secretary of the Department of Health and Human Services. You may also refer to the Clients Rights form for additional sources of information or assistance. The services you receive will not be affected and you will not be punished for filing a complaint.