Notice of Privacy Practices

We are fully committed to protecting clients’ privacy. Read on to learn how medical and behavioral health information about our clients may be used and disclosed, and how you, as the legal, authorized representative of the client, can get access to this information.

Image by John Schnobrich

Your Rights. Our Responsibilities.

Your Rights

You have the right to:

  • Get a copy of the client’s paper or electronic medical record

  • Correct the client’s 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 the client’s information

  • Get a copy of this privacy notice

  • Choose someone to act for the client

  • File a complaint if you believe the client’s 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 the client’s condition

  • Provide disaster relief

  • Provide mental health care

  • Market our services and sell client information

  • Raise funds​

 

Kadiant Uses and Disclosures

We may use and share client information as we:

  • Treat the client

  • Run our organization

  • Bill for client 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

 

 

Client Rights

When it comes to the client’s health information, the client and the client’s authorized, legal representative have certain rights. This section explains rights and some of our responsibilities to help you.

Get an electronic or paper copy of the client’s medical record

  • You can ask to see or get an electronic or paper copy of the client’s medical record and other health information we have about the client. Ask us how to do this.

  • We will provide a copy or a summary of the client’s health information in accordance with legal timeframes, usually between 15 and 30 days of your request. We may charge a reasonable, cost-based fee.

 

Ask us to correct the client’s medical record

  • You can ask us to correct health information about the client that you think is incorrect or incomplete. Ask us how to do this by calling 1-866-KADIANT.

  • 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 client 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 the client’s health information for six years prior to the date you ask, whom 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 or electronic copy promptly.

 

Choose someone to act for the client

  • Individuals with medical power of attorney or legal guardians can exercise client rights and make choices about the client’s health information.

  • We will make sure the person with this authority can act for the client before we take any action.

 

File a complaint if you feel your rights are violated

  • You can complain if you feel we have violated client rights by contacting us using the information in this notice.

  • 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: hhs.gov/ocr/privacy/hipaa/complaints/

  • For services funded by educational agencies or institutions, you can file a written complaint with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202.

  • We will not retaliate against you or the client 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 the client’s 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 the client’s family, close friends, or others involved in the client’s care

  • Share information in a disaster relief situation

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

In these cases, we never share client 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.

 

 

Kadiant Uses and Disclosures

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

 

Treat the client

We can use client health information and share it with other professionals who are treating the client.

 

Example: A Board-Certified Behavioral Analyst (BCBA) asks another BCBA about the details of a client’s case.

 

Run our organization

We can use and share client health information to run our practice, improve the client’s care, and contact you when necessary.

 

Example: We use health information about the client to manage the client’s treatment and services.

 

Bill for client’s services

We can use and share the client’s health information to bill and get payment from health plans or other entities.

 

Example: We give information about the client to your health insurance plan so it will pay for the client’s services.

How else can Kadiant use or share client’s health information?

We are allowed or required to share the client’s 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 the client’s 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 the client 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 the client’s information for health research.

 

Comply with the law

We will share information about the client 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 the client 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 the client:

  • 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 the client in response to a court or administrative order, or in response to a subpoena.

 

Kadiant’s Responsibilities

  • We are required by law to maintain the privacy and security of the client’s protected health information.

  • We will let you know promptly if a breach occurs that may have compromised the privacy or security of the client’s information.

  • We must follow the duties and privacy practices described in this notice and give you a copy of it.

  • We also comply with various state laws that are applicable to protecting your health information rights and the privacy of the client’s health information.

  • Disclosures of health information about psychiatric conditions, substance abuse, or HIV-related testing and treatments are covered by special rules that do not allow us to disclose such information without your permission or a court order. There are exceptions to this general rule. For example, HIV test results may be disclosed to the client’s provider of health care without written authorization.

  • We will not use or share the client’s 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

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html

 

Online Information Questions and Answers:

  • What personal information do we collect from the people that visit our blog, website or app?

    • We do not collect information from visitors of our site; however, depending on your browser, Google may collect and analyze information.

 

  • When do we collect information?

    • We collect information from you when you fill out a form or enter information on our site.

  • How do we use your information?

    • We may use the information we collect from you when you register, surf the website, or use certain other site features in the following ways:

      • To improve our website in order to better serve you.

 

  • How do we protect visitor information? We:

    • Do not use vulnerability scanning and/or scanning to PCI standards.

    • Use regular Malware Scanning.

    • Use an SSL certificate

 

  • Do we use ‘cookies’?

    • We do use first-party cookies for tracking purposes via Google Analytics.

    • You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. This can be accomplished via your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

    • If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.

 

  • Third Party Disclosure

    • We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice.

    • This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

    • We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

 

  • Third party links

    • We do not include or offer third party products or services on our website.

 

  • Kadiant has implemented the following:

    • Demographics and Interests Reporting

    • We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

 

  • Opting out:

    • Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative opt-out page or permanently using the Google Analytics Opt-Out Browser add on.

 

  • California Online Privacy Protection Act

    • CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. –

    • See more at https://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

      • Users will be notified of any privacy policy changes:

        • On our Privacy Policy Page

      • Users are able to contact Kadiant regarding any privacy concerns related to their or the client’s personal information: By emailing us at compliance@kadiant.com

 

 

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 website.

 

Effective Date of this Notice: March 2, 2020

Tammi Keating, Chief Compliance and Privacy Officer

tammi.keating@kadiant.com

(805) 427-4985