Hope Valley Recovery Confidentiality of Client Records Policy

Hope Valley Recovery shall protect the confidentiality of all clients in compliance with state and federal laws and regulations.

1. Each specific request for release of information must comply with applicable federal and state laws and regulations and be accompanied by a completed and signed authorization for release of information that shall include but not be limited to the following:
a. The full name and date of birth of the person;
b. The extent and nature of information to be disclosed;
c. The purpose or need for disclosure;
d. The name of the Hope Valley Recovery employee disclosing the information;
e. The name of the person, institution, or Hope Valley Recovery employee receiving the information;
f. The written signature of the person and, where appropriate, the person’s parent or legal guardian and his or her relationship to the person;
g. The date on which the authorization was signed;
h. The specific date, event, or condition upon which consent will expire, which must be within 365 days of the date of authorization;
i. A statement that consent for release of information can be revoked at any time by the person or, where applicable, his parent or legal guardian;
1. Revocations of consent shall be signed and dated by the person or the person’s parent or legal guardian, where applicable.
2. Upon written notification of revocation of consent, further release of information, except as allowed by law, shall cease immediately.
j. A statement that this information is not to be re-released without the person’s authorization or, when applicable, the authorization of the person’s parent or legal guardian.

2. Each request for information regarding a person receiving or who previously received services must be accompanied by a completed and signed authorization for release of information.

Exceptions are either court order signed by Judge or a Medical Emergency. Should professional staff determine a client’s degree of danger to self or others, it will be reported immediately by the counselor to Program Director for review and compliance with mandated reporting requirements.

3. Hope Valley Recovery shall respond to each specific request for information explaining the information forwarded and only the specific information requested.
4. Hope Valley Recovery shall not disclose any information obtained via another source without a signed release of information from the client allowing such a disclosure.
5. The original copy of the request for information shall be included in the client’s file along with a copy of the cover letter and information forwarded.
6. Staff will not disclose information if there is a reasonable doubt as to the validity of the consent form.

EXCEPTION REGARDING THE RELEASE OF INFORMATION:

7. In the case of a life threatening situation, or where the individual’s condition or situation precludes the possibility of obtaining written consent, Hope Valley Recovery may release pertinent medical information to the medical personnel responsible for the individual’s care without the client’s authorization, and without administrative authorization from Hope Valley Recovery’s Executive Director or his/her designee, if obtaining such authorization would cause an excessive delay in delivering treatment to the individual.

a. Where information has been released without initial authorization, the staff member responsible shall notify the client’s counselor as well as enter into the client’s record within twenty-four (24) hours all details pertinent to the transaction. This record entry shall include, but not be limited to:
1. The date and time the information was released
2. The person’s name and title to whom the information was released
3. Justification for the release of information
4. The reason written consent could not be duly obtained
5. The nature and details of the information given

b. As soon as possible after the release of such information, the client should be informed by the counselor that such information was released and this transaction documented on the client’s record.

8. In the case of a Court Order, the Order must specify, but not be limited to, one of the following:
a. The safety of a third party precludes the client’s right of confidentiality
b. Information is necessary in connection with investigation or prosecution of an extremely serious crime, such as a crime which directly threatens loss of life or serious bodily injury
9. Information released in an emergency or due to a Court Order is to be objective in nature only.

PROCEDURES TO ENSURE CONFIDENTIALITY OF CLIENT RECORDS:

1. Upon intake / admission, the client will be informed in writing of their rights as clients and of Hope Valley Recovery’s policy on confidentiality.

2. Client’s records are to be maintained in the EHR.

3. It is not deemed a breach of confidentiality to use client information for audits or accrediting purposes; nor is it a breach of confidentiality to use client information to obtain payment for services provided.

4. Hope Valley Recovery’s client service records will be accessible only to those with proper authorization or with absolute need for such information.

5. A copy of 42 CFR 2 will be made available to all service providers of Hope Valley Recovery, paid and volunteer staff members.

A. Client information will not be released unless the requesting party submits to Hope Valley Recovery a signed form or legal document from the person to whom the request pertains.
B. All written requests for client information are to be made part of the client’s official case file.
C. The counselor will evaluate all written requests for client information and release the client information if state and federal standards have been met.

6. Hope Valley Recovery ensures that electronic information that includes persons served identifiable information is secure and confidentially maintained.

For Questions or Concerns Please Contact our Privacy Officer by calling 740-500-1391