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Notice of Privacy Practices
(Effective June 7, 2010)

Dear Parent or Caregiver,

This notice is about the privacy of the information that has been collected by Ocean Partnership for Children, Inc. (OPC), to assist in planning for services for your child and family. This notice is required by Federal laws for health providers due to dramatic changes in electronic information that have taken place in the past few years.  For your information, Ocean Partnership for Children, Inc. maintains all client records – as both electronic and hard copy files – in compliance with all federal and state laws and regulations through its partnership with the New Jersey Division of Child Behavioral Health Services (New Jersey Department of Children and Families) and its designated Contract System Administrator.

We have always taken great care to protect confidential information and now government regulations require your rights to be spelled out.  That is what you will find on the following pages.

We believe that privacy is part of the trust that you have placed in our organization, and we are committed to preserve that trust.

If you have any questions about this notice, please contact your Care Manager or OPC’s Privacy Officer at 732-202-0666.  Either party will be sure to answer your questions, or find out the answers and respond back to you in a timely manner.

Sincerely,
Enrico De Gironimo
Enrico De Gironimo, Executive Director

Notice Of Privacy Practices
 
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This is not intended to be a substitute for specific statutory language and legal advice regarding your rights and our responsibilities.  If you have a specific legal question, please seek legal advice from a qualified attorney.

If you have any questions or concerns regarding the implementation of these practices, please contact your Care Manager or our Privacy Officer at 732-202-0666.

 

This Notice of Privacy Practices (“Notice”) is provided to  you pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It is designed to tell you how Ocean Partnership for Children, Inc. (OPC) may, under federal law, use or disclose your Protected Health Information (PHI) related to the care management services we provide through New Jersey’s Children’s System of Care.

Understanding Your Protected Health Record Information

  • Every time you visit a hospital, physician or other healthcare provider, including Care Management Organizations (CMOs), or each time you receive a visit from a Care Manager, a record is made of that visit. This record contains your individualized service plan, progress and service notes regarding Child Family Team information, involvement of the Division of Youth and Family Services (DYFS), school records, health history, current symptoms, examination and test results, diagnoses, treatment and plans for future care and/or treatment.  This information is called “Protected Health Information” (PHI).
  • Understanding what is in your care management record, and how it is used, helps you to ensure its accuracy and completeness.  We are required, by law, to help you understand how your information is secured and protected.  It is also our responsibility to assist you in reviewing and/or gaining access to your care management record, if you so desire.
  • This Notice explains when your care management record is shared with others and for what reasons.

 

 

 

Uses and Disclosures of Your Protected Health Information (PHI)

Here are some general examples of how your protected health information is shared by Ocean Partnership for Children (OPC):

  • OPC may use and/or disclose your PHI for a number of care management related activities, including all the activities that are defined by federal regulation as “health care operations.” They include, but are not limited to, case management, care management, care coordination, utilization review, quality assessment and improvement, network and provider development, billing and payment processing, and population based research to improve the quality of life for children involved in New Jersey’s Children’s System of Care.
  • One example of an authorized system partner that will have access to your PHI is the Contract System Administrator, which is contractually obligated to the New Jersey Department of Children and Families - Division of Child Behavioral Health Services - to serve you and support all Care Management Organizations and the Children’s System of Care throughout New Jersey.
  • Routine operations for the CMO do not require us to secure authorization before sharing your information.  Routine is defined as any services that have to do with wraparound treatment as well as for both administrative, financial and quality assurance functions of the CMO, disclosing only that information which is “minimally necessary” to perform the operation of the CMO. When information is shared outside the scope of “routine operations,” we will seek your authorization in writing.
  • In the event applicable law, other than HIPAA, prohibits or materially limits our uses and disclosures of PHI, OPC will restrict our uses or disclosures of your PHI in accordance with the more stringent standard.
  • For all other circumstances, we may only use or disclose your protected health information after you have signed an authorization. If you authorize OPC to use or disclose your PHI for another purpose, you may revoke your authorization in writing at any time. We will honor your request, except to the extent that we have already taken appropriate actions in accordance with your original authorization.

 

Other Uses and Disclosures

Ocean Partnership for Children may also use or disclose your protected health information under the following circumstances without obtaining your prior consent or authorization.

  • OPC will share your PHI when required by federal, state or local law.  We would be required to share this information when the law requires us to report information about suspected abuse, neglect or domestic violence, or related to suspected criminal activity. 
  • OPC may share information about your PHI in response to a court or administrative order. We will also share information in response to a subpoena.  We will seek your authorization to share information requests in regards to discovery proceedings, or other lawful requests.
  • OPC may disclose your PHI for public health activities, such as reporting of disease, injury, birth and death, and for public health investigations.
  • OPC may disclose your PHI if authorized by law to a law enforcement agency or government oversight agency (e.g., a state insurance department) conducting audits, investigations, or civil or criminal proceedings; and with those authorities that monitor our compliance with privacy requirements.
  • OPC may disclose your PHI for research purposes, but only as permitted by law.
  • OPC may use or disclose your PHI to avert a serious threat to health or safety.

 

Rights Regarding Protected Health Information (PHI)

The federal privacy rules entitle you to request access, inspection and copying of your PHI that we maintain about you that is included what is called a “Designated Record Set”.  The summary
below sets forth your rights relating to your PHI.  You may exercise these rights by contacting our Privacy Officer in writing at: Ocean Partnership for Children, Inc.; Attention: Privacy Officer; 1610 Route 88 West; Brick, NJ 08724

  • Right to request restrictions on uses of sharing with others.  You have the right to ask us how we use to share PHI.  We will consider any request you may have to restrict this disclosure; however, we are not required to agree with your request. If we do agree with your

request, we will put our agreement in writing and follow it, except in emergency situations.  We cannot agree to limit the use of sharing information as required by law or as a requirement of participation in New Jersey’s Children’s System of Care.

  • Right to choose how we contact you.  You have the right to request that we communicate with you about care management services in a certain way or at a certain location, if using standard means of communications may endanger you.  For example, you can ask that we only contact you at work or by mail.  To make a request regarding how we communicate with you, you must make your request in writing, to the CMO as indicated in the attached letter.  We will agree to your request as long as it is reasonable for us to do so.

 

  • Right to inspect and copy your record.  You have a right to see and receive a copy of your Protected Health Information, if you put that request in writing.  We will respond to your request within the time required by law.  If we deny your request, we will give you written reasons for the denial and explain your appeal rights.  In some situations, we may deny access to certain part of your PHI, and you may not appeal that decision.  We will not provide access to information collected for legal action.  These situations may not be be appealed.  If you want copies of your PHI, a charge for copying may be required. You also have the right to choose to receive a summary instead of a copy of your record.
  • Right to request changes or corrections to your PHI.  If you believe that there is a mistake or missing information in your PHI, you may request that we correct or add to the record.  You must submit this request in writing.  We will respond within the time required by law.  We may deny the request if we determine that the PHI is 1) correct and complete, 2) was not created by us and/or is not part of our records, or 3) is a type of information that we cannot disclose.  If we deny your request for changes, we will tell you in writing the reasons for denial and explain rights to have your request and our denial, together with ay statement of disagreement made part of your PHI.  If we approve the request for changes we will change the PHI and tell you and others that need to know about the change.

 

  • Right to find out what disclosures have been made.  You have the right to request a list of the disclosures we made of your PHI, including the date, the person receiving the PHI and the purpose of the disclosure.  This list will not include disclosures made for the purpose of care coordination, treatment, payment or “routine operations”.  This list will not include any

disclosures made before April 14, 2003, and will not include disclosures that health authorities or law enforcement agencies asked us not to list.  To request this list, you must send your request in writing.  We will respond to your written request for a list within the time required by law.  You can request a list of disclosure going back for up to six years but

 

not earlier than April 14, 2003.  There will be no charge for one (1) list per 12 month period. There may be a charge for more than one (1) list per year.     

  • Right to a Copy of the Notice. You have the right to a paper copy of this Notice upon request by contacting us at the telephone number or address above.

 

  • Right to file a Complaint. If you believe your privacy rights have been violated, or you disagree with a decision that was made about access to or changes to your PHI, you can file a written complaint with: Ocean Partnership for Children, Inc.; Attention: Privacy Officer; 1610 Route 88 West; Brick, NJ 08724.

You may also file a complaint in writing – within 180 days of when you knew (or
should have known) of some violation or act of omission – with Region II of the U.S.
Department of Health and Human Services (New Jersey, New York, Puerto Rico and Virgin
Islands): Office for Civil Rights; U.S. Department of Health and Human Services; Jacob Javits Federal Building; 26 Federal Plaza - Suite 3312; New York, NY 10278. [Voice Phone (212)264-3313; FAX (212)264-3039; TDD (212)264-2355]

NOTE: There will be no retaliation for filing appeals or complaints.

Our Duties

  • OPC is required by law to maintain the privacy of your protected health Information and to provide you with a copy of this Notice of Privacy Practices.
  • OPC is required to abide by the terms of this Notice.
  • OPC reserves the right to amend this Notice at any time in the future and to make the new Notice of provisions applicable to all your protected health information – even if it was created prior to the change in the Notice. If such amendment is made, OPC will immediately

display the revised Notice at its office and provide a copy to each family enrolled in OPC. We will also provide you with a copy at any time upon request.

For Further Information

If you have questions or need further assistance regarding this Notice, you may call or write to our Privacy Officer (732-202-0666): Ocean Partnership for Children, Inc.; Attention: Privacy Officer; 1610 Route 88 West; Brick, NJ 08724.

Effective Date:  

June 7, 2010

NOTE: Ocean Partnership for Children, Inc. reserves the right to amend this Notice at any time in the future and to make the new Notice of provisions applicable to all your health information – even if it was created prior to the change in the Notice. If such amendment is made, we will immediately display the revised Notice at our office and provide you with a copy of the amended Notice. We will also provide you with a copy at any time upon request.

 

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