Notice of Privacy and Confidentiality / Client Rights

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.

General Information:

The confidentiality of alcohol and drug abuse client records maintained by Vive Treatment Centers is protected by two federal laws: the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 132d et seq., 45 C.F.R. Parts 160 & 164, and the Confidentiality Law, 42 U.S.C. § 290dd-2, 42 C.F.R. Part 2.

Generally, Dr. Rosenblatt may not say to a person outside the office that you attend the office,  or disclose any other protected information except as permitted by federal law.

Dr. Rosenblatt must obtain your written consent before it can disclose information about you for payment purposes.  Generally, you must also sign a written consent before Dr. Rosenblatt can share information for treatment purposes or for health care operations. However, federal law permits Dr. Rosenblatt to disclose information without your written permission:

1. Pursuant to an agreement with a qualified service organization/ business associate;
2. For research, audit or evaluation;
3. To report a crime committed on Dr. Rosenblatt's premises or against Dr. Rosenblatt
4. To medical personnel in a medical emergency;
5. In connection with treatment, payment (insurance company) or health care operations;
6. To appropriate authorities to report suspected child or elder abuse and/or neglect;
7. As allowed by a court order.

Before Dr. Rosenblatt can use or disclose any information about your health in a manner which is not described above, we must first obtain your specific written consent allowing it to make the disclosure. Any such written consent may be revoked by you in writing.

Your Bill of Rights

Under HIPAA you have the right to request restrictions on certain uses and disclosures of your health information. Dr. Rosenblatt  is not required to agree to any restrictions you request, but if it does agree then it is bound by that agreement and may not use or disclose any information which you have restricted except as necessary in a medical emergency. You have the right to request that we communicate with you by alternative means or at an alternative location.

Dr. Rosenblatt will accommodate such requests that are reasonable and will not request an explanation from you. Under HIPAA you also have the right to inspect and copy your own health information maintained by Dr. Rosenblatt, except to the extent that the information contains psychotherapy notes or information compiled for use in a civil, criminal or administrative proceeding or in other limited circumstances.

Under HIPAA you also have the right, with some exceptions, to amend health care information in Dr. Rosenblatt's records, and to request and receive an accounting of disclosures of your health related information made by Dr. Rosenblatt during the six years prior to your request. You also have the right to receive a paper copy of this notice.

1. In accordance with Title 6 of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title 9, Section 10800, and Americans with Disabilities Act of 1990, each person receiving services from an alcoholism or drug abuse recovery or treatment facility shall have rights which include, but are not limited to, the following:
2. You, or your legal guardian, have the right to accept or refuse treatment after receiving this explanation.
3. If you agree to treatment or medication, you have the right to change your mind at any time (unless specifically restricted by law). You have the right not to receive unnecessary or excessive medication.
4. You have the right to a humane environment that provides reasonable protection from harm and appropriate privacy for your personal needs. To be accorded safe, healthful and comfortable accommodations to meet his or her needs.
5. To be free from verbal, emotional, physical abuse, inappropriate sexual behavior or contact, exploitation, humiliation, harassment and/or neglect.
6. To be accorded dignity and respect in contact with staff, volunteers, board members and other persons. You have the right to have your rights explained to you in simple terms, in a way you can understand within 24 hours of admission, which can help in decision-making. You have the right for your culture, psychosocial, spiritual, and personal values, beliefs and preferences to be respected.
7. You have the right to appropriate treatment in the least restrictive setting available that meets your needs.
8. You have the right to be told the program’s rules and regulations before you are admitted including without limitations, the rules and policies related to restraints and seclusion. Your legally authorized representative, if any, also has the right to be and shall be notified of the rules and policies related to restraints and seclusion.

You have the right to be told before admission:

1. the condition to be treated;
2. the proposed treatment;
3. the risks, benefits, and side effects of all proposed treatment and medication;
4. the probable health and mental health consequences of refusing treatment;
5. other treatments that are available and which ones, if any, might be appropriate for you;
6. the expected length of stay;
7. what is to be expected of treatment;
8. You have the right to a treatment plan designed to meet your needs, and you have the right to take part in developing that plan. You also have the right to meet with staff to review and update the plan on a regular basis.
9. The right to confidentiality as provided for in Title 42, Code of Federal Regulations, Part 2 and HIPAA and the right to receive this Privacy Notice. Information about you is to be kept private and you are to receive an explanation as to circumstances when the information can be released without your permission.
10. You have the right to be told in advance of all estimated charges and any limitations on the length of services of which Dr. Rosenblatt  is aware.
11. You have the right to receive an explanation of your treatment or your rights if you have questions while you are in treatment.
12. To be informed by the program of the procedures to file a grievance (without fear of retaliation) or appeal discharge and receive a fair response from Vive Treatment Centers within a reasonable amount of time. Complaints may go directly to the District of Columbia Department of Health.
13. To be free from discrimination based on ethnic group identification, culture, sexual orientation, religion or spiritual beliefs, age, gender, skin color, socioeconomic status, language, or disability.
14. To be accorded access to his or her file and the right to own the information within his or her file with the exception of psychotherapy notes.
15. The right to request corrections of erroneous and/or incomplete information.
16. The right to prohibit re-disclosure of client information.
17. The right to request transmittal of communications in an alternative manner.
18. The right to obtain an accounting of disclosures.
19. The right to express preferences regarding counselor or service providers.
20. Fiduciary abuse of the participants is prohibited.
21. To be free from any marketing or advertising publicity without written authorization.
22. The right to provision of services will be responsive to the participants’ social support and legal advocacy needs, when necessary.
23. The right to be free from intrusive procedures (strip searches or pat downs).
    1. For residential sites, the Client Bill of Rights shall also include:
24. You have the right not to be restrained or placed in a locked room by yourself. If you become a danger to yourself or others, Dr Rosenblatt will call 911.
25. Any program conducting research using participants as subjects shall comply with all federal regulations for protection of human subjects (Title 45. Code of Federal Regulations 46.) However, you have the right to refuse to take part in research without affecting your regular care.

Dr. Rosenblatt's Duties

Dr. Rosenblatt is required by law to maintain the privacy of your health information and to provide you with notice of its legal duties and privacy practices with respect to your health information.

Dr. Rosenblatt is required by law to abide by the terms of this notice. Dr Rosenblatt reserves the right to change the terms of this notice and to make new notice provisions effective for all protected health information it maintains. Revised notices will be posted in all  Dr. Rosenblatt's offices and website, as well as given to all active patients.

Complaints and Reporting Violations

You may complain to the Secretary of the United States Department of Health and Human Services at 200 Independence Avenue S.W., Washington, D.C. 20201, to THE STATE (800)832-9623, and to Dr. Rosenblatt (at the address below) if you believe that your privacy rights have been violated under HIPAA. Dr. Rosenblatt will take no retaliatory action against you if you file a complaint about our privacy practices.

Contact

If you have questions about this notice or any complaints, please contact the Chief Privacy Officer at:

Dr. Seth Rosenblatt, MD
1636 Connecticut Ave NW, Washington, DC 20009

Violation of the Confidentiality Law by a program is a crime. Suspected violations of the Confidentiality Law may be reported to the United State Attorney in the district where the violation occurs.

Washington DC Client Rights

Consumer Rights Statement 

This Consumer Rights Statement enumerates the rights that you have when you receive mental health or substance use disorder services/support from the Department of Behavioral Health (DBH). If you need further explanation of any of these rights, feel free to ask your provider or see DBH Consumer Rights Policy 515.3. If the court has said that you are not able to understand these rights, these rights will be explained to your family member or legal representative or anyone you choose. You will be provided a copy. (See footnote below for definition of consumer1 which may also refer to “client”.) When you are receiving services from the Department of Behavioral Health (DBH) or any facility that is contracted to provide mental health and/or substance use disorder services/supports, you have the right to: 

1. Be treated with dignity and respect at all times. 
2. Be told what rights you have.
3. Be free from discrimination. 
4. Be safe from harm. 
5. Complain if you feel your rights have been violated.
6. Decide what treatment you want in advance.
7. Give or not give consent from treatment of your behavioral health or physical health problems. 
8. Take or refuse to take medications.
9. Treated in the least restrictive and integrated setting. 

10/ Take part in the development of your treatment/service plan.

1. Have information about you kept private.
2. Talk in private with those mentioned in your service plan during reasonable times.
3. Receive and send mail without anyone else opening it. 
4. Ask for and get a copy of your bill for the services you receive. 
5. Receive services and live in a healthy, safe and clean place. Vote in all elections if you are registered.
6. Practice or not practice your religion. 
7. Have a place to store your property. 
8. Say how you feel about the services you receive. 

YOU MAY CONTACT: Department of Behavioral Health, Consumer and Family Affairs Administration 64 New York Avenue, N.E., 3rd Floor, Washington, DC 20002 Telephone: (202) 673-4377 Fax: (202) 671-8049