This notice describes how your medical information may be used and disclosed and how you can get access to this information.
In this Notice, when we say "we" or "us," we mean Brighter Sky Counseling and its employees and agents. When we say "you" or "your," we are referring to the individual who is the subject of the protected health information (PHI) and any person with legal authority to act on their behalf.
PHI covered by this Notice is any information that identifies you or could be used to identify you, that is created or received by Brighter Sky Counseling and that relates to your past, present, or future physical or mental health condition, including health care services provided to you and payment for those services. PHI may include your name, address, birth date, phone number, social security number, Medicare or Medicaid number, health information, diagnoses, treatments received, and information regarding your health insurance policies.
We are required under applicable state and federal law to maintain the privacy and security of your PHI. We must follow the privacy practices described in this Notice while it is in effect. We reserve the right to change our privacy practices and this Notice at any time, provided such changes are permitted by law. Prior to making significant changes, we will update this Notice and post it in our facilities, on our website, and make it available upon request. We will notify you in the event a breach of your unsecured PHI occurs and is discovered.
Except for the purposes described below, we will only use and disclose your PHI with your written authorization.
We may use and disclose PHI for your treatment and to provide you with treatment-related health care services, including disclosure to other treating physicians. When permitted by law, this may include substance use disorder related information, which remains subject to additional federal confidentiality protections.
We may use and disclose PHI so that we or others may bill and receive payment from you, an insurance company, or third party for the treatment and services you received. When permitted by law, this may include substance use disorder related information, subject to additional federal confidentiality protections.
We may use and disclose PHI for health care operation purposes necessary to ensure quality care and to operate and manage our services. Disclosures involving substance use disorder related information are permitted only as allowed by federal law.
Certain substance use disorder related records are protected by federal law and may not be used or disclosed to initiate or substantiate any civil, criminal, administrative, or legislative proceedings against you without your written consent or a qualifying court order, except as otherwise permitted by law.
We will use and disclose your PHI if state or federal laws permit or require it, including with the Secretary of Health and Human Services, Office of Civil Rights, for compliance reviews or complaint investigations.
We may contact you to remind you of appointments and to tell you about treatment alternatives or health-related benefits and services that may be of interest to you.
We may use and disclose PHI for research in limited circumstances where the PHI will be protected by the researchers.
We may disclose PHI to business associates or qualified service organizations that perform functions on our behalf, where necessary for such services.
We may disclose PHI to a health oversight agency for activities authorized by law, including licensure, inspections, investigations, audits, or accreditation.
We may disclose PHI to law enforcement personnel for specific purposes including reporting suspected child abuse or neglect, domestic violence, or protection of vulnerable adults, or in response to a court order, subpoena, or warrant.
We may use and disclose PHI when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.
We may disclose PHI for public health activities including preventing or controlling disease, reporting births and deaths, reporting suspected child abuse or neglect, and reporting reactions to medications or product recalls.
Unless you object, we may disclose PHI to a family member, relative, close friend, or other person you identify that directly relates to their involvement in your health care or payment for health care.
We may also disclose PHI for workforce safety and insurance, national security activities, military and veterans' purposes, data breach notification, lawsuits and disputes, organ and tissue donation, disaster relief, coroners and medical examiners, and de-identified information where no reasonable basis exists to identify you.
We must obtain your written authorization for use and disclosure of your PHI for marketing purposes, disclosures that constitute the sale of your PHI, and for the use or disclosure of psychotherapy notes. We do not create or manage a public client directory and do not engage in fundraising activities.
You or an individual with legal authority to act on your behalf have the following rights regarding your PHI. These rights apply to all protected health information we maintain, including substance use disorder related records, subject to applicable federal law.
You have the right to inspect and obtain a copy of your PHI used to make decisions about your health care or payment. We have up to 30 calendar days to make your PHI available, with one possible 30-day extension. We may charge a reasonable fee for copying and mailing.
You have the right to request that your PHI be sent to an individual or entity you designate. Requests must be made in writing and clearly identify the designated party.
If you believe the PHI we have is incorrect or incomplete, you may request an amendment in writing. If we deny your request, you may have a statement of disagreement added to your record.
You have the right to request restrictions on the PHI we use or disclose for treatment, payment, or health care operations. Requests must be made in writing. We are not required to agree to your request except in certain payment-related circumstances.
You have the right to cancel or revoke an authorization you signed for the use or disclosure of your PHI, except to the extent we have already acted based on your authorization.
You have the right to request a list of certain disclosures we made of your PHI for purposes other than treatment, payment, or health care operations. We will account for disclosures made up to six years prior to your request date. No fee for the first accounting in a 12-month period.
You have the right to request that we communicate with you about health care matters in a certain way or at a certain location. We will accommodate reasonable requests made in writing.
You have the right to obtain a paper copy of this Notice upon request, even if you have agreed to receive it electronically. Contact us at any of our facilities or call (406) 272-6228.
Federal law and Montana State Law restrict disclosure of information regarding a minor age 14 or older with sufficient capacity unless the minor has consented in writing. For minors age 13 or younger, both the minor and parent/guardian must consent in writing. Federal law may further limit disclosure of substance use disorder related information for minors.
The confidentiality of substance use disorder patient records maintained by Substance Use Disorder Programs is protected by Federal law and regulations. Generally, a Substance Use Disorder Program may not inform any person outside the program that a patient attends the program, or disclose any information identifying a patient as having or having had a substance use disorder, unless: (1) the patient consents in writing; (2) the disclosure is allowed by a proper court order; (3) the disclosure is made to medical personnel in a medical emergency; (4) the disclosure is made to qualified personnel for research, audit, or program evaluation; (5) the patient commits or threatens to commit a crime on the premises; (6) the disclosure is made to appropriate authorities to initially report suspected child abuse or neglect; or (7) federal law or regulations allow the disclosure.
Violation of Federal law and regulations by a Substance Use Disorder Program is a crime. Suspected violations may be reported to the U.S. Attorney's Office for the District of Montana or to SAMHSA at 5600 Fishers Lane, Rockville, MD 20857 — Phone: 877-726-4727.
For more information or to exercise your rights, contact our Privacy Officer:
(406) 272-6228 | Brighter Sky Counseling, Attn: Erin Bratsky
2270 Grant Rd, Suite 1, Billings MT 59102
If you believe your privacy rights have been violated, you may file a written complaint with Brighter Sky Counseling or with the U.S. Department of Health and Human Services, Office for Civil Rights:
200 Independence Avenue SW, Room 509F, Washington D.C. 20201
Toll-free: 1-800-368-1019 | TDD: 1-800-537-7697 | ocrmail@hhs.gov
There will be no retaliation against you for filing a complaint.
By receiving services at Brighter Sky Counseling, you acknowledge that you have been given an opportunity to read and review this Notice of Privacy Practices. If you have questions regarding this Notice or your privacy rights, please contact us at (406) 272-6228.
A signed acknowledgement form is collected as part of your intake paperwork.