THIS NOTICE DESCRIBES HOW MEDICAL AND DRUG AND ALCOHOL RELATED INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Information regarding your health care, including payment for healthcare, is protected by two federal laws: the Health Insurance Portability and Accountability Act of 1996 “HIPAA”, 42 U.S.C. §1320d 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. Under these laws, McLeod Addictive Disease Center, Inc. (McLeod Center) may not say to a person outside McLeod Center that you attend the program, nor may McLeod Center disclose any information identifying you as an alcohol or drug treatment patient, or disclose any other protected information except as permitted by federal law. McLeod Center must obtain your written consent before it can disclose information about you for payment purposes. For example, McLeod Center must obtain your written consent before it can disclose information to your health insurer in order to be paid for services. Generally, you must also sign a written consent before McLeod Center can share information for treatment purposes or for health care operations. McLeod Center will not sell or disclose information about you for marketing purposes. Federal law does permit McLeod Center to disclose information without your written permission in the following circumstances:
- Pursuant to an agreement with a qualified service organization/business associate;
- For audit or evaluations including NC-TOPPS;
- To report a crime committed on McLeod Center’s premises or against McLeod Center personnel;
- To medical personnel in a medical emergency;
- To appropriate authorities to report suspected child, elder, or disabled adult abuse or neglect (see section Mandated Reporting);
- As allowed by a court order
- If you are believed to be a danger to yourself (see section Patient Crises/Emergencies) or others (see section Duty to Warn)
For example, McLeod Center can disclose information without your consent to obtain legal or financial services, or to another medical facility to provide health care to you, as long as there is a qualified service organization/business associate agreement in place. Before McLeod Center can use or disclose any information about your health in a manner which is not described above, it 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 right to confidentiality concerning your treatment or services received at McLeod Center is protected by law. Your records at McLeod Center are confidential and will not be released to anyone without your Version 03012021 written consent, or as allowed by law (see General Information section for list of circumstances where disclosure without patient consent is permitted). You can withdraw permission to release information at any time. You can request that only certain parts of your record be shared. Under HIPAA, you have the right to request restrictions on certain uses and disclosures of your health information. Under HIPAA you also have the right to inspect and receive a copy of your own health information maintained by McLeod Center 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. You may request a copy of your treatment record including progress notes, consent to release information forms, the person-centered plan, aftercare plan, or discharge summary by contacting a staff member in medical records. You have the right to ask McLeod Center to accommodate requests that are reasonable and without requiring an explanation from you. Under HIPAA you also have the right, with some exceptions, to request amendment of health care information maintained in McLeod Center’s records, and to request and receive an accounting of disclosure of your health related information made by McLeod Center during the six years prior to your request. You also have the right to receive a paper copy of this notice.
MCLEOD CENTER’S DUTIES
McLeod Center 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. McLeod Center is required by law to abide by the terms of this notice. McLeod Center reserves the right to change the terms of this notice and to make new notice provisions effective for all protected health information it maintains. Revisions will be posted in the lobby of each facility, will be available on the McLeod Center website on the internet, and can be obtained from any employee.
The state of North Carolina requires, in accordance to G.S. 7B-301(a), “any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent…or has died as a result of maltreatment, shall report the case of that juvenile to the to the director of the department of social services in the county where the juvenile resides or is found…The report shall include information as is known to the person making it including the name and address of the juvenile; the name and address of the juvenile’s parent, guardian, or caretaker; the age of the juvenile; the names and ages of other juveniles in the home; the present whereabouts of the juvenile if not at the home address; the nature and extent of any injury or condition resulting from abuse, neglect, or dependency; and any other information which the person making the report believes might be helpful in establishing the need for protective services or court intervention.” North Carolina law indicates that “any person or institution who knowingly or wantonly fails to report the case of a juvenile…or who knowingly or wantonly prevents another person from making a report as required…is guilty of a Class 1 misdemeanor (G.S. 7B-301(b)). Per G.S. 108A-101 (d), “The words “disabled adult” shall mean any person 18 years of age or over or any lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated due to an intellectual disability, cerebral palsy, epilepsy or autism; organic brain damage caused by advanced age or other physical degeneration in connection therewith; or due to conditions Version 03012021 incurred at any age which are the result of accident, organic brain damage, mental or physical illness, or continued consumption or absorption of substances.” In accordance with G.S. 108A-102:
a) Any person having reasonable cause to believe that a disabled adult is in need of protective services shall report such information to the director.
b) The report may be made orally or in writing. The report shall include the name and address of the disabled adult; the name and address of the disabled adult’s caretaker; the age of the disabled adult; the nature and extent of the disabled adult’s injury or condition resulting from abuse or neglect; and other pertinent information.
c) Anyone who makes a report pursuant to this statute, who testifies in any judicial proceeding arising from the report, or who participates in a required evaluation shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith or with a malicious purpose. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c.275, s. 1.)
How to Contact Us
515 Clanton Road
Charlotte, NC 28217