Privacy Policy

Our Policy

As part of providing services to you, Soulful Recovery will collect, record, and use protected health information (PHI) related to your health, treatment, and payment for services. Protected health information includes any data that identifies you and is relevant to the treatment we provide, including mental health, alcohol, or drug treatment. Protecting your privacy and confidentiality is of utmost importance to Soulful Recovery, and we are obligated by federal and state laws to ensure this protection. This notice outlines our privacy practices, legal responsibilities, and your rights concerning your PHI. It is required by law for us to provide you with a copy of this notice. Soulful Recovery retains medical records for individuals who have received outpatient services for ten years and for those who received outpatient services for seven years following their discharge. These records contain your PHI and may include details such as name, demographic information, referral information, admission notes, assessments, evaluations, progress notes, treatment plans, medical protocols, financial/payment information, and more. These records are essential for providing you with the best care and for receiving payment from third-party payers, as required by state licensing regulations. Please note that amendments to this notice may be made in writing by Soulful Recovery in response to changes in laws or policies.

HOW WE MAY USE AND DISCLOSE YOUR MENTAL HEALTH INFORMATION

TREATMENT:
To ensure the best care and your safety, your PHI may be disclosed to Soulful Recovery staff members involved in your treatment. Information will only be shared with individuals outside of Soulful Recovery if you have given express written consent or authorization, except where required by law.

REQUIRED BY LAW:
We may disclose protected health information about you when legally required or permitted by court order. This includes reporting suspected child abuse or neglect, complying with court orders, taking action in case of imminent danger to others, responding to cases where you are a danger to yourself or others, or cooperating with coroner investigations in case of death.

CRIMES ON PROGRAM PREMISES OR THREATS AGAINST STAFF:
We will report any crimes committed by someone receiving services at Soulful Recovery or against Soulful Recovery staff to the appropriate law enforcement agency. The report will contain only relevant information to identify and locate the suspected perpetrator.

PAYMENT:
Disclosure of your PHI may be necessary for payment purposes, especially when dealing with third parties like insurance companies, workman’s compensation, family members, or financial officers. Your consent or authorization is required for such disclosures. Please be aware that refusing permission may lead to non-payment by the third party.

HEALTHCARE OPERATIONS:
Soulful Recovery may use and disclose your PHI for healthcare operations, including staff training, evaluation, auditing, medical reviews, compliance programs, business planning, licensing, quality assurance, accreditation, certification, and credentialing activities.

TEACHING / TRAINING / SUPERVISION:
Your personal information may be disclosed during teaching, training, and supervision of substance abuse field members, ensuring anonymity.

BUSINESS ASSOCIATES AND ANCILLARY SERVICE PERSONNEL:
Some services provided to Soulful Recovery involve business associates and ancillary personnel like auditors, lab technicians, medical providers, and others. Necessary PHI may be disclosed to them to perform their designated tasks, and they are required to safeguard your information as per Soulful Recovery policies and legal requirements.

YOUR AUTHORIZATION:
Although your medical record belongs to Soulful Recovery, you have the right to review and obtain a copy of it. You may consent to release specific information about you for treatment purposes, and a written consent or authorization is required before copying and delivering your records. You may also request your PHI to be disclosed to any person or agency of your choice for any purpose. Written consent or authorization is necessary for such disclosures, and the consent is valid for one year from the date signed unless specified otherwise by you. You have the right to revoke your consent at any time.

DISCLOSURE TO FAMILY AND FRIENDS:
We will only disclose the PHI you specify and to individuals for whom you have provided written consent or authorization. We will not confirm or deny your presence at Soulful Recovery to anyone without your consent or in emergency situations or as required by law. In emergencies or when you are unable to provide consent, we may disclose your PHI to your designated “Emergency Contact Person(s).”

APPOINTMENTS, REMINDERS, AND ALUMNI CONTACT:
We may use and disclose your PHI to contact you for appointment reminders, check-ins on your mental health status, and information about alumni events and associations. If you do not wish to be contacted for these purposes, you have the right to request not to receive such communications.

YOUR RIGHTS UNDER THE FEDERAL PRIVACY STANDARD:

REQUEST ADDITIONAL RESTRICTIONS:
You have the right to request that Soulful Recovery place additional restrictions on certain uses and disclosures of your information. While we are not required by law to agree, we will try to honor your requests whenever possible without causing undue hardship to our business operations.

REQUEST A COPY OF THIS NOTICE:
All individuals receiving services at Soulful Recovery are provided with a copy of this notice upon admission and are asked to acknowledge that they have seen it. You can request an additional copy at any time.

TO REQUEST A COPY OF YOUR MEDICAL RECORD:
You have the right to request a copy of your medical record from Soulful Recovery. However, please be aware that there are certain instances where Soulful Recovery may deny access to your medical record. Such denials may occur if access to the records could potentially harm other patients, Soulful Recovery personnel, property, or yourself. Additionally, access may be denied in the following situations:

1. When the information in your medical record was compiled in reasonable anticipation of or for use in civil, criminal, or administrative actions or proceedings.
2. When the information was obtained from someone other than a healthcare provider under a promise of confidentiality, accessing the information would likely reveal the source of the information.
3. When the records were created by a treatment facility or mental health professional that is not an employee or Business Associate of Soulful Recovery. In such cases, you must directly request those records from the facility or professional that originally created them.
In situations where Soulful Recovery denies access to your medical record, you have the right to a review of the decision. The grounds for denial may include circumstances where access is likely to endanger your life or physical safety or that of another person. Additionally, access may be denied if the medical record references another person receiving services at Soulful Recovery, and access could cause substantial harm to that person or someone else. If your request is denied, a licensed professional other than the one who made the original decision will review the denial and provide a written response within 60 days. This second opinion will be upheld.

TO REQUEST AN AMENDMENT OR CORRECTION TO YOUR MEDICAL RECORD:
If Soulful Recovery staff denies your request for an amendment or correction to your medical record, you will be informed of the reasons for the denial. In such cases, you have the option to attach a statement of disagreement to your record, which will be included with the record. You may also file a written complaint with our Executive Director or with the Office of Behavioral Health or the Department of Health and Human Services. However, if your request is granted, Soulful Recovery will make the necessary correction to your medical record and notify individuals you identify in writing who should be informed of the changes. It is important to note that if Soulful Recovery staff did not create the record in question, we may not legally amend those records. In such cases, you will need to contact the party or facility that originally created the record.

TO REQUEST ALTERNATIVE COMMUNICATION:
You have the right to request that Soulful Recovery communicates with you using alternative means or at alternative locations. Such requests must be made in writing and specify the preferred means and location of communication. For example, you may ask us to contact you at home or on your cell phone or to send mail to a different address.

Soulful Recovery’s RESPONSIBILITIES UNDER FEDERAL LAW:

In addition to providing you with the rights outlined above, Soulful Recovery is required to:
– Maintain the privacy of your PHI through appropriate physical, administrative, and technical safeguards.
– Provide you with this notice, explaining our legal duties and privacy practices regarding your personal and private information.
– Abide by the terms of this notice.
– Train employees, staff, and personnel on our privacy and confidentiality policies.
– Implement a disciplinary plan for any breaches of our privacy and confidentiality policies.
– Not use or disclose your personal and mental health information without your written consent or authorization.
– Keep an account of any non-routine disclosures and uses of your medical records within 60 days of such disclosures. The information provided will include the name and address of the recipient of your PHI, a description of the information disclosed, and the purpose of the disclosure. Soulful Recovery may charge a reasonable fee for this service.

Soulful Recovery DOES NOT NEED TO OBTAIN YOUR CONSENT OR AUTHORIZATION FOR:

– Disclosures to you.
– Disclosures consented to or authorized by you.
– Partially de-identified data used for research, education, public health, or health care operations.
– Disclosures to individuals involved in your care, such as outpatient therapists, psychiatrists, or medical doctors.
– Disclosures for national security or intelligence purposes, to correctional institutions, or law enforcement officials under certain circumstances.
– Disclosures that occurred before April 14, 2013.
You have the right to revoke your consent to use or disclose your PHI at any time, except where we have already taken action based on your prior consent.

CONTACT INFORMATION:

If you have any questions, require further information, or believe your privacy rights have been violated, you can contact Soulful Recovery’s Executive Director, Grant Schaefer. Soulful Recovery staff will not retaliate in any way if you choose to file a grievance with Soulful Recovery or one of the associated agencies mentioned below.

Additionally, you have the right to file a grievance with the following organizations:

Division of Regulatory Agencies

1560 Broadway, Suite 1350
Denver, CO 80202
(303) 894-7766
www.dora.state.co.us/mental—-health/complaints.htm

Behavioral Health Administration

710 S Ash St C140
Denver, CO 80236
https://www.colorado.gov/pacific/cdhs/behavioral-health

Colorado Department of Public Health & Environment

4300 cherry Creek S Dr.
Denver CO 80246
(303) 692-2000
https://www.colorado.gov/cdphe