Last updated November 22, 2019
Thank you for choosing to be part of our community at HEAL Behavioral Health LLC (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at email@example.com.
- WHAT INFORMATION DO WE COLLECT?
- HOW DO WE USE YOUR INFORMATION?
- WILL YOUR INFORMATION BE SHARED WITH ANYONE?
- HOW LONG DO WE KEEP YOUR INFORMATION?
- HOW DO WE KEEP YOUR INFORMATION SAFE?
- DO WE COLLECT INFORMATION FROM MINORS?
- WHAT ARE YOUR PRIVACY RIGHTS?
- CONTROLS FOR DO-NOT-TRACK FEATURES
- DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
- DO WE MAKE UPDATES TO THIS POLICY?
- HOW CAN YOU CONTACT US ABOUT THIS POLICY?
TABLE OF CONTENTS – CLIENT RIGHTS
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.
We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect can include the following:
Publicly Available Personal Information. We collect first name, maiden name, last name, nickname, phone numbers, email addresses, social media, and other similar data.
Personal Information Provided by You. We collect data held by a hospital or doctor, data about health, DNA, medical records, FitBit, and similar apps, and other similar data.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
Online Identifiers. We collect cookie identifiers, or others such as the ones used for analytics and marketing, tools and protocols, such as IP (Internet Protocol) addresses, and other similar data.
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links). We will inform you about the source of information and the type of information we have collected about you within a reasonable period after obtaining the personal data, but at the latest within one month.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
- To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at firstname.lastname@example.org and be sure to include your name, testimonial location, and contact information.
- Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
- For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
- Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
5. HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at email@example.com.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.
11. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at firstname.lastname@example.org or by post to:
HEAL Behavioral Health LLC
1700 Old Okeechobee Road
West Palm Beach, FL 33330
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.
397.501 Rights of individuals- Individuals receiving substance abuse services from any service provider or guaranteed protection of the rights bus ride in the section, unless otherwise expressly provided, and service providers must ensure the protection of such rights.
1. RIGHT TO INDIVIDUAL DIGNITY
The Dignity of the individual served must be respected at all times in a pond All Occasions, including any occasion when the individual is admitted, retained, or transported. Individuals served two are not accused of a crime or delinquent act may not be detained or incarcerated in jails, detention centers, or training schools of the state, except for purposes of protective custody and strict accordance with this chapter. An individual may not be deprived of any constitutional right.
2. RIGHT TO NON-DISCRIMINATORY SERVICES
(a) Service providers may not deny an individual access to substance abuse Services solely on the basis of race, gender, ethnicity, age, sexual preference, human immunodeficiency virus status, prior service departures against medical advice, disability or number of relapse episodes. Service providers may not deny individuals who takes medication prescribed by a physician solely on that basis. Service providers who receive state funds to provide substance abuse Services may not, if space insufficient State resources are available, deny access to Services based solely on inability to pay.
(b) Each individual and treatment must be afforded the opportunity to participate in the formulation in periodic review of his or her individualized treatment or service plan to the extent of his or her inability to so participate.
(c) It is the policy of the state to use the least restrictive and most appropriate services available, based on the needs in the best interest of the individual and consistent with Optimum care of the individual.
(d) Each individual must be afforded the opportunity to participate in activities designed to enhance self-image.
3. RIGHT TO QUALITY SERVICES
(a) Each individual must be delivered Services suited to his or her needs, administered skillfully, safely, humanely, with full respect for his or her dignity and personal integrity, and in accordance with all statutory and regulatory requirements.
(b)Persons must include the use of methods and techniques to control aggressive behavior that possess you an immediate threat to the individual or two other persons. Such methods and techniques include the use of restraints, the use of seclusion, the use of time out, and other behavior management techniques. When authorized, these methods and techniques may be applied only by the persons who are employed by service providers and trained in the application and use of those methods and techniques. The department must specify by rule the methods that may be used in the techniques that may be applied by service providers chain control aggressive behavior and must specify by rule the physical facility requirements for seclusion rooms, including Dimensions, safety features, methods of observation, and contents.
3. RIGHT TO COMMUNICATION
(a) Each individual has the right to communicate freely and privately with other persons within the limitations imposed by service provider policy.
(b) Because the delivery of services can only be effective in a substance abuse free environment, close supervision of each individual’s Communications and correspondence is necessary, particularly in the initial stages of treatment, and the service provider must therefore that reasonable rules for telephone, mail, and visitation rights, giving primary consideration to the well-being and safety of individuals, staff, and the community. It is the duty of the service provider to inform the individual and his or her family if the family is involved at the time of admission about the providers rules relating to Communications and correspondence.
5. RIGHT TO CARE AND CUSTODY OF PERSONAL EFFECTS
An individual has the right to possess clothing and other personal effects. The service provider may take temporary custody of the individual’s personal affects only one required for medical or safety reasons, with the reason for taking custody in a list of the personal effects recorded in the individual’s clinical records.
6. RIGHT TO EDUCATION OF MINORS
Each minor is a residential service component is guaranteed Education and Training appropriate to his or her needs. The service provider shall coordinate with local education agencies to ensure that Education and Training is provided to each minor in accordance with other applicable laws and regulations and that parental responsibilities related to such as Education and Training are established within the provisions of applicable laws and regulations that does not relieve any local education authority of its obligation under the law to provide a free and appropriate education to every child.
7. RIGHT TO CONFIDENTIALITY OF INDIVIDUAL RECORDS
(a)the records of service providers which pertain to the identity, diagnosis, and prognosis in service provision to any individual are confidential and accordion with the chapter and with applicable federal confidentiality regulations and are exempt from s. 119. 07 (1) and s 24(a), art. I of the State Constitution. Such records may not be disclosed without the written consent of the individual to whom they pertain except with appropriate disclosure may be made without such consent:
- To medical personnel in a medical emergency.
- To service provider Personnel if such Personnel need to know the information in order to carry out duties relating to the provision of services to an individual.
- To the Secretary of the department or the secretaries designee, for purposes of scientific research, in accordance with Federal confidentiality regulations, but only upon agreement in writing that the individuals name and other identifying information will not be disclosed.
- In the course of review of service provider records by persons who are performing an audit or valuation on behalf of any federal, state, or local government agency, or third-party payer providing financial assistance or reimbursement to the service provider; however, reports produced as a result of such auditory valuation may not disclose names or other identifying information and must be in accordance with Federal confidentiality regulations.
- Upon court order based on application showing good cause for disclosure. In determining whether There is a good cause for disclosure, the court shall examine whether the public interest and the need for disclosure outweigh the potential injury to the individual, to the service provider and the individual, and to the service provider itself.
(b) the restrictions on disclosure and used in the section do not apply to Communications from provider Personnel The Law enforcement officers which:
- 1. Are directly related to an individual’s Commission of a crime on the premises of the provider or against provider Personnel or to a threat to commit such a crime; and
- 2. Are limited to the circumstances of the incident, including the status of the individual committing or threatening to commit the crime, that individuals name and address, and that individuals last known whereabouts.
(c) The restrictions on disclosure and use in the section do not apply to the reporting of the incidence of suspected child abuse and neglect to the appropriate state or local authorities as required by law. However, such restrictions continue to apply to the original substance abuse records maintained by the provider, including their disclosure and use for civil or criminal proceedings which may arise out of the report of suspected child abuse and neglect.
(d) Any answer to a request for disclosure of individual records which is not permissible under the section or under the appropriate Federal Regulations must be made in a way that will not formatively or veal than identified individual has been, or is being diagnosed or treated for substance abuse. The regulations do not restrict the disclose that an identified individual is not and has never received services.
(e) 1. Since a minor acting alone has the legal capacity to voluntarily apply for and obtain substance abuse treatment, any written consent for disclosure may be given only by the minor. This restriction includes, but is not limited to, any disclosure of identifying information to the parent, legal guardian, or custodian of a minor for the purpose of obtaining Financial reimbursement.
(e) 2. When the consent of a parent, legal guardian, or custodian is required under this chapter in order for minor to obtain substance abuse treatment, any written consent for disclosure must be given by both the minor and the parent, legal guardian, or custodian.
(f) an order of a quart or competent jurisdiction authorizing disclosure and use of confidential information is a unique kind of court order it’s only purpose is to authorize a disclosure or use of identifying information which otherwise would be prohibited by the section. Such an order does not compel disclosure. A subpoena or a similar legal mandate may be issued an order to compel disclosure. This mandate may be entered at the same time as, and accompany, authorizing court order entered under this section.
(g) an order authorizing the disclosure of an individual’s records may be applied for by any person having a legally recognized interest in the disclosure which is sought. The application may be filed separately or as part of a pending civil action in which it appears that the individual’s records are needed to prove evidence. And application must be use a fictitious name, such as John Doe or Jane Doe, to refer to any individual and may not contain or otherwise is closed any identifying information unless the individual is the applicant or has given a written consent to disclosure or the court has ordered the record of the proceedings sealed from public scrutiny.
(h) the individual and the person holding the records from whom disclosure is so must be given adequate notice in a manner which will not disclose identifying information do the person’s, and an opportunity to file a written response to the application, or to appear in person, for The Limited purpose of providing evidence on the statutory and Regulatory criteria for the issuance of the court order.
(i) any oral argument, review of evidence, or hearing on the application must be held in the judge’s Chambers or in some manner which ensures that identifying information is not disclosed to anyone other than a party to the proceeding, the individual, or the person holding the record, unless the individual request an open hearing. The preceding may include an examination by the judge of the records referred to in the application.
(j) a court May authorize the disclosure and use of records for the purpose of conducting and criminal investigation or prosecution of an individual only if the court finds that all of the following criteria are met:
1. The crime involved is extremely serious, such as one which causes or directly threatens loss of life or serious bodily injury, including but not limited to homicide, sexual assault, sexual battery, kidnapping, armed robbery, assault with a deadly weapon, and child abuse and neglect.
2. There is reasonable likelihood that the records will disclose information of substantial value in the investigation or prosecution.
3. Other ways of obtaining the information are not available or would not be effective.
4. The potential injury to the individual, to The Physician involved relationship, and to the ability of the program to provide services to the other individuals is outweighed by the public interest in Need for the disclosure.
8. RIGHT TO COUNSEL
each individual must be informed that he or she has the right to be represented by counsel and any involuntary proceeding for assessment, stabilization, or treatment and that he or she, or if the individual is a minor his or her parent, legal guardian, or legal custodian, they apply immediately to the court to have an attorney appointed if he or she cannot afford one.
9. RIGHT TO HABEAS CORPUS
got any time, and without notice, an individual and involuntarily retained by a provider, or the individual’s parents, Guardian, custodian, or attorney on behalf of the individual, May petition for a written of habeas corpus to question the cause and legality of such retention and request that the court issue a written for the individuals released.
10. LIABILITY AND IMMUNITY
(a) service provider Personnel who violate or abused any right or privilege of an individual under this chapter are liable for damages as determined by law.
(b) all persons acting in good faith, reasonably, and without negligence in connection with the preparation or execution of petitions, applications, certificates, or other documents or the apprehension, detention, discharge, examination, Transportation, or treatment of a person under the provisions of this chapter shall be free from all liability, civil or Criminal, by reason of such Acts.
Your Information. Your Rights. Our Responsibilities.
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.
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
- You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
- You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
- We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
- You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
- We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
- You can ask us not to use or share certain health information for treatment, payment, or our operations.
- We are not required to agree to your request, and we may say “no” if it would affect your care.
- If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer.
- We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
- You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
- We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
- You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
- If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
- We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
- You can complain if you feel we have violated your rights by contacting us using the information shared during each New Client Orientation or ask us how to do this.
- You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
- We will not retaliate against you for filing a complaint.
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
- Share information with your family, close friends, or others involved in your care
- Share information in a disaster relief situation
- Include your information in a hospital directory
- Contact you for fundraising efforts
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases, we never share your information unless you give us written permission:
- Marketing purposes
- Sale of your information
- Most sharing of psychotherapy notes
In the case of fundraising:
- We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
How do we typically use or share your health information? We typically use or share your health information in the following ways.
- We can use your health information and share it with other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Run our organization
- We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
- We can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information? We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes.
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Help with public health and safety issues
We can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect, or domestic violence
- Preventing or reducing a serious threat to anyone’s health or safety
- We can use or share your information for health research.
Comply with the law
- We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
- We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
- We can share health information with a coroner, medical examiner, or funeral director when an individual die.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
- For workers’ compensation claims
- For law enforcement purposes or with a law enforcement official
- With health oversight agencies for activities authorized by law
- For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
- We can share health information about you in response to a court or administrative order, or in response to a subpoena.
- We are required by law to maintain the privacy and security of your protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: