01Our Commitment to Privacy

ABA Therapy and Instruction, Corp. (the “Organization,” “we,” or “us”) respects your privacy. It is our policy to keep the operational activities and business affairs between the Organization and the persons we serve confidential to the greatest extent possible.

In accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, we are required by law to maintain the privacy of protected health information (PHI) about you, to notify you of your legal rights and our duties with respect to PHI, to notify affected individuals following a breach of unsecured PHI, and to follow the privacy practices described in this notice.

Protected Health Information means any information we create or receive that identifies you and relates to your health, the health care provided to you, or payment for that care.

02Your Rights

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 health record You may see and receive a copy of records used to make decisions about you, unless a clinical professional determines that the review would create a substantial risk of physical harm to you or another person. We will provide a copy or summary of your health information, usually within 30 days of your request, and may charge a reasonable, cost-based fee.
• Ask us to correct your health record If you believe your record contains an error or is incomplete, you may ask us to amend it. If we deny your request, you will be told why, and you may add a short statement to the record explaining why you believe it is inaccurate.
• Request confidential communications You may ask us to contact you in a specific way, or to send communications such as appointment reminders or bills to a specific address. We will accommodate all reasonable requests.
• Ask us to limit what we use or share You may request restrictions on how we use or disclose your information for particular purposes. We are not required to agree, but we will consider every request.
• Get a list of those with whom we have shared your information You may request an accounting of disclosures — a list of the times we shared your information for the six years prior to your request, who we shared it with, and why. We will provide one accounting per year free of charge.
• Get a copy of this privacy notice You may request a paper copy of this notice at any time, even if you have agreed to receive it electronically. We will provide one promptly.
• Choose someone to act for you A personal representative — including the parent or legal guardian of a minor, or a person with medical power of attorney — may exercise your rights and make choices about your health information. We will confirm that the person has this authority before acting.
• File a complaint if you feel your rights are violated You may file a complaint with the Organization, with your health plan or insurer, or with the U.S. Department of Health and Human Services. See the Complaints section below. We will not retaliate against you for filing a complaint.

03Your Choices

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 below, talk to us and we will follow your instructions.

You have both the right and the choice to tell us to share your information with family, close friends, or others involved in your care, or in a disaster relief situation. If you are an adult and ask us to keep your information confidential, we will respect your wishes. If you do not object, we may share information with family or friends involved in your care, as needed to help you.

If you are not able to tell us your preference — for example, in an emergency — we may share your information if we believe it is in your best interest, or when needed to lessen a serious and imminent threat to health or safety.

04Our Uses & Disclosures of Your Information

Your protected health information will be used and disclosed as necessary in order to provide quality services to you. We typically use or share your information in the following ways.

To treat you

Members of our staff — including behavior analysts, behavior assistants, and paraprofessionals — may see your clinical record. Information may also be provided to your health plan or another treatment provider to arrange a referral or clinical consultation, and we may use your information for appointment reminders.

To run our organization

We may use and disclose your information for our health care operations, such as quality assurance review, or so your health plan can confirm we meet national standards for quality of care.

To bill for your services

Your information will be used as needed to arrange payment for the services provided to you, including information about your diagnosis and the services delivered, submitted to your health insurance plan.

In an emergency

If there is an emergency, we will disclose your information as needed to enable people to care for you.

Other uses and disclosures permitted or required by law

In some circumstances we may be required by law to disclose protected health information without your written permission, including:

• To public health authorities, including for the prevention or control of disease.
• To health oversight and government agencies for activities authorized by law.
• To child protection agencies, to comply with state law requiring reports of suspected child abuse or neglect.
• Pursuant to a valid court order or other lawful legal process.
• To law enforcement officials in certain limited circumstances.
• To federal officials for lawful military or intelligence activities.
• To coroners, medical examiners, and funeral directors.
• To researchers involved in approved research projects.
• To address workers’ compensation, and as otherwise required by law.

Except for the circumstances above, written permission from you is necessary to disclose protected health information to a third party. If a request for disclosure is received, we will contact you to ask whether you authorize or refuse it. If you refuse, or if we cannot reach you, we will not disclose your information without a court order. You will never be asked to sign a non-specific release of information form.

05Substance Use Disorder Records

Certain records relating to the diagnosis, treatment, or referral for treatment of a substance use disorder may be protected by additional federal confidentiality laws (42 U.S.C. § 290dd-2 and 42 CFR Part 2). When these records apply to you, we will use and disclose them only as permitted by those laws, which in most cases require your specific written consent. You may revoke that consent at any time, except to the extent we have already acted in reliance on it.

06Our Responsibilities

• 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 by letting us know in writing.

It is our policy to obtain general written permission, through a Consent form, to use and disclose your information for treatment, payment, and health care operations. We obtain specific written permission, through an Authorization form, for every disclosure to third parties other than for payment. You may revoke a written Consent or Authorization at any time; the revocation will not affect any use or disclosure made before we received it.

07Changes to the Terms of This Notice

We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on this website. The effective date of the current notice appears at the top of this page.

08Complaints & How to Contact Us

You may contact us at any time with questions about our policies and procedures or your individual rights. If you believe your privacy rights have been violated or your health information has not been protected, you may file a complaint in writing using our Grievance Form.