Notice of Privacy Practices

Updated: November 27, 2023

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

PLEASE REVIEW THIS NOTICE CAREFULLY.

Your health record contains “personal health information,” the confidentiality of which is protected by state and federal law. “Protected health information” (or PHI) is information that relates to your past, present or future physical and/or mental health and related healthcare services. PHI is information about you, including demographic information, which may identify you.

In addition, the confidentiality of alcohol and drug abuse patient records is specifically protected by Federal law and regulations. New Mexico Behavioral Healthcare   (“New Mexico Behavioral Healthcare”)is required to comply with these additional restrictions. This includes a) prohibition, with very few exceptions, on informing anyone outside the program that you attend the program and b) disclosing any information that identifies you as a patient of our facility. The violation of Federal laws or regulations by this program is illegal. If you suspect a violation you may file a report to the appropriate authorities in accordance with Federal regulations.

How We May Use and Disclose Health Information About You:
Listed below are examples of the uses and disclosures that New Mexico Behavioral Healthcare may make of your protected health information (“PHI”). These examples are not meant to be exhaustive. Rather, they describe types of uses and disclosures that may be made.

Sections:
Uses and Disclosures of PHI for Treatment, Payment and Health Care Operations
Other Uses and Disclosures That Do Not Require Your Authorization
Uses and Disclosures of PHI with Your Written Authorization
Your Rights Regarding Your PHI

If you have any questions about this Notice of Privacy Practices, or if you believe your privacy rights have been violated and you would like to file a complaint, please contact our Privacy Officer:

Anthony Walters
New Mexico Behavioral Healthcare 
E-mail: (501) 732-9505

New Mexico Behavioral Healthcare will not retaliate against you for filing a complaint. You may also file a complaint with the U.S. Secretary of Health and Human Services as follows:

200 Independence Avenue, S.W.
Washington, D.C. 20201
(202) 619-0257

Uses and Disclosures of PHI for Treatment, Payment and Health Care Operations

Treatment: Your PHI may be used and disclosed by your physician, counselor, program staff, and others outside of our programs that are involved in your care. Medical staff can use and disclose your PHI for the purpose of providing, coordinating, or managing your health care treatment and any related services. This includes coordinating or managing your health care with a third party, consulting with other health care providers, or referrals to another provider for health care treatment.

For example, your protected health information may be provided to the state agency that referred you to our program to ensure that you are participating in treatment. In addition, we may disclose your protected health information from time-to-time to another physician or health care provider (e.g., a specialist or laboratory) who, at the request of the program, becomes involved in your care.

Payment: We will not use your PHI to obtain payment for your health care services without your authorization. Examples of payment-related activities are: making a determination of eligibility or coverage for insurance benefits, processing claims with your insurance company, reviewing services provided to you to determine medical necessity, or undertaking utilization review activities.

Healthcare Operations: We may use or disclose, as needed, your PHI in order to support the business activities of our program including, but not limited to:, quality assessment activities, employee review activities, training students, licensing, and conducting or arranging for other business activities.

For example, we may use a sign-in sheet at the registration desk where you will be asked to sign your name and indicate your physician or counselor. We may also call you by name in the waiting room when it is time to be seen. We may share your PHI with third parties that perform various business activities (e.g., billing or typing services) for New Mexico Behavioral Healthcare, provided we have a written contract with the business that prohibits it from re-disclosing your PHI and requires it to safeguard the privacy of your PHI.

We may contact you to remind you of your appointments as well as to provide information to you about treatment alternatives or other health-related benefits/services that may be of interest to you.

In our facility, care and services are provided to you by our facility staff as well as by other health care providers, such as physicians. Although these other providers are independent, they cooperate to provide an integrated system of care to you. We may share your health information with participants in organized health care arrangements to carry out treatment, payment, or health care operations.

Other Uses and Disclosures That Do Not Require Your Authorization

Required by Law: We may use or disclose your PHI to the extent of which is required by law and made in compliance with the law; use and disclosure of your PHI is limited to only the relevant requirements of the law. You will be notified, as required by law, of any such uses or disclosures. Under the law, we must make disclosures of your PHI to you upon your request. In addition, we must make disclosures to the Secretary of the Department of Health and Human Services for the purpose of investigating or determining our compliance with the requirements of the Privacy Rule.

Health Oversight: We may disclose PHI to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies and organizations that provide financial assistance to the program (such as third-party payers) and peer review organizations performing utilization and quality control. If we disclose PHI to a health oversight agency, we will have an agreement in place that requires the agency to safeguard the privacy of your information.

Medical Emergencies: We may use or disclose your protected health information in a medical emergency situation to medical personnel only. Our staff will try to provide you with a copy of this notice as soon as reasonably practicable after the resolution of the emergency.

Child Abuse or Neglect: We may disclose your PHI to a state or local agency that is authorized by law to receive reports of child abuse or neglect. However, the information we disclose is limited to only that information which is necessary to make the initial mandated report.

Deceased Patients: We may disclose PHI regarding deceased patients to family members and others who are involved in the care, or payment for care, of the decedent prior to death. PHI may also be disclosed for the purpose of determining the cause of death, in connection with laws requiring the collection of death or other vital statistics, or permitting inquiry into the cause of death. We may disclose PHI with respect to persons who have been dead for more than fifty years.

Student Immunizations: We may disclose proof of immunization to a school if such information is required for admission of the student to the school, but will obtain the agreement of the student’s parent/guardian or the person acting in loco parentis, or from a n emancipated minor student, prior to any such disclosure.

Research: We may disclose PHI to researchers if (a) an Institutional Review Board reviews and approves the research and a waiver to the authorization requirement; (b) the researchers establish protocols to ensure the privacy of your PHI; (c) the researchers agree to maintain the security of your PHI in accordance with applicable laws and regulations; and (d) the researchers agree not to re-disclose your protected health information except back to New Mexico Behavioral Healthcare.

Criminal Activity on Program Premises/Against Program Personnel: We may disclose your PHI to law enforcement officials if you have committed a crime on program premises or against program personnel.

Court Order: We may disclose your PHI if the court issues an appropriate order and follows required procedures.

Uses and Disclosures of PHI with Your Written Authorization

Other uses and disclosures of your PHI not described in this Notice of Privacy Practices will be made only with your written authorization, such as most uses and disclosures of psychotherapy notes, uses and disclosures of your PHI for marketing purposes, and disclosures that constitute a sale of PHI. You may revoke this authorization at any time, unless the program or its staff has taken an action in reliance on the authorization of the use or disclosure you permitted.

Your Rights Regarding Your PHI

You have the following rights regarding PHI we maintain about you:

Right of Access to Inspect and Copy: You have the right, which may be restricted in certain circumstances, to inspect and copy PHI that may be used to make decisions about your care. We may charge a reasonable, cost-based fee for copies, whether in paper or electronic form.

Right to Amend: If you feel that the PHI we have about you is incorrect or incomplete, you may ask us to amend the information. However, we are not required to agree to the amendment.

Right to an Accounting of Disclosures: You have the right to request an accounting of the disclosures that we make of your PHI.

Right to be Notified of a Breach: You have the right to be notified in the event there is a breach of your unsecured PHI.

Right to Request Restrictions: You have the right to request a restriction or limitation on the use of your PHI for treatment, payment, or health care operations. We are not required to agree to your request, except for a restriction on disclosing PHI to a health plan that pertains solely to a health care item or service for which you have paid the health care provider out of pocket in full and the disclosure is not required by law.

Right to Request Confidential Communication: You have the right to request that we communicate with you about medical matters in a certain way or at a certain location.

Right to a Copy of this Notice: You have the right to a copy of this notice.

Right to File Complaints: You have the right to file a complaint in writing to New Mexico Behavioral Healthcare Administration or to the Secretary of Health and Human Services if you believe we have violated your privacy rights. We will not retaliate against you for filing a complaint.

Anthony Walters
New Mexico Behavioral Healthcare 
E-mail: (501) 732-9505

U.S. Secretary of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
(202) 619-0257