Family Service of the Chautauqua Region is dedicated to safeguarding the privacy and confidentiality of your personal and health information. This Privacy Policy outlines how we collect, use, disclose, and protect your information in compliance with the Health Insurance Portability and Accountability Act (HIPAA) and New York state laws, including section 33.13 of the Mental Hygiene Law.

1. Collection of Information

We collect personal and health information necessary to deliver mental health services, including but not limited to:

• Personal Identifiers: Name, address, date of birth, and contact details.
• Health Information: Medical and mental health history, treatment plans, and progress notes.
• Financial Information: Billing and insurance details to facilitate payment for services.
  This information is gathered through client interactions, online registration forms, and communications with other healthcare providers or insurers, as applicable.

2. Use and Disclosure of Information

We use and disclose your information for the following purposes:

• Treatment: To provide, coordinate, or manage your mental health care, such as sharing information with therapists or other providers involved in your care.
• Payment: To process payments, including billing insurance companies or determining eligibility for our sliding scale fee program.
• Health Care Operations: For activities like quality assessment, staff training, and administrative functions to improve our services.
   

Special Programs:

For clients in our Employee Assistance Program (EAP), we maintain strict confidentiality and do not share information with your employer without your written consent, except as required by law.

For clients in our school-based programs, we may share information with school staff and community partners to coordinate services, in accordance with applicable laws and regulations, such as obtaining appropriate consents.

We may disclose your information without authorization in specific situations, including:

• When required by federal or state law, such as reporting to public health authorities.
• To report suspected abuse, neglect, or domestic violence.
• In response to a court order or subpoena.
• To prevent a serious and imminent threat to health or safety.
  
  

Psychotherapy Notes: These receive additional protection under HIPAA. We will obtain your written authorization before disclosing psychotherapy notes, except in limited circumstances, such as for treatment by a supervising clinician or to comply with legal obligations.

3. Client Rights

Under HIPAA and New York state law, you have the following rights regarding your health information:

• Right to Access: You may request to view or obtain a copy of your health records, subject to certain limitations.
• Right to Amend: You may request corrections or updates to your health information if you believe it is inaccurate.
• Right to Accounting of Disclosures: You may request a list of certain disclosures we have made of your health information.
• Right to Request Restrictions: You may request limits on how we use or disclose your information, though we may not always be able to comply.
• Right to Confidential Communications: You may request that we communicate with you in a specific way or at a specific location (e.g., by email or at an alternate address).
• Right to a Paper Copy: You may request a paper copy of this Privacy Policy at any time.

4. Security Measures

We implement robust physical, electronic, and administrative safeguards to protect your health information from unauthorized access, use, or disclosure. These measures include secure storage systems, encrypted electronic records, and staff training on privacy practices.

5. Retention of Information

We retain your health information in accordance with New York state laws, which require retention for at least six years from the date of your last visit. For minor patients, records are retained until the patient reaches age 19 or for six years from the last visit, whichever is longer.

6. Complaints and Contact Information

If you believe your privacy rights have been violated, you may file a complaint with us or with the U.S. Department of Health and Human Services Office for Civil Rights. To file a complaint with us, please contact:

Family Service of the Chautauqua Region
332 East 4th Street
Jamestown, NY 14701
Telephone: 716.488.1971
Toll-Free: 888.358-3899
Email: familyservice@fscr.mygbiz.com

We will not retaliate against you for filing a complaint.

7. Special Considerations for Minors

Under New York’s Mental Hygiene Law, section 33.21, minors may receive certain mental health services without parental consent if a mental health practitioner determines that:

• The minor is knowingly and voluntarily seeking services.
• The services are clinically necessary for the minor’s well-being.
• Parental consent is not reasonably available, would be detrimental to treatment, or has been refused, and a physician deems treatment necessary.
   

In such cases, the minor’s privacy is protected, and information is not disclosed to parents or guardians without the minor’s consent, except as required by law. For minors receiving services with parental consent, parents or guardians generally have access to the minor’s health information, subject to applicable laws.

8. Special Considerations for Diverse Communities

Our Hispanic Outreach Program provides bilingual support to ensure accessibility for Spanish-speaking clients. This Privacy Policy is available in English and can be provided in Spanish or other languages upon request to accommodate our diverse community.

9. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our practices or legal requirements. Updates will be posted on our website at Family Service, and the revised policy will take effect on the date indicated.