Notice of Privacy Practices

This notice explains how Imperial Valley Care CMHC may use and share your protected health information (PHI). It also explains your privacy rights and the program’s duties. PHI is information that can identify you and relates to your health, treatment, or payment for care. It may include your assessments, diagnosis, treatment plan, medications, therapy and progress notes, attendance, care coordination, claims, payment information, and telehealth records.

This notice applies to all of Imperial Valley Care CMHC staff, clinicians, contracted staff, and volunteers who provide services, and the records we create or maintain for those services.

This notice is available to anyone who asks for it. The current notice is posted on the website and in a clear location at each service site. Paper copies are available to take with you.

The notice is provided no later than your first service. Except in an emergency, a good-faith effort is made to obtain your written acknowledgment that you received the notice. If Imperial Valley Care CMHC cannot obtain it, the program’s effort and the reason will be documented.

Signing an acknowledgment only confirms that you received the notice. It does not authorize a use or disclosure, waive a right, or change the care available to you.

Your rights

You have the following rights. Contact the Administrator to ask how to use them.

See or get a copy of your record. You may ask to see or receive an electronic or paper copy of your medical record and other health information Imperial Valley Care CMHC has about you. Under California law, you are generally permitted inspection during business hours within five working days and transmission of requested copies within 15 days, unless a lawful exception applies. If access is denied, an explanation as to why will be provided in writing, which will also tell you whether the denial may be reviewed.

Ask us to correct your record. You may ask Imperial Valley Care CMHC to correct information you believe is incorrect or incomplete. This request may be denied, but you will receive an explanation as to why in writing, usually within 60 days.

Ask for confidential contact. You may ask Imperial Valley Care CMHC to contact you in a specific way or at a different address. The program will agree to reasonable requests.

Ask us to limit what is used or shared. You may ask Imperial Valley Care CMHC not to use or share certain information for treatment, payment, or health care operations. This request may not be accommodated if the restriction could affect your care or the program’s ability to provide services. If this request is met, the restriction will be followed except when the information is needed for emergency treatment or the law requires disclosure.

Limit information sent to your health plan. If you pay in full out of pocket for a service or item, you may ask Imperial Valley Care CMHC not to share information about it with your health plan for payment or health care operations. This request will be granted unless the law requires that the information is shared.

Get a list of certain disclosures. You may ask for an accounting of certain disclosures made during the six years before your request. The list does not include every disclosure. For example, it usually does not include disclosures for treatment, payment, health care operations, disclosures made to you, or disclosures you authorized.

Get a paper copy of this notice. You may ask for a paper copy at any time, even if you agreed to receive it electronically. We will provide it promptly.

Choose someone to act for you. A personal representative with legal authority, such as an agent under a valid health care power of attorney or a legal guardian, may exercise your rights. Imperial Valley Care CMHC will verify the person's authority before taking action.

File a complaint. You may complain to the Administrator of Imperial Valley Care CMHC or to the U.S. Department of Health and Human Services Office for Civil Rights if you believe your privacy rights were violated. You may use the program’s grievance process or contact the California Department of Public Health for a complaint about care, safety, client rights, or CMHC program compliance. Imperial Valley Care CMHC will not retaliate or reduce your services because you filed a complaint or used a privacy right.

Your choices

In the situations below, Imperial Valley Care CMHC will follow your instructions when the law allows.

Family and others involved in your care. You may tell Imperial Valley Care CMHC whether information related to your care or payment may be shared with a family member, close friend, caregiver, or another person involved in your care.

Disaster relief. You may tell Imperial Valley Care CMHC whether information may be shared with a disaster relief organization to help notify family or others about your location or condition.

If you cannot tell Imperial Valley Care CMHC your preference, such as during an emergency, relevant information may be shared if it is believed to be in your best interest and the law allows it. The information may also be shared when needed to prevent or reduce a serious and imminent threat to health or safety.

Written permission

Imperial Valley Care CMHC generally needs your written authorization before using or sharing PHI for marketing, selling your PHI, or using or sharing most psychotherapy notes kept separately from your medical record. Imperial Valley Care CMHC also needs your authorization for uses and disclosures not described in this notice unless the law permits or requires them.

You may revoke an authorization in writing at any time. Your revocation will not affect actions already taken based on the authorization.

Fundraising

If Imperial Valley Care CMHC contacts you for fundraising, you may request not to be contacted again. If Imperial Valley Care CMHC proposes using records protected by 42 CFR Part 2 for fundraising, you will be given a clear notice first and a chance to opt out.

How your information is used and shared

HIPAA allows the program to use and share PHI for treatment, payment, and health care operations without a separate authorization. A stricter law may limit what can be shared.

Treatment

Imperial Valley Care CMHC may use and share your information with professionals who provide or coordinate your care. This may include psychiatrists, therapists, nurses, case managers, pharmacists, laboratories, hospitals, emergency services, and other treating providers.

Example. Your therapist may discuss your symptoms, safety plan, medications, and discharge needs with the PHP or IOP treatment team so the team can coordinate your care.

Payment

Imperial Valley Care CMHC may use and share your information to confirm coverage, obtain authorization, show medical necessity, bill for services, and collect payment from you, a health plan, or another payer.

Example. Your diagnosis, service dates, level of care, and a clinical summary may be sent to your health plan so it can authorize or pay for services.

Health care operations

Imperial Valley Care CMHC may use and share your information to run the program and improve care. This includes quality review, care coordination, staff training and supervision, licensing, accreditation, audits, compliance, patient safety, and business planning.

Example. A clinical supervisor may review a record to check documentation quality and improve services.

Other routine activities

Imperial Valley Care CMHC may use your contact information for appointment reminders, follow-up, care coordination, treatment options, and information about health-related services. We may share PHI with vendors that assist with billing, records systems, secure messaging, legal services, audits, or record destruction. When required, these vendors must sign agreements to protect your information.

Other uses and disclosures allowed or required by law

Imperial Valley Care CMHC may use or share PHI for the purposes below when the legal requirements are met. A stricter mental health or substance use disorder confidentiality law may limit a disclosure.

Public health and safety. This includes preventing disease, reporting medication reactions or product problems, helping with recalls, reporting suspected abuse, neglect, or domestic violence, and preventing or reducing a serious threat to health or safety.

Health oversight. Your information may be used or shared for audits, inspections, investigations, licensing, accreditation, and other oversight activities authorized by law.

Research. Your information may be used or shared for health research when the required privacy protections are in place or you have given written authorization.

Compliance with law. Your information will be shared when federal or state law requires it, including with HHS when it asks to see whether we comply with federal privacy law.

Workers compensation. Your information may be shared as allowed by workers compensation or similar laws.

Law enforcement and government requests. Your information may be shared for limited law enforcement purposes, health oversight, military or national security activities, correctional institution health care, and other government functions when the law allows.

Legal proceedings. Your information may be shared in response to a court or administrative order and, in some cases, a subpoena or other lawful process after required protections are met.

After death. Your information may be shared with a coroner, medical examiner, funeral director, or organ procurement organization as allowed by law.

Behavioral health and substance use disorder records

Mental health information

California law gives mental health records greater protection than general medical records. Imperial Valley Care CMHC will not share your mental health treatment information without your written permission unless California law permits or requires the disclosure, such as for treatment, an emergency, mandatory reporting, a court order, or another allowed purpose.

Most uses and disclosures of psychotherapy notes require your written authorization. Psychotherapy notes are notes about counseling conversations that a mental health professional keeps separate from the rest of the medical record.

Records protected by 42 CFR Part 2

If Imperial Valley Care CMHC creates, receives, or maintains substance use disorder patient records protected by 42 CFR Part 2, those records will not be used or shared, or testimony describing them, in a civil, criminal, administrative, or legislative investigation or proceeding against you unless you give written consent or there is a Part 2 court order and a subpoena. The court process must give you or the record holder notice and an opportunity to be heard.

Imperial Valley Care CMHC responsibilities

Protect your information. Imperial Valley Care CMHC is required by law to maintain the privacy and security of your PHI and to use reasonable safeguards.

Notify you after certain breaches. You will be notified as required if a breach of unsecured PHI may have compromised your information.

Give you this notice and follow it. Imperial Valley Care CMHC must explain the program’s legal duties and privacy practices and follow the notice currently in effect.

Get permission when required. PHI will not be used or shared for a purpose not described in this notice unless you authorize it in writing or the law permits or requires it.

Changes to this notice

We may change this notice and make the new terms apply to all PHI we maintain, including information created or received before the change. If we make a material change, we will revise the notice promptly. The current notice will be available on our website, at our service locations, and upon request. The effective date at the beginning shows when the current notice took effect.

Questions and complaints

Contact the Administrator to ask a question, request a copy, exercise a right, or file a complaint by mail, telephone, or email using the information below.

Administrator

Mailing address: 200 E 4th Street, Calexico, CA 92231

Telephone: (747) 836‑7646

Email: imperialvalleycarecmhc@gmail.com

HIPAA privacy complaints

You may also file a privacy complaint with the U.S. Department of Health and Human Services Office for Civil Rights. Write to 200 Independence Avenue, S.W., Washington, D.C. 20201, or call 1‑877‑696‑6775.

CMHC care and program complaints

For a complaint about care, safety, mistreatment, client rights, or CMHC program compliance, you may file online through Cal Health Find or contact the CDPH Los Angeles District Office at 1‑800‑228‑1019 or CDPH-LNC-LOSANGELES@cdph.ca.gov. This is separate from a HIPAA privacy complaint. You may contact CDPH without first filing a grievance with us.

Imperial Valley Care CMHC will not retaliate against you for filing a complaint with us, HHS, CDPH, or another agency authorized by law.