BEST CARE EMPLOYEE ASSISTANCE PROGRAMS

THIS NOTICE DESCRIBES HOW COUNSELING INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice applies to the following programs that are affiliated as part of Best Care Employee Assistance Programs (Best Care EAP) and share similar information practices:

Privacy Officer (402) 354-8003

Your Rights

Although your client record belongs to Best Care EAP, you do have certain rights with regard to your counseling information.  

• You have a right to expect that your counseling information will be kept secure and used only for legitimate purposes.
• You have a right to understand how your counseling information may be used and disclosed.
• You have a right to receive this privacy notice that tells you how your counseling information may be used or disclosed.
• You have a right to ask questions about any privacy issue and have those questions clearly and promptly answered.
• You have a right to know who has seen your counseling information, and for what purpose. If you make additional requests for such an accounting during any 12-month period, we may charge you a reasonable, cost-based fee.
• You have a right to see, and to keep a copy of, all of your counseling records (except psychotherapy notes). Your request for a copy of your record must be in writing. We may charge you a reasonable, cost-based, copying or labor fee.
• You have a right to ask for correction of anything in your records that you feel is in error.  You also have the right to request that a statement of disagreement be included in your record.  Your request must be in writing and include supporting documentation.
• You have a right to authorize or refuse additional uses of your counseling information, such as for fundraising, marketing, or research.
• You have a right to request extra protections for counseling information you consider especially sensitive, and to request that we communicate with you by alternative means.

Our Responsibilities

We also have certain responsibilities. These include:

• Maintaining the privacy of your counseling record;
• Providing you with a copy of this Notice;
• Abiding by the terms of this Notice;
• Notifying you if we are unable to agree to a requested amendment or restriction; and
• Accommodating reasonable requests you may have to communicate counseling information by alternative means or at alternative locations.

We may revise this notice as our information practices change.  Any revision will be effective for all information in the record, regardless of whether it was gathered before or after the change took effect.  However, before we change our practices, a copy of our new notice will be posted at all Best Care EAP offices and on our web site. The effective date of our Notice will always appear at the end of the Notice.

We will not use or disclose your counseling information without your authorization, except as described in this Notice.

Affiliate Providers: Some services of our program are provided through contractual arrangements with affiliate providers. These include counseling, training, consultation, coaching, and other related services. When services are provided by an affiliate, we may exchange your information with each other so that we can provide the services that we have been asked to provide and they can bill us for those services. Our affiliate providers must use appropriate safeguards to protect your counseling information.

Business Associates:  Some services of our organization are provided through contractual arrangements with business associates. These may include transcription and data management. When services are provided by a business associate, we may disclose your health information to our business associate so that they can perform the job we have asked them to do. In addition, we may disclose your counseling information to accrediting agencies and certain outside consultants.  Our business associate must use appropriate safeguards to protect your health information.

Public Health: When required or permitted by law, we may disclose your counseling information to public health or legal authorities responsible for preventing or controlling disease, injury, or disability or performing other public health functions. In addition, we may disclose your counseling information in order to avert a serious threat to health or safety.

Specialized governmental functions: We may disclose your counseling information for military and veterans activities, national security and intelligence activities, and similar special governmental functions as required or permitted by law.

Law enforcement: We may disclose your counseling information for law enforcement purposes as required or permitted by law or in response to a valid subpoena, court order or other binding authority.

Disclosures required by law: We may use or disclose your counseling information as required by law provided such use or disclosure complies with and is limited to the relevant requirements of such law.

Judicial and Administrative Proceedings: We may disclose your counseling information for judicial or administrative proceedings as required or permitted by law or in response to a valid subpoena, court order or other binding authority.

If you have questions or would like additional information, you may contact the Best Care EAP's Privacy Officer or Director of Health Information Management. If you believe your privacy rights have been violated, you can file a complaint with the Privacy Officer, at the phone number listed at the beginning of this Notice, with the Methodist Health System Director of Health Information Management at (402) 354-2174, or with the Office of Civil Rights.  We will not retaliate against you for filing a complaint.

Effective Date: December 1, 2009