Reprieve House Privacy Policy

It is the policy of Reprieve House to assure that the information in the Residents’ health records and any information pertaining to the identity of a Resident, the Resident’s diagnosis, prognosis, treatment, and condition are treated as confidential and disclosed only to authorized persons as stipulated by 42 Code of Federal Regulations, Part 2 governing the alcohol and drug abuse treatment records.

Reprieve House Resident’s records are also protected under standards for privacy of individual identifiable health information 45 Code of Federal Regulations Parts 160-164 (also referred to as HIPAA). When there is a conflict between the regulations, the most restrictive will be applied.

A “Consent and Authorization for Release of Information” form must be signed by the Resident indicating to whom Reprieve House is authorized to release information. The resident’s confidentiality will be maintained, and information will not be divulged without prior approval. The Resident may revoke consent at any time.

Prior to release, the Clinical Director or his/her designee must approve all authorized releases made by Reprieve House. When answering the telephone, Reprieve House staff will never confirm or deny a Resident is part of the program without express written consent of the Resident. In addition, the program assures confidentiality of closed files and their destruction, as outlined in the Resident files policy.

Federal and State Confidentiality Regulations authorize disclosure of information regarding the identity, diagnosis, prognosis, or treatment of alcohol and/or other drug program resident/Residents under specific guidelines. Reprieve House shall adhere to the regulations stipulated in the Code of Federal Regulations (Title 42, Section 2.1 through 2.67-1), the State of California Welfare and Institutions Code (Section 5326 through 5330) and other provisions.

Any information, recorded or not, related to a resident of Reprieve House is to be afforded full confidentiality as outlined in the above regulations.

Exceptions to confidentiality are as follows:

1. If information about suspected child/dependent adult/elderly abuse or neglect is reported.
2. If resident/Residents threaten to harm themselves or others.
3. If the Court orders that resident information be released.
4. If the resident provides written permission to release information.
5. Disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.

Violation of the Federal and State Laws and Regulations by a program is a crime. Suspected violations may be reported to the United States Attorney in the district where the violation occurs. Federal regulations allow information sharing among programs with Qualified Service Organization Agreements (QSOA’s), as follows:

1. All staff and volunteers shall sign an Oath of Confidentiality before they begin working with Reprieve House.
2. The Confidentiality Policy and the exceptions to confidentiality must be explained fully to resident/Residents at the time of intake.
3. Telephone Answering: Program staff properly trained to do so will answer the telephones. All staff shall be trained to not acknowledge whether a Resident is in the program. All inquiries regarding the Residents that are, or have been, or might be a potential resident/Resident in the program should be treated with complete confidentiality, the caller shall be respectfully informed that this information cannot be acknowledged either way and that if they would like to speak to another staff person, the call will be transferred.
4. Resident/Residents file access: Resident/Resident’s files will be maintained in a locked office and file cabinet, which can also be locked. Information maintained in computer is protected by password.
5. Release of information: Information regarding a resident/Resident may be shared to the extent that a release of information, signed by the resident/Resident permits.
6. No employee shall use or disclose privileged or confidential information gained in the course of work or by reason of his/her official position or activities.

Staff who fail to abide by Reprieve House’ program’s Confidentiality Policy are subject to termination of employment. Reprieve House has a lawful duty to safeguard confidential information concerning residents, alumni, staff members and agency business. Unauthorized accessing and/or disclosure of confidential information by agency employees are prohibited and may result in disciplinary sanctions.

Reprieve House acknowledges that prospective, current, and former residents and staff members have the right to privacy and protection against release of personal information to sources that have no legitimate need for such data. Reprieve House residents and staff members alike shall receive maximum protection against invasion of their privacy.