This Notice applies to each of the legal entity affiliated with Family Solutions Network, Inc (“Turning Winds”).
The confidentiality of mental health and alcohol and drug abuse client records maintained by Turning Winds is protected by two federal laws: the Health Insurance Portability and Accountability Act of 1996 set forth at 42 U.S.C. § 132d et seq. as well as its implementing regulations at 45 C.F.R. Parts 160 & 164 (“HIPAA”), and the laws and regulations governing the confidentiality of substance use disorder patient records set forth at 42 U.S.C. § 290dd-2 and 42 C.F.R. Part 2 (“Part 2”). Turning Winds is a “covered entity” under HIPAA and a “Part 2 program” under Part 2.
Turning Winds is required by law to maintain the privacy of your health information and to provide you with notice of its legal duties and privacy practices with respect to your health information. Turning Winds is required by law to abide by the terms of this Notice. In general, Turning Winds may not acknowledge to a person outside the Part 2 program that you attend the program, nor disclose any information identifying you as having a substance use disorder or disclose any other protected information except as permitted or required by federal law, described below.
HIPAA and Part 2 permit us to use and disclose information without your written authorization in limited circumstances. For example, personnel having a need for health information in connection with their duties arising out of your care within our program and between or among our program and certain administrative entities under which we work may share your health information to coordinate care, evaluate quality, and improve our services. Federal law also permits Turning Winds to disclose information without your written consent as follows:
Generally, we may use or disclose your health information when you give your authorization to do so in writing on a form that meets the requirements of applicable laws and regulations. Any such written consent may be revoked by you in writing, except to the extent that Turning Winds has already made a disclosure in reliance on your consent. If you wish to revoke your consent, please contact Turning Winds’ Executive Officer using the contact information provided below. The following are some examples of common disclosures for which we must obtain your consent for external disclosures:
State laws regarding confidentiality of mental health and substance use disorder records and the rights of minors with respect to such information vary among states. Under Montana law, a minor who is sixteen (16) years of age or older, may consent for mental health services by a licensed physician, licensed mental health professional, or facility as defined by 53-21-102. If you are a minor and have consented to receive treatment from Turning Winds, Turning Winds will obtain your written consent to disclose information regarding your treatment to your parent/legal guardian or your health insurance company in order to obtain payment for your treatment.
Part 2 also permits Turning Winds to share information regarding your treatment with your parent or legal guardian if we determine that: (1) your situation poses a substantial threat to the life or physical wellbeing of you or another individual; (2) that this threat may be reduced by communicating relevant facts to your parent or legal guardian; and (3) that you lack the capacity because of extreme youth or a mental or physical condition to make a rational decision regarding whether to disclose information regarding your treatment with your parent or legal guardian.
You have certain rights with respect to your health information under HIPAA and Part 2, including the right to:
Turning Winds reserves the right to revise the terms of this Notice at any time. If we change this Notice, we may make the new Notice terms effective to all health information that we maintain, including any information created or received prior to issuing the new Notice. If we change this Notice, we will post the new Notice in public access areas at our service sites and on our Internet site at [www.turningwinds.com}. You may also obtain any new Notice by contacting our Executive Officer.
If you have questions about this Notice, desire further information about your privacy and confidentiality rights or would like to file a complaint you may contact Turning Winds’ Executive Officer at [406-295-5401} and info@turningwinds.com.
If you believe that your privacy rights have been violated, you also may file a written complaint with the Secretary of the United States Department of Health and Human Services. Upon request, we will provide you with the correct address and procedures for submitting a complaint. We will not retaliate against you if you file a complaint.
Violation of the federal law and regulations on Confidentiality of Substance Use Disorder Patient Records is a crime and suspected violations of 42 CFR Part 2 may be reported to the United States Attorney in the district where the violation occurs. Upon request, we will provide you with the appropriate agency contact information if you would like to report a violation.
Effective Date: This Notice became effective on May 13, 2025.
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