Confidentiality of Alcohol and Drug Abuse Records
Federal law and regulations protect the confidentiality of alcohol and drug abuse client records maintained by Tara Treatment Center, Inc. Generally, Tara may not say to a person outside the program that a client attends the program, or disclose any information identifying the client as an alcohol or drug abuser unless:
- The client consents in writing
- The disclosure is allowed by a court order
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for supervision or program evaluation
- The client commits or threatens to commit a crime either at the program or against any person who works for the program
- In the case of communicable disease reporting
- In the case of child abuse or neglect or elder abuse reporting
- In the case of harm or injury to self or others
- In the case of third-party payers
- An investigation relating to the patient’s death
Violation of federal law 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.
Written consent for Release of Information (ROI)
A written consent to a disclosure under the regulations in this part may be paper or electronic and must include:
- The name of the patient.
- The specific name(s) or general designation(s) of the part 2 program(s), entity(ies), or individual(s) permitted to make the disclosure.
- How much and what kind of information is to be disclosed, including an explicit description of the substance use disorder information that may be disclosed.
- (i) General requirement for designating recipients. The name(s) of the individual(s) or the name(s) of the entity(-ies) to which a disclosure is to be made.
(ii) Special instructions for entities that facilitate the exchange of health information and research institutions. Notwithstanding paragraph (a)(4)(i) of this section, if the recipient entity facilitates the exchange of health information or is a research institution, a written consent must include the name(s) of the entity(-ies) and
(A) The name(s) of individual or entity participant(s); or
(B) A general designation of an individual or entity participant(s) or class of participants that must be limited to a participant(s) who has a treating provider relationship with the patient whose information is being disclosed. When using a general designation, a statement must be included on the consent form that the patient (or other individual authorized to sign in lieu of the patient), confirms their understanding that, upon their request and consistent with this part, they must be provided a list of entities to which their information has been disclosed pursuant to the general designation (see § 2.13(d)).
- The purpose of the disclosure. In accordance with § 2.13(a), the disclosure must be limited to that information which is necessary to carry out the stated purpose.
- A statement that the consent is subject to revocation at any time except to the extent that the part 2 program or other lawful holder of patient identifying information that is permitted to make the disclosure has already acted in reliance on it. Acting in reliance includes the provision of treatment services in reliance on a valid consent to disclose information to a third-party payer.
- The date, event, or condition upon which the consent will expire if not revoked before. This date, event, or condition must ensure that the consent will last no longer than reasonably necessary to serve the purpose for which it is provided.
- The signature of the patient and, when required for a patient who is a minor, the signature of an individual authorized to give consent under § 2.14; or, when required for a patient who is incompetent or deceased, the signature of an individual authorized to sign under § 2.15. Electronic signatures are permitted to the extent that they are not prohibited by any applicable law.
- 9. The date on which the consent is signed.
(b) Expired, deficient, or false consent. A disclosure may not be made on the basis of a consent which:
(1) Has expired;
(2) On its face substantially fails to conform to any of the requirements set forth in paragraph (a) of this section;
(3) Is known to have been revoked; or
(4) Is known, or through reasonable diligence could be known, by the individual or entity holding the records to be materially false.
Client Rights and Responsibilities
Tara Treatment Center, Inc. provides all clients and if applicable their legal representative with the following information about their rights, consistent with applicable state laws:
Rights of all clients:
- To be informed of his or her rights at a time when he or she is able to understand
- To be treated with dignity and respect
- To have his or her cultural and personal values, beliefs, and preferences respected
- To be free from discrimination based on age, race, ethnicity, religion, culture, language, physical or mental disability, socioeconomic status, sex, sexual orientation, and gender identity or expression
- To receive personal privacy and privacy of heath information
- To access, request amendments to, and obtain information on disclosures of health information, according to law and regulation
- To be informed of program rules
- To receive effective communication
- To receive information in a manner that is understandable and tailored to the individual’s age, language, and ability to understand
- To receive information in a manner that meets the individual’s needs, when he or she is impaired by vision, speech, or hearing or has cognitive impairments
- To be involved in making decisions about care, treatment, or services
- To refuse care, treatment, or services and to receive information about this in writing
- To have a surrogate decision-maker if the individual served is unable to make decisions on his or her own. The surrogate decision-maker has the right to refuse care, treatment, or services on the behalf of the individual served
- To have family involved in decision making with regard to care, treatment, or services (when individual served is a competent adult, the individual must consent to family involvement)
- To request the opinion of a consultant
- To request an internal review of his or her plan of care, treatment, or services
- To receive information about the outcomes of the individual’s care, treatment, or services that is needed to participate in current and future decision making
- To be informed about anticipated outcomes of care, treatment, or services that relate to sentinel events
- To give or withhold informed consent to applicable care, treatment, or services, according to established organization policies
- To give or withhold informed consent to produce or use recordings, films, or other images for purposes other than the individual’s care, treatment, or services
- To receive relevant information when deciding whether or not to participate in research, investigation, or trials, including the following:
- Explanation of the purpose of the research
- Expected duration of participation
- Clear description of the procedures involved in the research
- Statement of the potential benefits, risks, discomforts, and side effects
- Alternative care, treatment, or services available to the individual served that might prove advantageous
- To receive information about the individual(s) responsible for and providing care, treatment, or services to the individual served
- To be free from neglect and exploitation, as well as from verbal, mental, physical, and sexual abuse
- To have an environment that preserves dignity and contributes to positive self-image
- To keep and use personal clothing and possessions, unless therapeutically contraindicated or when doing so infringes on others’ rights
- If applicable, to receive clothing from the organization that is suitable to the season, age-appropriate, and socially appropriate and that permits laundering, cleaning, and repair
- To have an environment that minimizes distractions that interfere with therapeutic activities
- To have complaints acknowledged, reviewed, and (when possible) resolved by the organization and to receive information about the outcome of the complaint
- To receive information necessary to file a complaint with relevant state authorities
- To access protective and advocacy services
Additional rights of clients in the residential and detoxification programs:
- To access pastoral and other spiritual services
- To receive information about organization policies and procedures regarding handling of medical emergencies
- To have an environment that promotes awareness of day, time, and season
- To use personal displays (such as photographs) supported through the provision of necessary equipment (for example, bulletin boards) and written rules to govern their use
- To be involved in, along with the individual’s family (if deemed beneficial), the determination of any applicable restrictions to visitors, mail, telephone calls, social media, or other communication
- To have communication restrictions reduced or eliminated when no longer therapeutically indicated
- To have privacy when dressing in rooms with more than one individual served
- To have safe, private, and secure sleeping areas
- To exercise citizenship privileges, including, but not limited to, voting privileges
Responsibilities of clients in all programs include:
- Demonstrate active and earnest participation in developing the plan for care, treatment, and services
- Follow rules established by the program and staff
- Maintain behavior/conduct that assures the safety, comfort, and well-being of all persons
- Participate in all program services including compliance with medical protocol, group education programs, counseling services, self-help meetings, and recreational and social activities
- Pay for services, if applicable, which may be based on a sliding fee schedule in accordance with the financial expectations discussed prior to being scheduled for assessment or admission
A written copy of the client's rights and responsibilities will be provided to the client and, if requested, their family at the time of admission. The client will be encouraged to read the explanation of rights and staff will answer any related questions.
Client Privacy- Health Insurance Portability and Accountability Act
- Treatment, payment and healthcare operations
- Treatment: With proper consent the client’s protected alcohol and drug treatment and/or health information may be released to other healthcare professionals to provide and coordinate their healthcare and any related services. For example, their lab results may be provided to their physician to obtain orders for their medication or in the event they need emergency care
- Payment: Their protected alcohol and drug treatment and/or health information may be released to their health plan or health insurer so we may receive payment for providing them with needed healthcare services
- Healthcare Operations: Their protected alcohol and drug treatment and/or health information can be released in accordance with the business activities of Tara, which include certain administrative, financial, legal and performance improvement activities
- Tara may share their protected alcohol and drug treatment and/or health information to third party business associates if we have a written agreement that requires them to maintain the privacy of their PHI consistent with this notice
- Tara may contact the client to schedule or remind them of appointments or deliveries, and provide them with information about healthcare treatment options that may be of interest to them
- Written authorization required: Unless the disclosure is otherwise permitted or required by law, Tara will ask for their written authorization or verbal authorization written in the record, or permission from their legal representative to disclose their protected alcohol and drug treatment and/or health information. For example, we require their written authorization to disclose their protected alcohol and drug treatment and/or health information for marketing purposes and for disclosures of psychotherapy notes. The clients have the right to revoke such authorization in writing, at any time, except when Tara has acted in reliance on the authorization. The client should understand that we will not be able to take back any disclosures we have already made with their authorization
Uses and disclosures requiring consent – Tara may disclose their protected alcohol and drug treatment and/or health information with their written consent to a member of their family, a relative, a close friend or any other person they identify.
Permitted and required uses and disclosures without authorization or opportunity to object – Tara may use or disclose their protected alcohol and drug treatment and/or health information without their written authorization or opportunity to object, where permitted or required by law as described in this section:
- Required by Law: Their protected alcohol and drug treatment and/or health information may be used or released as required by federal law
- Health Oversight: Health information may be released to a health oversight agency for activities authorized by law. These activities may include audits, investigations and inspections. Oversight agencies seeking this information include government agencies that oversee the healthcare system, government benefit programs, other government regulatory program and civil rights laws
- Legal Proceedings: Information may be released if authorized by a special subpoena and must be accompanied by an authorizing court order. 42 CFR 2-2.61
- Law Enforcement: Information may be released, when applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include: (1) legal processes and otherwise required by law (2) In the event that a crime occurs on our premises
- Criminal Activity: Consistent with applicable federal and state laws, we may release their protected alcohol and drug treatment and/or health information if we believe that the use or disclosure is necessary to prevent or lessen a serious or imminent threat to the health or safety of a person or the public
- Suspected Abuse/Exploitation: If the staff receives information indicating a person(s) are currently at risk for abuse, neglect, or exploitation a report will be made to the appropriate authorities. Indiana Child Abuse and Neglect hotline 1-800-800-5556; Indiana adult protective services hotline 1-800-992-6978. CEO is notified immediately of all cases involving abuse, neglect, and/or exploitation
The following is a statement of their rights with respect to their protected alcohol and drug treatment and/or health information and a brief description of how they may exercise these rights:
- Restriction on Use and Disclosure: They have the right to request a restriction or limitation on release of protected alcohol and drug treatment and/or health information. While we will consider their request, we are not required to agree to it. To request a restriction, the client must complete Tara’s Release of Restriction of Client Information Consent Form. We will not agree to restrictions on protected alcohol and drug treatment and/or health information uses and disclosures that are legally required or which are necessary to administer our business—or if needed to provided emergency treatment. The restrictions of this section continue to apply to records concerning any individual who has been a client, irrespective of whether or when they cease to be a client 42 CFR 2-2.22(d)
- Review of Medical Record: They have the right to inspect and copy their protected alcohol and drug treatment and/or health information. Tara has 30 days to comply with the request. They must submit their request in writing to Tara’s Administration. To receive a copy of their protected alcohol and drug treatment and/or health information they may be charged a fee for the costs of copying, mailing or other supplies associated with their request. Under federal law, certain types of protected alcohol and drug treatment and/or health information will not be made available for inspection or copying, including (1) psychotherapy notes; (2) information compiled in anticipation of a civil, criminal, or administrative action or proceeding; and (3) protected alcohol and drug treatment and/or health information that may be prohibited from access by law. In very limited circumstances we may deny their request to inspect and obtain a copy of their protected alcohol and drug treatment and/or health information. If we do, they may request that the denial be reviewed. The review will be conducted by an individual chosen by us who was not involved in the original decision to deny their request. We will comply with the outcome of that review
- Changes to Medical Record: The client has the right to request changes to their medical record as long as we maintain the information. They must provide their request and the reason for their request in writing, submitted to Tara’s administration. In certain cases, we may deny their request for a change. If we deny their request for a change, they have the right to file a statement of disagreement with us. We may prepare a rebuttal to their statement and we will provide them with a copy of any rebuttal
- List of Disclosures: The client has the right to request a list of the disclosures we have made of their protected alcohol and drug treatment and/or health information and the purposes of the disclosures: This right excludes disclosures made: (1) for treatment, payment of alcohol and drug treatment and healthcare operations; (2) to them; (3) to family members or friends involved in their care; (4) or for notification purposes. They have the right to receive information about disclosures that occurred after April 14, 2003. The right to receive this information is subject to certain exceptions, restrictions and limitations. To request this list, they must submit their request in writing to Tara’s Administration. We will notify them of the cost involved and they may choose to withdraw or modify their request at that time before any costs are incurred
- Copy of Notice: They have the right to obtain a paper copy of this Notice from us, upon request, even if they have agreed to accept this Notice electronically.
- Compliance with Notice: Tara agrees to the terms of this notice. We reserve the right to make a revised or changed notice effective for protected alcohol and drug treatment and/or health information. Upon request, they will receive a revised copy of this notice
Complaints or Questions
Clients have the right to complain to Tara Treatment Center, Inc. or the Secretary of the Department of Health and Human Services if they believe we have violated their right to privacy. All complaints will be investigated. The client will not be penalized for filing a complaint. Please direct their complaint or questions to us at:
Tara Treatment Center, Inc.
6231 South US 31
Franklin, Indiana 46131
Attention: Chief Executive Officer
Secretary of Department of Health and Human Services
20 Independence Avenue SW
Washington, DC 20201
If the client believes the facility is not complying with a requirement of the Privacy Rule, they may file a written complaint with the secretary of the Federal Department of Health and Human Services, Office of Civil Right. Please refer to www.hhs.gov/ocr/hipaa/.
Provision of Personal Advocate
All clients will be asked if they wish to designate a personal advocate or have one appointed for them by Tara Treatment Center, Inc. during the biopsychosocial assessment. If they answer yes, staff will obtain a consent for release of information to the Indiana Protection and Advocacy Services agency. The assigned case manager or primary counselor will assist the client in making contact and arranging advocacy services.
Deidre McCartney, MBA
Tara Treatment Center, INC.
6231 S US Highway 31
Franklin, IN 46131
Phone: 812-526-2611 ext. 117
When accessing the website, Tara will learn certain information about you during your visit.
Similar to other commercial websites, our website utilizes a standard technology called “cookies” (see explanation below) and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site”s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser”s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other items and services to our customers and prospective customers.
will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless strictly compelled to do so by law.
We will use your e-mail address solely to provide timely information about .
We will maintain the information you send via e-mail in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our site provides users the opportunity to opt out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at any time.
Users who no longer wish to receive our newsletter or promotional materials may opt out of receiving these communications by clicking on the unsubscribe link in the e-mail.
Use of External Links
Our website may contain links to many other websites. cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by do not constitute an endorsement by or any of its employees of the sponsors of these sites or the products or information presented therein.
By accessing this website, you are agreeing to be bound by this website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from .
You must not:
- Republish material from our website without prior written consent.
- Sell or rent material from our website.
- Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
- Redistribute any content from our website, including onto another website.
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else”s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Use of Testimonials
In accordance to with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this site are actually received via Google Reviews, text, audio or video submission. They are individual experiences, reflecting the real-life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.
Tara is not responsible for any of the opinions or comments posted on the website, which is not a forum for testimonials, however, provides testimonials as a means for customers to share their experiences with one another. To protect against abuse, all testimonials appear after they have been reviewed by management or do not share the opinions, views or commentary of any testimonials on the opinions are strictly the views of the testimonial source.
The testimonials are never intended to make claims that our products and/or services can be used to diagnose, treat, cure, mitigate or prevent any disease. Any such claims, implicit or explicit, in any shape or form, have not been clinically tested or evaluated.
How Do We Protect Your Information and Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information are never transmitted via email.
We may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Disclaimer and Limitation of Liability
Tara makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to this site.
All the materials on this site are provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, noninfringement of intellectual property or fitness for any particular purpose. In no event shall or its agents or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if has been advised of the possibility of such loss or damages.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
If you have any questions regarding this policy, or your dealings with our website, please contact us here.