THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOUR CHILD MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
KBH is required by applicable state and federal law to maintain the privacy of your child’s protected health information. In this notice, “child” refers to your son or daughter, whether by birth or adoption, or any other minor for whom you are legally responsible. Protected Health Information (“PHI”) is any piece of information in your child’s medical record that was created, used, or disclosed during the course of diagnosis or treatment that can be used to personally identify your child. PHI includes all identifiable health information regarding your child, maintained or transmitted by KBH and its staff, in any form or medium, whether electronic, on paper, or oral. PHI is protected under the Health Insurance Portability and Accountability Act (“HIPAA”).
This notice summarizes the privacy practices that will be followed by KBH and your rights concerning your child’s PHI. This notice applies to all of the records of your child’s care and billing for that care that are generated or maintained by KBH, whether made by KBH personnel or other health care providers. This notice will remain in effect until KBH replaces it. KBH reserves the right to change this notice. KBH also reserves the right to make the revisions effective for medical information it already has about your child as well as any information it may receive in the future. KBH will post a copy of the revised notice on the KBH website and in its office. If the notice changes, a copy will be available to you upon request.
For more information about KBH’s privacy practices, or for additional copies of this notice, please contact KBH using the information at the end of this notice.
USES AND DISCLOSURES OF YOUR CHILD'S PHI
We may use and disclose your child’s PHI for purposes related to treatment, payment, and health care operations.
Treatment. Your child’s PHI will be used to provide medical treatment. “Treatment” is the provision, coordination, or management of health care and related services. It includes, but is not limited to, consultations and referrals. For example, KBH may disclose your child’s PHI to direct support staff (such as a board-certified behavioral analyst, a registered behavior technician, Clinic Director, or adminsitrative staff providing support functions such as intake or scheduling), doctors, psychologists, licensed psychological associates, or other healthcare providers involved in your child’s treatment.
Release of Medical Information: Kind Behavioral Health may share information related to my child’s treatment, including treatment plans, progress updates, and, when applicable, notification of changes in service status, with the Primary Care Provider (PCP) listed in our records. This information may be shared for the purpose of care coordination, provider collaboration, and supporting continuity and quality of care. It is your responsibility to keep the current Primary Care Provider on record current and accurate. Please contact your Intake or Diagnostic Operations Specialist in the event of any changes or updates.
Team Communication. Avoiding the sharing of direct support staff (e.g., BCBA, RBT, Clinic Director) personal contact information is preferred to ensure protection of PHI and communication through appropriate channels, as well as to avoid potential dual relationships that may arise therein. Families will be required to utilize MSTeams as our HIPAA-compliant method of communication with their clinical teams.
Communication by SMS Texting. Kind Behavioral Health (KBH) offers optional SMS text messaging for care‑related communication, including intake confirmations, scheduling updates, appointment reminders, and support responses.
SMS participation is voluntary and not required to receive services. Clients may choose whether to opt in through our application form.
If a client opts in, they will receive non‑marketing text messages from KBH. Message frequency varies. Standard message and data rates may apply.
Clients may opt out at any time by replying STOP to any KBH text message. For assistance, clients may reply HELP, email us at intake@kindbh.com, or contact our office directly.
Payment. Your child’s PHI will be used and disclosed to obtain payment for the care provided by KBH. “Payment” includes, but is not limited to, actions to determine eligibility for benefits and processing payment for treatment or services received from KBH. For example, KBH may disclose your child’s PHI for verification of insurance coverage and benefit eligibility and to receive payment for services from third party payors, as applicable.
Health Care Operations. Where permitted by state and federal laws, KBH may use and disclose your child’s PHI in conducting its health care operations. KBH’s “health care operations” include evaluating the performance of its staff involved in the care and treatment of your child or in an effort to improve their skills as health care providers. For example, information may need to be disclosed to direct support staff (such as a board-certified behavioral analyst, registered behavior technician, Clinic Director), doctors, psychologists, licensed psychological associates, providers of support services, and other personnel involved in your child’s diagnosis or treatment for both review of treatment and learning tools to provide higher quality of care.
Your Authorization. Unless you give us written authorization, KBH cannot use or disclose your child’s PHI for any reason except those described in this notice. If you give KBH an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect.
Other uses and disclosures that do not require your authorization
Subject to certain requirements, KBH may use or disclose your child’s PHI in certain limited situations without your prior authorization. These situations include:
Public Health. KBH may use or disclose your child’s PHI for public health activity purposes to a public health authority where permitted under state and federal law. For example, KBH may disclose your child’s PHI, if authorized by state or federal law, if your child has been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.
To Your Family and Friends and Persons Involved in Care. KBH must disclose your child’s PHI to you, as described in the Patient Rights section of this notice. KBH may disclose your child’s PHI to a family member, friend, or other person involved in your child’s treatment to the extent necessary to help with your child’s health care, so long as the professional responsible for your child’s care has not determined that such release of information would be harmful to your child’s physical or mental well-being or that the intended recipient of the information lacks a legitimate need for it. You have the right to object to these types of disclosures. KBH will use its professional judgment and experience with common practice to make reasonable inferences of your child’s best interest in allowing a person to access health information.
Emergency. As permitted by federal and state law, KBH may disclose your child’s PHI in emergency situations involving your child.
Research. You understand and acknowledge that KBH is a healthcare service provider participating in the training and development of clinicians in the field of autism diagnosis and behavior analysis. As a leading practicum site for clinicians pursuing their Masters in Behavior Analysis and Board certification, your child and/or their identifying information may come into contact with members of our clinical team who are accruing practicum and fieldwork hours beyond their core treatment team. Furthermore, KBH clinicians may present findings on the efficacy of treatment methodologies across client populations in scientific journals or industry conferences. Any client outcomes included in such publications or presentations, are included on an aggregate or anonymous basis, free of any individual client identifying information.
Required by Law. KBH may use or disclose your child’s PHI when required to do so by law, for example, when such disclosure is required by state or federal law.
Judicial or Administrative Proceeding. In certain limited situations, KBH may use or disclose your child’s PHI in response to valid judicial or administrative orders, orders of the court, and in response to a subpoena, discovery request, or other lawful process.
Law Enforcement. In accordance with state and federal law, KBH may disclose your child’s PHI for law enforcement purposes. For example, KBH may disclose your child’s PHI as necessary to comply with laws that require reporting of certain types of wounds or other physical injuries, or may be required to release PHI in compliance with ongoing law enforcement investigations when presented with valid subpoena, warrant, or court order to do so.
Abuse or Neglect. KBH may disclose your child’s PHI to appropriate authorities if KBH reasonably believes that your child is a possible victim of abuse, neglect, or domestic violence or the possible victim of other crimes. KBH may disclose your child’s PHI to the extent necessary to avert a serious threat to your child’s health or safety or the health or safety of others. KBH will often inform you of the disclosure unless doing so would cause a risk of harm or we reasonably believe that you may be responsible for the abuse, neglect, or other injury and that informing you would not be in the best interest of your child.
Serious Threat to Health or Safety. KBH may disclose your child’s PHI, consistent with applicable law and standards of ethical conduct, if necessary to prevent or lessen a serious threat to health and safety. For example, the KBH professional responsible for your child’s care may disclose your child’s PHI to prevent or lessen a serious and imminent threat to the health or safety of a person or the public in general.
Public Health Oversight Activities. Where authorized under state and federal law, KBH may disclose your child’s PHI for health care oversight activities. For example, KBH may disclose your child’s PHI to a health oversight agency for such activities as audits, investigations (civil, administrative, or criminal), inspections, licensure, or other activities necessary for appropriate health care oversight.
Coroners, Funeral Directors, and Organ Donation. Where permitted under state and federal law, KBH may disclose your child’s PHI to a coroner or medical examiner for the purpose of identifying your child should your child die, identifying the cause of death, or performing other activities authorized by law. KBH may also disclose your child’s PHI to a funeral director, as authorized by state and federal law, in order to permit the funeral director to carry out his or her duties. Your child’s PHI may also be used and disclosed for cadaveric organ, eye, or tissue donation purposes.
National Security and Intelligence Activities. KBH may disclose your child’s PHI to federal officials for the conduct of intelligence, counter-intelligence, and national security activities authorized by law.
Uses and disclosures that require your written authorization:
Except for the general categories of uses and disclosures of your child’s PHI for treatment, payment, and health care operations and other special situations described above, KBH must obtain your written authorization in order to use or disclose your child’s PHI. KBH shall be required to obtain your written authorization prior to the use or disclosure of your child’s PHI for marketing purposes, except if the communication is in the form of a face-to-face communication made by KBH to you or in the form of a promotional gift of nominal value provided by KBH. KBH will not participate in the sale or monetization of your child’s health data or personal health information.
You may cancel an authorization whenever you choose, as long as your withdrawal is in writing. If you cancel your authorization, KBH will no longer use or disclose your child’s PHI for the reasons indicated in the authorization. You understand that KBH is unable to take back any disclosures already made prior to your cancellation. Uses and disclosures related to your child’s PHI not described in this notice will be made only after your authorization is obtained.
PATIENT RIGHTS
When it comes to your child’s PHI, you have certain rights. This section explains your rights and some of KBH’s responsibilities.
Right to Inspect and Copy. You have the right to look at or get copies of your child’s PHI, with limited exceptions, for as long as the information remains in our records. In addition, you have the right to request an amendment to your health information. Any requests to inspect or copy your child’s PHI must be provided to KBH in writing. KBH may charge a reasonable, cost-based fee for the costs of copying, mailing, and/or other supplies associated with your request.
Right to an Accounting of Disclosures. You may have the right to receive a list of instances in which your child’s PHI was disclosed for purposes other than treatment or certain other activities for the six (6) year period prior to the date of your written request. KBH will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked KBH to make). KBH will provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another accounting within twelve (12) months.
Right to Request Restrictions. You may request, in writing, that we place additional restrictions on our use or disclosure of your child’s PHI. KBH is not required to agree to these additional restrictions, but if KBH does, it will abide by any such agreement (except in an emergency).
Right to Amend. You may request that KBH amend your child’s PHI. Your request must be in writing, and it must explain why the information should be amended. KBH may deny your request under certain circumstances.
Right to Breach Notification. KBH will investigate any discovered unauthorized use or disclosure of your child’s unsecured PHI to determine if it constitutes a breach of the federal privacy or security regulations. If KBH determines that a breach has occurred, we will notify you of the breach and advise you of what we intend to do to mitigate the damage (if any) caused by the breach.
Right to Request Confidential Communications. You have the right to request that KBH communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that KBH only contact you at work or by mail, or at another mailing address other than your home address. KBH will endeavor to accommodate all such reasonable requests. KBH will not ask you the reason for your request. To request confidential communications, make your request in writing to the contact person identified below and specify how or where you wish to be contacted.
Right to Request Alternative Communication. You may request, in writing, that KBH communicate with you about your child’s PHI by alternative means or to alternative locations. KBH will accommodate reasonable requests.
Right to a Paper Copy of this Notice. You have the right to a paper copy of this notice or any revised notice, even if you have agreed to receive the notice electronically. To obtain a paper copy of this notice, please submit a request in writing to the contact person identified below. KBH will provide you with a copy of the notice promptly in response to your request.
QUESTIONS AND COMPLAINTS
If you want more information about KBH’s privacy practices or have questions or concerns, please contact us.
If you are concerned that KBH may have violated your privacy rights, or you disagree with a decision KBH made about access to your child’s PHI or in response to a request you made to amend or restrict the use or disclosure of your child’s PHI or to have KBH communicate with you by alternative means or at alternative locations, you may file a complaint with us using the contact information listed at the end of the notice. You may also file a complaint with the U.S. Department of Health and Human Services for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Room 509F HHH Bldg., Washington D.C. 20201, calling 877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. You may also contact Disability Rights of NC at (919)-856-2195 or at www.disabilityrightsnc.org, as well as your insurance company. If you need the contact number for your MCO, please reach out to KBH’s main office at 919-371-2848 or info@kindbh.com.
KBH supports your right to the privacy of your child’s PHI. KBH will not retaliate in any way if you choose to file a complaint with KBH or with the U.S. Department of Health and Human Services.
You can complain if you feel KBH has violated your right by contacting us:
Contact Person Name: Brandon Garcilazo
Contact Person Phone Number: (919) 371-2848
Contact Email: brandon@kindbh.com
Contact Address: 4000 Sancar Way, Suite 410, Durham, NC 27713