Privacy Policy

Notice of Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL AND DRUG AND ALCOHOL-RELATED INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

 

 

General Information 

Information regarding your health care, including payment for healthcare, is protected by two federal laws: the Health Insurance Portability and Accountability Act of 1996 “HIPAA”, 42 U.S.C. §1320d et seq., 45 

C.F.R. Parts 160 & 164, and the Confidentiality Law, 42 U.S.C. § 290dd-2, 42 C.F.R. Part 2. Under these laws, McLeod Centers For Wellbeing (McLeod Centers) may not disclose to a person outside McLeod Centers that you attend the program, nor may McLeod Centers disclose any information identifying you as an alcohol or drug treatment patient or disclose any other protected information except as permitted by federal law. 

McLeod Centers must obtain your written consent before it can disclose information about you for payment purposes. For example, McLeod Centers must obtain your written consent before it can disclose information to your health insurer to be paid for services. Generally, you must also sign a written consent before McLeod Centers can share information for treatment purposes or for health care operations. McLeod Centers will not sell or disclose information about you for marketing purposes. Federal law does permit McLeod Centers to disclose information without your written permission in the following circumstances: 

  1. Pursuant to an agreement with a qualified service organization/business associate 
  1. For audits or evaluations including NC-TOPPS 
  1. To report a crime committed on McLeod Centers’ premises or against McLeod Centers personnel 
  1. To medical personnel in a medical emergency 
  1. To appropriate authorities to report suspected child, elder, or disabled adult abuse or neglect 
  1. As allowed by a court order 
  1. To support personnel if suicidal/homicidal ideation and/or intent is reported 

For example, McLeod Centers can disclose information without your consent to obtain legal or financial services, or to another medical facility to provide health care to you, if there is a qualified service organization/business associate agreement in place. 

Before McLeod Centers can use or disclose any information about your health in a manner that is not described above, it must first obtain your specific written consent allowing it to make the disclosure. You may revoke any such written consent in writing. 

 

 

Patient Rights under HIPAA 

Under HIPAA, you have the right to request restrictions on certain uses and disclosures of your health information. Under HIPAA you also have the right to inspect and receive a copy of your own health information maintained by McLeod Centers except to the extent that the information contains psychotherapy notes or information compiled for use in a civil, criminal, or administrative proceeding or in other limited circumstances. You have the right to ask McLeod Centers to accommodate requests that are reasonable and without requiring an explanation from you. 

Under HIPAA you also have the right, with some exceptions, to request amendment of health care information maintained in McLeod Centers’ records, and to request and receive an accounting of disclosure of your health-related information made by McLeod Centers during the six years prior to your request. You also have the right to receive a paper copy of this notice. 

 

 

 

Patient Rights 

Summary of North Carolina General Statutes, Article 3 

According to the North Carolina General Statutes GS 122C-51, 52, 57, 58, 59, 60-67, McLeod Centers will protect your rights. The statutes state the following: 

 

  • McLeod Addictive Disease Center, Inc. believes that you, the patient, have the right to dignity, privacy, and human care. You have the right to freedom from mental and physical abuse, neglect, financial or other exploitation, humiliation, and retaliation while in treatment. Every effort will be made to assure you of these rights, as well as the right to live as normally as possible while providing you with a course of treatment that meets your individual needs. 
  • You have the right to age-appropriate treatment at McLeod Centers including access to medical care and habilitation, regardless of age or degree of mental illness, developmental disability, or substance abuse. 
  • Any information McLeod Centers gathers on you while in treatment is confidential and will not be released without your written permission or as authorized by law. 
  • You will participate with your primary clinician in developing a person-centered plan designed to meet your needs for recovery. 
  • You will have the right to consent to or refuse treatment at McLeod Centers at any time. 
  • As a patient at McLeod Centers, you will keep the same rights as any other North Carolina citizen, including the right to dispose of property, execute instruments, make purchases, enter contractual relationships, register, and vote, bring civil actions, and marry and get a divorce, unless an un-revoked adjudication of incompetence has precluded the exercise of a civil right. 
  • McLeod Centers does not use physical restraints or seclusion as part of treatment. Corporal punishment will never be inflicted upon any McLeod Centers patient. 

Violations of the North Carolina General Statutes ~ 122C-51 through 122C-67 

Any violation of the Patients’ Rights is subject to a range of fines depending on the severity and can result in Class I or Class III misdemeanor. 

 

 

McLeod Centers’ Duties 

McLeod Centers 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. McLeod Centers is required by law to abide by the terms of this notice. McLeod Centers reserves the right to change the terms of this notice and to make new notice provisions effective for all protected health information it maintains. Revisions will be posted in the lobby of each facility, will be available on the McLeod Centers website on the internet, and can be obtained from any employee. 

 

 

 

Complaints and Reporting Violations 

You may complain to McLeod Centers and the Secretary of the United States Department of Health and Human Services if you believe that your privacy rights have been violated under HIPAA. You have the right to present a complaint, file a grievance, or appeal a decision. You should not fear that doing so will result in retaliation or barriers to your treatment. Complaints can be made to any McLeod Centers staff member and grievance forms can be obtained from any employee. 

Violation of the Confidentiality Law by a program is a crime. If McLeod Centers releases any unauthorized protected information, you will be notified of the date of the breach, the information released and the steps McLeod Centers has taken to prevent future confidentiality violations. You can report any known or suspected violations to the United States Attorney in the district where the violation occurs. 

For further information, contact the Director of Compliance. Revised: 12/29/17, 3/28/19, 5/18/21 

 

 

 

Patient Responsibilities 

In addition to your rights as a recipient of services, you can help ensure the best outcomes for yourself by assuming the following responsibilities: 

  1. Give information to help those that provide your care 
  1. Follow the plans that you have agreed to 
  1. Understand your health, and participate in developing treatment goals 
  1. Tell the doctor or nurse about any changes in your health 
  1. Ask questions when you do not understand your care or what you are expected to do 
  1. Invite people who will be helpful and supportive of your treatment planning 
  1. Respect the rights and property of other consumers and program staff 
  1. Respect other consumers’ needs for privacy 
  1. Work on the goals of your Person-Centered Plan 
  1. Inform staff of any medical condition that is contagious 
  1. Take medications as prescribed for you 
  1. Tell your doctor if you are having side effects from your medications 
  1. Tell your doctor or clinician if you do not agree with their recommendations 
  1. Tell your doctor or clinician when and if you want to end treatment 
  1. Cooperate with those trying to care for you 

Tell someone when you have a suggestion, comment, or complaint in order for staff to help solve the problem or issue. 

 

 

Patient Behavior 

McLeod Centers will provide you with a safe, caring environment to help in your recovery. Upon admission to McLeod Centers, you will be informed of the behavior expected from you while in treatment, including specific program rules and consequences. If you have any questions about these rules, please contact your primary clinician. 

Interventions 

McLeod Centers does not use physical or chemical intervention procedures that are designed to modify behavior.

Contraband 

Contraband is defined as drugs (including any mind- or mood-altering substances) or alcohol; both visible and concealed weapons regardless of permits held by the owner (including but not limited to firearms, knives, any explosive materials, or any other objects that could be used to harass, intimidate, or injure another individual); tobacco products (including but not limited to cigarettes, cigars, cigarillos, pipes, dip, snuff, snus, chewing tobacco, and heated tobacco products); electronic smoking devices (including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vape, and any cartridge or other component of the device or related product); controlled substances; prescription medication*; and non-prescription medication*.  

 

 

 

Confidentiality 

Your right to confidentiality concerning your treatment or services received at McLeod Centers is protected by law. Your records at McLeod Centers are confidential and will not be released to anyone without your written consent, or as allowed by law. You can withdraw permission to release information at any time. You can request that only certain parts of your record be shared. 

Confidentiality Exceptions 

Your information may be disclosed without your written consent in the following circumstances: 

  • Medical emergency (including potential suicidal or homicidal thoughts, plans, or intent) 
  • Court order 
  • Crime occurring at McLeod Centers or against McLeod Centers staff 
  • Research 
  • Audit and evaluation including NC-TOPPS 

 

  • Child, elder, or disabled adult abuse 
  • Qualified Service Organization/Business Associate Agreement 

 

 

Patient Record 

You have the right to review your treatment record. You may request a copy of your treatment record including progress notes, consent to release information forms, the person-centered plan, aftercare plan, or discharge summary by contacting a staff member in medical records. 

Filing an Appeal 

You have the right to appeal your discharge or changes to the services you already receive or have requested to receive. The manner in which your services are funded determines the way you appeal: 

  • If Medicaid pays for your services, you may appeal any decision to change or deny services through the Division of Medical Assistance or Office of Administrative Hearing. You may obtain a hearing request form by calling the Division of Medical Assistance at 919-855-4260 or by calling the Office of Administrative Hearings at 919-431-3000. You have 30 days from the date on the notice of the decision to file the request for a hearing. 
  • If your services are paid for by state funds (sometimes called IPRS funds) or if you are paying for your services, you may appeal the decision to the appropriate Managed Care Organization (MCO). If you are not satisfied with their decision, you may appeal to the North Carolina Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (NC DMH/DD/SAS) to review the decision. 
  • If your private insurance pays for your services, you can appeal the decision through your insurance company. 

 

 

For assistance with any questions or concerns about your rights as a patient of McLeod Centers, you may contact the Compliance Department. In addition, state advocates are noted below: 

Governor’s Council for People w/Disabilities(800) 821-6922https://www.in.gov/gpcpd/ The ARC of North Carolina
(800) 662-8706
http://www.arcnc.org 
Mental Health Association of North Carolina
(919) 981-0740
http://www.mha-nc.org		 National Alliance for Mentally Ill – (NAMI)
(800) 451-9682
http://www.naminc.org 
NC Mental Health Consumers Organization, Inc.
Drug (800) 326-3842
https://www.ncdhhs.gov/divisions/mental-health-developmental-disabilities-and-substance-abuse-services		 National Council on Alcoholism and Dependence, Inc.
(800) 622-2255
http://www.ncadd.org

 

 

HOW TO CONTACT US

If you have any questions about our privacy practice, please contact us at:

McLeod Centers For Wellbeing
MAIN OFFICE
500 Archdale Dr
Charlotte, NC 28217
USA