Confidentiality (42 CFR Part 2)

Notice of Privacy Practices and Federal/State Confidentiality Protections

Effective Date: 01/01/23
Name of Organization: Akasha Treatment Center, Inc. dba Ona Treatment Center
Contact Person: Privacy Officer / Compliance Department | Phone: (530) 869-6163

Email: compliance@onatreatmentcenter.com

Federal and California Law Protects Your Substance Use Disorder Records

If you receive treatment for a substance use disorder (SUD) at our facility, your records are protected by federal law under 42 CFR Part 2 and the HIPAA Privacy Rule (45 CFR Part 164), as well as the California Confidentiality of Medical Information Act (CMIA) (Cal. Civ. Code § 56 et seq.) and Cal. Health & Safety Code § 11845.5.

This notice explains:

• How we use and share your health, mental health, and SUD treatment information.
• Your specific privacy rights under federal and California law.
• How to file a privacy or confidentiality complaint.

Your Rights Under Federal and California Law

You have the right to:

• Written Consent Requirement: Under both 42 CFR Part 2 and the CMIA, written patient consent is strictly required to disclose your substance use disorder records for treatment, payment, or health care operations, except as narrowly permitted by federal and state law.
• Inspect and Copy Your Records: Under Cal. Health & Safety Code § 123100, you have the right to inspect your records within 5 days of a written request and receive copies within 15 days.
• Restrict Disclosures to Health Plans: If you pay out-of-pocket in full for a service, you have the right to restrict disclosures of that health information to your health insurance plan.
• Receive an Accounting of Disclosures: You can request a list of instances where we shared your electronic records.

How We May Use and Disclose Information Without Consent

Both federal and California law allow us to use or disclose your records without your written consent only in specific, highly restricted situations:

• Medical Emergencies: To medical personnel treating a life-threatening emergency.
• Court Orders: Pursuant to a specific, specialized court order issued under 42 CFR Part 2 rules (subpoenas alone are not sufficient to release Part 2 records).
• Child or Elder Abuse Reporting: Reporting suspected child abuse, neglect, or elder/dependent adult abuse to appropriate California authorities.
• Audits and Evaluations: Authorized regulatory, funding, or licensing agencies overseeing our program (e.g., California Department of Health Care Services).

California-Specific Privacy Protections

• Psychotherapy Notes: Your psychotherapy notes receive elevated protections and will not be shared without explicit authorization unless required by law or a specialized court order.
• Marketing and Sale of Data: We will never sell your protected health information or use it for marketing/fundraising purposes without your explicit, signed California-compliant authorization.
• Minor Consent Rights: Under California law, minors aged 12 or older may independently consent to their own outpatient substance use disorder and mental health treatment. Records related to this care are strictly confidential and cannot be released to parents or guardians without the minor's explicit consent.

Filing a Complaint

If you believe your privacy or confidentiality rights have been violated, you may file a complaint with our office, the California Department of Health Care Services, or the U.S. Department of Health and Human Services. We will not retaliate against you for filing a complaint.

• Facility Contact: (530) 869-6163 / compliance@onatreatmentcenter.com / 6041 Bald Mountain Rd. Browns Valley, CA 95918
• California Department of Health Care Services (DHCS): SUD Compliance Division
• U.S. Department of Health and Human Services: Visit the HHS HIPAA Complaints Portal