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Student Support Services » Notice of Privacy Practices

Notice of Privacy Practices

Notice of Privacy Practices 

This notice describes how medical and mental health information about you may be used and disclosed, and how you can get access to your information.

PLEASE REVIEW IT CAREFULLY. 

 

Monterey Peninsula Unified School District is dedicated to maintaining the privacy of your health information. You are being given this notice as a description of our legal duties and privacy practices concerning your personal health information. In general, whenever we need to release your health information, we must only release specific, limited information to achieve the purpose for which the information is being used or disclosed. According to federal and state law, MPUSD must follow the privacy practices described in this notice. 

 

If you have any questions about this notice, please contact:Donnie Everett, Assistant Superintendent of Multi Tier Systems of Support at 831-645-1261

 

WHO WILL FOLLOW THIS NOTICE

This notice describes the MPUSD practices and that of: 

 

• Any health care professional authorized to enter information into your chart. 

• All Staff of MPUSD 

 

OUR PLEDGE REGARDING MENTAL HEALTH INFORMATION

We understand that information about you or your child's mental health treatment and related health care services (mental health information) is personal. We are committed to protecting mental health information about you or your child. We create a record of the care and service you or your child receives at MPUSD. We need this record to provide you or your child with quality care and to comply with certain legal requirements. This notice applies to your or your child's mental health information generated by MPUSD staff. 

 

This notice will tell you about the ways in which we may use and disclose mental health information about you or your child. We also describe your rights and certain obligations we have regarding the use and disclosure of your or your child's mental health information. 

 

We are required by law to: 

 

• Make sure that mental health information that identifies you or your child is kept confidential (with certain exceptions); 

• Give you this notice of our legal duties and privacy practices with respect to mental health information about you or your child; and follow the terms of the notice that is currently in effect. 

 

HOW WE MAY USE AND DISCLOSE MENTAL HEALTH INFORMATION ABOUT YOU

The following categories describe different ways that we use and disclose mental health information. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories. 

 

SCHOOL BASED COUNSELING

Due to the nature of school based counseling, information may be exchanged with other school personnel. Information will only be shared if it is in the best interest of the child.

 

DISCLOSURE AT YOUR REQUEST

We may disclose information when requested by you. This disclosure at your request may require a written authorization by you. 

 

FOR TREATMENT

We may use mental health information about you or your child to provide you/your child with mental health treatment or services. 

 

FOR PAYMENT

We may use and disclose mental health information about you or your child so that the treatment and services you or your child receive at MPUSD may be billed to a third party. For example, we may need to give information about treatment you or your child received at MPUSD to Medi-Cal so it will pay us or reimburse you for the treatment. 

 

FOR HEALTH CARE OPERATIONS

We may use and disclose mental health information about you or your child for health care operations. These uses and disclosures are necessary to run MPUSD and make sure that all of our clients receive quality care. For example, we may use mental health information to review our treatment and services and to evaluate the performance of our staff in caring for you or your child. We may also combine mental health information about many MPUSD students to decide what additional services MPUSD should offer, what services are not needed, and whether certain new interventions are effective. We may also combine the school data we have with mental health information from other programs to compare how we are doing and see where we can make improvements in the care and services we offer. We may remove information that identifies you or your child from this set of mental health information so others may use it to study school interventions without learning who the specific clients are. 

 

FAMILY MEMBERS OR OTHERS YOU DESIGNATE IF YOU ARE IN THE HOSPITAL

Upon request of a family member and with your consent, we may give the family member notification of your or your child's diagnosis, prognosis, medications prescribed and their side effects and progress if you or your child are in the hospital. If a request for information is made by a spouse, parent, child, or sibling and you are unable to authorize the release of this information, we are required to give the requesting person notification of your/your child's presence in the hospital, except to the extent prohibited by federal law. Upon your or your child's admission, we must make reasonable attempts to notify your or your child's next of kin or any other person designated by you, of your or your child's admission, unless you request that this information not be provided. Unless you request that this information not be provided we must make reasonable attempts to notify your next of kin or any other person designated by you, of your or your child's release, transfer, serious illness, injury, or death only upon request of the family member. 

 

AS REQUIRED BY LAW

We will disclose mental health information about you or your child when required to do so by Federal, State or local law. 

 

TO AVERT A SERIOUS THREAT TO HEALTH OR SAFETY

We may use and disclose mental health information about you or your child when necessary to prevent a serious threat to your or your child's health and safety, or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat. 

 

SPECIAL SITUATIONS 

 

1) ORGAN AND TISSUE DONATION 

We may release mental health information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. 

 

2)PUBLIC HEALTH ACTIVITIES 

We may disclose mental health information about you or your child for public health activities. These activities may include, without limitation, the following: 

 

• To prevent or control disease, injury or disability; 

• To report births and deaths; 

•To report regarding the abuse or neglect of children, elders and dependent adults; 

• To notify a person who may have been exposed to a disease or may be at risk for contracting or 

   spreading a disease or condition. 

•To notify the appropriate government authority if we believe a patient has been the victim of    abuse, neglect or domestic violence. We will only make this disclosure if you agree or when  required or authorized by law.

 •To notify emergency response employees regarding possible exposure to HIV/AIDS, to the extent necessary to comply with state and federal laws. 

 

3) HEALTH OVERSIGHT ACTIVITIES 

We may disclose mental health information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs and compliance with civil rights laws. 

 

4) LAWSUITS AND DISPUTES 

If you or your child are involved in a lawsuit or a dispute, we may disclose mental health information about you or your child in response to a court or administrative order. We may also disclose mental health information about you or your child in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request (which may include written notice to you) or to obtain an order protecting the information 

 

5) LAW ENFORCEMENT 

We may release mental health information if asked to do so by a law enforcement official;

  • In response to a court order, subpoena, warrant, summons or similar process. 
  • To identify or locate a suspect, fugitive, material witness, certain escapes, and certain missing person
  • About a death we believe may be the result of criminal conduct
  •  About criminal conduct at a school site
  •  When requested by an officer who lodges a warrant.

 

7) PROTECTION OF ELECTIVE CONSTITUTIONAL OFFICERS 

We may disclose mental health information about you or your child to government law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families. 

 

8) INMATES 

If you or your child are an inmate of a correctional institution or under the custody of a law enforcement official, we may release mental health information about you or your child to the correctional institution or law enforcement official. Disclosure may be made when required, as necessary to the administration of justice. 

 

9) ADVOCACY GROUPS 

We may release mental health information to the statewide protection and advocacy organization if it has a patient or patient representative's authorization, or for the purposes of certain investigations. We may release mental health information to the County Patients' Rights Office if it has a patient or patient representative's authorization, or for investigations resulting from reports required by law to be submitted to the Director of Mental Health. 

 

10) DEPARTMENT OF JUSTICE 

We may disclose limited information to the California Department of Justice for movement and 

identification purposes about certain criminal patients, or regarding persons who may not purchase, possess or control a firearm or deadly weapon. 

 

11) MULTIDISCIPLINARY PERSONNEL TEAMS 

We may disclose mental health information to a multidisciplinary personnel team relevant to the prevention, identification, management, or treatment of an abused child, the child's parents, or an 

abused elder or dependent adult. 

 

12) SENATE AND ASSEMBLY RULES COMMITTEES 

We may disclose your mental health information to the Senate or Assembly Rules Committee for purpose of legislative investigation. 

 

PSYCHOTHERAPY NOTES

Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the students educational record. Psychotherapy notes excludes medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date. 

 

We may use or disclose your or your child's psychotherapy notes, as required by law: 

 

• For use by the originator of the notes 

• In supervised mental health training programs for students, trainees, or practitioners 

• By the covered entity to defend a legal action or other proceeding brought by the individual 

• To prevent or lessen a serious and imminent threat to the health or safety of a person or the public 

• For the health oversight of the originator of the psychotherapy notes 

• For use or disclosure necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. 

• For use or disclosure to the Secretary of Department of Health and Human Services (DHHS) in the course of an investigation 

 

YOUR RIGHTS REGARDING MENTAL HEALTH INFORMATION ABOUT YOU OR YOUR CHILD

You have the following rights regarding mental health information we maintain about you or your child: 

 

RIGHT TO INSPECT AND COPY

You have the right to inspect and obtain a copy of mental health information that may be used to make decisions about your or your child's care. Usually, this includes mental health and billing records, but may not include some mental health information. We may deny your request to inspect and obtain a copy in certain very limited circumstances. If you are denied access to mental health information, you may request that the denial be reviewed. Another licensed health care professional chosen by MPUSD will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.

 

RIGHT TO AMEND

If you feel that mental health information we have about you or your child is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for MPUSD.  In addition, you must provide a reason that supports your request. 

We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: 

 

• Was not created by us, unless the person or entity that created the information is no longer available to make the amendment; 

• is not part of the mental health information kept by or for MPUSD; 

• Is not part of the information which you would be permitted to inspect and copy; 

•Is accurate and complete. 

 

Even if we deny your request for amendment, you have the right to submit a written addendum, not to exceed 250 words, with respect to any item or statement in your or your child's record you believe is incomplete or incorrect. If you clearly indicate in writing that you want the addendum to be made part of your mental health record we will attach it to your records and include it whenever we make a disclosure of the item or statement you believe to be incomplete or incorrect. 

 

RIGHT TO AN ACCOUNTING OF DISCLOSURES

You have the right to request an "accounting of disclosures." This is a list of the disclosures we made of mental health information about you or your child other than our own uses for treatment, payment and health care operations (as those functions are described above), and with other exceptions pursuant to the law. 

 

Your request must state a time period which may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you want the list (for example, on paper, electronically).In addition, we will notify you as required by law following a breach of your unsecured protected health information. 

 

RIGHT TO REQUEST RESTRICTIONS 

You have the right to request a restriction or limitation on the mental health information we use or disclose about you or your child for treatment or  payment. You also have the right to request a limit on the mental health information we disclose about you or your child to someone who is involved in your or your child's care or the payment for your care or child's care, like a family member or friend. For example, you could ask that we not use or disclose information about a type of therapy you or your child had. 

If we agree to a special restriction, we will comply with your request unless the information is needed to provide you emergency treatment. 

 

RIGHT TO REQUEST CONFIDENTIAL COMMUNICATIONS

You have the right to request that we communicate with you about mental health matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. 

 

RIGHT TO A PAPER COPY OF THIS NOTICE

You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice. To obtain a paper copy of this notice, you can request a copy from your MPUSD provider.

 

TO THIS NOTICE 

We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for mental health information we already have about you or your child as well as any information we receive in the future. We will post a copy of the current notice in MPUSD facilities. The notice will contain the effective date on the first page.

 

COMPLAINTS If you believe your or your child's privacy rights have been violated, you may file a complaint with MPUSD or with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with the MPUSD, contact Donnie Everett  700 Pacific St. Monterey Ca 93940 (831-645-1261). All complaints must be submitted in writing. 

 

You will not be penalized for filing a complaint. 

 

OTHER USES OF MENTAL HEALTH INFORMATION

Other uses and disclosures of mental health information not covered by this notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose mental health information about you or your child, you may revoke that permission at any time. If you revoke your permission, this will stop any further use or disclosure of your mental health information for the purposes covered by your written authorization, except if we have already acted in reliance on your permission. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you.