Notice of HIPAA privacy practices

NOTICE OF PRIVACY PRACTICES

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

Effective Date: November 1, 2025

Our Commitment to Your Privacy

MCaresNJ Inc is committed to protecting your mental health information. We understand that information about you and your health is personal and sensitive. We are required by law to maintain the privacy of your protected health information (PHI), provide you with this Notice of our legal duties and privacy practices, and notify you if a breach occurs that may have compromised your information.

How We May Use and Disclose Your Health Information

Uses and Disclosures That Do Not Require Your Authorization

Treatment: We may use and disclose your PHI to provide, coordinate, or manage your mental health care and related services. This includes:

  • Sharing information with other healthcare providers involved in your care
  • Consulting with other healthcare professionals about your treatment
  • Referring you to other providers for additional services
  • Coordinating care with your primary care physician when appropriate

Payment: We may use and disclose your PHI to obtain payment for services provided to you:

  • Billing your insurance company for services
  • Determining your eligibility for benefits
  • Processing claims and coordinating benefits
  • Collection activities if necessary

Healthcare Operations: We may use and disclose your PHI for our healthcare operations:

  • Quality improvement activities
  • Training mental health professionals and staff
  • Licensing and credentialing activities
  • Business planning and administration
  • Customer service and complaint resolution

Other Permitted Uses and Disclosures

We may also use or disclose your PHI without your authorization in the following situations:

As Required by Law: We will disclose your PHI when required to do so by federal, state, or local law.

Public Health Activities: We may disclose your PHI for public health activities, including reporting communicable diseases, work-related injuries, or adverse events related to medications.

Health Oversight Activities: We may disclose your PHI to health oversight agencies for audits, investigations, inspections, and licensure activities.

Judicial and Administrative Proceedings: We may disclose your PHI in response to a court order, subpoena, or other lawful process.

Law Enforcement: We may disclose your PHI to law enforcement officials as required by law or in response to a valid subpoena.

To Avert Serious Threat to Health or Safety: We may disclose your PHI when necessary to prevent a serious threat to your health and safety or the health and safety of others. This includes situations where:

  • You present an imminent danger to yourself or others
  • We need to warn identified victims of a threat
  • Disclosure is required under state duty-to-warn laws

Abuse, Neglect, or Domestic Violence: We may disclose your PHI to appropriate authorities if we believe you are a victim of abuse, neglect, or domestic violence, as required or permitted by law.

Workers’ Compensation: We may disclose your PHI for workers’ compensation or similar programs that provide benefits for work-related injuries or illness.

Emergency Situations: We may disclose your PHI in emergency treatment situations. If this happens, we will try to obtain your acknowledgment as soon as reasonably practicable.

Special Protections for Mental Health Information

Psychotherapy Notes: We maintain psychotherapy notes separately from your medical record. These notes receive special protection under HIPAA. We will not use or disclose your psychotherapy notes without your written authorization except:

  • For our own training programs
  • To defend ourselves in a legal action brought by you
  • If required by law
  • For health oversight activities concerning the originator of the notes
  • To avert a serious and imminent threat to health or safety

Substance Use Disorder Records: If you receive treatment for substance use disorders, those records are protected under federal regulations (42 CFR Part 2) and receive additional privacy protections. We will not disclose these records without your written consent except as specifically permitted by federal regulations.

Minors: If you are under 18, your parents or guardians may have access to your health information, except in situations where:

  • You consent to confidential services where parental consent is not required by law
  • The law provides for confidential treatment
  • Your provider determines that access would not be in your best interest

Uses and Disclosures Requiring Your Written Authorization

We will obtain your written authorization before using or disclosing your PHI for:

  • Marketing purposes
  • Sale of PHI
  • Most uses and disclosures of psychotherapy notes
  • Any other uses and disclosures not described in this Notice

You may revoke your authorization in writing at any time. Upon receipt of your revocation, we will stop using or disclosing your PHI, except to the extent we have already relied on your authorization.

Your Rights Regarding Your Health Information

Right to Request Restrictions: You have the right to request restrictions on our use or disclosure of your PHI for treatment, payment, or healthcare operations. We are not required to agree to your request, except when you request that we not disclose information to your health plan about services for which you paid out-of-pocket in full.

Right to Request Confidential Communications: You have the right to request that we communicate with you about your health matters in a certain way or at a certain location. We will accommodate reasonable requests.

Right to Access Your PHI: You have the right to inspect and obtain a copy of your PHI that we maintain about you, with some exceptions. We may charge a reasonable fee for copying costs. You may request access to your PHI in electronic format if we maintain it electronically.

Right to Amend: You have the right to request that we amend your PHI if you believe it is incorrect or incomplete. We may deny your request under certain circumstances, but will provide you with a written explanation.

Right to an Accounting of Disclosures: You have the right to request a list of disclosures we have made of your PHI, except for disclosures made for treatment, payment, healthcare operations, and certain other exceptions.

Right to a Paper Copy of This Notice: You have the right to receive a paper copy of this Notice, even if you have agreed to receive it electronically.

Right to Choose Someone to Act for You: If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.

Right to Breach Notification: You have the right to be notified if a breach occurs that may have compromised the privacy or security of your PHI.

Our Responsibilities

We are required by law to:

  • Maintain the privacy and security of your PHI
  • Provide you with this Notice of our legal duties and privacy practices
  • Follow the terms of the Notice currently in effect
  • Notify you promptly if a breach occurs that may have compromised your PHI
  • Not use or share your information other than as described in this Notice unless you provide written authorization
  • Accommodate reasonable requests for confidential communications

Changes to This Notice

We reserve the right to change the terms of this Notice and to make the new provisions effective for all PHI we maintain. If we make material changes, we will post the revised Notice in our office, on our website, and provide you with a copy at your next appointment. The effective date will be noted at the beginning of the Notice.

Complaints

If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the Department of Health and Human Services. To file a complaint with us, contact:

MCaresNJ Inc
Privacy Officer
226 State Street Unit 40
Hackensack NJ 07601
Email: privacy@mcaresnj.org
Phone: 2015007908

To file a complaint with the Secretary:

U.S. Department of Health and Human Services
Office for Civil Rights
200 Independence Avenue, S.W.
Washington, D.C. 20201
Phone: 1-877-696-6775
Website: www.hhs.gov/ocr/privacy/hipaa/complaints

You will not be penalized or retaliated against for filing a complaint.

Contact Information

If you have questions about this Notice or want to exercise any of your rights, please contact:

MCaresNJ Inc
Privacy Officer
226 State Street Unit 40
Hackensack NJ 07601
Email: privacy@mcaresnj.org
Phone: 2015007908