Client Notice

This notice describes how medical and behavioral health related information about you may be used and disclosed and how you can get access to this information. Please review this notice carefully.

General Information

Information regarding your behavioral health care, including payment for health care, is protected by two federal laws and one state law: the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”), 42 U.S.C. § 1320d et seq., 45 C.F.R. Parts 160 & 164, Confidentiality Law, 42 U.S.C § 290dd-2, 42 C.F.R., Part 2 and the applicable Florida Statutes. Under these laws, the Guidance Clinic of the Middle Keys, Inc. (GCMK) may not say to a person outside GCMK that you attend the program, nor may GCMK disclose any other protected information except as permitted by federal and state law.

GCMK must obtain your written consent before it can disclose information about you for payment purposes. For example, GCMK must obtain your written consent before it can disclose information to your health insurer in order to be paid for services, otherwise payment must be received in advance. Generally, you must also sign a written consent before GCMK can share information for treatment purposes or for healthcare operations. However, federal & state law permits GCMK to disclose information without your written permission:

  1. To medical personnel in a medical emergency;
  2. Pursuant to an agreement with a qualified service organization/ business associate;
  3. For research, audit purposes; without disclosure of client’s name or other identifying information.
  4. To report a crime committed on GCMK’s premises or against GCMK’s personnel;
  5. To appropriate authorities to report suspected elderly, disabled, and child abuse or neglect;
  6. As allowed by a court order under specific circumstances.

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

Before GCMK can use or disclose any information about your behavioral health information in a manner which is not described above, it must first obtain your specific written consent allowing it to make the disclosure. Any such written consent may be revoked by you in writing unless you are referred by the criminal justice system.

Your Rights

Under HIPAA you have the right to request restrictions on certain uses and disclosures of your health information. GCMK is not required to agree to any restrictions you request, but if it does agree, then it is bound by that agreement. Additionally, GCMK may not use or disclose any information which you have restricted except as necessary in a medical emergency or as noted previously.

You have the right to request that we communicate with you by alternative means or at an alternative location. GCMK will accommodate such requests that are reasonable and will not request an explanation from you. You also have the right to inspect and receive a copy your own behavioral health information maintained by GCMK, at a reasonable cost. Exceptions that apply are information containing psychotherapy notes, information compiled for use in a civil, criminal or administrative proceeding or in other limited circumstances.

Under HIPAA you also have the right, with some exceptions, to amend your behavioral health care information maintained in GCMK’s records, and to request and receive an accounting of disclosures of your behavioral health related information made by GCMK during the six years prior to your request since April 14, 2003. You also have the right to receive a paper copy of this notice.

GCMK Duties

GCMK is required by law to maintain the privacy of your behavioral health information and to provide you with notice of its legal duties and privacy practices with respect to it. GCMK is required by law to abide by this notice. GCMK reserves the right to change the terms of this notice and to make new notice provisions effective for all protected behavioral health information it maintains and will notify you of any changes in writing, in person, by mail, or on the GCMK website prior to implementation.

Complaints and Reporting Violations

You may register a complaint with GCMK and the Secretary of the United States Department of Health and Human Services (HHS) if you believe that your privacy rights have been violated. The complaint must be in writing, either on paper or electronically and may be filed with the Privacy Officer of GCMK or the Secretary of HHS within 180 days of knowledge of the infraction. The complaint must name the entity who is subject of the complaint and describe the acts or omissions related to the violation. Once received, the Privacy Officer of GCMK or the Secretary HHS will conduct an investigation and notify the entity and the complainant of findings in writing. Complainants are protected against retaliation. Violation of the Confidentiality Law by a program is a crime. Suspected violations of the Confidentiality Law may be reported to the United States Attorney General’s Office in the district where the violation occurs.

Contact GCMK’s Privacy Officer at (305) 434-9000 for further information.

Eleven CARF Accredited Programs:

  • Case Management/Services Coordination: Mental Health (Adults)
  • Community Integration: Mental Health (Adults)
  • Community Integration: Psychological Rehabilitation (Adults)
  • Crisis Stabilization
  • Detoxification
  • Outpatient Treatment
  • Outpatient Treatment: Alcohol and Other Drugs/Addictions (Children and Adolescents)
  • Outpatient Treatment: Mental Health (Adults)
  • Outpatient Treatment: Mental Health (Children and Adolescents)
  • Prevention/Diversion
  • Residential Treatment: Alcohol and Other Drugs/Addictions (Adults)

Equal Opportunity
GCMK does not discriminate on the basis of age, race, sex, religion, color, disability, national origin, sexual orientation, or marital status.