SECTION C - YOUR RIGHTS REGARDING YOUR BEHAVIOR HEALTH SERVICE RECORDS
MAINTAINED BY MEMORIAL MEDICAL CENTER, INC. – BEHAVIOR HEALTH SERVICES
When receiving behavioral health services, your medical records are protected by numerous Federal and State Regulations. Memorial Medical Center is responsible for maintaining and releasing behavioral health service records in pursuit of the regulation or code which will provide you with the most protection in regards to safeguarding confidentiality of your medical record.
Memorial Medical Center’s Notice of Privacy Practices is based on the Federal Health Insurance Portability and Accountability Act (HIPAA). However, the confidentiality of patient behavioral health service records, including mental health and/or alcohol and drug abuse records maintained by this program are also protected by Federal Code of Regulations 42 – Part 2 (Confidentiality of Alcohol and Drug Abuse Treatment Records), Wisconsin Administrative Code HFS 92 (Confidentiality of Treatment Records), Wisconsin Statute Chapter 51.30 (Mental Health Act), Wisconsin Administrative Code HFS 94 (Patient Rights), and Federal Code of Regulations 45 – Part 160 and 162 (Health Insurance Portability and Accountability Act). There are instances when Federal Code or Wisconsin statute is stricter than HIPAA law and may take precedence over HIPAA law.
No part of Behavioral Health Service records which contain any identifying information, whether direct or indirect, may be released or disclosed except when required by law. Exceptions may include, but are not limited to:
- the patient’s written authorization, or
- a disclosure made to medical personnel in a medical emergency; or
- qualified personnel for research, audit, or program evaluation; or
- patient who commits or threatens to commit a crime either at the program or against any person who works for the program; or
- in instances of suspected child abuse and/or neglect.
If you are being admitted to a behavioral health service provided by Memorial Medical Center and have questions regarding your privacy, please contact the Behavioral Health Client Rights Specialist at (715) 685-5409.
Violation of Federal or State law and regulations by a program under this heading is a crime. Suspected violations may be reported to the Behavioral Health Services Client Specialist or the United States attorney in the district where the violation occurred.