Privacy Policy
This notice describes the privacy practices of Back on Track (“BoT”) programs and services, individually and collectively, throughout southern Maine.
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Privacy and Confidentiality Obligations
The law requires that BoT maintain the privacy and confidentiality of information about our students, their health, care and payment for services related to health (referred to in this notice as “protected health information” or “information”) and to provide students and/or their parents, legally regarded providers and care takers (referred to in this notice as “caretaker”) with this notice of our legal duties and privacy practices with respect to protected health information. When BoT uses or discloses this information, we are required to abide by the terms of this notice (or other notice in effect at the time of the use or disclosure).
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All Protected Health Information, including alcohol or drug services
The Health Insurance Portability and Accountability Act ("HIPAA") Privacy Regulations (45 CFR Parts 160 and 164), protects students’ health information.
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Uses and Disclosures WITH Authorization
- Generally, BoT may use or disclose protected health information when a student or caretaker authorizes such disclosure in writing on a form that specifically meets the requirements of applicable laws and regulations.
- A student or caretaker may revoke a previous authorization (except to the extent that BoT has already acted upon it) by delivering a written statement to the Executive Director.
- Please know that a court with appropriate jurisdiction or other authorized third party could request or compel a student or caretaker to sign an authorization.
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Uses and Disclosures WITHOUT Authorization
BoT may use or disclose a student’s protected health information…
- as required by statute, including, but not limited to, authorized investigations of reported child abuse or neglect.
- to a person authorized by statute to act on a minor students’ behalf, those facts related to reducing a threat to the student’s or other individual’s life or physical well being, if the Executive Director judges that the student lacks capacity to make a rational decision, and the student’s situation poses a substantial threat to their or any other individual’s life or physical well being that could be reduced by communicating relevant facts to a legally authorized caretaker.
- to a person acknowledged or appointed by a court to represent or administer a student’s interests.
- to mitigate a serious threat of harm to other students, staff or the public.
- to licensing, auditing or accrediting agencies authorized or allowed by law to collect such information for public health and health oversight purposes.
- in response to a valid court or administrative order or subpoena, warrant, discovery request or as otherwise required or permitted by law, or to law enforcement if a student commits, or threatens to commit, a crime while on the premises.
- as requested by the United States Department of Health and Human Services in order to enforce privacy laws.
- among staff to discuss necessary health-related benefits and services, or for operational purposes, including internal administration and planning, program improvements, and conflict/complaints resolution.
- to qualified third-party personnel for outcome evaluation, management audits, financial audits, or program evaluation; however, such personnel may not directly or indirectly identify individual students in any audit, report or evaluation, or otherwise disclose student identities in any manner.
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Student Rights
- Confidential Communications. BoT communicates directly with students or via phone or mail. BoT will honor reasonable written requests to receive protected health information via alternative communications channels or locations.
- Request for Additional Restrictions. BoT will send a written response after careful consideration of written requests for additional restrictions on the use and disclosure of protected health information.
- Inspection and Copies of Health Information. Students or caretakers may request access to inspect and copy records in their file and billing records that BoT maintains. Under limited circumstances, BoT reserves the right to deny access to a portion of a student’s records. BoT will charge for each page copied and will inform requestors of the cost prior to making copies.
- Request to Amend the Record. Students or caretakers may request in writing to amend protected health information maintained in BoT files or billing records. Copies of accepted amendments are appended permanently to the original record, which is not removed or changed. Under certain circumstances, BoT has the right to deny such requests and will make notification of the denial in accordance with HIPAA regulations, which include information of the right to have a brief statement of disagreement placed in the record.
- Accounting of Disclosures. Upon written request, BoT will provide a list of protected health information disclosures made without written authorization OR those related to services and payment for them. The list will apply only to covered disclosures prior to the date of the request provided such period does not exceed six years. A charge will be assessed for more than once request during a twelve (12) month period. BoT will inform the requestor of the charge prior to filling it.
- Paper Copy of Notice. This may be obtained upon request.
- Further Information and Complaints. If a student or caretaker desires further information about privacy and confidentiality rights, OR is concerned that BoT has violated these rights, OR disagrees with a decision that BoT has made about access to protected health information, please contact BoT at 207-772-4191 OR file a written complaint with the Secretary of the United States Department of Health and Human Services. BoT does not retaliate against complaints, and, upon request, will provide the above address.
Violation of federal law and regulations on Confidentiality of Alcohol and Drug Abuse Patient Records is a crime and suspected violations of 42 CFR Part 2 may be reported to the United States Attorney in the district where the violation occurs.
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Effective Date and Duration of This Notice
The effective date of this notice is April 7, 2006.
BoT reserves the right to change the terms of this notice at any time. If this notice changes, BoT may make the new notice terms effective to all protected health information that we maintain, including any information created or received prior to issuing the new notice. If this notice changes, BoT will post the new notice in public access areas at our program sites and at www.backontrackmaine.org. You may also obtain any new notice by contacting Back on Track at 207-772-4248.
Effective date: 04/07/06
Terms of Use
Thank you for visiting the Back on Track Web site. The following guidelines explain Back on Track’s intellectual property rights and govern your use of this Web site. Please read these Terms of Use carefully before using this Web site. Your use constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not enter or use our Web site. Any rights not expressly granted herein are reserved to Back on Track.
Back on Track reserves the right, in its sole and absolute discretion, to change, modify, update, and interpret this Agreement at any time and you agree to be bound by those changes, modifications, updates and interpretations. You should therefore review these Terms of Use periodically to familiarize yourself with any changes, modifications, updates and interpretations. [If you violate any of the Terms of this Agreement, your authorization to use our Web site terminates automatically.]
If any provision(s) of this Agreement is/are held unenforceable by a court or other tribunal of competent jurisdiction, then the provision(s) shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. This Agreement constitutes the entire Agreement between you and Back on Track applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything on the Web site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
Information on this Web site does not Constitute Professional Advice
All data, information, text, graphics, links and other material on Back on Track’s Web site are provided as a convenience to our site visitors. It is for general informational and educational purposes only. Information provided here is not intended to serve as medical advice and is not to be used for diagnosis or treatment of any kind. Information provided on the site does not constitute the provision or practice of psychological, psychiatric or other medical or professional mental health care advice or services.
You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this site or other Web sites linked to or from it.
Disclaimer
All access to this Web site is voluntary and at the sole risk of the user. Back on Track does not warrant the accuracy of any materials on the site or on any other sites linked to or from it. Whereas Back on Track strives to present timely and accurate information, it makes no representations that this information is free of errors or omissions that may be considered material. Back on Track does not warrant the completeness or correctness, timeliness or usefulness of any opinions, advice, services, or other materials provided through the Web site. Back on Track will not be liable for any decision made or action taken in reliance upon the information provided on the Web site. Back and Track endorses only the information and services on this site clearly and specifically identified as being supplied or endorsed by Back on Track, and it does not endorse any products or services on other Web sites linked to or from this site.
The information contained on or provided by this Web site is for general educational and informational purposes only. All material on the Web site is provided on an “as is” basis without warranty of any kind, express or implied, including, without limitation, warranties of title or noninfringement or the implied warranties of merchantability or fitness for a particular purpose. Back on Track is not responsible for any loss or damage resulting from reliance on the information or other content posted on this site or from sites linked to or from this site. Back on Track does not warrant that the use of this site will be uninterrupted and, [although Back on Track maintains virus protection on this site,] it cannot guarantee that this site is free from viruses of other contaminants that may damage your computer or its data.
By visiting this Web site, you agree to hold harmless Back on Track, and any affiliated entity, its officers, directors, employees and agents from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Web site, including, without limitation, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Back on Track of the possibility of such claim. The user’s sole remedy for dissatisfaction with the service is to stop using the service.
Users shall not view, use, download, export or copy any content of this site except in full compliance with all U.S. and other applicable laws and regulations and the Terms of Use stated here.
Copyright Notice
This Web site is owned and operated by Back on Track. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Web site and materials contained on the Web site are either owned by Back on Track, are licensed to it, or are used with permission. Back on Track and its licensors retain and reserve all proprietary rights to the contents of this Web site.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Back on Track. You may link to, view, download, use, display and print a single copy of the materials found on this Web site only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Back on Track or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright 2006 Back on Track. All rights reserved.” Any other use of the Web site or the information contained here is strictly prohibited.
Trademark Notice
Back on Track names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Back on Track. All rights are reserved. You are not authorized to use any Back on Track name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Back on Track. All other trademarks appearing on the Web site are the property of their respective owners.
Jurisdiction and Venue
Information provided on Back on Track’s Web site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This Web site is a service provided by Back on Track and does not constitute any contact with any jurisdiction outside the State of Maine. Use of this Web site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Web site illegal. Users in such jurisdictions visit and use this Web site entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of Maine, United States of America. It is governed by and shall be construed under the laws of Maine, exclusive of any choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Web site, each party irrevocably submits to the exclusive personal jurisdiction of the Maine State District Court sitting in Cumberland County, Maine or of the United States Court for the District of Maine. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts.
Requests for Information
If you contact Back on Track and request information about our programs or services, we will use your email or postal address only to provide the information you requested. Providing information to us is voluntary and the information we collect is used only for the purpose for which it was collected. We do not share your information without your authorization or unless we are required to do so by law.
[Back on Track’s Web site provides secure communication. As long as you are using a Secured Sockets Layer (SSL)-enabled browser such as Microsoft Internet Explorer or Netscape Navigator, information is transmitted over an SSL line. This encrypts your information as it travels over the Internet. Back on Track stores information on our secure server and uses a firewall designed to block access from the outside.
While we take all reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to Back on Track, you agree that you are aware of these risks. If you do not wish to submit your information electronically, please telephone us at 207-772-4191 or mail a request to:
Back on Track
511 Congress St., 8 Fl
Portland, ME 04101
Links to Other Web sites
Back on Track provides links to other Web sites that provide information or services that may be of help or interest to you. Back on Track provides these links for your convenience only. It is not responsible for the content of these sites or the programs, agencies, or businesses they describe. Back on Track does not guarantee that these sites will meet your particular purposes.
Downloadable Files and Email
Back on Track cannot and does not guarantee or warrant that email or files available for downloading from its Web site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Back on Track does not assume any responsibility or risk for damage to your computer or its files related to your use of the Web site.