HIPAA PRIVACY POLICY NOTICE

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

Effective Date

This policy is in effect as of December 1, 2009 and will remain in effect until it is revised.

General Information about this Notice

This Notice describes Lindamood-Bell's efforts to safeguard your protected health information from improper or unnecessary use or disclosure. Lindamood-Bell Learning Processes, a California corporation ("Lindamood-Bell"), has adopted this HIPAA Privacy Policy Notice (the "Notice") as part of its continuing commitment to maintain the confidentiality of your protected health information and to comply with federal and state privacy protection laws and regulations.

The Health Insurance Portability and Accountability Act ("HIPAA") requires us to provide you with a summary of our privacy practices and related duties and your rights in connection with the use and disclosure of your protected health information. For purposes of this Notice, your protected health information shall mean information that identifies and relates to: (1) your past, present or future physical or mental health or condition, including but not limited to, your name, address, Social Security Number and other demographic information; and/or (2) payment for your past, present or future health care or instruction. Protected health information includes information of persons living or deceased. Typically we keep your protected health information in your student file and our billing records.

Notice of Privacy Practices

All uses and disclosures of protected health information shall be made in accordance with this Notice. The most current Notice shall be posted at each Lindamood-Bell® learning center in the United States and copies also shall be available upon request.

Assigning HIPAA Privacy and Security Responsibilities

It is Lindamood-Bell policy that specific individuals within our workforce are assigned the responsibility of implementing and maintaining the HIPAA Privacy and Security Rule's requirements. Further, it is Lindamood-Bell policy that these individuals will be provided sufficient resources and authority to fulfill their responsibilities. At a minimum, there will be one individual or job description designated as the Privacy Official.

Minimum Necessary Use

Lindamood-Bell will use your protected health information to provide appropriate instruction. Some examples are as follows:

  1. Instruction Lindamood-Bell will use your protected health information to provide appropriate instructional services or to collaborate with other professionals on your educational team, including doctors, teachers, school district officials and therapists.

  2. Appointment Reminders and Other Contacts Lindamood-Bell may use your protected health information to contact you with reminders about your appointments or other Lindamood-Bell® services that may be of interest to you.

  3. Payment Lindamood-Bell may use and disclose your protected health information if a third party (such as a school, agency, scholarship foundation, or loan company) is contracted with us to pay for your services. For example, verification of attendance dates, attendance records, or copies of progress notes are required for some contracts.

  4. Learning Center Operations Lindamood-Bell may use and disclose your protected health information to allow us to perform functions necessary for our business. For example, within our organization, we may use your information to help us train new staff and conduct quality improvement activities.

  5. Research Lindamood-Bell may use or disclose your protected health information for research purposes.

  6. Required by Law Lindamood-Bell will disclose your protected health information when we are required to do so by law.

  7. Workers' Compensation Lindamood-Bell will disclose your protected health information to comply with workers' compensation and similar laws that provide benefits for work-related injuries and illnesses.

  8. Public Policy There are several situations in which the law permits or requires Lindamood-Bell to use or disclose your protected health information for public policy purposes. These include, but are not limited to, the following:

    1. Public Health Concerns Lindamood-Bell may disclose your protected health information to public health authorities for certain public health activities such as reporting births or deaths, preventing or controlling disease, and notifying persons who may have been exposed to a disease or may be at risk for spreading a disease.

    2. Health Oversight Activities Lindamood-Bell may disclose your protected health information to a health oversight agency to conduct audits, investigations, inspections and other activities necessary for the government to appropriately monitor the health care system.

  9. Special Situations There are some situations which rarely occur but may require or permit Lindamood-Bell to use or disclose your protected health information. These include, but are not limited to, the following:

    1. Abuse, Neglect or Domestic Violence Lindamood-Bell may disclose your protected health information to the appropriate authorities if necessary to report suspected abuse, neglect, or domestic violence.

    2. Serious Threats to Health or Safety Lindamood-Bell may use or disclose your protected health information when necessary to avert a serious threat to the health or safety of you, another person, or the public.

    3. Legal Proceedings If you are involved in a lawsuit or dispute, Lindamood-Bell may disclose your protected health information in response to a court or administrative order. Lindamood-Bell may also disclose your protected health information in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if reasonable efforts have been made to tell you about the request.

    4. Law Enforcement Lindamood-Bell may disclose your protected health information for law enforcement purposes, as long as we follow specific requirements and restrictions. For example, Lindamood-Bell may disclose your information to comply with laws that require the reporting of certain types of injuries, to help identify or locate a criminal suspect, or to provide information about the victim of a crime.

    5. Coroners, Medical Examiners and Funeral Directors Lindamood-Bell may disclose your protected health information to a coroner, medical examiner, or funeral director to allow them to perform their duties.

    6. Specialized Government Functions Lindamood-Bell may disclose your protected health information as it relates to some specialized government functions, such as military or veterans activities, or national security.

    7. Inmates If you are an inmate of a correctional institution or in the custody of a law enforcement official, Lindamood-Bell may disclose your protected health information to the institution or official as necessary to provide you with healthcare and instruction, protect the health and safety of you or others, and maintain the safety and security of the institution.

It is Lindamood-Bell policy that non-routine uses and disclosures will be handled pursuant to established guidelines. It is also Lindamood-Bell policy that all requests for protected health information (except as specified above) must be limited to the minimum amount of information needed to accomplish the purpose of the request.

Disclosure of Protected Health Information

For some purposes, Lindamood-Bell will give you the opportunity to agree or object to a disclosure of your protected health information. These purposes include:

  1. Persons Involved in Your Instruction If you are present, Lindamood-Bell may disclose your protected health information to a relative or other person involved in your instruction or payment for your instruction, but only if you have had an opportunity to agree or object to the disclosure. For example, you may indicate that you do not mind us disclosing your information to a friend or family member by allowing them to join in your meeting with your Lindamood-Bell® representative. If you are not present to agree or object, we will use our professional judgment to determine if disclosing your protected health information is in your best interests.

  2. Notification Lindamood-Bell may disclose your location and general condition to notify a family member, personal representative, or other person responsible for your instruction.

Other uses and disclosures of your protected health information not covered in this Notice will be made only with your written authorization. If you authorize Lindamood-Bell to use or disclose your protected health information, you may revoke that authorization in writing at any time. If you revoke your authorization, Lindamood-Bell will no longer use or disclose your information for the purposes covered by your authorization. You must understand, however, that Lindamood-Bell is unable to take back any disclosures that have already been made in reliance on your authorization.

Your Rights Regarding Your Protected Health Information

You have several important rights with regard to your protected health information. The following explains those rights and how you may exercise them:

  1. Right to Inspect and Copy You have the right to inspect and copy your protected health information.

  2. Right to Request Amendment If you believe that protected health information we have about you is incorrect or incomplete, you may ask us in writing to amend the information. You must explain the reasons for your request. Lindamood-Bell may deny your request if the information you are asking us to change:

    1. Was not created by Lindamood-Bell (unless the person that created the information is no longer available to make the amendment);

    2. Is not part of the protected health information kept by or for Lindamood-Bell;

    3. Is not part of the information you are permitted to inspect and copy; and/or

    4. Is already accurate and complete.

    If Lindamood-Bell denies your request, you have the right to file a statement of disagreement with us. Your statement will be included in any disclosures of your information we make in the future.

  3. Right to Request Restrictions on Uses and Disclosures of Your Protected Health Information You have the right to ask Lindamood-Bell to limit how we use and disclose your protected health information for your instruction or our payment and business operations purposes. You may also ask that Lindamood-Bell not disclose your protected health information to family members or friends involved in your instruction or payment for your instruction. We are not required to agree to your request for a restriction. However, if we do agree, we will comply with our agreement unless there is an emergency or we determine we are otherwise required to use or disclose the information.

  4. Right to Request Confidential Communications from Us You have the right to ask us to communicate with you about your protected health information in a specific way or at a specific location. For example, you may ask that we only contact you at work or by mail. We ask that you make your request for confidential communication in writing. Lindamood-Bell will comply with reasonable requests.

  5. Right to Receive an Accounting of Certain Disclosures of Your Protected Health Information We Have Made You have the right to make a written request for Lindamood-Bell to provide you with an accounting of certain disclosures of your protected health information we may have made. This accounting will not include all disclosures. For example, it will not include disclosures made:

    1. For your instruction;

    2. For payment for your instruction;

    3. For Lindamood-Bell business operations purposes;

    4. To, or authorized by, you; and/or

    5. To others involved in your instruction or payment for your instruction.

    We ask that you submit your request for an accounting in writing. You may ask for up to six-years of disclosures, but the accounting will not include disclosures made before December 1, 2003. One accounting within any 12-month period will be free of charge. We may charge a reasonable fee for additional accountings, but we will notify you of the fee and allow you to withdraw or modify your request before we process it.

  6. Right to Receive a 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.

Retention of Records

It is Lindamood-Bell policy to strictly adhere to the HIPAA Privacy and Security Rule records retention requirement of six years. All records designated by HIPAA in this retention requirement will be maintained in a manner that allows for access within a reasonable period of time. This records retention time requirement may be extended at Lindamood-Bell's discretion to meet with other governmental regulations or those requirements imposed by our insurance carrier.

Marketing Activities

It is Lindamood-Bell policy that any uses or disclosures of protected health information for marketing activities will be done only after a valid authorization is in effect, except as otherwise permitted by law.

Complaints

It is Lindamood-Bell policy that all complaints relating to the protection of health information be investigated and resolved in a timely manner. All complaints must be addressed to the Lindamood-Bell employee who is duly authorized to investigate complaints and implement resolutions if the complaint stems from a valid area of non-compliance with the HIPAA Privacy and Security Rule.

Prohibited Activities - No Retaliation or Intimidation; No Waiver of HIPAA Policy

It is Lindamood-Bell policy that no employee or contractor may engage in any intimidating or retaliatory acts against persons who file complaints or otherwise exercise their rights under HIPAA regulations. It is also Lindamood-Bell policy that no employee or contractor may condition instruction, payment, enrollment, or eligibility for benefits on the provision of an authorization to disclose protected health information except as expressly authorized under the regulations. No individual shall be required to waive his or her privacy rights under HIPAA as a condition of instruction, payment, enrollment, or eligibility.

Responsibility; Verification of Identity

The responsibility for designing and implementing procedures to implement this Notice lies with Lindamood-Bell's designated Privacy Official. It is Lindamood-Bell policy that the identity of all persons who request access to protected health information be verified before such access is granted.

Mitigation; Safeguards

It is Lindamood-Bell policy that the effects of any unauthorized use or disclosure of protected health information be mitigated to the extent possible. It is Lindamood-Bell policy that appropriate physical safeguards will be in place to reasonably safeguard protected health information from any intentional or unintentional use or disclosure that is in violation of the HIPAA Privacy and Security Rule. These safeguards will include physical protection of premises and protected health information, technical protection of protected health information maintained electronically and administrative protection. These safeguards will extend to the oral communication of protected health information. These safeguards will extend to protected health information that is removed from this organization.

Business Associates

Lindamood-Bell may disclose your protected health information to its business associates and allow its business associates to create or receive protected health information on its behalf. However, prior to doing so, Lindamood-Bell must first obtain assurances from the business associate that it will appropriately safeguard the information to the same degree as set forth in this Notice. Before sharing your protected health information with outside consultants or contractors who meet the definition of "business associate," Lindamood-Bell will verify that a business associate contract is in place. For purposes of this Notice, a "business associate" is an entity that (a) performs or assists in performing a function or activity involving the use and disclosure of protected health information (including claims processing or administration, data analysis, underwriting, etc.); or (b) provides legal, accounting, actuarial, consulting, data aggregation, management, accreditation, or financial services, where the performance of such services involves giving the service provider access to protected health information. It is also the policy of this organization that a business associate who violates its agreement will be dealt with first by an attempt to correct the problem, and if that fails, by termination of the agreement and discontinuation of services by the business associate.

Training and Awareness

All members of the Lindamood-Bell® workforce receive training on the policies and procedures governing protected health information and how Lindamood-Bell complies with the HIPAA Privacy and Security Rule. It is Lindamood-Bell policy that new members of our workforce receive training on these matters within a reasonable time after they have joined the workforce. It is Lindamood-Bell policy to provide training should any policy or procedure related to the HIPAA Privacy and Security Rule materially change. This training will be provided within a reasonable time after the policy or procedure materially changes. Furthermore, it is Lindamood-Bell policy that training will be documented indicating participants, date, and subject matter. For purposes of this Notice, the term "material change" is any change in Lindamood-Bell's HIPAA compliance activities.

Sanctions

It is Lindamood-Bell policy that sanctions will be in effect for any member of its workforce who intentionally or unintentionally violates any of these policies or procedures related to the fulfillment of these policies. Such sanctions will be recorded in the individual's personnel file.

Cooperation with Privacy Oversight Authorities

Oversight agencies such as the Office for Civil Rights of the Department of Health and Human Services will be given full support and cooperation in their efforts to ensure the protection of health information within Lindamood-Bell. It is Lindamood-Bell policy that all personnel must cooperate fully with all privacy compliance reviews and investigations.

Revisions to This Policy

Lindamood-Bell reserves the right to change its privacy practices and the terms of this Notice. Any changes we make will apply to all of the protected health information about you we maintain. Lindamood-Bell will make you aware of the changes by: 1) posting the revised Notice in our learning centers in the United States; and 2) making copies of the revised Notice available upon your request (either at our centers or through the Privacy Official listed in this Notice).

Contact Information

If you have any questions regarding this Notice, please write to our Privacy Official via mail to: Lindamood-Bell Learning Processes, Human Resources Department, Attn: HIPAA Privacy Official, 416 Higuera Street, San Luis Obispo, CA 93401 or via e-mail to: support.hr@lindamoodbell.com.

"We are so fortunate to have found Lindamood-Bell and your solution. The results have been life changing for our daughter. Thanks for the miracle!"
~ Melissa, a mother

"As we make our journey through life we are lucky enough to meet a handful of people who can truly make a difference in our lives. My son at age 12 has already met this handful. Thank you."
~ William, a father

"The workshop presenter was very knowledgeable about the field of Education and Special Education. I am very excited to implement this into my resource room. I can't wait to make a difference for someone."
~ Ellen, a Special Ed Teacher

Awards

We are excited to announce that our CEO, Nanci Bell, received the Distinguished Leader in Special Education Award at the Third New York Citywide Special Education Conference on Saturday, January 26, 2013 at Hunter College in New York City.
Congratulations, Nanci!