Our Commitment to Protect Your Health Information

Vive Treatment, also known as Vive Adolescent Care, is committed to protecting the privacy and security of your health information. This Notice of Privacy Practices explains how Vive Treatment may use and disclose protected health information, the rights you and your authorized personal representative may have concerning that information, and how to submit a privacy complaint.

Protected health information includes information that identifies you and relates to your past, present, or future physical or mental health, the care and treatment you receive, or payment for that care. It may exist in paper or electronic records and may include photographs, video, audio, electronic communications, test results, assessments, treatment plans, medication information, billing records, and other information created or received as part of your care.

Vive Treatment will follow the federal and state law that provides the greatest protection for your health information or gives you greater access to it. Certain information, including psychotherapy notes, genetic information, reproductive health information, and records relating to substance use disorder treatment, may receive additional protection under applicable law.

Who Will Follow This Notice

This Notice applies to Vive Treatment and the members of its workforce, including employees, clinicians, nurses, therapists, contractors, volunteers, students, trainees, and other personnel who are authorized to use or access health information while providing services for or on behalf of Vive Treatment.

Independent health care professionals who provide services in connection with Vive Treatment may follow this Notice when participating in an organized health care arrangement or may provide their own separate Notice of Privacy Practices.

Our Responsibilities

• Maintain the privacy and security of your protected health information.
• Provide you with this Notice describing our legal duties and privacy practices.
• Follow the terms of the Notice currently in effect.
• Notify you as required by law if a breach occurs that may have compromised the privacy or security of your unsecured health information.
• Avoid retaliation against you for exercising your privacy rights or filing a complaint.

How We May Use and Disclose Your Health Information Without Written Authorization

Federal and state law permit or require Vive Treatment to use and disclose health information for certain purposes without obtaining a separate written authorization. We will limit uses and disclosures to the minimum necessary information when that standard applies.

Treatment

We may use and disclose health information to provide, coordinate, and manage your care. For example, clinicians, nurses, therapists, medication providers, laboratory personnel, and other members of the treatment team may share information necessary to assess your needs, develop and carry out a treatment plan, coordinate medications, arrange follow-up care, or communicate with another health care provider involved in your treatment.

Payment

We may use and disclose health information to bill for services and obtain payment from health plans, insurers, responsible parties, or other payers. This may include eligibility verification, prior authorization, utilization review, medical-necessity review, claims processing, appeals, collections, and coordination of benefits.

Health Care Operations

We may use and disclose health information for activities necessary to operate Vive Treatment and improve the quality and safety of care. These activities may include quality assessment, treatment review, staff training, credentialing, licensing, auditing, compliance, risk management, legal services, business planning, accreditation, patient-safety activities, and evaluating the performance of our workforce and programs.

Medical Emergencies

We may use or disclose health information to medical personnel when reasonably necessary to provide emergency care or prevent serious harm.

Family Members and Others Involved in Care

Unless you object, and unless prohibited by law, we may share relevant information with a parent, legal guardian, family member, caregiver, or other person involved in your care or payment for your care. We may also disclose limited information needed to notify an appropriate person of your location, general condition, or death. For minors, access and disclosure rights are governed by applicable federal and Utah law, including rules governing parents, guardians, and other personal representatives.

Business Associates

We may disclose health information to vendors and contractors that perform services for Vive Treatment, such as billing, records management, legal, technology, laboratory, pharmacy, consulting, and secure communications services. These business associates are required by contract and law to safeguard protected health information.

Communications About Your Care

We may contact you or your authorized representative by mail, telephone, voicemail, email, patient portal, or text message regarding appointments, admissions, follow-up care, test results, treatment instructions, care coordination, benefits, services, or other health-related matters. Communications will be made in accordance with applicable consent and privacy requirements.

Required by Law

We may use or disclose health information when required by federal, state, or local law. This may include mandatory reporting of suspected abuse, neglect, exploitation, certain injuries, or communicable diseases.

Public Health and Safety

We may disclose health information for legally authorized public-health activities, including disease prevention, adverse-event reporting, product recalls, health surveillance, and reporting abuse, neglect, or domestic violence when authorized or required by law.

Preventing a Serious Threat

We may use or disclose health information when necessary and lawful to prevent or reduce a serious and imminent threat to the health or safety of a person or the public.

Health Oversight

We may disclose health information to government agencies and accrediting organizations for activities authorized by law, such as audits, inspections, investigations, licensure, certification, accreditation, disciplinary actions, and monitoring compliance with health care laws.

Legal Proceedings

We may disclose health information in response to a valid court or administrative order, subpoena, discovery request, warrant, or other lawful process, subject to applicable privacy protections and any additional requirements governing sensitive records.

Law Enforcement

We may disclose limited health information to law-enforcement officials as permitted or required by law, such as to report certain injuries or crimes, respond to lawful process, locate a person, identify a victim, or report a crime occurring on Vive Treatment property or against a member of our workforce.

Correctional Institutions

If a patient is in lawful custody, we may disclose health information to a correctional institution or law-enforcement official when permitted by law and necessary for treatment, safety, security, or administration of the institution.

Military, Veterans, and Specialized Government Functions

We may disclose health information for military, veterans, national-security, intelligence, protective-service, or other specialized government functions when authorized by law.

Workers' Compensation

We may disclose health information as authorized by workers' compensation laws or similar programs providing benefits for work-related injuries or illness.

Coroners, Medical Examiners, and Funeral Directors

We may disclose health information to a coroner, medical examiner, or funeral director when permitted or required by law.

Organ and Tissue Donation

We may disclose health information to organizations involved in organ, eye, or tissue donation and transplantation when applicable and permitted by law.

Uses and Disclosures Requiring Written Authorization

Vive Treatment will obtain your written authorization before using or disclosing health information for purposes not otherwise permitted or required by law. In most circumstances, written authorization is required for:

• Marketing: Uses or disclosures of protected health information for marketing when authorization is required by law.
• Sale of Health Information: Vive Treatment will not sell protected health information without written authorization where required by law.
• Psychotherapy Notes: Most uses or disclosures of psychotherapy notes maintained separately from the clinical record.
• Fundraising: Uses or disclosures for fundraising when authorization is required. You may opt out of fundraising communications at any time.
• Research: Research uses or disclosures unless an institutional review board, privacy board, or applicable law permits the activity without individual authorization.
• Other Purposes: Any use or disclosure not described in this Notice and not otherwise permitted or required by law.

You may revoke an authorization in writing at any time. Revocation will not affect actions already taken in reliance on the authorization before Vive Treatment received the written revocation.

Special Protections for Substance Use Disorder Records

To the extent Vive Treatment creates, receives, maintains, or transmits records protected by federal substance use disorder confidentiality law, including 42 C.F.R. Part 2, those records will receive the additional protections required by law.

Part 2 records generally may not be used or disclosed in civil, criminal, administrative, or legislative proceedings against a patient without the patient's written consent or a qualifying court order and subpoena or other lawful mandate. A general authorization for treatment, payment, and health care operations may be available as permitted by current law, but additional restrictions may apply to proceedings, redisclosure, counseling notes, central registries, prescription monitoring programs, and criminal-justice referrals.

Vive Treatment will obtain consent whenever federal or state law requires consent for the use or disclosure of substance use disorder records.

Reproductive Health Care Privacy

Vive Treatment will not use or disclose protected health information for a prohibited investigation or proceeding related to lawful reproductive health care. When required by federal law, Vive Treatment may request a signed attestation before disclosing health information for health oversight, judicial or administrative proceedings, law enforcement, or certain coroner or medical-examiner purposes when the information could relate to reproductive health care.

Nothing in this section prevents a use or disclosure that is otherwise lawful and permitted under applicable privacy law.

Your Rights Regarding Your Health Information

Subject to applicable law, you or your authorized personal representative may have the following rights:

Right to Inspect and Obtain Copies

You may request access to health information maintained in Vive Treatment's designated record set and may request paper or electronic copies. Requests must be submitted in writing. We will respond within the period required by law and may charge a reasonable, cost-based fee permitted by law. In limited circumstances, access may be denied. If access is denied, we will explain the reason in writing and provide information about any available review rights.

Right to Request an Amendment

You may request that Vive Treatment amend health information you believe is incorrect or incomplete. The request must be in writing and explain the reason for the requested amendment. We may deny the request as permitted by law. If denied, you may submit a statement of disagreement for inclusion in the record.

Right to Request Restrictions

You may ask Vive Treatment to limit certain uses or disclosures for treatment, payment, or health care operations or disclosures to persons involved in your care. We are not required to agree to every request. However, we generally must agree to restrict disclosure to a health plan when the disclosure is for payment or operations, is not required by law, and concerns a health care item or service that has been paid for in full out of pocket.

Right to Request Confidential Communications

You may request that Vive Treatment contact you in a particular way or at a particular address. Reasonable requests will be accommodated as required by law. Requests should be submitted in writing and should identify the preferred method or location of communication.

Right to an Accounting of Disclosures

You may request a list of certain disclosures of your health information made during the period required by law. The accounting will not include every type of disclosure. One accounting within a 12-month period will be provided without charge; a reasonable fee may apply to additional requests, and you will be notified before any fee is charged.

Right to Notice of a Breach

You have the right to receive notification following a breach of unsecured protected health information when notification is required by law.

Right to a Copy of This Notice

You may request a paper or electronic copy of this Notice at any time, even if you previously agreed to receive it electronically.

Right to Choose a Personal Representative

If a person has legal authority to act on your behalf, Vive Treatment will recognize that person as your personal representative to the extent required by law. Special rules may apply to parents, guardians, and minors, including circumstances in which a minor may consent to care or in which access may be limited to protect the patient.

How to Exercise Your Rights

Requests to access, copy, amend, restrict, or obtain an accounting of disclosures should be made in writing and directed to the Vive Treatment Privacy Officer. Vive Treatment may require reasonable identity verification and documentation of a personal representative's authority before processing a request.

How to File a Privacy Complaint

If you believe your privacy rights have been violated, you may file a complaint with Vive Treatment. Complaints may be submitted to the Vive Treatment Privacy Officer using the contact information above. You will not be retaliated against or denied care for filing a complaint.

You may also submit a complaint to the U.S. Department of Health and Human Services, Office for Civil Rights:

If a complaint concerns federally protected substance use disorder records, you may also contact the Substance Abuse and Mental Health Services Administration (SAMHSA):

Changes to This Notice

Vive Treatment reserves the right to change this Notice and its privacy practices as permitted or required by law. A revised Notice may apply to health information created or received before the revision date as well as information created or received afterward.

The current Notice will be posted at Vive Treatment and on vivetreatment.com. You may request a current paper or electronic copy at any time.