Notice of Privacy Practices of Lexington Center for Recovery, Inc.
FEDERAL LAW PROTECTS THE CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS
Compliance with 42 CFR Part 2 and HIPAA
Effective Date of Notice: February 16, 2026
This notice describes:
- How medical and substance use disorder (SUD) information about you may be used and disclosed
- Your rights with respect to your health information
- How to file a complaint concerning a violation of the privacy or security of your health information or of your rights concerning your information
General Information
Your health information, including information related to alcohol and drug treatment, is protected by two federal laws: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and 42 CFR Part 2, which provides heightened protections for substance use disorder patient records. Under these laws, Lexington Center for Recovery (LCR) may not disclose that you are a patient, nor share identifying SUD information, except as permitted or required by law. LCR does not keep or maintain SUD counseling notes separate from the patient’s medical record, nor do they use or disclose a patient’s medical record for fundraising purposes.
How We May Use or Disclose Your Information with Your Written Consent
Generally, your written consent is required for the use and disclosure of your SUD records for Treatment, Payment, and Health Care Operations (TPO). In some cases, one TPO consent may cover current and future uses such as for health insurance plans, laboratories and other treating providers. Records that are disclosed to a Part 2 program, covered entity, or business associate pursuant to the patient’s written consent for treatment, payment, and health care operations may be further disclosed by that Part 2 program, covered entity, or business associate, without the patient’s written consent, to the extent the HIPAA regulations permit such disclosure. Non-TPO written consent is necessary for us to communicate information to entities like DSS, CPS, etc. You may revoke your consent at any time, except to the extent that LCR has acted in reliance upon it. You may revoke your consent by submitting your request in writing to your primary counselor or another staff member at your program and following the revocation procedure in the electronic medical record when applicable. If you were mandated to treatment through the criminal legal system (including drug court, probation, parole, or impaired drivers’ system) and you sign a consent authorizing disclosures to elements of the criminal legal system such as the court, probation officers, parole officers, prosecutors, or other law enforcement, your right to revoke consent may be more limited and should be clearly explained on the consent you sign. Records, or testimony relaying the content of such records, shall not be used or disclosed in any civil, administrative, criminal, or legislative proceedings against you unless based on your specific written consent or a court order. Records shall only be used or disclosed based on a court order after notice and an opportunity to hear is provided to you (the patient) and/or the holder of the record, where required by 42 USC§290dd-2 and 42 CFR Part 2. A court order authorizing use or disclosure must be accompanied by a subpoena or other similar legal mandate compelling disclosure before the record is used or disclosed.
When Your Written Consent Is Not Required
- Disclosures to program staff for treatment, documentation, supervision, and healthcare operations.
- Bona fide medical emergencies to qualified medical personnel.
- Pursuant to a court order that complies with 42 CFR Part 2.
- Audits, evaluations, research, accreditation, or licensing reviews with appropriate safeguards.
- Reports of suspected child abuse or neglect as required by state law.
- Limited disclosures related to crimes committed on program premises or against program staff.
- Public health reporting in de-identified form only.
- Business associates performing services such as billing, laboratories, pharmacies, and record storage under agreement.
Your Rights
- To request access to and copies of your health records, subject to limited legal exceptions.
- To request amendments to your health information you believe is incorrect or incomplete.
- To receive an accounting of disclosures of Part 2 information for up to three years.
- To request restrictions on certain uses and disclosures (some restrictions must be honored for self-pay services).
- To request confidential communications at an alternate address or phone number.
- To receive a copy of this notice upon request and discuss it with the contact person at the end of the notice.
- To file a complaint without fear of retaliation.
- To receive notification if your unsecured health information is breached.
If your request for any of the above is denied, you have the right to request a review of the denial by the Program Director. To make any of the above requests, you must fill out the appropriate form that will be provided by the program.
Lexington Center for Recovery’s Duties
- Lexington Center for Recovery is required by law to maintain the privacy of your records, to provide patients with notice of its legal duties and privacy practices with respect to your records, and to notify affected patients following a breach of unsecured records.
- Lexington Center for Recovery is required by law to abide by the terms of the notice currently in effect.
- Lexington Center for Recovery reserves the right to change the terms of its notice and to make the new notice provisions effective for records that it maintains. The program will provide current patients with an updated notice in print.
Complaints and Further Information
- If you believe your privacy rights have been violated, you have the right to file a complaint with the Secretary of the U.S. Department of Health and Human Services and Lexington Center for Recovery, Inc. You may do so by contacting the HHS Office for Civil Rights or accessing https://www.hhs.gov/hipaa/filing-a-complaint/index.html. A patient is not required to report an alleged violation to the Secretary or part 2 program but may report to either or both.
- In order to file a complaint with Lexington Center for Recovery, Inc. please follow the program’s grievance procedure and/or by submitting a complaint directly to:Adrienne Marcus / Executive Director at (914) 666-0191
- Lexington Center for Recovery, Inc. will not retaliate against you for filing a complaint, nor will your care be affected.
