Effective date 2/25/2026

This notice describes:
HOW HEALTH 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 YOU HAVE A RIGHT TO A COPY OF THIS NOTICE (IN PAPER OR ELECTRONIC FORM) AND TO DISCUSS IT WITH JEFF DUFOUR THE DIRECTOR OF OPERATIONS AT 413-645-3717 or jeff@berkshiremountaindetox.com IF YOU HAVE ANY QUESTIONS.

  1. Federal Protections – Under 42 CFR Part 2, your substance use disorder (SUD) treatment records are protected by federal law at Berkshire Mountain Health. We may use or disclose your substance use disorder treatment information as permitted by 42 CFR Part 2, including pursuant to your written consent or under specific limited exceptions described below.
    1. Treatment, Payment, and Health Care Operations (TPO)
      1. Treatment: Coordinating or managing your healthcare services with other providers involved in your care as permitted under 42 CFR Part 2 and HIPAA.
      2. Payment: Disclosing necessary information to obtain payment for services provided to you.
      3. Health Care Operations: Supporting practice operations such as quality assessment, staff training, accreditation, and administrative activities. This does not include marketing or fundraising activities, which require your separate written consent.
      4. Information disclosed pursuant to your written consent for treatment, payment, or health care operations may be further used or disclosed by the recipient in accordance with HIPAA, except that such information may not be used in civil, criminal, administrative, or legislative proceedings against you without your specific written consent or a court order meeting 42 CFR Part 2
        requirements.
    2. Medical Emergencies: We may disclose your information to medical personnel if you experience a bona fide medical emergency in which your prior written consent cannot be obtained.
    3. Qualified Service Organizations (QSOs): We may disclose your information to entities that provide contracted services (e.g., labs, billing, IT, or case management) under a Qualified Service Organization Agreement (QSOA).
    4. Public Health Reporting: We may disclose de-identified health information for public health purposes as required by law. Identifiable information may only be disclosed under a legally permitted exception under 42 CFR Part 2
    5. Reports of Child Abuse or Neglect: We may report suspected child abuse or neglect to appropriate authorities in compliance with state and federal reporting laws. However, this does not include disclosure of your treatment records unless required by law.
    6. Crimes on Program Premises or Against Program Personnel: If you commit or threaten to commit a crime on our premises or against our staff, we may report this incident, including limited identifying information, to law enforcement.
    7. Audits, Evaluations, and Legal Compliance: We may disclose your information to authorized federal or state agencies for audits, investigations, or compliance reviews, but such information cannot be used against you in a legal proceeding unless authorized by law.
    8. Court Orders: Your information may only be disclosed in response to a valid court order that meets strict 42 CFR Part 2 requirements.
    9. Federal Confidentiality and Prohibition on Redisclosure: Records relating to your substance use disorder treatment are protected by federal law (42 CFR Part 2), and any recipient of this information may not further disclose it unless expressly permitted by your written consent or as otherwise allowed by 42 CFR Part 2, and a general authorization for the release of medical or other information is not sufficient to authorize such redisclosure.
  2. Prohibited or Limited Disclosures by Law– If any of the above disclosures are restricted by more stringent state or federal laws, we will comply with the most restrictive requirements to protect your information. We may not disclose your treatment records to law enforcement for the purposes of criminal investigation or prosecution unless we have your written consent or a court order that meets the strict requirements of 42 CFR Part 2.
  3. Uses and Disclosures Requiring Written Authorization – We will not use or disclose your protected health information for purposes other than those described in this Notice unless we obtain your written authorization. Psychotherapy notes and certain marketing or sale-related disclosures require separate written authorization as required by law. You may provide a single written consent for treatment, payment, and health care operations as permitted by 42 CFR Part 2, and you may revoke your authorization in writing at any time; however, revocation applies only to future disclosures and does not affect information already disclosed in reliance on your authorization.
  4. Disclosure of reproductive health information – We will not use or disclose protected health information for the purpose of investigating or taking action against individuals for obtaining, providing, or facilitating lawful reproductive health care. These protections apply when the care was lawful where it was provided, regardless of the laws of another state. When required by federal law, requests for such information must include a written attestation confirming that the request is not for a prohibited purpose. These protections apply in addition to the confidentiality protections provided under 42 CFR Part 2.
  5. Prohibition on Use in Legal Proceedings – Records, or testimony relaying the content of such records, will not be used or disclosed in any civil, criminal, administrative, or legislative proceedings against you unless based on specific written consent or a court order. Records may only be disclosed pursuant to a court order that complies with the specific requirements of 42 CFR Part 2. A subpoena alone is not sufficient to authorize disclosure.
  6. Your Rights Regarding Your Health Information – You have several rights under 42 CFR Part 2 and HIPAA:
    1. Restrictions – You may request restrictions on certain uses and disclosures of your information. Requests must be made in writing and specify the restriction requested. We are not required to agree to most restrictions, but if we do, we will comply except as otherwise permitted or required by law. If you pay for services out-of-pocket in full, you may require us not to disclose information about those services to your health plan for payment or health care operations, and we must honor that request.
    2. Right to Restrict Disclosures to Health Plans – If you pay for services out-of-pocket in full, you can request that we not disclose your information to your health plan for payment or healthcare operations. We are required to comply with this request.
    3. Right to Request Confidential Communications – You have the right to request that we communicate with you about your health in a specific way or at a specific location. We will accommodate reasonable requests.
    4. Right to Access and Copy Your Health Information – You have the right to inspect and obtain a copy of your protected health information as permitted by applicable law.
    5. Right to Amend Your Health Information – You may request an amendment to your information if you believe it is incorrect or incomplete.
    6. Right to an Accounting of Disclosures – You have the right to receive an accounting of certain disclosures of your protected health information as required by HIPAA and 42 CFR Part 2.
    7. Right to a Paper or Electronic Copy of This Notice – You may request a paper or electronic copy of this Notice at any time.
    8. Fundraising Communications: You have the right to elect not to receive fundraising communications.
  7. Our Duties as a Part 2 Program – We are required by law to maintain the privacy and security of your protected health information, to provide you with this Notice of Privacy Practices, and to abide by its terms. We will notify you without unreasonable delay if a breach compromises the privacy or security of your information. We reserve the right to change the terms of this Notice and make the revised terms effective for all protected health information we maintain. As a 42 CFR Part 2 program, we may not intimidate, threaten, coerce, discriminate against, or retaliate against you for exercising your rights or filing a complaint, and we may not require you to waive your right to file a complaint as a condition of receiving services.
  8. Complaints – If you believe your privacy rights have been violated, you may file a complaint with us and / or with the Secretary of Health and Human Services. To file a complaint with us, contact Berkshire Mountain Health:

Berkshire Mountain Health
Jeff Dufour, Director of Operations
Phone: 413-645-3717
Email: jeff@berkshiremountaindetox.com
Address: 446 Monterey Road, Great Barrington MA, 01230

U.S. Department of Health and Human Services
Phone: 1-800-368-1019, TDD: 1-800-537-7697
Address: 200 Independence Avenue, S.W. Room 509F, HHH Building,Washington, D.C. 20201
Website: https://ocrportal.hhs.gov/ocr/cp/complaint_frontpage.jsf