Notice of Privacy Practices for
Part 2 (SUD) Program
Notice of Privacy Practices: Part 2 (SUD) Program
FEDERAL LAW PROVIDES ADDITIONAL PRIVACY PROTECTIONS FOR PATIENT RECORDS FROM SOME CCWV SUBSTANCE USE DISORDER PROGRAMS
As described in Community Care of West Virginia’s (“CCWV’s”) Notice of Privacy Practices, patient medical records are protected by federal, state, and/or District of Columbia laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Certain substance use disorder records are also protected by federal regulations under 42 CFR Part 2 (“Part 2”). At CCWV, the Part 2 regulations apply to treatment records for patients treated at its Community Care Connections facilities for SUD.
Together these services and staff are CCWV’s Part 2 Programs. This notice for CCWV’s Part 2 Programs (“this Notice”) describes the additional confidentiality protections that apply to Part 2-protected records.
This notice:
Describes how Part 2-protected records may be used and disclosed;
Describes your rights with respect to your Part 2-protected records;
Describes how to file a complaint concerning a violation of the privacy of your Part 2-protected records, or of your rights concerning your Part 2-protected records;
Supplements CCWV’s Notice of Privacy Practices and describes the additional protections for Part 2-protected records; and
Applies only to your Part 2-protected records. This Notice does not apply to health information-related services you receive outside of CCWV’s Part 2 Programs. For example, records of an appointment with your primary care provider at CCWV, including if they screen you for a substance use disorder, are not covered by Part 2.
I. Uses and Disclosures of Part 2-Protected Records
CCWV will use and disclose your Part 2-protected records only as described in this Notice or with your written consent.
Using and Sharing Part 2-Protected Records without Consent: We are allowed to share your Part 2-protected records without your consent in the following situations:
To communicate among staff members within CCWV’s Part 2 programs and CCWV’s chronic care providers who treat you and who have a need for the information in connection with their duties to provide diagnosis, treatment, or referral for treatment;
To medical personnel in a medical emergency;
To qualified service organizations providing services on our behalf who agree in writing to protect the information in the same way that we are required to protect the information;
To law enforcement if you commit, or threaten to commit, a crime in our facilities or against our personnel;
To report suspected child abuse and neglect as required by applicable law;
To qualified personnel for research subject to approval and oversight laws;
To qualified personnel for audit or program evaluation who a) agree in writing to protect the information as required under our policies, b) represent federal, state, or local government agencies that are authorized by law to oversee our program, or c) provide financial assistance to the program or provide payment for health care; or
To a public health authority, if the information has been de-identified:
2. Consent Requirements for Using or Sharing Part 2-Protected Records:
When Consent is Required. We will ask for your consent to share your Part 2-protected records in situations not listed in the above Section I(a), including:
Treatment, payment, and operations purposes. To allow us to share your Part 2-protected records with the doctors treating you at CCWV, a hospital, or at another clinic; with your health insurance company so that we may be paid for the services you received from us, or for our quality improvement and other operations purposes, you must sign a Part 2 consent form.
Single consent: You may provide a single consent for all future uses or disclosures for treatment, payment, and health care operations purposes. If the recipient is a HIPAA-covered entity (such as another health care provider or insurance company) or a business associate (such as a company that assists a health care provider with storing medical records), they may disclose your information as permitted by HIPAA, except in civil, criminal, administrative, and legislative proceedings against you. Unless you opt-out, the consent also authorizes CCWV to share your Part 2-protected records with the health information exchanges (HIEs) that we participate in (WVHIN). HIEs provide a way for us to share your health information with other care providers (such as doctors’ offices, hospitals, labs, radiology centers, and other providers) through secure, electronic means. Please speak with your Part 2 provider for additional information.
Mandated Treatment. If you were mandated to receive treatment from CCWV’s Part 2 Programs through the criminal legal system (including drug court, probation, or parole), you must sign a separate consent form allowing us to share your Part 2-protected records with the criminal legal system, such as the court, probation officers, parole officers, prosecutors, or other law enforcement. The duration of your consent (how long it is in effect) and your right to revoke your consent may be more limited than under a standard Part 2 consent form.
Prescription Drug Monitoring Programs. If we are required by law to report SUD medications we prescribe or dispense to a state prescription drug monitoring program, we may disclose information protected by Part 2 with your written consent.
Civil, Criminal, Administrative, or Legislative Proceedings. To share your Part 2-protected records or testify about information in the records in a civil, criminal, administrative, or legislative investigation or proceeding against you, you must sign a separate Part 2 consent form.
Other Uses and Disclosures. CCWV will make uses and disclosures of Part 2-protected records not described in this Notice only with your consent.
Revoking (Canceling) Your Consent. You may revoke your consent at any time, except to the extent that CCWV has acted in reliance upon it. You may revoke consent by submitting a request in writing to your Part 2 Program provider’s office or to the CCWV Privacy Officer, or you may request reasonable accommodation for an alternative revocation process by contacting your Part 2 provider.
3. Using or Sharing Part 2-Protected Records in Lawsuits and Legal Actions.
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 you sign a specific consent form allowing the use or disclosure or a court orders the use or disclosure.
Records shall only be used or disclosed based on a court order after notice, and an opportunity to hear is provided to you and/or the holder of the record (CCWV), 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.
II. Your Rights Related to Your Part 2-Protected Records
As a patient in a CCWV Part 2 Program, you have the following rights regarding your Part 2-protected records:
Right to request restrictions. You have a right to request a restriction or limitation on the Part 2-protected records we use or disclose about you for purposes of treatment, payment, and health care operations, including when you have signed a consent for such disclosures. To request a restriction, submit your request in writing to the CCWV Privacy Officer (contact information provided below) and tell us: (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply. We will review your request. If we agree to your request, we may still share your information where needed for emergency care or where required by law.
Right to request and obtain restrictions on disclosures to your health insurer. You have the right to request and obtain restrictions of disclosures to your health plan for those services which you have paid (or which someone has paid on your behalf) in full. To request a restriction, follow the process in Section II(a) above. We will agree to your request, unless a law requires us to share the information with your health plan.
Right to an accounting of disclosures. You have the right to request an accounting (list) of the times we have shared your Part 2-protected records, including who we shared them with and the reason. To request an accounting of disclosures, submit your request in writing to the CCWV Privacy Officer (contact information provided below) and provide the time period for the accounting (not more than six years from the date of your request).
Right to a list of disclosures by an intermediary. If you consented to share your Part 2-protected records through an intermediary, you have a right to a list of disclosures by an intermediary for the past 3 years. To request a list of disclosures by an intermediary, submit your request to the intermediary.
Right to a copy of this notice and to discuss this Notice. Copies of this Notice are available from your Part 2 program and providers, from the CCWV Privacy Officer, and on the CCWV website at https://www.communitycarewv.org/.
Right to opt-out of fundraising communications. If you do not want to receive fundraising communication from CCWV, please submit your request to your Part 2 program.
III. Our Duties.
Maintaining the privacy of Part 2-protected records. CCWV’s Part 2 Programs are required by law to maintain the privacy of records, to provide patients with notice of its legal duties and privacy practices with respect to Part 2-protected records, and to notify affected patients following a breach of unsecured records.
Following this Notice. CCWV’s Part 2 Programs are required to abide by the terms of the Notice currently in effect.
Changing this Notice. CCWV’s Part 2 Programs reserves the right to change this Notice. We further reserve the right to make the revised or changed Notice effective for information that we already have about you, as well as any information that we receive in the future. We will post a copy of the current Notice on the CCWV website at https://www.communitycarewv.org/.
IV. Complaints. If you have questions or believe that your privacy rights have been violated, you may file a complaint with:
CCWV. Write to CCWV Privacy Officer, 37 W. Main St., Buckhannon, WV 26230, Attention: Compliance/Privacy Office, or email at Michele.Williams@ccwv.org or call 304-473-5660.
HHS. Secretary of the Department of Health and Human Services: Write to the U.S. Department of Health and Human Services Office for Civil Rights, 200 Independence Avenue, SW, Washington, DC 20201, or call 877.696.6775, or visit www.hhs.gov/ocr/privacy/hipaa/complaints. You will not be retaliated against for filing a complaint.
V. For Additional Information. If you have any questions about this Notice or its contents, please ask a Part 2 Program staff member. You may also contact CCWV’s Privacy Officer at Michele.Williams@ccwv.org or call 304-473-5660.
VI. Effective Date: This Notice is effective December 4, 2025, and amends in its entirety all prior CCWV Part 2 Notices.