Notice of Privacy Practices

Effective Date: 02/01/2026

This Notice is effective as of this date. We may revise this Notice and make the new terms effective for PHI and Part 2 records we already have as well as those we receive in the future. We will post the revised notice and make it available on request.          

THIS NOTICE DESCRIBES HOW MEDICAL, MENTAL HEALTH AND SUBSTANCE USE DISORDER (SUD) INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Our Legal Duty and Scope

• We are required by law to maintain the privacy of your protected health information (PHI).
• We must provide you with this Notice of Privacy Practices explaining our legal duties and privacy practices regarding your PHI, including SUD records protected under 42 CFR Part 2 (sometimes called “Part 2 records”).
• We must follow the terms of this notice as currently in effect. We reserve the right to change the terms of this notice and to make the new notice provisions effective for all PHI and Part 2 records that we maintain. If we materially change our privacy practices, we will post the revised notice and make it available upon request.
• This notice applies to all PHI held by Fond du Lac County that is subject to HIPAA, and to SUD treatment records subject to Part 2, to the extent we maintain or receive them.

How We May Use and Disclose Your Information

Below is a summary of permitted uses and disclosures. Where Part 2 applies, the uses and disclosures are more restricted; this notice tries to reflect those restrictions.

A. For Treatment, Payment, and Health Care Operations (TPO)

We may use and disclose your PHI, including Part 2 SUD information, without your authorization as needed for treatment, payment, and health care operations, but only within the limits imposed by HIPAA and Part 2. For example:

• Treatment: Sharing health information with other health care providers caring for you (e.g. referrals, coordination).
• Payment: Billing, claims management, collection activities.
• Health care operations: Quality assessment, credentialing, audits, compliance, training, case management.

If you have executed a single consent under Part 2 that permits future disclosures of your SUD records for TPO, we may rely on that single consent for disclosures to other Part 2 entities, HIPAA covered entities, or business associates (as permitted under the new Part 2 final rule).

We will include with any disclosure of Part 2 information a copy of the patient’s consent or a clear explanation of the scope of consent.

B. Other Permitted Disclosures Without Authorization

We also may use or disclose PHI (including SUD/Part 2 records) without your authorization under certain circumstances, subject to applicable laws (including Part 2). These include:

• As required by law (for example, mandatory reporting, public health, judicial or administrative proceedings).
• To prevent or lessen a serious and imminent threat to health or safety (consistent with our duty to act).
• For health oversight activities (audits, investigations, inspections).
• For research, under strict protocols (if approved).
• To law enforcement officials in specific circumstances.
• For organ donation or transplantation purposes.
• For workers’ compensation or similar programs.
• For specialized government functions (e.g. military, national security).

If a use or disclosure is prohibited or materially limited by another law (e.g. Part 2), we will follow the more stringent standard.

C. Examples of Uses and Disclosures

Below are illustrative examples of how we may use or disclose your information:

• Coordinating care with health care providers
• Submitting claims to insurers
• Reviewing the quality of care we provide
• Disclosing information to public health authorities, once properly de-identified
• Sharing SUD treatment records with other providers when you’ve given consent
• Disclosing PHI for law enforcement purposes (where permitted)

D. Fundraising

If we intend to use or disclose Part 2 records for fundraising for Fond du Lac County, we will first give you a clear and conspicuous opportunity to opt out of receiving such communications.

E. Redisclosure

Any PHI or SUD/Part 2 records disclosed to another entity (e.g. provider, insurer) may be redisclosed by the recipient and may no longer be protected by HIPAA or Part 2. We will include a notice on redisclosure whenever required.

F. Court-Ordered Disclosures of Part 2 Records

If a court order authorizes the use or disclosure of Part 2 records, it must be accompanied by a subpoena, or similar legal process compelling disclosure before the record may be used or disclosed. The individual must be given notice and an opportunity to be heard.

Your Rights Regarding Your Information

Below are rights you have under HIPAA and under the new Part 2 Rule (as applicable). Some rights may be delayed until required effective dates under the law.

• Right to Inspect and Copy – You may inspect and obtain a copy of your PHI, including Part 2 records, subject to certain limitations.
• Right to Request Amendment – You may request to amend your PHI (or Part 2 records) if you believe they are incorrect or incomplete. We may deny the request in certain cases.
• Right to an Accounting of Disclosures – You may request an accounting of disclosures we have made of your PHI (including Part 2 records) for up to three years prior to the request (or shorter period you choose). For disclosures made through an electronic health record for TPO, we must include them when the HIPAA accounting of disclosures rule requires it.
• Right to Request Restrictions – You may request that we restrict certain uses or disclosures of your PHI or Part 2 records. We are not required to agree to the request, except under certain situations (e.g. if you pay out of pocket in full for an item or service).
• Right to Request Alternative Communications – You may request that we communicate with you in a different way or at an alternate address (e.g. by phone, mail, email).
• Right to a Paper Copy of This Notice – You may request a paper copy even if you already received it electronically.
• Right to Opt-Out of Fundraising Communications – If we use your Part 2 records for fundraising, you may elect not to receive fundraising communications.
• Right to File a Complaint – If you believe your privacy rights have been violated, you may file a complaint with us and/or with the U.S. Department of Health and Human Services Office for Civil Rights (OCR). We will not retaliate against you for filing a complaint.

How to Exercise Your Rights / Contact Us

To exercise any of your rights, please contact:

Fond du Lac County Department of Human Services
Attn: Privacy Officer
459 E. 1st Street, Fond du Lac, WI  54935
Phone: 920-929-3559                 

When you request access, amendment, accounting, or restriction, we will respond within the timeframes required by law (or notify you of a delay if permitted).

Complaints

If you believe your privacy rights have been violated, you can file a complaint with Fond du Lac County at the office of the Director of Administration, Fourth Floor, City/County Government Center, 160 S Macy, Fond du Lac, WI 54935, telephone (920) 929-3156. There will be no retaliation for filing a complaint.

Any person who believes that a covered entity is not complying with the requirements of HIPAA may file a complaint with the Secretary of Health and Human Services within 180 days of the occurrence. Complaints may be filed in writing with the Office of Civil Rights, Region V, U.S. Department of Health and Human Services, 233 Michigan Ave., Suite 240, Chicago, IL 60601. Phone: (312)886-2359, Fax: (312) 886-1807, TTD: (312) 353-5693.

Email:      OCRComplaint@hhs.gov

https://www.hhs.gov/hipaa/filing-a-complaint/index.html

Consumers will not be asked to waive their right to file a complaint in order to receive treatment or services and the filing of a complaint will not interfere with their health care.  Office of Civil Rights 1-866-627-7748.

Additional State or Local Laws

In some cases, more protective state or local laws may apply to your PHI or SUD records. When such laws are stricter than federal law, we will abide by the more protective standard.