Effective April 14, 2003

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.  PLEASE REVIEW IT CAREFULLY.

First Sun EAP believes in confidentiality and privacy to the fullest extent allowed by applicable law. Protecting health information is very important to us and we therefore want you to have a solid understanding of how we use and safeguard your information. If this Notice leaves you with any questions or concerns, please call us at 1-800-968-8143. We are available 24 hours a day.

Protected Health Information (PHI) is individually identifiable information (including demographic information) relating to your health, to the health care provided to you or to payment for health care. This Notice of Privacy Practice describes how First Sun EAP may use and disclose your PHI in order to carry out treatment, payment and health care operations, and for other purposes permitted or required by law. It also describes your rights to access and control your PHI.

OUR DUTIES
First Sun EAP is required by law to maintain the privacy of your PHI and to abide by the terms of this Notice. We may modify our policies at any time and any material change will be paired with a modification of the terms in this Notice. The new policy and Notice will be effective for all PHI we create, receive or maintain, including any received or created prior to the date of such change. Upon request, we will provide you with any revised Notice or you can review the Notice by accessing our website at www.firstsuneap.com.

USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION
First Sun EAP uses PHI about you for treatment, payment, and operational purposes. We do not require authorization to use your PHI for these purposes. We may also use or disclose your PHI without your authorization for several other reasons. Subject to certain requirements, we may disclose health information without your authorization for public health reasons, for auditing purposes, and for emergency situations.

Treatment
First Sun EAP may use and disclose your PHI (public health information) to assist your health care providers in your diagnosis and treatment. For example, we may disclose your PHI to providers to facilitate appropriate referrals.

Payment
First Sun EAP may use and disclose your PHI in order to pay for the services and items you may receive. For example, we may contact your health provider to certify that you received treatment (and for what range of benefits), and we may request details regarding your treatment to determine if your benefits will cover, or pay for, your treatment.

Health Care Operations
First Sun EAP may use and disclose your PHI to perform health care operations. For example, we may use your PHI to provide pre-certification to health providers or to obtain pre-certification from a third party on your behalf.  In addition to the above-mentioned uses of your PHI related to treatment, payment, and health care operations, First Sun EAP may also use your PHI for the following purposes:

Appointment Reminders
First Sun EAP has the right to use and disclose your PHI to contact you and remind you of appointments.  Health Related Benefits and Services: First Sun EAP may use and disclose PHI to inform you of health related benefits or services that may be of interest to you.

Release of Information to Family and Friends
First Sun EAP may release your PHI to a friend or family member identified by you that is helping you pay for your health care, who participates in health services with you, or who assists in taking care of you.

Disclosures Required by Law
First Sun EAP will use and disclose your PHI when we are required to do so by federal, state, or local law.  In addition to the above described uses and disclosures of your PHI, First Sun EAP may also use and disclose your PHI under the following unique circumstances:

Public Health Risks
First Sun EAP may disclose your PHI to public health authorities that are authorized by law to collect information for the purpose of: Reporting child or elder abuse or neglect, Notifying appropriate government agencies and authorities regarding the potential abuse or neglect of an adult patient (including domestic violence); however, we will only disclose this information if the client agrees or we are required or authorized by law to disclose this information, Preventing or controlling disease, injury, or disability, Notifying a person regarding potential exposure to a communicable disease, Notifying a person regarding the potential risk for spreading or contracting a disease or condition; and Notifying your employer under limited circumstances related to safety or security of the workplace.

Serious Threats to Health or Safety
First Sun EAP may use and disclose your PHI when necessary to reduce or prevent a serious threat to your health and safety or the heath and safety of another individual or the public. Under these circumstances, we will only make disclosures to a person or organization as mandated by law or that we reasonably perceive to be able to help prevent the threat.

Law Enforcement
First Sun EAP may disclose PHI if asked to do so by a law enforcement official: regarding a crime victim in certain situations, if we are unable to obtain the client’s agreement, concerning a death we believe might have resulted from criminal conduct, regarding criminal conduct at our offices, in response to a warrant, summons, court order, subpoena, or similar legal process, to identify and/or locate a suspect, material witness, fugitive, or missing person; and in an emergency to report a crime (including the location or victim(s) of the crime, or the description, identity, or location of the perpetrator).

Health Oversight Activities
First Sun EAP may disclose your PHI to a health oversight agency for activities authorized by law. Oversight activities can include, for example, investigations, inspections, audits, surveys, licensure, and disciplinary actions; civil, administrative, and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws, and the heath care system in general.

Lawsuit and Similar Proceedings
First Sun EAP may use and disclose your PHI in response to a court or administrative order. We may also disclose your PHI in response to a discovery request, subpoena, or other lawful process but only if we have made an effort to inform you of the request or to obtain an order protecting the information the party has requested.

Military and Veterans’ Activities
First Sun EAP may use and disclose your PHI if you are a member of the United States or foreign military forces (including veterans) and if required by the appropriate military command authorities.

National Security
First Sun EAP may use and disclose your PHI to federal officials for intelligence and national security activities authorized by law. We also may disclose your PHI to federal officials in order to protect the President, other officials, or foreign heads of state, or to conduct investigations.

Correctional Institutions and Inmates
First Sun EAP may disclose your PHI to correctional institutions or law enforcement officials if you are an inmate or under the custody of a law enforcement official. Disclosure for these purposes would be necessary: (a) for the institution to provide health care services to you, (b) for the safety and security of the institution and/or, (c) to protect your health and safety or the health and safety of other individuals.

Workers’ Compensation
First Sun EAP may release your PHI for workers’ compensation and similar programs such as Dept. of Transportation, Dept. of Defense, or Nuclear Regulatory Commission.

The Right to Inspect and Copy
You have the right to inspect and obtain a copy of your PHI that we maintain and have in our possession, including health records (if we maintain any) and billing records, but not including psychotherapy notes. If you request copies, we may charge you a fee for the costs of copying, mailing, labor, and supplies associated with your request. To inspect and copy your PHI, you must submit your request in writing. Under certain circumstances, we may deny your request to inspect and copy your PHI. If you are denied access to health information, you have a right to have that determination reviewed. The First Sun EAP Privacy Officer will review your request and the denial. The Privacy Officer will not be the person who denied your request. First Sun EAP promises to comply with the outcome of the review.

The Right to Amend Your PHI
If you feel that any PHI First Sun EAP has about you is not correct or is incomplete, you may ask us to amend the information. You have the right to request an amendment for us as long as the information is kept by First Sun EAP. To request an amendment, your request must be in writing. First Sun EAP reserves the right to deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: was not created by First Sun EAP, unless the person or entity that created the information is no longer available to make the amendment, is not part of the health information kept by or for First Sun EAP, is not part of the information which you would be permitted to inspect and copy; or is accurate and complete.

The Right to an Accounting of Disclosures
An accounting of disclosures is a list of the disclosures we have made, if any, of your PHI. You have the right to request an accounting of disclosures. This right applies to disclosures for purposes other than those made to carry out treatment, payment, and health care operations as described in this Notice. It excludes disclosures made to you, or those made for notification purposes. Your request must be in writing and state a period that cannot be longer than six years and is not applicable to dates before April 14, 2003. Your request should indicate in what form you want the list (e.g. paper, electronically). The first response is free but we may charge you for the cost of providing an additional list within 12 months. We will notify you of the costs involved and you may choose to withdraw or modify your request at that time before you incur any costs.

The Right to Request Communications of PHI by Alternative Means or Alternative Locations
You have the right to request that First Sun EAP communicate with you about your health and related issues in a particular manner or at a certain location. For example, you may ask that we contact you at work rather than at home. We will accommodate all reasonable requests.

The Right to Request Restrictions
You have the right to request a restriction or limitation on the PHI we use or disclose about you for treatment, payment, or health care operations as described in this Notice. You also have the right to request a limit on the health information we disclose about you to someone who is involved in your care or the payment for your care (like a family member or friend), or for notification purposes as described in this Notice. First Sun EAP is not required to agree to your request. However, if we do agree, we will comply with your request until we receive notice from you that you no longer want the restriction to apply (except as required by law or in emergency situations). Any requests for a restriction on our use and disclosure of your PHI must be in writing. Your request must describe in a clear and concise manner: (a) the information you wish restricted, (b) whether you are requesting to limit First Sun EAP’s use, disclosure, or both, and (c) to whom you want the limits to apply.

The Right to Provide an Authorization for Other Use and Disclosures
First Sun EAP will obtain your written authorization for uses and disclosures that are not identified by this Notice or permitted by applicable law. Any authorization you provide to us regarding the use and disclosure of your PHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose your PHI for the purpose described in the authorization, except to the extent we have taken action in reliance upon your authorization before we received your written revocation.

The Right to Obtain a Paper Copy of This Notice
Upon request, you have a right to a paper copy of this Notice, even if you have agreed to accept this Notice electronically.

Rights of Clients to File Complaints
Clients have a right to submit a complaint if they believe that First Sun EAP has improperly used or disclosed their protected information, or if they have concerns about the privacy policies of First Sun EAP or concerns about First Sun EAP’s compliance with such policies. Complaints may be filed with First Sun EAP Compliance Officer by calling 1-800-968-8143 or 803-376-2668 in Greater Columbia, by emailing us or by writing to First Sun EAP, 2700 Middleburg Drive, Suite 208, Columbia, SC 29204, Attention: Compliance Officer. Complaints may also be filed with the US Department of Health and Human Services. For the address of the appropriate regional office of DHHS, please contact the Compliance Officer. First Sun EAP cannot and will not retaliate against you for filing a complaint with either the Compliance Officer or DHHS.

How to Contact Us
If you have any questions about this Notice or you want to submit a written request to First Sun EAP as required in any of the previous sections of this Notice, please call 1-800-968-8143 or 803-376-2668 in Greater Columbia, email us or write to us at First Sun EAP, 2700 Middleburg Drive, Suite 208, Columbia, SC 29204, Attention: Compliance Officer.