Privacy Practices
Committed to protecting your health information.
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW
IT CAREFULLY.
I. MY PLEDGE REGARDING HEALTH INFORMATION:
I understand that health information about you and your health care is
personal. I am committed to protecting health information about you. I
create a record of the care and services you receive from me. I need
this record to provide you with quality care and to comply with certain
legal requirements. This notice applies to all of the records of your
care generated by this mental health care practice. This notice will
tell you about the ways in which I may use and disclose health
information about you. I also describe your rights to the health
information I keep about you, and describe certain obligations I have
regarding the use and disclosure of your health information. I am
required by law to:
- Make sure that protected health information (“PHI”) that identifies you is kept private.
- Give you this notice of my legal duties and privacy practices with respect to health information.
- Follow the terms of the notice that is currently in effect.
- I can change the terms of this Notice, and such changes will apply
to all information I have about you. The new Notice will be available
upon request, in my office, and on my website.
II. HOW I MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU:
The following categories describe different ways that I use and disclose
health information. For each category of uses or disclosures I will
explain what I mean and try to give some examples. Not every use or
disclosure in a category will be listed. However, all of the ways I am
permitted to use and disclose information will fall within one of the
categories.
For Treatment Payment, or Health Care Operations: Federal privacy
rules (regulations) allow health care providers who have direct
treatment relationship with the patient/client to use or disclose the
patient/client’s personal health information without the patient’s
written authorization, to carry out the health care provider’s own
treatment, payment or health care operations. I may also disclose your
protected health information for the treatment activities of any health
care provider. This too can be done without your written authorization.
For example, if a clinician were to consult with another licensed health
care provider about your condition, we would be permitted to use and
disclose your personal health information, which is otherwise
confidential, in order to assist the clinician in diagnosis and
treatment of your mental health condition.
Disclosures for treatment purposes are not limited to the minimum
necessary standard. Because therapists and other health care providers
need access to the full record and/or full and complete information in
order to provide quality care. The word “treatment” includes, among
other things, the coordination and management of health care providers
with a third party, consultations between health care providers and
referrals of a patient for health care from one health care provider to
another.
Lawsuits and Disputes: If you are involved in a lawsuit, I may
disclose health information in response to a court or administrative
order. I may also disclose health information about your child in
response to a subpoena, discovery request, or other lawful process by
someone else involved in the dispute, but only if efforts have been made
to tell you about the request or to obtain an order protecting the
information requested.
III. CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION:
- Psychotherapy Notes. I do keep “psychotherapy notes” as that term
is defined in 45 CFR § 164.501, and any use or disclosure of such notes
requires your Authorization unless the use or disclosure is:
- For my use in treating you.
- For my use in training or supervising mental health practitioners
to help them improve their skills in group, joint, family, or individual
counseling or therapy.
- For my use in defending myself in legal proceedings instituted by you.
- For use by the Secretary of Health and Human Services to investigate my compliance with HIPAA.
- Required by law and the use or disclosure is limited to the requirements of such law.
- Required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes.
- Required by a coroner who is performing duties authorized by law.
- Required to help avert a serious threat to the health and safety of others.
- Marketing Purposes. As a psychotherapist, I will not use or disclose your PHI for marketing purposes.
- Sale of PHI. As a psychotherapist, I will not sell your PHI in the regular course of my business.
IV. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION.
Subject to certain limitations in the law, I can use and disclose your PHI without your Authorization for the following reasons:
- When disclosure is required by state or federal law, and the use or
disclosure complies with and is limited to the relevant requirements of
such law.
- For public health activities, including reporting suspected child,
elder, or dependent adult abuse, or preventing or reducing a serious
threat to anyone’s health or safety.
- For health oversight activities, including audits and investigations.
- For judicial and administrative proceedings, including responding
to a court or administrative order, although my preference is to obtain
an Authorization from you before doing so.
- For law enforcement purposes, including reporting crimes occurring on my premises.
- To coroners or medical examiners, when such individuals are performing duties authorized by law.
- For research purposes, including studying and comparing the mental
health of patients who received one form of therapy versus those who
received another form of therapy for the same condition.
- Specialized government functions, including, ensuring the proper
execution of military missions; protecting the President of the United
States; conducting intelligence or counter-intelligence operations; or,
helping to ensure the safety of those working within or housed in
correctional institutions.
- For workers’ compensation purposes. Although my preference is to
obtain an Authorization from you, I may provide your PHI in order to
comply with workers’ compensation laws. 10 Appointment reminders and
health related benefits or services. I may use and disclose your PHI to
contact you to remind you that you have an appointment with me. I may
also use and disclose your PHI to tell you about treatment alternatives,
or other health care services or benefits that I offer.
V. CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT.
- Disclosures to family, friends, or others. I may provide your PHI
to a family member, friend, or other person that you indicate is
involved in your care or the payment for your health care, unless you
object in whole or in part. The opportunity to consent may be obtained
retroactively in emergency situations.
VI. YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI:
- The Right to Request Limits on Uses and Disclosures of Your PHI.
You have the right to ask me not to use or disclose certain PHI for
treatment, payment, or health care operations purposes. I am not
required to agree to your request, and I may say “no” if I believe it
would affect your health care.
- The Right to Request Restrictions for Out-of-Pocket Expenses Paid
for In Full. You have the right to request restrictions on disclosures
of your PHI to health plans for payment or health care operations
purposes if the PHI pertains solely to a health care item or a health
care service that you have paid for out-of-pocket in full.
- The Right to Choose How I Send PHI to You. You have the right to
ask me to contact you in a specific way (for example, home or office
phone) or to send mail to a different address, and I will agree to all
reasonable requests.
- The Right to See and Get Copies of Your PHI. Other than
“psychotherapy notes,” you have the right to get an electronic or paper
copy of your medical record and other information that I have about you.
I will provide you with a copy of your record, or a summary of it, if
you agree to receive a summary, within 30 days of receiving your written
request, and I may charge a reasonable, cost based fee for doing so.
- The Right to Get a List of the Disclosures I Have Made.You have the
right to request a list of instances in which I have disclosed your PHI
for purposes other than treatment, payment, or health care operations,
or for which you provided me with an Authorization. I will respond to
your request for an accounting of disclosures within 60 days of
receiving your request. The list I will give you will include
disclosures made in the last six years unless you request a shorter
time. I will provide the list to you at no charge, but if you make more
than one request in the same year, I will charge you a reasonable cost
based fee for each additional request.
- The Right to Correct or Update Your PHI. If you believe that there
is a mistake in your PHI, or that a piece of important information is
missing from your PHI, you have the right to request that I correct the
existing information or add the missing information. I may say “no” to
your request, but I will tell you why in writing within 60 days of
receiving your request.
- The Right to Get a Paper or Electronic Copy of this Notice. You
have the right get a paper copy of this Notice, and you have the right
to get a copy of this notice by e-mail. And, even if you have agreed to
receive this Notice via e-mail, you also have the right to request a
paper copy of it.
Acknowledgement of Receipt of Privacy Notice
Under the Health Insurance Portability and Accountability Act of 1996
(HIPAA), you have certain rights regarding the use and disclosure of
your protected health information. By checking the box below, you are
acknowledging that you have received a copy of HIPAA Notice of Privacy
Practices.