Client Privacy Policies & HIPPA

 

 

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

  1. PLEDGE REGARDING HEALTH INFORMATION:

Your provider understands that health information about you and your health care is personal. Your provider is committed to protecting health information about you. Your provider will create a record of the care and services you receive from them. Your  provider needs 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 your provider. This notice will tell you about the ways in which your provider may use and  disclose health information about you. This notice also describes your rights to the health information your provider keeps about you  and describes certain obligations they have regarding the use and disclosure of your health information. Your provider is required by  law to:

  • Make sure that protected health information (“PHI”) that identifies you is kept private.
  • Give you this notice of our (ALL IN) legal duties and privacy practices with respect to health information.
  • Follow the terms of the notice that is currently in effect.
  • Your provider 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 ALL IN offices, and on the patient portal.
  1. USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU:

The following categories describe different ways that your provider may use and disclose health information. For each category of  uses or disclosures, an explanation and example will be provided; the list is not exhaustive, however, the following categories outline  the parameters of permitted disclosure.

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 operation. Your provider 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 providers and other health care  providers need access to the full record and/or full and complete information 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, your provider may disclose health information in response to a court or  administrative order. Your provider 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 inform you of the  request or to obtain an order protecting the information requested.

III. CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION:

  1. Psychotherapy Notes. Your provider may 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: a.) For treating you. b.) For use in  training or supervising mental health practitioners to help them improve their skills in group, joint, family, or individual  counseling or therapy. c.) For use in defense in legal proceedings instituted by you. d.) For use by the Secretary of Health in  Human Services to investigate my compliance with HIPAA. e.) Required by law and the use or disclosure is limited to the  requirements of such law. f.) Required by law for certain health oversight activities pertaining to the originator of the  psychotherapy notes. g.) Required by a coroner who is performing duties authorized by law. h.) Required to help avert a  serious threat to the health and safety of others.
  2. Marketing Purposes. Your provider will not use or disclose your PHI for marketing purposes.
  3. Sale of PHI. Your provider will not sell your PHI in the regular course of business.

 

  1. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION.

Subject to certain limitations in the law, we can use and disclose your PHI without your authorization for the following reasons:

  1. 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.
  2. 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.
  3. For health oversight activities, including audits and investigations.
  4. For judicial and administrative proceedings, including responding to a court or administrative order, although your  provider’s preference is to obtain an authorization from you before doing so.
  5. For law enforcement purposes, including reporting crimes occurring on ALL IN premises.
  6. To coroners or medical examiners when such individuals are performing duties authorized by law.  7. For research purposes, including studying and comparing the mental health of patients who received one form of therapy  versus those who receive another form of therapy for the same condition.
  7. 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.
  8. For workers’ compensation purposes. Although your provider’s preference is to obtain an authorization form from you, they  may provide your PHI to comply with workers’ compensation laws.
  9. Appointment reminders and health related benefits or services. Your provider may use and disclose your PHI to contact you  to remind you that you have an appointment with them. Your provider may also use and disclose your PHI to tell you about  treatment alternatives, or other health care services or benefits that we offer.
  10. CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT.  Disclosures to family, friends, or others. Your provider 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.
  11. YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI:
  12. The Right to Request Limits on Uses and Disclosures of your PHI. You have that right to ask your provider not to use or  disclose certain PHI for treatment, payment, or health care operations purposes. Your provider is not required to agree to  your request and may say “no” if it is believed it would affect your health care.
  13. 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 PHU to health plans for payment or health care operations purposes of the PHI pertains solely to a health  care item or a health care service that you have paid for out-of-pocket in full.
  14. The Right to Choose How PHI is Received. You have the right to ask your provider to contact you in a specific way (for  example, home of office phone) or to send mail to a different address and your provider will agree to all reasonable  requests.
  15. 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 your provider has about you. Your provider will provide you 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.  You may be charged a reasonable, cost-based fee for doing so.
  16. The Right to Get a List of the Disclosures Made. You have the right to request a list of instances in which your provider  disclosed your PHI for purposes other than treatment, payment, or health care operations, or for which you provided me  with an Authorization. Your provider will respond to your request for an accounting of disclosures within 60 days of  receiving your request. The list that will be fiver to you will include disclosures made in the last six years unless you request a  shorter time. Your provider will provide the list to you at no charge, but if you make more than one request in the same  year, you will be charged a reasonable cost-based fee for each additional request.
  17. 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 a correction to the existing information or for your  provider to add the missing information. Your provider may say “no” to your request but will tell you why in writing within 60 days of receiving your request.
  18. The Right to Get a Paper or Electronic Copy of this Notice. You have the right to get a paper copy of this Notice. You may  request to receive this notice via e-mail or paper or both.

 

 

You may file a complaint with the Department of Health and Human Services, 200 Independence Avenue, S.W., Room 509F, Washington DC, 20201.

 

EFFECTIVE DATE OF THIS NOTICE

This notice went into effect on August 1st, 2019.

 

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