Notice of Privacy Practices (HIPAA)

EFFECTIVE DATE OF THIS NOTICE This notice went into effect on February 28, 2023

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. OUR PLEDGE REGARDING HEALTH INFORMATION:

We understand that health information about you and your health care is personal. We are committed

to protecting your health information about you. We create a record of the care and services you

receive from our facility. We 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 we may use and disclose

health information about you. We also describe your rights to the health information we keep about

you, and describe certain obligations we have regarding the use and disclosure of your health

information. We are required by law to:

• Make sure that protected health information (“PHI”) that identifies you is kept private.

• Give you this notice of our legal duties and privacy practices with respect to health

information.

• Follow the terms of the notice that is currently in effect.

• We can change the terms of this Notice, and such changes will apply to all information we

have about you. The new Notice will be available upon request, in our office, and on our

website.

II. HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU:

The following categories describe different ways that we use and disclose health information. For

each category of uses or disclosures, We will explain what we mean and try to give some examples.

Not every use or disclosure in a category will be listed. However, all of the ways we 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

healthcare 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. We may also disclose your protected health information for the treatment activities of

any healthcare 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, we may disclose health information in

response to a court or administrative order. We may also disclose health information about your

child in response to a subpoena, discovery request, or other lawful processes 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:

1. Psychotherapy Notes. We 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:

a. For our use in treating you.

b. For our 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 our use in defending myself in legal proceedings instituted by you.

d. For use by the Secretary of Health and 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. As psychotherapists, we will not use or disclose your PHI for

marketing purposes.

3. Sale of PHI. As psychotherapists, we will not sell your PHI in the regular course of our

business.

IV. 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. 3. 4. 5. 6. 7. 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 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.

8. 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.

9. For workers’ compensation purposes. Although my preference is to obtain authorization

from you, we may provide your PHI in order to comply with workers’ compensation laws.

10 Appointment reminders and health-related benefits or services. We may use and disclose

your PHI to contact you to remind you that you have an appointment. We may also

use and disclose your PHI to tell you about treatment alternatives, or other healthcare

services or benefits.

V. CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY

TO OBJECT.

1. Disclosures to family, friends, or others. We may provide your PHI to a family member,

friend, or other persons 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:

1. 2. The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to

ask us not to use or disclose certain PHI for treatment, payment, or health care

operations purposes. We are not required to agree to your request, and we may say “no” if we

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.3. The Right to Choose How We Send PHI to You. You have the right to ask us to contact you

in a specific way (for example, at home or office phone) or to send mail to a different

address, and we will agree to all reasonable requests.

4. 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 we have about you. We 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 we may charge a reasonable, cost-based fee for doing so.

5. The Right to Get a List of the Disclosures We Have Made. You have the right to request a

list of instances in which we have disclosed your PHI for purposes other than treatment,

payment, or healthcare operations, or for which you provided us with authorization. We

will respond to your request for an accounting of disclosures within 60 days of receiving

your request. The list we will give you will include disclosures made in the last six years

unless you request a shorter time. We will provide the list to you at no charge, but if you

make more than one request in the same year, we will reserve the right to charge you a reasonable cost-based

fee for each additional request.

6. 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 we correct the existing information or add the missing information. We

may say “no” to your request, but we will tell you why in writing within 60 days of

receiving your request.

7. The Right to Get a Paper or Electronic Copy of this Notice. You have the right to 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.

Acknowledgment 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 the HIPAA Notice of

Privacy Practices.

Practice Policies

APPOINTMENTS AND CANCELLATIONS:

Please remember to cancel or reschedule 24 hours in advance. You will be responsible for the

entire fee if cancellation is less than 24 hours.

The standard meeting time for psychotherapy is 60 minutes. It is up to you, however, to

determine the length of time of your sessions. Requests to change the 60-minute session needs to

be discussed with the therapist in order for time to be scheduled in advance.

Cancellations and the re-scheduled session will be subject to a full charge if NOT RECEIVED

AT LEAST 24 HOURS IN ADVANCE. This is necessary because a time commitment is made to

you and is held exclusively for you. If you are late for a session, you may lose some of that

session time.

 

TELEPHONE ACCESSIBILITY:

If you need to contact us between sessions, please leave a

message on our business voicemail and avoid using any PHI (Personal Health Information) when leaving a message. We are sometimes not immediately available; however, we will attempt to

return your call within 48 hours. If a true emergency situation arises, please call 911 or 988 or go to the nearest

local emergency room.

 

SOCIAL MEDIA AND TELECOMMUNICATION:

Due to the importance of your confidentiality and the importance of minimizing dual

relationships, our psychotherapists do not accept friend or contact requests from current or former clients on any

social networking site (Facebook, LinkedIn, etc). We believe that adding patients as friends or

contacts on these sites can compromise your confidentiality and our respective privacy. It may

also blur the boundaries of our therapeutic relationship. If you have questions about this, please

bring them up when we meet, and we can talk more about it.

 

ELECTRONIC COMMUNICATION:

We cannot ensure the confidentiality of any form of communication through electronic media,

including text messages. If you prefer to communicate via email or text messaging for issues

regarding scheduling, cancellations, or general questions, we will do so. While we may try to return messages in a

timely manner, we cannot guarantee immediate response and request that you do not use these

methods of communication to discuss therapeutic content and/or request assistance for

emergencies.

Services by electronic means, including but not limited to telephone communication, the

Internet, facsimile machines, and e-mail, is considered telemedicine by the State of California.Under the California Telemedicine Act of 1996, telemedicine is broadly defined as the use of

information technology to deliver medical services and information from one location to another.

If you and your therapist chose to use information technology for some or all of your treatment,

you need to understand that: (1) You retain the option to withhold or withdraw consent at any

time without affecting the right to future care or treatment or risking the loss or withdrawal of

any program benefits to which you would otherwise be entitled. (2) All existing confidentiality

protections are equally applicable. (3) Your access to all medical information transmitted during

a telemedicine consultation is guaranteed, and copies of this information are available for a

reasonable fee. (4) Dissemination of any of your identifiable images or information from the

telemedicine interaction to researchers or other entities shall not occur without your consent. (5)

There are potential risks, consequences, and benefits of telemedicine. Potential benefits include,

but are not limited to, improved communication capabilities, providing convenient access to up-

to-date information, consultations, support, reduced costs, improved quality, change in the

conditions of practice, improved access to therapy, better continuity of care, and reduction of lost

work time and travel costs.

Effective therapy is often facilitated when the therapist gathers, within a session or a series of

sessions, a multitude of observations, information, and experiences about the client. Psychotherapists

may make clinical assessments, diagnosis, and interventions based not only on direct verbal or

auditory communications, written reports, and third-person consultations, but also from direct

visual and olfactory observations, information, and experiences. When using information

technology in therapy services, potential risks include, but are not limited to, the therapist’s

inability to make visual and olfactory observations of clinically or therapeutically potentially

relevant issues such as: your physical condition, including deformities, apparent height, and

weight, body type, attractiveness relative to social and cultural norms or standards, gait and

motor coordination, posture, work speed, any noteworthy mannerism or gestures, physical or

medical conditions including bruises or injuries, basic grooming, and hygiene including

appropriateness of dress, eye contact (including any changes in the previously listed issues), sex,

chronological and apparent age, ethnicity, facial and body language, and congruence of language

and facial or bodily expression. Potential consequences thus include the therapist not being

aware of what he or she would consider important information, that you may not recognize as

significant to present verbally to the therapist.

 

MINORS:

If you are a minor, your parents may be legally entitled to some information about your therapy. We

will discuss with you and your parents what information is appropriate for them to receive, and

which issues are more appropriately kept confidential.

 

TERMINATION (END OF THERAPEUTIC RELATIONSHIP):

Ending relationships can be difficult. Therefore, it is important to have a termination process in

order to achieve some closure. The appropriate length of the termination depends on the length

and intensity of the treatment. We may terminate treatment after appropriate discussion with you

and a termination process if we determine that the psychotherapy is not being effectively used or if

you are in default on payment. We will not terminate the therapeutic relationship without first

discussing and exploring the reasons and purpose of terminating. If therapy is terminated for any

reason or you request another therapist, we will provide you with a list of qualified

psychotherapists to treat you. You may also choose someone on your own or from another

referral source.

Should you fail to schedule an appointment for three consecutive weeks, unless other

arrangements have been made in advance, for legal and ethical reasons, we must consider the

professional relationship discontinued.