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.
Health Insurance Portability Accountability Act (HIPAA) Notice of Privacy Practices
This document contains important information about the Health Insurance Portability and Accountability Act (HIPAA), which provides privacy protections and patient rights with regard to the use and disclosure of your Protected Health Information (PHI).
HIPAA requires that I provide you with this Notice of Privacy Practices (the Notice) for use and disclosure of your PHI. HIPAA requires that I obtain your signature acknowledging that I have provided you with this Notice. If you have any questions about this Notice, it is your right to ask so I can have a further discussion prior to you signing this document.
LIMITS ON CONFIDENTIALITY
HIPAA protects the privacy of all communications between a patient and a therapist. In most situations, I can only release information about your treatment to others if you sign a written authorization form that meets certain legal requirements imposed by HIPAA. There are some situations, however, where I am permitted or required to disclose your PHI without either your consent or authorization. If such a situation arises, I will limit my disclosure to the information necessary to accomplish the purpose of the disclosure. Reasons I may have to release your PHI without authorization include:
1. If you are involved in a court proceeding and a request is made for information concerning your diagnosis and treatment, such information is protected by the psychologist-patient privilege law. I cannot provide any information without your (or your legal representative's) written authorization, or a court order, or if I receive a subpoena of which you have been properly notified and you have failed to inform me that you oppose the subpoena. If you are involved in or contemplating litigation, you should consult with an attorney to determine whether a court would be likely to order me to disclose information.
2. If a government agency is requesting the information for health oversight activities, within its appropriate legal authority, I may be required to provide it for them.
3. If a patient files a complaint or lawsuit against me, I may disclose relevant information regarding that patient in order to defend myself.
4. If a patient files a worker's compensation claim, and I am providing necessary treatment related to that claim, I must, upon appropriate request, submit treatment reports to the appropriate parties, including the patient's employer, the insurance carrier or an authorized qualified rehabilitation provider.
5. I may disclose the minimum necessary health information to my business associates that perform functions on our behalf or provide me with services if the information is necessary for the business associate to perform such functions or services. My business associates sign agreements to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract.
There are some situations in which I am legally obligated to take actions, which I believe are necessary to attempt to protect others from harm, and I may have to reveal some information about a patient's treatment:
1. If I know, or have reason to suspect, that a child under 18 has been abused, abandoned, or neglected by a parent, legal custodian, caregiver, or any other person responsible for the child's welfare, the law requires that I file a report with the New Hampshire Abuse Hotline. Once such a report is filed, I may be required to provide additional information.
2. If I know or have reasonable cause to suspect, that a vulnerable adult has been abused, neglected, or exploited, the law requires that I file a report with the New Hampshire Abuse Hotline. Once such a report is filed, I may be required to provide additional information.
3. If I believe that there is a clear and immediate probability of physical harm to the patient, to other individuals, or to society, I may be required to disclose information to take protective action, including communicating the information to the potential victim, and/or appropriate family member, and/or the police or to seek hospitalization of the patient.
CLIENT RIGHTS AND THERAPIST DUTIES
Use and Disclosure of Protected Health Information:
For Treatment– I use and disclose your health information internally in the course of your treatment. If I wish to provide information outside of our practice for your treatment by another health care provider, I will have you sign an authorization for release of information. Furthermore, an authorization is required for most uses and disclosures of psychotherapy notes.
For Payment– I may use and disclose your health information to obtain payment for services provided to you as delineated in the Therapy Agreement.
For Operations– I may use and disclose your health information as part of our internal operations. For example, this could mean a review of records to assure quality. I may also use your information to tell you about services, educational activities, and programs that I feel might be of interest to you.
Right to Treatment– You have the right to ethical treatment without discrimination regarding race, ethnicity, gender identity, sexual orientation, religion, disability status, age, or any other protected category.
Right to Confidentiality– You have the right to have your PHI protected. If you pay for a service or health care item out-of-pocket in full, you can ask me not to share that information for the purpose of payment or our operations with your health insurer. I will agree to such unless a law requires me to share that information.
Right to Request Restrictions–You have the right to request restrictions on certain uses and disclosures of PHI about you. However, I am not required to agree to a restriction you request.
Right to Receive Confidential Communications by Alternative Means and at Alternative Locations- You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations.
Right to Inspect and Copy–You have the right to inspect or obtain a copy (or both) of PHI. Records must be requested in writing and release of information must be completed. The charge for the copying of your medical records shall not exceed $15 for the first 30 pages or $.50 per page, whichever is greater Please make your request well in advance and allow 2 weeks to receive the copies. If I refuse your request for access to your records, you have a right of review, which I will discuss with you upon request.
Right to Amend– If you believe the information in your records is incorrect and/or missing important information, you can ask me to make certain changes, also known as amending, to your health information. You have to make this request in writing. You must tell me the reasons you want to make these changes, and I will decide if it is and if I refuse to do so, I will tell you why within 60 days.
Right to a Copy of This Notice– If you received the paperwork electronically, you have a copy in your email. If you completed this paperwork in the office at your first session a copy will be provided to you per your request or at any time.
Right to an Accounting–You generally have the right to receive an accounting of disclosures of PHI I have made of your PHI except for those disclosures made without the need for your authorization. On your request, I will discuss with you the details of the accounting process.
Right to Choose Someone to Act for You –If someone is your legal guardian or agent, that person can exercise your rights and make choices about your health information; I will make sure the person has this authority and can act for you before I take any action.
Right to Choose–You have the right to decide not to receive services with me. If you wish, I will provide you with names of other qualified professionals.
Right to Terminate–You have the right to terminate therapeutic services with me at any time without any legal or financial obligations other than those already accrued. I ask that you discuss your decision with me in session before terminating or at least contact me by phone letting me know you are terminating services.
Right to Release Information with Written Consent–With your written consent, any part of your record can be released to any person or agency you designate. Together, we will discuss whether or not I think releasing the information in question to that person or agency might be harmful to you.
I am required by law to maintain the privacy of PHI and to provide you with a notice of my legal duties and privacy practices with respect to PHI. I reserve the right to change the privacy policies and practices described in this notice. Unless I notify you of such changes, I am required to abide by the terms currently in effect. If I revise my policies and procedures, I will provide you with a revised notice in office during our session. I am required by law to provide with you with prompt notification in the event I learn of a breach of any of your unsecured PHI.
If you are concerned that I have violated your privacy rights, or you disagree with a decision I made about access to your records, you may contact me at (978) 225-0897 and submit your complaint in writing for review. You may also complain to the Secretary of the U.S. Department of Health and Human Services by email to OCRComplaint@hhs.govor by filing a complaint in writing to U.S. Department of Health and Human Services, 200 Independence Avenue, S.W., Room 509F HHH Bldg., Washington, D.C. 20201.
Effective Date April 1st, 2019
Copyright © 2019 Katelyn Gelineau - All Rights Reserved.