EFFECTIVE DATE OF THIS NOTICE

This privacy practices notice went into effect on November 19, 2022, and updated on December 11, 2023

NOTICE OF PRIVACY PRACTICES

THIS PRIVACY PRACTICES 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:

At One Step At A Time Therapy, we value your privacy and we understand that health information about you and your healthcare is personal. We are committed to protecting health information about you. One Step At A Time Therapy creates a record of the care and services you receive from us. 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 how 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 my legal duties and privacy practices regarding health information.
  • Follow the terms of the notice that is currently in effect.
  • We can change the terms of this Privacy Practices Notice. Such changes will apply to all information we have about you. The new Notice will be available upon request, in our office, and on this 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 are 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 a direct treatment relationship with the client to use or disclose the client’s PHI without the patient’s written authorization, to carry out the healthcare provider’s own treatment, payment, or health care operations. Some examples include:

  • Providing information to the insurance company for reimbursement of services rendered.
  • Administrative duties by One Step At A Time Therapy employees or contractors
  • Covered entities with Business Associate Agreements (BAA) such as the Electronic Healthcare Record (i.e., SimplePractice), facsimile, email, and phone.

We may also disclose your protected health information for the treatment activities of any healthcare provider. This also does not require your written authorization. For example, if a clinician consults with another licensed healthcare provider about your condition, we may use and disclose your PHI, which is otherwise confidential, to assist the clinician in the diagnosis and mental health treatment. This information would not include information that could identify or provide a reasonable basis for your identity.

Disclosures for treatment purposes are not limited to the minimum necessary standard. Therapists and other healthcare 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 healthcare providers with a third party, consultations between healthcare providers, and referrals of a patient for healthcare from one health are provider to another.

Lawsuits and Disputes:

In the event of 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 process by someone else involved in the dispute. This will only occur if we have made efforts to tell you about the request or to obtain an order protecting the requested information

III. CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION:

  1. Psychotherapy Notes. We do keep “psychotherapy notes,” based on the definition of this term in 45 CFR § 164.501. Any use or disclosure of such notes requires your Authorization unless the use or disclosure is:
    1. For our use in treating you.
    2. For our use in training or supervising mental health practitioners to help them improve their counseling and therapeutic skills.
    3. For our use in defending myself in legal proceedings instituted by you.
    4. For use by the Secretary of Health and Human Services to investigate our compliance with HIPAA.
    5. Required by law and the use or disclosure is limited to the requirements of such law.
    6. Required by law for certain health oversight activities regarding the originator of the psychotherapy notes.
    7. Required by a coroner who is performing duties authorized by law.
    8. 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. 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. This includes responding to a court or administrative order, although we prefer to obtain Authorization from you before doing so.
  5. For law enforcement purposes, including reporting crimes occurring on our premises.
  6. To coroners or medical examiners, when such individuals are performing duties authorized by law.
  7. For research purposes. This includes studying and comparing the mental health of patients, with the same condition, who received different forms of therapy.
  8. Specialized government functions. This includes 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 we prefer to obtain Authorization from you, we may provide your PHI 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 with us. We may also use and disclose your PHI to tell you about treatment alternatives, or other services/benefits we offer.

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

Disclosures to family, friends, or others. We may provide your PHI to a family member, friend, or other person who is involved in your care or the payment for your healthcare unless you object in whole or in part. In cases of emergencies, obtaining retroactive consent is an option.

VI. YOU HAVE THE FOLLOWING RIGHTS CONCERNING YOUR PHI:

  1. The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to request we don’t use or disclose certain PHI for treatment, payment, or healthcare operations. Agreeing to your request is not a requirement, and we may say “no” if it would affect your healthcare.
  2. The Right to Request Restrictions for Out-of-Pocket Expenses Paid In-Full. If you paid in full for a healthcare item/service out-of-pocket, you have the right to request the associated PHI be restricted from disclosure to a health plan for payment or healthcare operations purposes.
  3. The Right to Choose How You Receive PHI. You have the right to choose how we contact you (e.g., home, office phone) or to send mail to a different address. We will agree to all reasonable requests.
  4. The Right to See /Receive Copies of Your PHI. Beyond “psychotherapy notes,” you have the right to electronic or paper copies of your medical record and other information that we have about you. We will provide you a copy of your record, or a summary if agreeable to a summary, within 30-days of receiving your written request. A reasonable, cost-based fee may apply.
  5. The Right to Get a List of Disclosures We Have Made. You have the right to request a list of instances where we disclosed your PHI for purposes beyond treatment, payment, healthcare operations, or Authorized disclosures. We will respond within 60-days of receiving your request. The list we provide will include disclosures from the last 6-years unless requesting a shorter time. We will provide the list to you at no charge unless you make multiple requests within a year, additional requests are a reasonable cost-based fee.
  6. The Right to Correct or Update Your PHI. If you believe there is a mistake in your PHI, or a piece of important information is missing from your PHI, you have the right to request that we correct existing information or add missing information. Denied requests will include a written explanation 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 a paper copy of this Notice, and you have the right to an emailed copy of this Notice. Regardless of how you agreed to this Notice, you also have the right to request a paper copy.
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