HIPAA and Privacy Policy
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW YOUR 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, at Olive Leaf Family Therapy, Inc., understand that health information about you and your health care is personal. We are committed to protecting health information about you. Your therapist will create a record of the care and services you receive. We need this record to be able 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 will also describe your rights to the health information we keep about you, and to 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 my office, and through the client portal. 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 health care providers who have a 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. Olive Leaf Family Therapy, Inc. is also allowed 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.
We keep and store records for each client in a record-keeping system produced and maintained by SimplePractice, LLC. This system is “cloud-based,” meaning the records are stored on servers which are connected to the Internet. Here are the ways in which the security of these records is maintained:
· We have entered into a HIPAA Business Associate Agreement with SimplePractice, LLC. Because of this agreement, SimplePractice, LLC is obligated by federal law to protect these records from unauthorized use or disclosure.
· The computers on which these records are stored are kept in secure data centers, where various physical security measures are used to maintain the protection of the computers from physical access by unauthorized persons.
· SimplePractice, LLC employs various technical security measures to maintain the protection of these records from unauthorized use or disclosure.
· We also have our own security measures for protecting the devices that we use to access these records. We employ firewalls, antivirus software, passwords, and other means to protect the computers from unauthorized access and thus to protect the records from unauthorized access. On mobile devices, we use passwords, secure apps, and other measures to maintain the security of the device and prevent unauthorized persons from using it to access our records.
Here are things to keep in mind about our record-keeping system:
· While we and our record-keeping company both use security measures to protect these records, their security cannot be guaranteed.
· Some workforce members at SimplePractice, LLC such as engineers or administrators, may have the ability to access these records for the purpose of maintaining the system itself. As a HIPAA Business Associate, SimplePractice, LLC is obligated by law to train their staff on the proper maintenance of confidential records and to prevent misuse or unauthorized disclosure of these records. This protection cannot be guaranteed, however.
· Our record-keeping company keeps a log of my transactions with the system for various purposes, including maintaining the integrity of the records and allowing for security audits. These transactions are kept for as long as we have an account with them.
This practice utilizes the services of a medical biller and a credentialing consultant, who have the responsibility of managing our billing procedures. These contractors may have access to your Protected Health Information (PHI) for billing purposes. You may receive a phone call or other correspondence from them for billing and payment purposes. This practice utilizes the services of Admin Assistants, who may contact your or your insurance to coordinate scheduling and/or insurance benefits. Olive Leave Family Therapy, Inc. at times utilizes the services of Professional Attorneys, Paralegals, or other Consultants who may need access to your information to coordinate billing and/or payment. Other authorized employees and/or contractors of Olive leaf Family Therapy, Inc. may also have limited access to your PHI for scheduling, billing, payment, compliance, or business operations purposes.
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 another 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. We 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 use in 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 our use in defending Olive Leaf Family Therapy, Inc. and/or its clinicians in legal proceedings instituted by you.
d. For use by the Secretary of Health and Human Services to investigate our compliance with HIPAA.
e. As required by law and the use or disclosure is limited to the requirements of such law.
f. As required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes.
g. As required by a coroner who is performing duties authorized by law.
h. As required to help avert a serious threat to the health and safety of others.
Marketing Purposes. As psychotherapists, Olive Leaf Family Therapy, Inc. will not use or disclose your PHI for marketing purposes.
Sale of PHI. As psychotherapists, Olive Leaf Family Therapy, Inc. 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, Olive Leaf Family Therapy, Inc. 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 whenever possible, our preference is to obtain Authorization from you before doing so.
For law enforcement purposes, including reporting crimes occurring on our 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.
For 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 our preference is to obtain Authorization from you, we may be required to provide your PHI in order to comply with workers' compensation laws.
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 health care services or benefits that 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 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 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.
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, home or office phone) or to send mail to a different address, and we 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 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.
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 health care operations, or for which you provided us with an 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 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 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.
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. You may also download a copy of this notice from your client portal at any time.
EFFECTIVE DATE OF THIS NOTICE
This notice went into effect on September 20, 2013 and was last updated on January 29, 2022.
Acknowledgement of Receipt of Privacy Notice
When you become a patient/client of our practice, you will be required to acknowledge your receipt of a copy of the 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.