HIPAA Notice of Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU MAY OBTAIN ACCESS TO THIS INFORMATION. 

PLEASE REVIEW IT CAREFULLY.

As a patient of TRUE Counseling & Psychological Services, LLC and its affiliates, a record will be made of each visit and of any other important interactions or exchanges of information on your behalf.  We are mandated by federal HIPAA laws to maintain the privacy of your Protected Health Information (PHI).  We are also required to provide you with this notice about our privacy practices, our legal duties, and your rights concerning your care.  These notices take effect on March 1, 2020 and will remain in effect until replacements are needed.  TRUE Counseling & Psychological Services, LLC reserves the right to change the privacy practices and the terms of this notice at any time, provided that such changes are permitted by applicable law.  Any and all patients may request a copy of this notice at any time. 

PATIENT RIGHTS

As a Patient of TRUE Counseling & Psychological Services, LLC, you have the right to:

  • Be informed of the professional relationships with other healthcare providers that may be a conflict of interest.

  • Be treated with compassion, dignity, and respect.

  • Receive compassionate and respectful care consistent with your personal values and beliefs.

  • Provide informed consent concerning your treatment, including information regarding the advantages, disadvantages, and the potential consequences if treatment is refused.

  • Participate in the decisions of your treatment plan.

  • Involve or exclude family members / significant others in all aspects of your care.

  • Privacy and confidentiality of all medical information to the extent the law allows.  Exceptions include suspected child abuse, potential harm to oneself or other(s), court-ordered treatment, and instances when the court subpoenas records.

  • Provide written permission before any medical records or information can be made available to anyone directly or indirectly concerned with your care.

  • Be fully informed before consenting to any human experimentation or research / education.

  • Waive the privilege / right of confidentiality by signing a specific Release of Information.

  • Designate a surrogate decision-maker when you are unable to understand or communicate decisions about your care.

  • Refuse treatment.

  • Be referred to an appropriate agency / person that can address the issue / problem and ensure the continuity of care.

  • A safe and secure environment free from sexual, physical, verbal, and emotional abuse.

  • Access information contained in your medical records to the extent the law allows.

  • A clear understanding of the fee schedule.

  • Obtain from your Provider complete, current information concerning your diagnosis, treatment, and prognosis in terms you can reasonably be expected to understand unless medically contraindicated.

  • Know the identity and professional status of the people who are caring for you, including all staff, healthcare students, or other practitioners who are responsible for your care.

  • Terminate treatment, even against medical advice, unless deemed to be harmful to yourself or others.

  • File a grievance concerning your care with your provider and/or the professional state licensing agency.

  • A written response / decision regarding your grievance.

  • Have a family member, representative, and/or your Physician notified upon your admission to the hospital.

PATIENT RESPONSIBILITIES

As a Patient of TRUE Counseling & Psychological Services, LLC you have the responsibility to:  

  • Provide accurate and complete information about your present complaints, past illnesses, prior hospitalizations, types of medications you are using or have used, and other health-related issues to your Provider.

  • Accept responsibility of your decisions / actions if refusing treatment.

  • Be considerate of the rights of other patients and personnel located within the building.

  • Assume accountability for the financial obligations incurred while receiving treatment.

  • Understand and actively participate in your treatment, treatment plans, and personal development.

  • Notify in advance (24 hours) the inability to keep an appointment.

  • Notify your Provider when you believe your treatment plan is no longer being met.

  • Ask questions about your care.

  • Follow the treatment recommendations/plan.

Uses and Disclosures of Private Health Information

Treatment: While receiving healthcare services at TRUE Counseling & Psychological Services, LLC, we may share your protected health information (PHI), including electronic protected health information (ePHI), with other healthcare providers, business associates, and their subcontractors or individuals who are involved in your treatment, billing, administrative support, or data analysis.  These business associates and subcontractors through signed contracts are required by federal law to protect your health information.  We have established “minimum necessary” or “need to know” standards that limit various staff members' access to your health information according to their primary job functions.  Everyone on our staff is required to sign a confidentiality statement.

Payment: We may use and disclose your health information to seek payment for services we provide you. Your bill may contain information that identifies you, as well as your diagnosis, treatment plan, and procedures.  Furthermore, your billing may be processed through a third party billing service and similar information may be disclosed to that service.  This disclosure also involves our business office staff and may include insurance organizations, collections, or other third parties that may be responsible for such payments. 

Disclosures: We may disclose and/or share protected health information (PHI), including electronic disclosure, with other healthcare professionals who provide treatment and/or service to you.  These professionals will have a privacy and confidentiality policy like this one.  Health information about you may also be disclosed to your family, friends, and/or other persons you choose to involve in your care, only if you agree that we may do so.  If an individual is deceased we may disclose PHI to a family member or an individual involved in care or payment prior to death.  Psychotherapy notes will not be used or disclosed without your written authorization.  The Genetic Information Non-Discrimination Act (GINA) prohibits health plans from using or disclosing genetic information for underwriting purposes.  Uses and disclosures not described in this notice will be made only with your signed authorization.

Emergencies: We may use or disclose your health information to notify, or assist in the notification, of a family member or anyone responsible for your care in cases of emergency involving your care, your location, your general condition, or your death.  If at all possible we will provide you with an opportunity to object to this use or disclosure.  Under emergency conditions, or if you are incapacitated, we will use our professional judgment to disclose only that information directly relevant to your care.  

Healthcare Operations: We may use or disclose, as needed, your protected health information in order to conduct certain business and operational activities.  These include, but are not limited to, quality assessment activities, employee review activities, training of students, licensing, and conducting or arranging for other business activities.

Required by Law: We may use or disclose your health information when we are required to do so by law (e.g., Court or administrative orders, subpoenas, discovery requests or other lawful processes).  We will use and disclose your information when requested by national security, intelligence, and/or other state and federal officials and/or if you are an inmate or otherwise under the custody of law enforcement.  Consistent with applicable federal and state laws, we may disclose your protected health information if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.  We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.

National Security: The health information of Armed Forces personnel may be disclosed to military authorities under certain circumstances.  If the information is required for lawful intelligence, counter-intelligence, or other national security activities, we may disclose it to authorized federal officials. 

Abuse or Neglect: We may disclose your protected health information to a public health agency that is authorized by law to receive reports of child abuse or neglect.  In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect, or domestic violence to a governmental entity or agency authorized to receive such information.  In these cases, the disclosure will be made consistent with the requirements of applicable federal and state laws.

Marketing Health-Related Services: We will not use your health information for marketing purposes unless we have your written authorization to do so.  We may use your protected health information to contact you with information about treatment alternatives that may be of interest to you.  We will not sell or exchange information for any type of financial remuneration without your written authorization. 

Breach Notification Requirements: It is presumed that any acquisition, access, use or disclosure of PHI not permitted under HIPAA regulations is a breach.  We are required to complete a risk assessment, and if necessary, inform the Department of Health and Human Services and take any other steps required by law.  You will be notified of the situation and any steps you should take to protect yourself against harm due to the breach.

Amendments: You have the right to amend your healthcare information if you feel it is inaccurate or incomplete.  Your request must be made in writing and must include an explanation of why the information should be amended.  Under certain circumstances, your request may be denied.

Email / SMS Text Messaging Services: Emails and text communications are not secure forms of communication.  As such, PHI should never be shared through these mediums.  We will not send marketing or promotional messages through emails or text messages; nor will we send messages that contain clinical (PHI) information. No mobile information, including phone numbers and opt-in consents, will be shared with or sold to third parties or affiliates. Please read our SMS Text Messaging Terms & Conditions for more information regarding uses and disclosures of information shared through text messages. 

Right to an Accounting of Disclosures: You have the right to request an “accounting of disclosures” of your protected information if the disclosure was made for purposes other than providing services, payment, and/or business operations.  In light of the increasing use of Electronic Medical Record (EMR) technology, the HITECH Act allows you the right to request a copy of your health information in electronic form if we store your information electronically.  Disclosures can be made available for a period of 6 years prior to your request and for electronic health information 3 years prior to the date on which the accounting is requested.  If for some reason we are not capable of an electronic format, a readable hard copy will be provided.  To request this list or accounting of disclosures, you must submit your request in writing.  Applicable fees may apply. 

Right to Request Restriction of PHI: If you pay in full out-of-pocket for your treatment, you can instruct us not to share information about your treatment with your health plan; if the request is not required by law.