Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL AND MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Whitney Herrmann MA LPC believes she may be a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and thus provides its clients with this Notice of Privacy Policies & Practices and complies with the procedures and protocols listed herein. If Whitney Herrmann MA LPC is determined not to be a covered entity under HIPAA, she still will follow this Notice of Privacy Policies & Practices regarding use and disclosure of PHI; however, the client may not be entitled to the rights set forth in the “Your Rights as a Client” section.
Given the nature of Whitney Herrmann MA LPC’s work, it is imperative that she maintains the confidence of client information that she receives in the course of her work. The Clarity Group LLC is a mental health practice that provides mental health services. The Clarity Group LLC practice works solely to provide the best counseling treatment options to its clients.
Whitney Herrmann MA LPC is prohibited from releasing any client information to anyone outside immediate staff, employees, interns, and/or volunteers except in limited circumstances in accordance with this Notice of Privacy Policies and Practices. Discussions or disclosures of protected health information (“PHI”) within the practice are limited to the minimum necessary that is needed for the recipient of the information to perform his/her job. Please review this Notice of Privacy Policies and Practices (“Notice of Privacy Policies”). It is my policy to:
fully comply with the requirements of the HIPAA General Administrative Requirements, the Privacy and Security Rules;
abide by the terms of this Notice of Privacy Policies;
provide every client who receives services with a copy of this Notice of Privacy Policies;
ask the client to acknowledge receipt when given a copy of this Notice of Privacy Policies;
ensure the confidentiality of all client records transmitted by facsimile;
obtain from each client an informed Authorization for Release of Protected Health Information form when required.
Whitney Herrmann MA LPC is required to follow all state and federal statutes and regulations including Federal Regulation 42 C.F.R. Part 2 and Title 25, Article 4, Part 14 and Title 25, Article 1, Part 1, CRS and the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. Parts 142, 160, 162 and 164, governing testing for and reporting of TB, HIV AIDS, Hepatitis, and other infectious diseases, and maintaining the confidentiality of PHI.
PHI refers to any information that I create or receive, and relates to an individual’s past, present, or future physical or mental health or conditions and related care services or the past, present, or future payment for the provision of health care to an individual; and identifies the individual or there is a reasonable basis to believe the information can be used to identify the individual. PHI includes any such information described above that I transmit or maintain in any form, this includes Psychotherapy Notes. HIPAA and federal law regulate the use and disclosure of PHI when transmitted electronically.
YOUR RIGHTS AS A CLIENT:
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your mental health record
You can ask to see or get an electronic or paper copy of your mental health record and other health information we have about you. Ask us how to do this.
We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee to fulfill your request.
If we deny your request, in whole or in part, we will let you know why in writing and whether you have the option of having the decision reviewed by an independent third-party.
Ask us to correct your mental health record
You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
We may say “no” to your request, but we will tell you why in writing within 60 days.
Request confidential communications
You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
We will say “yes” to all reasonable requests.
Please review the Unsecured Electronic Communications Consent Form
You are required to “opt-in” to receive communications electronically as set-forth in the Consent for Communication of Protected Health Information by Non-Secure Transmissions. If you choose not to “opt-in” to receive electronic communications, we will not communicate with you via electronic means.
Ask us to limit what we use or share
You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Additional Restrictions
You have the right to request additional restrictions on the use or disclosure of your mental health information. However, we do not have to agree to that request, and there are certain limits to any restriction. Ask us if you would like to make a request for any restriction(s).
Get a list of those with whom we’ve shared information
You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
You can complain if you feel we have violated your rights by contacting us using the information on page 1.
Any person who alleges that a mental professional has violated the licensing laws related to the maintenance of records of a client eighteen year of age or older, must file a complaint or other notice with the licensing board within seven years after the person discovered or reasonably should have discovered this. Pursuant to law, The Clarity Group LLC and/or Whitney Herrmann MA LPC will maintain records for a period of seven years commencing on the date of termination of services or on the date of last contact with the client, whichever is later. When the client is a child, the records must be retained for a period of seven years commencing either upon the last day of treatment or when the child reaches eighteen years of age, whichever comes later, but in no event shall records be kept for more than twelve years.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
We will not retaliate against you for filing a complaint.
You may also file a complaint with the Colorado Department of Regulatory Agencies, Division of Professions and Occupations, Mental Health Section; 1560 Broadway, Suite 1350, Denver, Colorado, 80202, 303-894-2291; DORA_Mentalhealthboard@state.co.us. Please note that the Department of Regulatory Agencies may direct you to file your complaint with the U.S. Department of Health and Human Services Office for Civil Rights listed above and may not be able to take any action on your behalf.
USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
A use of PHI occurs within a covered entity (i.e., discussions among staff regarding treatment). A disclosure of PHI occurs when Whitney Herrmann MA LPC reveals PHI to an outside party (i.e., Whitney Herrmann MA LPC) provides another treatment provider with PHI, or shares PHI with a third party pursuant to a client’s valid written authorization).
Whitney Herrmann MA LPC may use and disclose PHI, without an individual’s written authorization, for the following purposes:
Treatment: disclosing and using your PHI by those who are involved in your care for the purpose of providing, coordinating, or managing your health care treatment and related services. This includes consultation with clinical supervisors or other treatment team members and for coverage arrangements during your therapist’s absence, and for sending appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.
Payment: disclosing and using your PHI so that Whitney Herrmann MA LPC can receive payment for the treatment services provided to you, such as: making a determination of eligibility or coverage for insurance benefits, processing claims with your insurance company, reviewing services provided to you to determine medical necessity, or undertaking utilization of review activities.
Health Care Operations: disclosing and using your PHI to support Whitney Herrmann MA LPC’s business operations which may include but not be limited to: quality assessment activities, licensing, audits, and other business activities.
Uses and disclosures for payment and health care operations purposes are subject to the minimum necessary requirement. This means that Whitney Herrmann MA LPC may only use or disclose the minimum amount of PHI necessary for the purpose of the use or disclosure (i.e., for billing purposes Whitney Herrmann MA LPC would not need to disclose a client’s entire medical record in order to receive reimbursement. Whitney Herrmann MA LPC would likely only need to include a service code and/or diagnosis etc.). Uses and disclosures for treatment purposes are not subject to the minimum necessary requirement.
Whitney Herrmann MA LPC is required to promptly notify you of any breach that may have occurred and/or that may have compromised the privacy or security of your PHI.
Confidentiality of client records and substance abuse client records maintained are protected by federal law and regulations. It is Whitney Herrmann MA LPC’s policy that a client must complete an Authorization for Release of Protected Health Information it provides prior to disclosing health information to another individual and/or entity for any purpose, except for treatment, payment, or health care operations in accordance with this Notice of Privacy Policies.
Absent the above referenced form, other than for treatment, payment, or health care operations purposes, Whitney Herrmann MA LPC is prohibited from disclosing or using any PHI outside of or within the organization, including disclosing that the client is in treatment without written authorization, unless one of the following exceptions arises:
Responding to lawsuit and legal actions (Disclosure by a court order, in response to a complaint filed against Whitney Herrmann MA LPC, etc. This does not include a request by you or another party for your records).
Disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit or program evaluation.
Help with public health and safety issues (Client commits or threatens to commit a crime either at Whitney Herrmann MA LPC’s office or against any person who works for Whitney Herrmann MA LPC or The Clarity Group; A minor or elderly client reports having been abused or there is reasonable suspicion that abuse has or will take place; Client is planning to harm another person, including but not limited to the harm of a child or at-risk elder; Client is imminently dangerous to self or others).
Address workers’ compensation, law enforcement, and other government requests.
Respond to organ and tissue donation requests.
Business Associates: Whitney Herrmann MA LPC may enter into contracts with business associates to provide billing, legal, auditing, and practice management services that are outside entities. In those situations, protected health information will be provided to those contractors as is needed to perform their contracted tasks. Business associates are required to enter into an agreement maintaining the privacy of the protected health information released to them.
In compliance with other state and/or federal laws and regulations.
The above exceptions are subject to several requirements under the Privacy Rule, including the minimum necessary requirement and applicable federal and state laws and regulations. See 45 C.F.R. § 164.512. Before using or disclosing PHI for one of the above exceptions, Whitney Herrmann MA LPC staff must consult its Privacy and Security Officer (Whitney Herrmann MA LCP), (303) 323-4722 x700, wherrmann@claritygroup.org) to ensure compliance with the Privacy Rule. Violation of these federal and state guidelines is a crime carrying both criminal and monetary penalties. Suspected violations may be reported to appropriate authorities, as listed above in the “Client Rights” section, in accordance with federal and state regulations. Know that Whitney Herrmann MA LPC will never market or sell your personal information without your permission.
SPECIAL AUTHORIZATIONS
Certain categories of information have extra protections by law, and thus require special written authorizations for disclosures.
Psychotherapy Notes: Whitney Herrmann MA LPC may keep and maintain “Psychotherapy Notes,” which may include but are not limited to notes she makes about your conversation during a private, group, joint, or family counseling session, which is kept separately from the rest of your record. These notes are given a greater degree of protection than PHI. These are not considered part of your “client record.” Whitney Herrmann MA LPC will obtain a special authorization before releasing your Psychotherapy Notes.
HIV Information: Special legal protections apply to HIV/AIDS related information. Whitney Herrmann MA LPC will obtain a special written authorization from you before releasing information related to HIV/AIDS.
Alcohol and Drug Use Information: Special legal protections apply to information related to alcohol and drug use and treatment. Whitney Herrmann MA LPC will obtain a special written authorization from you before releasing information related to alcohol and/or drug use/treatment.
You may revoke all such authorizations to release information (PHI, Psychotherapy Notes, HIV information, and/or Alcohol and Drug Use Information) at any time, provided each revocation is in writing, signed by you, and signed by a witness. You may not revoke an authorization to the extent that (1) Whitney Herrmann MA LPC has relied on that authorization; or (2) if the authorization was obtained as a condition of obtaining insurance coverage, the law provides the insurer the right to contest the claim under the policy.
As a covered entity under the Privacy and Security Rules, Whitney Herrmann MA LPC is required to reasonably safeguard PHI from impermissible uses and disclosures. Safeguards may include, but are not limited to the following:
Not leaving test results unattended where third parties without a need to know can view them.
Any PHI received as an employee, intern, or volunteer about a client or potential client, may not be used or disclosed for non-work purposes or with unauthorized individuals. Whitney Herrmann MA LPC may only use and disclose such PHI as described above.
When speaking with a client about his or her PHI where third parties could possibly overhear, the conversation will be moved to a private area.
Seeking legal counsel in uncertain situations and/or incidences.
Obtaining a Business Associates Agreement with those third-parties that have access to and/or store client information. Some of the functions of the practice may be provided by contracts with business associates. For example, some of the billing, legal, auditing, and practice management services may be provided by contracting with outside entities to perform those services.
Implementing FAX security measures
Obtaining your consent prior to sending any PHI by unsecure electronic transmissions
Providing information on my electronic record-keeping.
YOUR CHOICES:
For certain health information, you can tell Whitney Herrmann MA LPC (verbal authorization) your choices about what she shares. If you have a clear preference for how Whitney Herrmann MA LPC shares your information in the situations described below, talk to Whitney Herrmann MA LPC. Tell Whitney Herrmann MA LPC what you want her to do, and she will follow your instructions. Whitney Herrmann MA LPC may request that you sign a separate document if you authorize it to share certain PHI. You may revoke that authorization at any time for future disclosure.
In these cases, you have both the right and choice to tell Whitney Herrmann MA LPC to:
Share information with your family, close friends, or others involved in your care
Share information in a disaster relief situation
Include your information in a hospital directory
If you are not able to tell Whitney Herrmann MA LPC your preference, for example, if you are unconscious, Whitney Herrmann MA LPC may go ahead and share your information if Whitney Herrmann MA LPC believes it is in your best interest and for your care/treatment. Whitney Herrmann MA LPC may also share your information when needed to lessen a serious and imminent threat to public health or safety.
In these cases, we never share your information unless you give us written permission:
Marketing purposes
Sale of your information
Most sharing of psychotherapy notes
Changes to the Terms of this Notice
Whitney Herrmann MA LPC can change the terms of this notice, and the changes will apply to all information Whitney Herrmann MA LPC has about you. The new notice will be emailed to the email address included in your file.
This notice is effective August 15, 2018.