Patient Forms – Privacy Policy
Please note: you must read and accept the terms of our privacy policy
prior to accessing the client forms on this web site.
FLORIDA NOTICE OF PRIVACY PRACTICES
(HIPPA – FLORIDA FORM)
Notice of Psychotherapist’s
Policies and Practices to
Protect the Privacy of Your Health Information
THIS NOTICE DESCRIBES HOW HEALTH, PSYCHOLOGICAL AND MEDICAL INFORMATION
ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS
INFORMATION. PLEASE REVIEW IT CAREFULLY.
I. Uses and Disclosures for Treatment, Payment, and Health Care Operations
We may use or disclose or be required to disclose your protected health
information (PHI) for treatment, payment, and health care operations
purposes with your consent. To help clarify these terms, here are some
definitions:
- “PHI” refers to information in your health
record that could identify you.
- “Treatment, Payment, and Health Care Operations”
- Treatment is when I provide, coordinate or manage
your health care and other services related to your
health care. An example of treatment would be when
I consult with another health care provider, such as
your family physician or another psychologist.
- Payment is when I or you obtain reimbursement from
your healthcare provider for my services. Examples
of payment are when I disclose your PHI to your health
insurer to obtain reimbursement for your health care
or to determine eligibility or coverage.
- Health Care Operations are activities that relate to
the performance and operation of my practice. Examples
of health care operations are quality assessment and
improvement activities, business related matters such
as audits and administrative services, and case management
and care coordination.
- “Use” applies only to activities within my
office such as sharing, employing, applying, utilizing,
examining, and analyzing information that identifies you.
- “Disclosure” applies to activities outside
of my (office, clinic, practice group, etc.), such as releasing,
transferring, or providing access to information about
you to other parties.
II. Uses and Disclosures Requiring Authorization
We may use or disclose PHI for purposes outside of treatment, payment,
and health care operations only when your appropriate authorization is
obtained. An “authorization” is written permission that permits
only specific disclosures above and beyond your general consent. In those
instances when we are asked for information for purposes outside of treatment,
payment and health care operations, we will obtain an authorization from
you before releasing this information. We will also need to obtain an
authorization before releasing your psychotherapy notes for any purpose
except as noted otherwise herein. “Psychotherapy notes” are
notes we have made about our conversation during a private, group, joint,
or family counseling session, which we have kept separate from the rest
of your medical record. These notes are given a greater degree of protection
than PHI. If we are counseling with you conjointly with another person
or persons, we must have written authorization from every participant
in those joint or family sessions, unless federal or state law requires
us to do otherwise.
You may revoke all such authorizations (of PHI or psychotherapy notes)
at any time, provided each revocation is in writing. You may not revoke
an authorization to the extent that (1) we have relied on that authorization;
or (2) if the authorization was obtained as a condition of obtaining
insurance coverage, and the law provides the insure the right to contest
the claim under the policy.
If we begin seeing you with any other family member or relationship
partner, and if we agree that we will have one or more session(s) or
have communications with you individually without the other member(s)
or partner(s) participating, your signature on the informed consent form
provided to you before or at the time of our first session is an acknowledgment
and agreement that we will use my own discretion and professional judgment
in determining what information may be shared with those other counseling
participants and will operate as a release that allows us to disclose
this information without further authorization or consent.
III. Uses and Disclosures with Neither Consent nor Authorization
We may use or disclose PHI without your consent or authorization
in the following circumstances:
- Child Abuse: If we know, or have reasonable cause to
suspect that a child is abused, abandoned, or neglected
by a parent, legal custodian, caregiver or other person
responsible for the child’s welfare, the law requires
that we report such knowledge or suspicion to the Florida
Department of Child and Family Services.
- Adult and Domestic Abuse: If we know, or have reasonable
cause to suspect, that a vulnerable adult (disabled or elderly)
has been or is being abused, neglected, or exploited, we
are required by law to immediately report such knowledge
or suspicion to the Central Abuse Hotline.
- Health Oversight: If a complaint is filed against us with
the Florida Department of Health on behalf of the Board of
Psychology, the Department has the authority to subpoena
confidential mental health information from us relevant to
that complaint.
- Judicial or Administrative Proceedings: If you are involved
in a court proceeding and a request is made for information
about your diagnosis or treatment and the records thereof,
such information is privileged under state law, and we will
not release information without the written authorization
of you or your legal representative, or a subpoena of which
you have been properly notified and you have failed to inform
us that you are opposing
- the subpoena or a court order. The privilege does not apply when
you are being evaluated for a third party or where the evaluation
is court ordered. You will be informed in advance if this is the
case.
- Serious Threat to Health or Safety: When
you present a clear and immediate probability of physical harm
to yourself, to other individuals, or to society, we may communicate
relevant information concerning this to the potential victim, appropriate
family member, or law enforcement or other appropriate authorities.
- Worker’s Compensation: If you
file a worker’s compensation claim, we must, upon request
of your employer, the insurance carrier, and authorized qualified
rehabilitation provider, or the attorney for the employer or insurance
carrier, furnish your relevant records to those persons.
IV. Patient’s Rights and Psychotherapist’s
Duties
Patient’s Rights:
- Right to Request Restrictions: You have the right to request
restrictions on certain uses and disclosures of protected
health information about you. However, we are not required
to agree to a restriction you request and may be unable to
abide by it in emergency situations. If we cannot agree on
the issue of restrictions, you are free to go elsewhere:
however, once you agree to particular restrictions, you must
abide by them. We cannot agree to limit uses/disclosures
that are required by law.
- 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. We must agree
to your request as long as it is reasonably easy for us to
do so. There may be an additional charge if we comply with
your request.
- Right to Inspect and Copy: Unless your access is restricted
for clear and documented treatment reasons, you have the
right to inspect or obtain a copy (or both) of your PHI in
our mental health and billing records used to make decisions
about you for as long as the PHI is maintained in the record.
On your request, we will discuss with you the details of
the request process. Requests must be made in writing and
will be responded to within 30 days. A reasonable charge
may be made for copying requested records, but may be waived,
depending on your circumstances. We will notify you of any
charges before such copies are made.
- Right to Amend: You have the right to request an amendment
of PHI for as long as the PHI is maintained in the record.
We may deny your request. On your request, we will discuss
with you the details of the amendment process.
- Right to an Accounting: You generally have the right to receive
an accounting of disclosures of PHI regarding you. On your
request, we will discuss with you the details of the accounting
process. We may require requests for accountings to be in
writing. Certain disclosures will not be included and disclosures
made prior to April 14, 2003, will not be included. Records
will be retained for six years unless federal or state law
alters the maximum time required for records retention.
- Right to a Paper Copy: You have the right to obtain a paper
copy of the notice from us upon request, even if you have
agreed to receive the notice electronically.
Psychotherapist’s Duties
- We are required by law to maintain the privacy of PHI and
to provide you with a notice of our legal duties and privacy
practices with respect to PHI.
- We reserve the right to change the privacy policies
and practices described in this notice. Unless we notify
you of such changes, however, we are required to abide
by the terms currently in effect.
- If we revise our policies and procedures, we will provide
you with a written notification, by mail, of those revisions
on or before the effective date.
V. Complaints
If you are concerned that we have violated your privacy
rights, or if you are dissatisfied with our privacy policies
or procedures, you may file a complaint with our practice
by mail as described below and you will not be retaliated
against for filing a complaint. You also may file a written
complaint with the Office for Civil Rights (OCR), US Department
of Health and Human Services, Atlanta Federal Center, Suite
3B70, 61 Forsyth Street SW, Atlanta, GA, 30303-8909.
VI. Contact
For further privacy information, please contact us at:
Carter Psychology Center
4835 27th Street West
Suite 125
Bradenton, Florida 34207
VII. Effective Date, Restrictions and Changes to Privacy
Policy
This notice went into effect on April 14, 2003. We reserve
the right to change the terms of this notice and to make
the new notice provisions effective for all PHI that we maintain.
We will provide our clients with a revised notice by mail
on or before the effective date.