Notice of Privacy Practices
Effective Date: January 18, 2024
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
This Notice describes the practices of Emily Reel Professional Counseling and the practices that will be followed by all Emily Reel Professional Counseling workforce members who handle your medical information. We understand that medical information about you and your health is personal and we are committed to protecting medical information about you. You have the right to confidentiality of your health information, and we are required by law to maintain the privacy of that information and to provide you with a description of our privacy practices with respect to your health information.
Who Will Follow This Notice
All staff and personnel of Emily Reel Professional Counseling must abide by this Notice, including any counseling professionals authorized to enter information into your health records (including independent contractor care providers), all employees, staff, and other personnel who may need access to your information. All workforce members of this practice may share health information with each other for treatment or health care operations described in this Notice. Except where treatment is involved, only the minimum necessary information needed to accomplish the task will be shared.
Changes to This Notice
We reserve the right to change this Notice. The changed Notice may be effective for health information we already have about you as well as any information we receive in the future. We have posted a copy of the current Notice in our waiting area with the effective date on the posted copy.
How We May Use and Disclose Health Information About You
The following categories describe different ways that we may use and disclose health information without your specific consent or authorization. Examples are provided for each category of uses or disclosures. Not all possible uses or disclosures are listed.
For Treatment. We will use health information about you to provide you with treatment or services. For example, we may share information in order to collaborate with a physician or psychiatrist who is also treating you, or with a consulting colleague
For Payment. We may use and disclose health information about you for payment purposes. For example, if you choose to pay with insurance, we may disclose information on your case to your insurance company or their representative as required for payment of services. We may release relevant medical information about you to a friend or family member who is involved in your care or payment for your care. We may also release relevant information about you to an outside collection agency in order to collect an outstanding balance on your account.
For Health Care Operations. We may use and disclose health information about you for health care operations of our practice, to assure that you receive quality care. For example, may use health information to review our treatment and services and evaluate the performance of our staff in caring for you.
Other Uses or Disclosure That Can Be Made Without Your Consent or Authorization
Under federal and state law, communications between a client and counselor or his/her supervisees must be kept confidential and, in general, may not be disclosed to any party outside Emily Reel Professional Counseling without your prior written consent. There are, however, some exceptions to this confidentiality. Even without your consent, your counselor is legally obligated to report certain disclosures you may make. Your counselor may be required to disclose certain information if:
you are younger than 18 years old and your parents request access to your records;
there is a serious threat of physical violence to yourself or a third party or a serious threat of substantial damage to real property;
there is reason to suspect that you have been subjected to abuse, neglect, or domestic violence. We will only make this disclosure if you agree or when required or authorized by law;
there is reason to suspect that a minor child (under age 18) or an incapacitated adult is being or has been subjected to abuse or neglect;
the practice receives a valid subpoena or court order requiring the disclosure of all or some part of your counseling record; or
if the West Virginia Board of Examiners in Counseling or the Secretary of the Department of Health and Human Services are conducting audits, investigations, inspections, and/or licensure reviews we will be required to cooperate and allow access to your records.
In those rare instances where it is necessary for Emily Reel Professional Counseling to disclose information relating to your counseling without your permission, we will make every effort to fully discuss it with you. However, there may be instances when we are prohibited from discussing the disclosure with you, such as when we are required to disclose your records pursuant to a court order and we are prohibited by the terms of the order from notifying you of the disclosure.
In addition, Emily Reel Professional Counseling may use or disclose your health information in the following circumstances:
Appointment Reminders. We may use and disclose medical information to contact you as a reminder that you have an appointment for treatment or medical care.
Treatment Alternatives. We may use and disclose medical information to recommend or tell you about possible treatment options or alternatives that may be of interest to you.
Health-Related Benefits and Services. We may use and disclose medical information to tell you about health-related benefits or services that may be of interest to you.
Individuals Involved in Your Care or Payment for Your Care. We may release medical information about you to a friend or family member who is involved in your medical care. We may also give information to someone who helps pay for your care. We may also tell your family or friends your condition if you are hospitalized.
Business Associates. We may disclose your health information to our business associates that perform functions on our behalf or provide us with services if necessary. For example, we may use a third- party to perform billing services on our behalf. All of our business associates are obligated to protect the privacy of your information and are now allowed to use or disclose the information for any other purpose than appears in their contract with us.
Special Situations
Military and Veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.
National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
Workers' Compensation. We may release medical information about you for workers' compensation or similar programs. These programs provide benefits for work-related injuries or illness.
Law Enforcement. We may disclose PHI to a law enforcement official as required by law, in compliance with a subpoena (with your written consent), court order, administrative order or similar document, for the purpose of identifying a suspect, material witness or missing person, in connection with the victim of a crime, in connection with a deceased person, in connection with the reporting of a crime in an emergency, or in connection with a crime on the premises.
Sale of PHI. We must receive your authorization for any disclosure of your PHI which is a sale of PHI. Such authorization will state that the disclosure will result in remuneration to Emily Reel Professional Counseling. However, it is the policy of Emily Reel Professional Counseling that we will never sell your PHI.
Marketing. We must receive your authorization for any use or disclosure of PHI for marketing, except if the communication is in the form of a face-to-face communication made to you personally; or a promotional gift of nominal value provided by Emily Reel Professional Counseling. If the marketing is to result in financial remuneration (direct or indirect payment) to Emily Reel Professional Counseling by a third party we will state this on the authorization. It is not considered marketing to send you information related to your individual treatment, case management, or care coordination; or to direct or recommend alternative treatment, therapies, health care providers, settings of care; or to describe a health-related product or service that is provided Emily Reel Professional Counseling, unless Emily Reel Professional Counseling received direct or indirect payment in exchange for making the communication. Otherwise, these types of non-marketing communications may be sent without your written authorization.
Research. PHI may only be disclosed after a special approval process or with your authorization.
Deceased Patients. We may disclose PHI regarding deceased patients as mandated by state law, or to a family member or friend that was involved in your care or payment for care prior to death, based on your prior consent. A release of information regarding deceased patients may be limited to an executor or administrator of a deceased person’s estate or the person identified as next-of-kin. PHI of persons that have been deceased for more than fifty (50) years is not protected under HIPAA.
If a use or disclosure of health information described above in this notice is prohibited or materially limited by other laws that apply to us, it is our intent to meet the requirements of the more stringent law
Uses and Disclosures of Protected Health Information Requiring Your Written Authorization
Other uses and disclosures of health information not specifically covered by this Notice or required by the laws that apply to Emily Reel Professional Counseling will be made only with your written authorization. If you give us authorization to use or disclose health information about you, you may revoke that authorization in writing, at any time. If you revoke your authorization, we will thereafter no longer use or disclose health information about you for the reasons covered by your written authorization. We are unable to take back any disclosures we have already made with your authorization, and we are required to retain your records of the care we have provided.
Psychotherapy Notes. We must receive your authorization for any use or disclosure of psychotherapy notes, except: for use by the originator of the psychotherapy notes for treatment or health oversight activites; for use or disclosure by Emily Reel Professional Counseling for its own training programs in which students, trainees, or practi tioners in mental health learn under supervision to practice or improve their skills in group, joint, family, or individual counseling; for use or disclosure by Emily Reel Professional Counseling to defend itself in a legal action or other proceeding brought by you; to the extent required to investigate or determine Emily Reel Professional Counseling ’s compliance with the HIPAA regulations; to the extent that such use or disclosure is required by law and the use or disclosure complies with and is limited to the relevant requirements of such law; for health oversight activities with respect to the oversight of the originator of the psychotherapy notes; for disclosure to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law; or if disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.
Confidentiality of Alcohol and Drug Abuse Records. Federal law and regulations protect the confidentiality of alcohol and drug program records, if any, maintained by our practice. PHI containing information on your alcohol or drug use may not be disclosed without 1) your written authorization; 2) a court order; or 3) unless the disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit or program evaluation.
Your Individual Rights Regarding Disclosures and Changes to Your Health Information
Right to Request Restrictions. You have the right to request a restriction or limitation on the health information we use or disclose about you for treatment, payment, or health care operations or to someone who is involved in your care or the payment of your care. We are not required to agree to your request, particularly if it is in regards to uses and disclosures that can be made without your consent, and we will not agree to do so unless we feel we can live up to our promise to do so. If we do agree, we will comply with your request unless the information is needed to provide you with emergency treatment. To request restrictions, you must submit your request in writing to the Privacy Officer. In your request, you must tell us what information you want to limit.
We will agree, upon your written request, to restrict disclosure of health information about you to a health plan if: (1) the disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law, and (2) the health information pertains solely to a service for which you have paid Emily Reel Professional Counseling in full.
Right to an Accounting of Disclosures. You have the right to request a list of the disclosures we made of health information about you. To request this list, you must submit your request to the Privacy Officer. Your request must state the time period for which you want to receive a list of disclosures that is no longer than six years prior to the date you ask. Your request should indicate in what form you want the list (example: on paper or electronically). The first list you request within a 12-month period will be free. For additional lists we reserve the right to charge you for the cost of providing the list.
Right to Amend. If you feel that health information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept. To request an amendment, your request must be made in writing and submitted to the Privacy Officer. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if the information was not created by us, is not part of the health information kept at this practice, is not part of the information which you would be permitted to inspect and copy, or which we deem to be accurate and complete. If we deny your request for amendment, you have the right to file a statement of disagreement with us. We may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Statements of disagreement and any corresponding rebuttals will be kept on file and sent out with any future authorized requests for information pertaining to the appropriate portion of your record.
Your Access to Health Information
Right to Inspect and Copy. You have the right to inspect and copy health information that may be used to make decisions about your care. We may deny your request to inspect portions of your records in very limited circumstances (e.g., psychotherapist’s notes). To inspect and copy health information that may be used to make decisions about you, you must submit your request in writing to the Privacy Officer If you request a copy of the information, we reserve the right to charge a fee for the costs of copying, mailing, or other supplies associated with your request.
Right to a Paper Copy of this Notice. You have the right to a paper copy of our current Notice of Privacy Practices at any time. We will offer you a copy at your initial appointment.
Right to Request Confidential Communications. You have the right to request how we should send communications to you about health matters, and where you would like those communications sent. To request confidential communication of your health information, you must make your request in writing to the Privacy Officer. Your request must specify how or where you wish to be contacted. We will accommodate all reasonable requests.
Right to Breach Notification. In the event of any Breach of Unsecured PHI, Emily Reel Professional Counseling shall fully comply with the HIPAA/HITECH breach notification requirements, which will include notification to you of any impact that Breach may have had on you and/or your family member(s) and actions Emily Reel Professional Counseling undertook to minimize any impact the Breach may or could have on you.
Complaints. If you believe your privacy rights have been violated, you may file a complaint with the Privacy Officer, at the address below. You also may file a complaint with the Secretary of the Department of Health and Human Services. All complaints must be submitted in writing. Emily Reel Professional Counseling will not penalize or discriminate against you for filing a complaint.
Emily Reel Professional Counseling
Attn: Privacy Officer
Emily Reel
Phone: (304) 692-5779
Email: emily@emilyreelprofessionalcounseling.org
Website: emilyreelprofessionalcounseling.org
Address: 874 Fairmont Road | Morgantown, WV 26501