The Sound Mind Center for Growth & Healing Notice of Privacy Practices
The Sound Mind Center for Growth & Healing (SMC)
9700 E. Roseville Parkway • Granite Bay, CA 95746
Phone: (916) 500-4882 • E-mail: growthhappens@toniallen.com
NOTICE OF PRIVACY PRACTICES
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.
The Sound Mind Center is legally required to protect the privacy of your protected health information (“PHI”), which includes information that can be used to identify you, or that we’ve created or received about your past, present, or future health or condition, the provision of health care to you, or the payment of this health care. SMC must provide you with this Notice about our privacy practices, and such Notice must explain how, when, and why SMC will “use” and “disclose” your PHI. A “use” of PHI occurs when SMC shares, examines, utilizes, applies, or analyzes such information within our agency; PHI is “disclosed” when it is released, transferred, has been given to, or is otherwise divulged to a third party outside of our agency. With some exceptions, SMC may not use or disclose any more of your PHI than is necessary to accomplish the purpose for which the use or disclosure is made. SMC is legally required to follow the privacy practices described in this Notice.
SMC reserves the right to change the terms of this Notice and our privacy policies at any time, as permitted by law. Any changes will apply to PHI on file with us already. Before SMC makes any important changes to our policies, SMC will promptly change this Notice. The new Notice will be available upon request.
I. HOW SMC MAY USE AND DISCLOSE YOUR PHI
The law permits us to use and disclose your PHI for many different reasons. For some of these uses or disclosures, SMC will need your prior authorization; for others, however, SMC does not. Listed below are the different categories of uses and disclosures along with some examples of each category.
A. Uses and Disclosures Relating to Treatment, Payment, or Health Care Operations Do Not Require Your Prior Written Consent
Uses (Inside Practice) and Disclosures (Outside Practice) Relating to Treatment, Payment, or Health Care Operations Do Not Require Your Written Consent. I can use and disclose your PHI without your Authorization for the following reasons:
- For your treatment. SMC can use and disclose your PHI to treat you, which may include disclosing your PHI to another health care professional. For example, if you are being treated by a physician or a psychiatrist, SMC can disclose your PHI to him or her to help coordinate your care, although the preference is for you to give Authorization to do so.
- To obtain payment for your treatment. SMC can use and disclose your PHI to bill and collect payment for the treatment and services provided by SMC to you. For example, SMC might send your PHI to your insurance company to get paid for the health care services provided to you, although the preference is for you to give Authorization to do so.
- For health care operations. SMC can use and disclose your PHI for purposes of conducting health care operations pertaining to the practice, including contacting you when necessary. For example, SMC may need to disclose your PHI to an attorney to obtain advice about complying with applicable laws.
- Other disclosures. SMC may also disclose your PHI to others without your consent in certain situations. For example, your consent isn’t required if you need emergency treatment, as long as SMC tries to get your consent after treatment is rendered, or if SMC tries to get your consent but you are unable to communicate with us (for example, if you are unconscious or delirious) and SMC thinks that you would consent to such treatment if you were able to do so.
B. Certain Uses and Disclosures Require Your Authorization
- Psychotherapy Notes. SMC does 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:
- For SMC’s use in treating you.
- For SMC’s use in training or supervising other mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy.
- For SMC’s use in defending the agency in legal proceedings instituted by you.
- For use by the Secretary of Health and Human Services to investigate SMC’s compliance with HIPAA.
- Required by law, and the use or disclosure is limited to the requirements of such law.
- Required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes.
- Required by a coroner who is performing duties authorized by law.
- Required to help avert a serious threat to the health and safety of others.
- Marketing Purposes. As a counseling agency, SMC will not use or disclose your PHI for marketing purposes.
- Sale of PHI. As a counseling agency, SMC will not sell your PHI in the regular course of business.
C. Certain Uses and Disclosures Do Not Require Your Authorization
Subject to certain limitations in the law, SMC 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 the preference is to obtain an Authorization from you before doing so.
- For law enforcement purposes, including reporting crimes occurring on the 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.
- 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 the preference is to obtain an Authorization from you, SMC may provide your PHI in order to comply with workers’ compensation laws.
- Appointment reminders and health-related benefits or services. SMC may use and disclose your PHI to contact you to remind you that you have an appointment. SMC may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that we offer.
- For clinical supervision/consultation. SMC may use and disclose your PHI when counselors meet (individually or in groups within the agency) with clinical supervisors/clinical consultants for the purpose of planning/evaluating treatment, or to conduct training, certification, or licensing activities.
D. Certain Uses and Disclosures Require You to Have the Opportunity to Object
Disclosures to family, friends, or others. SMC 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.
E. Other Uses and Disclosures Require Your Prior Written Authorization
In any other situation not described in section III: A, B, and C above, SMC will ask for your written authorization before using or disclosing any of your PHI. If you choose to sign an authorization to disclose your PHI, you can later revoke such authorization in writing to stop any future uses and disclosures (to the extent that SMC hasn’t taken any action in reliance on such authorization) of your PHI by us.
II. YOUR RIGHTS REGARDING YOUR PHI
You have the following rights with respect to your PHI:
A. The Right to Request Limits on Uses and Disclosures of Your PHI
You have the right to ask that SMC limit how SMC uses and discloses your PHI. SMC will consider your request, but SMC is not legally required to accept it. If SMC accepts your request, SMC will put any limits in writing and abide by them except in emergency situations. You may not limit the uses and disclosures that SMC is legally required or allowed to make.
B. The Right to Choose How SMC Sends PHI to You
You have the right to ask that SMC send information to you at an alternate address (for example, sending information to your work address rather than your home address) or by alternate means (for example, e-mail instead of regular mail). SMC must agree to your request so long as SMC can easily provide the PHI to you in the format you requested.
C. The Right to See and Get Copies of Your PHI
Other than “psychotherapy notes,” you have the right to request an electronic or paper copy of your medical record and other information that SMC has about you. Requests must be made in writing.
In certain situations, SMC may deny your request. If SMC does, SMC will tell you, in writing, our reasons for the denial and explain your right to have our denial reviewed. Instead of providing the PHI you requested, SMC may provide you with a summary or explanation of the PHI if you agree to that and to the cost in advance.
D. The Right to Get a List of the Disclosures SMC Has Made
You have the right to get a list of instances in which SMC has disclosed your PHI. The list will not include uses or disclosures that you have already consented to, such as those made for treatment, payment, or health care operations, directly to you, or to your family. The list also won’t include uses and disclosures made for national security purposes, to corrections or law enforcement personnel, or disclosures made before April 15, 2003.
SMC will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list SMC will give you will include disclosures made in the last six years unless you request a shorter time. The list will include the date of the disclosure, to whom PHI was disclosed (including their address, if known), a description of the information disclosed, and the reason for the disclosure. SMC will provide the list to you at no charge, but if you make more than one request in the same year, SMC will charge you a reasonable cost-based fee for each additional request.
E. 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 SMC correct the existing information or add the missing information. You must provide the request and your reason for the request in writing. SMC will respond within 60 days of receiving your request to correct or update your PHI. SMC may deny your request in writing if the PHI is (i) correct and complete, (ii) not created by us, (iii) not allowed to be disclosed, or (iv) not part of our records. Our written denial will state the reasons for the denial and explain your right to file a written statement of disagreement with the denial. If you don’t file one, you have the right to request that your request and our denial be attached to all future disclosures of your PHI. If SMC approves your request, SMC will make the change to your PHI, tell you that SMC has done it, and tell others that need to know about the change to your PHI.
F. The Right to Get a Paper or Electronic Copy of this Notice
You have the right to 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 email, you also have the right to request a paper copy of it.
III. HOW TO COMPLAIN ABOUT OUR PRIVACY PRACTICES
If you think that SMC may have violated your privacy rights, or you disagree with a decision SMC made about access to your PHI, you may file a complaint with the person listed in Section IV below. You can also 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.
SMC will take no retaliatory action against you if you file a complaint about our privacy practices.
IV. PERSON TO CONTACT FOR INFORMATION ABOUT THIS NOTICE OR TO COMPLAIN ABOUT OUR PRIVACY PRACTICES
Lynn Hawley, LMFT, Program Director, HIPAA Privacy Officer
The Sound Mind Center for Growth & Healing
9700 E. Roseville Parkway, Ste 500
Granite Bay, CA 95746
V. EFFECTIVE DATE OF THIS NOTICE
This notice went into effect on November 1, 2024