Privacy Policy
HIPAA NOTICE OF PRIVACY RULE AND PRACTICES
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a broad federal law that is in part designed to provide national standards for protection of certain health information. As required by HIPAA, the federal Department of Health and Human Services (HHS) established regulations, which implement the federal law. These regulations are known as the Privacy Rule.
In general, the Privacy Rule prohibits health care providers from using or disclosing a patient’s protected health information (PHI) without written authorization from the patient except for treatment, payment and health care operations. However, the Privacy Rule provides exceptions to this prohibition for a number of public policy reasons. Such exceptions include, but are not limited to, reporting certain injuries to law enforcement officials, reporting child abuse or vulnerable adult abuse, reporting the occurrence of certain diseases to public health officials, and complying with court orders and subpoenas.
When determining whether a health care provider may use or disclose PHI without the patient’s authorization, both state and federal law must be considered. The Privacy Rule provides an extensive list of permitted disclosures, however, where state laws provide greater privacy protections or privacy rights with respect to patients’ PHI, state laws will apply, overriding HIPAA.
PRIVACY RULE:
This notice describes how mental health information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
This notice of the Privacy Rule describes how we may use and disclose your PHI to carry out treatment, payment or health care operations, and for other purposes that are permitted or required by law. It also describes your rights to access and control your PHI.
PHI: “Protected Health Information” is information about you, including demographic information that could identify you, and that is related to your past, present, and future physical or mental health or condition and related health care services.
Treatment: We will use and disclose your PHI to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party. An example would be consulting with a referral source, another therapist, or a treating physician or counselor in order to obtain or provide necessary information to diagnose or to treat you.
Payment: Your PHI will be used, as needed, to obtain payment for your mental health care services. For example, sharing your diagnosis and treatment plan may be necessary in order to collect payment from your corresponding insurance company for treatment we have provided to you.
Healthcare Operations: We may use or disclose, as needed, your PHI in order to support the business activities of your counselor’s practice. These activities include, but are not limited to, quality assessment activities, employee review activities, training of interns, licensing, or arranging for other business activities. For example, we may disclose your personal health information to other mental health care providers within Gehle Psychological Solutions (e.g. practicum students or interns) in order to help facilitate their training. All providers within Gehle Psychological Solutions are bound by ethical guidelines and required by law to respect and maintain the confidential nature of your PHI. In addition, we may use a sign-in sheet at the registration desk where you will be asked to sign your name and indicate your appointment time. We may also call you by name in the waiting area when your mental health care provider is ready to meet with you. We may also use or disclose your PHI, as necessary, to contact you to remind you of your appointment.
Uses and Disclosures without Consent or Authorization: We may use or disclose your PHI in the following situations without your consent or authorization:
Client Rights:
Gehle Psychological Solutions’ Responsibilities:
If you are concerned that your privacy rights have been violated or if you disagree with a decision that has been made about access to your records and PHI, please feel free to discuss your concerns with your service provider or other appropriate Gehle Psychological Solutions staff member.
You may also send a written complaint to the Secretary of the United States Department of Health and Human Services. Gehle Psychological Solutions can provide you with the appropriate address upon request. You have specific rights under the Privacy Rule. Gehle Psychological Solutions will not retaliate against you for exercising your right to file a complaint.
If you have any objections to this statement of privacy policies, please contact Gehle Psychological Solutions to express your concerns.
This notice was published and becomes effective on or before May 1, 2015. Gehle Psychological Solutions reserves the right to change the terms of this notice and to make the new notice provisions effective for all PHI that Gehle Psychological Solutions maintains.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a broad federal law that is in part designed to provide national standards for protection of certain health information. As required by HIPAA, the federal Department of Health and Human Services (HHS) established regulations, which implement the federal law. These regulations are known as the Privacy Rule.
In general, the Privacy Rule prohibits health care providers from using or disclosing a patient’s protected health information (PHI) without written authorization from the patient except for treatment, payment and health care operations. However, the Privacy Rule provides exceptions to this prohibition for a number of public policy reasons. Such exceptions include, but are not limited to, reporting certain injuries to law enforcement officials, reporting child abuse or vulnerable adult abuse, reporting the occurrence of certain diseases to public health officials, and complying with court orders and subpoenas.
When determining whether a health care provider may use or disclose PHI without the patient’s authorization, both state and federal law must be considered. The Privacy Rule provides an extensive list of permitted disclosures, however, where state laws provide greater privacy protections or privacy rights with respect to patients’ PHI, state laws will apply, overriding HIPAA.
PRIVACY RULE:
This notice describes how mental health information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
This notice of the Privacy Rule describes how we may use and disclose your PHI to carry out treatment, payment or health care operations, and for other purposes that are permitted or required by law. It also describes your rights to access and control your PHI.
PHI: “Protected Health Information” is information about you, including demographic information that could identify you, and that is related to your past, present, and future physical or mental health or condition and related health care services.
Treatment: We will use and disclose your PHI to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party. An example would be consulting with a referral source, another therapist, or a treating physician or counselor in order to obtain or provide necessary information to diagnose or to treat you.
Payment: Your PHI will be used, as needed, to obtain payment for your mental health care services. For example, sharing your diagnosis and treatment plan may be necessary in order to collect payment from your corresponding insurance company for treatment we have provided to you.
Healthcare Operations: We may use or disclose, as needed, your PHI in order to support the business activities of your counselor’s practice. These activities include, but are not limited to, quality assessment activities, employee review activities, training of interns, licensing, or arranging for other business activities. For example, we may disclose your personal health information to other mental health care providers within Gehle Psychological Solutions (e.g. practicum students or interns) in order to help facilitate their training. All providers within Gehle Psychological Solutions are bound by ethical guidelines and required by law to respect and maintain the confidential nature of your PHI. In addition, we may use a sign-in sheet at the registration desk where you will be asked to sign your name and indicate your appointment time. We may also call you by name in the waiting area when your mental health care provider is ready to meet with you. We may also use or disclose your PHI, as necessary, to contact you to remind you of your appointment.
Uses and Disclosures without Consent or Authorization: We may use or disclose your PHI in the following situations without your consent or authorization:
- Child Abuse: If a staff member has reason to believe that a child has been, or may be, neglected or physically, emotionally, or sexually abused, he/she is required by law (Fla. Stat. 39.201(1)) to file a report with the appropriate local or state law enforcement agency. In these situations, the disclosure of PHI to the appropriate public or government authority is authorized by law (45 CFR 164.512(b)(1)(ii)).
- Adult Abuse: If a staff member has reason to believe that an elderly or disabled person is in a state of abuse, neglect, or exploitation, the staff member is required by law (Fla. Stat. 415.1034(2)) to file a report with the appropriate local or state law enforcement agency. In these situations, the disclosure of PHI to the appropriate public or government authority is authorized by law (45 CFR 164.512(c)(1)(i)).
- Serious Threat to Health or Safety: If a staff member determines that there is a probability of imminent physical injury by you to yourself or others, we may disclose relevant PHI to the potential victim, appropriate family members, or medical and law enforcement personnel in order to comply with requirements by the state of Florida (Fla. Stat. 491.0147(3), 45 CFR 164.512(j)(1)(i)).
- Health Oversight: If a complaint is filed against your mental health care provider with their respective state licensing board, they have the authority to subpoena PHI from Gehle Psychological Solutions to that complaint (45 CFR 164.512(d)).
- Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for information about your diagnosis and treatment and the records thereof, such information is privileged under state law and will not be released by Gehle Psychological Solutions, without written authorization from you or your personal or legally appointed representative, 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 (45 CFR 164.512(e)).
- Worker’s Compensation: If you file a worker’s compensation claim, Gehle Psychological Solutions must, upon request of your employer, the insurance carrier, and authorized qualified rehabilitation provider, or the attorney for the employer or insurance carrier, disclose relevant records (which may contain PHI) to those entities (45 CFR 164.512(l)).
- Criminal Conduct: If a staff member believes there to be evidence of a crime committed on Gehle Psychological Solutions’ premises, that staff member is permitted to disclose PHI to the appropriate local or state law enforcement agency (45 CFR 164.512(f)(5)). In situations of observed sexual battery, Gehle Psychological Solutions is required by law to report the offense (disclosing any necessary PHI in the process) to the appropriate local or state law enforcement agency (Fla. Stat. 794.027).
- Public Health Surveillance: Gehle Psychological Solutions is permitted (and sometimes required) by law to disclose PHI to public health authorities that are authorized by law to collect and receive health information for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth and death, and the conduct of public health investigations and interventions (45 CFR 164.512(b)(1)(i)).
Client Rights:
- Right to Request Restrictions: You have the right to request restrictions on certain uses and disclosures of your PHI. This means that you may request that Gehle Psychological Solutions not use or disclose any part of your PHI for the purposes of treatment, payment, or healthcare operations. You may also request that any part of your PHI not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this notice of Privacy Rule and Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply. Gehle Psychological Solutions is not required to honor a request of restriction. If Gehle Psychological Solutions believes it is in your best interest to permit use and disclosure of your PHI, your PHI will not be restricted.
- 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 (e.g. you may have bills sent to another address if you do not want member of your household to know you are receiving services).
- Right to Inspect and Copy: You have the right to inspect or obtain a copy (or both) of PHI in mental health and billing records used to make decisions about you for as long as PHI is maintained in the record. Under federal law, however, you may not inspect or copy the following records; psychotherapy notes, information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, and PHI that is subject to law that prohibits access to PHI.
- Right to Amend: You have the right to request an amendment of PHI for as long as the PHI is maintained in Gehle Psychological Solutions’ record. Gehle Psychological Solutions is not required to honor a request of amendment.
- Right to an Accounting: You generally have the right to receive an accounting of disclosures of PHI regarding you.
- Right to a Paper Copy: You have the right to obtain a paper copy of this notice from Gehle Psychological Solutions upon request, even if you have agreed to receive the notice electronically.
Gehle Psychological Solutions’ Responsibilities:
- Gehle Psychological Solutions is required by law to maintain the privacy of PHI and to provide you with a notice of its legal duties and privacy practices with respect to PHI.
- Gehle Psychological Solutions reserves the right to change the privacy policies and practices described in this notice. Unless Gehle Psychological Solutions notifies you of any such changes, however, Gehle Psychological Solutions is required to abide by the terms currently in effect.
- If Gehle Psychological Solutions revises its policies and procedures, it will provide you with a revised notice via mail. Gehle Psychological Solutions will also make that information available in all of its locations.
If you are concerned that your privacy rights have been violated or if you disagree with a decision that has been made about access to your records and PHI, please feel free to discuss your concerns with your service provider or other appropriate Gehle Psychological Solutions staff member.
You may also send a written complaint to the Secretary of the United States Department of Health and Human Services. Gehle Psychological Solutions can provide you with the appropriate address upon request. You have specific rights under the Privacy Rule. Gehle Psychological Solutions will not retaliate against you for exercising your right to file a complaint.
If you have any objections to this statement of privacy policies, please contact Gehle Psychological Solutions to express your concerns.
This notice was published and becomes effective on or before May 1, 2015. Gehle Psychological Solutions reserves the right to change the terms of this notice and to make the new notice provisions effective for all PHI that Gehle Psychological Solutions maintains.
Emergency Policy
At this time, Gehle Psychological Solutions (GPS) is not equipped to provide Emergency Services. If you or a loved one are experiencing a life-threatening emergency, in danger of hurting yourself or others, feeling suicidal or in a dangerous situation, please call 911 or go to the closest emergency room in order to be evaluated. After you are no longer in danger, contact GPS (even before you leave the hospital, if possible) to schedule an appointment. Please inform us that you are coming out of a crisis. You will be able to release the information from the hospital to GPS and your therapist will discuss the situation at your next session.
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Emergency numbers:
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Social Media Policy
Introduction
This document outlines policies related to the use of Social Media or other Internet/electronic/digital tools. Please read it to understand how social media and other internet, electronic, or digital tools are used at Gehle Psychological Solution (GPS). After reading this policy, you will also know how you can expect your provider to respond to various interactions that may occur between you and your provider on the Internet. If you have any questions about anything within this document, please discuss them with your provider in your next session. As new technology develops and the Internet changes, there may be times when this policy needs to be updated. If this policy is updated, GPS will make this information available to you in writing.
DIGITAL/ONLINE COMMUNICATION OR INTERACTIONS
Making Friend Requests or Contact Requests: In order to protect your confidentiality and to preserve the boundaries of the provider and client relationship, your provider will not accept friend or contact requests from any current or former clients on any social networking site (Facebook, LinkedIn, etc…).
Following Professional Blogs, Tweets, and Other Online Activity: GPS and your provider may have professional blogs or psychology related postings online (for example: on Twitter or the GPS website blog). If you feel strongly about following these online, it is suggested you use a more private way to do so (example: RSS feed or locked Twitter list) in order to protect your confidentiality. Your provider will not respond to any attempts to communicate with them in this way, as this would break your confidentiality.
Following Former or Current Clients Online: Your provider will not make any social networking contact requests of former or current clients. They also will not follow your blogs, tweets, or other social media or internet postings. If you would like to share aspects of your online life with your provider, please feel free to bring these to your sessions to discuss them.
Contacting your provider Online or via Text Message: Please do not use text/media messaging or messaging on Social Networking sites such as Twitter, Facebook, or LinkedIn to contact your provider. These sites are not secure and your provider may not read these messages in a timely fashion. These are also usually not HIPAA compliant and your provider may be violating the law by using them to communicate certain information with you. GPS and your provider will not be able to respond to any requests or responses via these sites or via text message. Do not use Wall postings, @replies, or other means of engaging with your provider in public online if there is already an established client/therapist relationship. Engaging with your provider this way could compromise your confidentiality. It may also create the possibility that these exchanges become a part of your legal medical record and will need to be documented and archived in your chart. If you need to contact GPS or your provider between sessions, the best way to do so is by phone. If you are in crisis, please contact 911 or your local emergency number.
Business/Provider Review Sites: You may find GPS or your provider on sites such as Yelp, Healthgrades, or other places which list businesses. Some of these sites include forums in which users rate their providers and add reviews. Many of these sites comb search engines for business listings and automatically add listings regardless of whether the business has added itself to the site. If you should find my listing on any of these sites, please be aware that I am not requesting a testimonial, rating, or endorsement from you as my client. I am ethically and legally obligated to protect your confidentiality. Also, to protect confidentiality, I will not respond to any such postings/reviews. However, please feel free to discuss your thoughts and feelings about the work you are doing during your sessions with your provider.
Location Based Services: If you use location-based services on your mobile phone, you may wish to be aware of the privacy issues related to using these services. GPS is not placed as a check-in location on various sites such as Foursquare, Gowalla, Loopt, etc. However, if you have GPS tracking enabled on your device, it is possible that others may surmise that you are a therapy client due to regular check-ins at the GPS office on a weekly basis, as GPS may be listed on Google Maps or other business identifying Global Positioning capable systems/services. Please be aware of this risk if you are intentionally “checking in,” from the office or if you have a passive LBS app enabled on your phone.
Email: Please do not email content related to your therapy sessions, as email is not completely secure or confidential and your provider may not be able to respond. If you need to discuss an appointment, please contact GPS via telephone or via the Client Portal my website (www.gehlepsych.com). If you choose to communicate with by email, be aware that all emails are retained in the logs of your Internet service provider as well as the Internet prover of GPS. While it is unlikely that someone will be looking at these logs, they are, in theory, available to be read by the system administrator(s) of the Internet service provider and are not always transferred in an encrypted fashion. You should also know that any emails received from you and any responses that are sent to you may become a part of your legal medical record.
Online Searches and Exceptions to Policy: GPS and your provider do not regularly search for clients online, using Google, or other search engines. Extremely rare exceptions may be made during times of crisis or emergencies. If there is reason to suspect that you or someone else is in danger and you have not been in touch with GPS or your provider via our usual means (coming to appointments, phone, etc.) there might be an instance in which using a search engine or other online way to find you, find someone close to you, or to check on your recent status updates becomes necessary as part of ensuring your welfare. These are unusual situations and if your provider ever resorts to such means, it will be fully documented and discussed with you at your next session.
Conclusion
Thank you for taking the time to review the Social Media Policy. The goal is to protect your privacy and the work you do in session. If you have questions or concerns about any of these policies and procedures or regarding our potential interactions, do bring them to the attention of GPS so that they can be discussed.
- This social media policy has been adapted, with permission, from the original developed by Kelly Kolmes, Psy.D.
This document outlines policies related to the use of Social Media or other Internet/electronic/digital tools. Please read it to understand how social media and other internet, electronic, or digital tools are used at Gehle Psychological Solution (GPS). After reading this policy, you will also know how you can expect your provider to respond to various interactions that may occur between you and your provider on the Internet. If you have any questions about anything within this document, please discuss them with your provider in your next session. As new technology develops and the Internet changes, there may be times when this policy needs to be updated. If this policy is updated, GPS will make this information available to you in writing.
DIGITAL/ONLINE COMMUNICATION OR INTERACTIONS
Making Friend Requests or Contact Requests: In order to protect your confidentiality and to preserve the boundaries of the provider and client relationship, your provider will not accept friend or contact requests from any current or former clients on any social networking site (Facebook, LinkedIn, etc…).
Following Professional Blogs, Tweets, and Other Online Activity: GPS and your provider may have professional blogs or psychology related postings online (for example: on Twitter or the GPS website blog). If you feel strongly about following these online, it is suggested you use a more private way to do so (example: RSS feed or locked Twitter list) in order to protect your confidentiality. Your provider will not respond to any attempts to communicate with them in this way, as this would break your confidentiality.
Following Former or Current Clients Online: Your provider will not make any social networking contact requests of former or current clients. They also will not follow your blogs, tweets, or other social media or internet postings. If you would like to share aspects of your online life with your provider, please feel free to bring these to your sessions to discuss them.
Contacting your provider Online or via Text Message: Please do not use text/media messaging or messaging on Social Networking sites such as Twitter, Facebook, or LinkedIn to contact your provider. These sites are not secure and your provider may not read these messages in a timely fashion. These are also usually not HIPAA compliant and your provider may be violating the law by using them to communicate certain information with you. GPS and your provider will not be able to respond to any requests or responses via these sites or via text message. Do not use Wall postings, @replies, or other means of engaging with your provider in public online if there is already an established client/therapist relationship. Engaging with your provider this way could compromise your confidentiality. It may also create the possibility that these exchanges become a part of your legal medical record and will need to be documented and archived in your chart. If you need to contact GPS or your provider between sessions, the best way to do so is by phone. If you are in crisis, please contact 911 or your local emergency number.
Business/Provider Review Sites: You may find GPS or your provider on sites such as Yelp, Healthgrades, or other places which list businesses. Some of these sites include forums in which users rate their providers and add reviews. Many of these sites comb search engines for business listings and automatically add listings regardless of whether the business has added itself to the site. If you should find my listing on any of these sites, please be aware that I am not requesting a testimonial, rating, or endorsement from you as my client. I am ethically and legally obligated to protect your confidentiality. Also, to protect confidentiality, I will not respond to any such postings/reviews. However, please feel free to discuss your thoughts and feelings about the work you are doing during your sessions with your provider.
Location Based Services: If you use location-based services on your mobile phone, you may wish to be aware of the privacy issues related to using these services. GPS is not placed as a check-in location on various sites such as Foursquare, Gowalla, Loopt, etc. However, if you have GPS tracking enabled on your device, it is possible that others may surmise that you are a therapy client due to regular check-ins at the GPS office on a weekly basis, as GPS may be listed on Google Maps or other business identifying Global Positioning capable systems/services. Please be aware of this risk if you are intentionally “checking in,” from the office or if you have a passive LBS app enabled on your phone.
Email: Please do not email content related to your therapy sessions, as email is not completely secure or confidential and your provider may not be able to respond. If you need to discuss an appointment, please contact GPS via telephone or via the Client Portal my website (www.gehlepsych.com). If you choose to communicate with by email, be aware that all emails are retained in the logs of your Internet service provider as well as the Internet prover of GPS. While it is unlikely that someone will be looking at these logs, they are, in theory, available to be read by the system administrator(s) of the Internet service provider and are not always transferred in an encrypted fashion. You should also know that any emails received from you and any responses that are sent to you may become a part of your legal medical record.
Online Searches and Exceptions to Policy: GPS and your provider do not regularly search for clients online, using Google, or other search engines. Extremely rare exceptions may be made during times of crisis or emergencies. If there is reason to suspect that you or someone else is in danger and you have not been in touch with GPS or your provider via our usual means (coming to appointments, phone, etc.) there might be an instance in which using a search engine or other online way to find you, find someone close to you, or to check on your recent status updates becomes necessary as part of ensuring your welfare. These are unusual situations and if your provider ever resorts to such means, it will be fully documented and discussed with you at your next session.
Conclusion
Thank you for taking the time to review the Social Media Policy. The goal is to protect your privacy and the work you do in session. If you have questions or concerns about any of these policies and procedures or regarding our potential interactions, do bring them to the attention of GPS so that they can be discussed.
- This social media policy has been adapted, with permission, from the original developed by Kelly Kolmes, Psy.D.