HIPAA & Privacy practices

Stefani McElheney, LMFT & owner

859-640-5780

stefanimcelheney@yahoo.com

This notice describes how your medical information may be used and/or disclosed, and how you are able to get access to this information. Please review this information carefully. Do not hesitate to ask questions or clarification to understand this document better.

Our duty to safeguard your Protected Health Information (PHI)

Individual identifiable information about your past, present, future health/condition, the provision of health care provided to you, and/or payment for any health care service is considered Protected Health Information (PHI). We are required to extend certain protections of your PHI, and to give you this notice about our privacy practices that explains how, when, and why we may use/disclose your PHI. Except in particular circumstances, we must use/disclose only the minimum PHI necessary to accomplish the purpose of the use/disclosure.

We are required to follow the privacy practices described in this Notice, though we reserve the right to change these privacy practices and the terms of this notice at any time. If/when this occurs, we will post a new Notice in the waiting area and available upon request by email. 

How we may use/disclose your PHI

We may use and disclose your PHI for a variety of reasons. We have a limited right to use and/or disclose your PHI for purposes of treatment, payment, or operations. For uses beyond these reasons, we must have your written authorization and consent, unless the law permits/requires us to use/disclose your PHI without your permission. If we disclose your PHI to an outside entity with the intent of that entity to perform a function on your and our behalf, we must have in place an agreement with the outside entity, which will extend the same degree of privacy protection and care to your information, as we must apply to your PHI. However, the law provides that we are permitted to make some uses/disclosures without your authorization or consent. The following offers a more in-depth explanation of potential uses/disclosures of your PHI.

Uses/disclosures related to treatment, payment, health care operations, or appointment reminders

Treatment: We may disclose your PHI to doctors, nurses, and other health care service providers who are involved in providing care to you. For example, your PHI will be shared among members of your treatment team. Your PHI may also be shared with outside entities performing ancillary services in relation to your treatment, such as lab work for consultation purposes, or other health care agencies involved in providing and/or coordination of your care.

Payment: We may use/disclose your PHI in order to bill and collect payment for your health care services. For example, we may contact your employer and/or release portions of your PHI to a private insurance company to get paid for services provided to you.

Health care operations: We may use/disclose your PHI in the course of operating our Mental Health services. For example, we may use your PHI in evaluating the quality of services provided or disclose your PHI to our accounting department or attorney for audit purposes.

Appointment reminders: Unless you provide us with alternative instructions (see Communication sheet), we may send appointment reminders and other materials to your home address, email, and/or phone number provided at the initial appointment.

Uses/disclosures requiring authorization

For uses/disclosures beyond treatment, payment, operations, and appointment reminders, we are required to have your written consent/authorization, unless the use/disclosure falls within one of the exceptions described below. Authorizations can be revoked at any time to stop future uses/disclosures, except in the event that we have already completed an action in reliance upon your authorization.

Uses/disclosure of PHI from Mental Health records NOT requiring authorization or consent

The law provides that we may use/disclose your PHI from mental health records without consent/authorization in the following situations:

When required by law: We may disclose PHI when a law requires that we report information about suspected abuse, neglect, domestic violence, related to suspected criminal activity, or in response to a court order. We may disclose PHI to authorities that monitor compliance with these privacy requirements.

For public health activities: We may disclose PHI when we are required to collect information about disease or injury, or to report vital statistics to the public health authority.

For health oversight activities: We may disclose PHI to the protection and advocacy agency, or any other agency responsible for monitoring the health care system for such purposes as reporting or investigating unusual incidents.

Related to decedents: We may disclose PHI regarding an individual’s death to the coroner upon request.

To avert threat to health or safety: In order to avoid serious threat to health or safety, we may disclose PHI as necessary to law enforcement or other personnel who can reasonably prevent or lessen the threat of harm.

For specific government functions: We may disclose PHI of military personnel and veterans and correctional facilities in certain circumstances, to government programs relating to eligibility and enrollment, and for national security reasons such as protection of the President.

Uses/disclosures of PHI from alcohol and other drug records NOT requiring authorization or consent

The law provides that we may use/disclose your PHI from alcohol and other drug records without authorization/consent in the following situations:

When required by law: We may disclose PHI when a law requires that we report information about suspected abuse, neglect, when a crime has been committed on the premises or against personnel, or in response to a court order.

Related to decedents: We may disclose PHI regarding an individual’s death, if state and/or federal law requires the information for collection of vital statistics, or inquiry into cause of death. 

For research, audit, or evaluation purposes: In certain circumstances, we may disclose PHI for any research, audit, or evaluation reasons.

To avoid threat to health or safety: In order to avoid any threat to health or safety, we may disclose PHI as necessary to law enforcement or other personnel who can reasonably prevent or lessen the threat of harm.

Uses/disclosures requiring you to have an opportunity to object

You must be informed and given an opportunity to object to further disclosure as you are able to. If we inform you about the disclosure in advance and you do not object, outside of the PHI disclosure being prohibited by law; we may disclose a limited amount of your PHI. However, if there is an emergency situation and you cannot be given your opportunity to object, disclosure may be made if it is consistent with any prior expressed wishes, and a disclosure is determined to be in your best interest. The following is an example to better describe this situation:

To families, friends, or others involved in your care: We may share information with these individuals directly related to their involvement in your care, or payment for your care and services provided. We may also share PHI with these individuals to notify them about your location, general condition, or death.

Your rights regarding your PHI

You have the following rights regarding your PHI:

To request use/disclosures: You have the right to ask that we limit how we use/disclose your PHI. We will consider your request but are not legally bound to agree to the restriction. To the extent that we do agree to any restrictions on our use/disclosure of your PHI, we will put the agreement in writing and abide by it except in emergency situations. We cannot agree to limit uses/disclosures that are required by law.

To choose how we contact you: You have the right to ask that we send you information to an alternative address or by an alternative means. We must agree to your request as long as it is reasonably easy for us to do.

To inspect and/or copy your PHI: Unless your access is restricted for clear and documented treatment reasons, you have the right to see your PHI upon your written request. We will respond to your request within 30 business days. If we deny your access, we will give you a written notice depicting the reasons for the denial and explain any right to have the denial reviewed. If you want copies of your PHI, a charge for copying may be imposed, depending on the circumstances. You have the right to choose what portions of your PHI you want copied, as well as information regarding any costs that will be incurred. 

To request an amendment of your PHI: If you believe that a mistake occurred or there is missing information in our record of your PHI, you may request, in writing, that we correct the mistake or add the missing information to your record. We will respond within 60 business days of receiving your request. We may deny the request if we determine that the PHI is: 1) correct and complete; 2) not created by us and/or not part of our records; and/or 3) not permitted to be disclosed. Any denial will state the reasons for denial and explain your rights to have the request and denial, in writing. Along with these, any statement in response that you provide will be attached to your PHI. If we approve the request for amendment, we will change the PHI and inform you when the changes are complete, and any other service provider or caretaker regarding the changes as well.

To find out what disclosures have been made: You have the right to get a list of when, to whom, for what purpose, and what content of your PHI has been released other than instances of disclosure, such as for treatment, payment, and operations; to you, your family, or pursuant to your written authorization/consent. The list will not include any disclosures made for national security purposes, to law enforcement officials, or correctional facilities, or before February 1, 2019. We will respond to your written request for such a list within 60 business days of receiving it. Your request can relate to disclosures going back as far as six (6) years. There will be no charge for one list per calendar year, BUT you may incur a charge for more frequent requests.

To receive this notice: You have the right to receive a paper copy of this Notice and/or an electronic copy by email upon request.

How to complain about your privacy practices

If you think your privacy rights have been violated, or you disagree with a decision that was made about access to your PHI by any provider with this company, you may file a complaint with Stefani McElheney, LMFT, owner of MAC Counseling Services, LLC. You may also file a written complaint with the Secretary of the US Department of Health and Human Services at US Department of Health and Human Services, 200 Independence Ave., SW Room 509F, HHH Building, Washington, D.C. 20201. No retaliatory action will be taken against you for any complaint.

Contact person for information, or to submit a complaint

If you have questions about this Notice or any complaints about our privacy practices, please contact:

Stefani McElheney, LMFT & owner

MAC Counseling Services, LLC

71 Cavalier Blvd, Suite 322

Florence, KY 41042

Phone: (859) 640-5780

Fax: (859) 757-2488

stefanimcelheney@yahoo.com

Here is the HIPAA, Privacy Rule, Security Rule information created by the US Department of Health and Human Services Office for Civil Rights.  Please note this combined text is the unofficial version accessible on the HHS website:

https://www.hhs.gov/sites/default/files/hipaa-simplification-201303.pdf