HIPAA Policy

NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

If you have any questions or need more details about this Notice, please get in touch with our COO, Lawrence Librando, at (951) 816-6372 or lawrence@smartcounselingca.com. Please keep in mind that this Notice is governed by federal law. Your privacy and the protection of your information are paramount to us.

OUR LEGAL OBLIGATIONS

We are required by law to maintain the privacy and security of your protected health information ("PHI") and to provide you with this Notice of Privacy Practices. We must abide by the terms of this Notice and notify you if a breach of your unsecured PHI occurs. We can change the terms of this Notice, which will apply to all information we have about you. The new Notice will be available upon request at our office and on our website, which will always have the most recent version.

Except for the specific purposes below, we will use and disclose your PHI only with your written authorization. You can revoke such authorization at any time by giving us written Notice.

USES AND DISCLOSURES THAT DO NOT REQUIRE YOUR WRITTEN CONSENT

We can use and disclose your PHI without your authorization for:

  • Treatment: We can use and disclose your PHI to treat you, including sharing information with other healthcare professionals coordinating your care (though we prefer your authorization).

  • Payment: We can use and disclose your PHI to bill and collect payment for treatment and services, including sending information to your insurance company (though we prefer your authorization).

  • Healthcare Operations: We can use and disclose your PHI to conduct healthcare operations, including contacting you when necessary or consulting our attorney about legal compliance.

USES AND DISCLOSURES THAT REQUIRE YOUR AUTHORIZATION

  • Psychotherapy Notes: We do not keep "psychotherapy notes" as defined by federal regulations. Instead, we maintain treatment records, which you may request anytime. We may charge reasonable, cost-based fees for copying records or preparing summaries.

  • Marketing Purposes: We will not use or disclose your PHI for marketing purposes or receive financial remuneration for communicating about other businesses' health-related services.

  • Sale of PHI: We will not sell your PHI in the regular course of business.

USES AND DISCLOSURES THAT DO NOT REQUIRE YOUR AUTHORIZATION

Subject to legal limitations, we can use and disclose your PHI without authorization for:

  • Legal requirements mandated by state or federal law

  • Public health activities, including reporting suspected abuse or preventing serious health threats

  • Health oversight activities, including audits and investigations

  • Judicial and administrative proceedings (though we prefer obtaining authorization)

  • Law enforcement purposes, including reporting crimes on our premises

  • Coroners or medical examiners performing legal duties

  • Research purposes, including mental health treatment studies

  • Specialized government functions (military, presidential protection, intelligence operations, correctional institutions)

  • Workers' compensation compliance (though we prefer obtaining authorization)

  • Appointment reminders and information about treatment alternatives or healthcare services we offer

DISCLOSURES REQUIRING OPPORTUNITY TO OBJECT

  • Family, Friends, or Others: We may provide your PHI to family members, friends, or others involved in your care or payment unless you object. In emergencies, we may obtain consent retroactively.

YOUR RIGHTS REGARDING YOUR PHI

  • Right to Request Limits: You may ask us not to use or disclose certain PHI for treatment, payment, or healthcare operations. We are not required to agree if we believe it would affect your healthcare.

  • Right to Request Restrictions for Out-of-Pocket Expenses: You may request restrictions on disclosures to health plans if you have paid for services out-of-pocket in full.

  • Right to Choose Communication Methods: You may request that we contact you in specific ways (home/office phone) or by mail to different addresses. We will agree to all reasonable requests.

  • Right to Access Your Records: You have the right to receive electronic or paper copies of your medical records within 30 days of your written request. We may charge reasonable, cost-based fees.

  • Right to Disclosure Accounting: You may request a list of PHI disclosures made for purposes other than treatment, payment, or healthcare operations within the last six years. We will respond within 60 days for the first request per year at no charge.

  • Right to Correct Information: You may request corrections to your PHI if you believe there are mistakes or missing information. We will respond in writing within 60 days.

  • Right to Paper or Electronic Copy of This Notice: You may request paper or electronic copies at any time.

HOW TO FILE A COMPLAINT

If you believe we have violated your privacy rights, you may file a complaint with:

COO: Lawrence Librando at (951) 816-6372 or lawrence@smartcounselingca.com

U.S. Department of Health and Human Services Office for Civil Rights:

We will not retaliate against you for filing a complaint.

EFFECTIVE DATE

This Notice went into effect on June 01, 2017.