Privacy Practices

II understand that health information about you and your health care is personal. I am committed to protecting health information about you. I create a record of the care and services you receive from me. I need this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care generated by this mental health care practice. This notice will tell you about the ways in which I may use and disclose health information about you. I also describe your rights to the health information I keep about you, and describe certain obligations I have regarding the use and disclosure of your health information. I am required by law to:

· Make sure that protected health information (“PHI”) that identifies you is kept private.

· Give you this notice of my legal duties and privacy practices with respect to health information.

· Follow the terms of the notice that is currently in effect.

· I can change the terms of this Notice, and such changes will apply to all information I have about you. The new Notice will be available upon request and on my website.

The following categories describe different ways that I use and disclose health information. For each category of uses or disclosures I will explain what I mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways I am permitted to use and disclose information will fall within one of the categories.

· For Treatment: Federal privacy rules (regulations) allow health care providers who have direct treatment relationship with the patient/client to use or disclose the patient/client’s personal health information without the patient’s written authorization, to carry out the health care provider’s own treatment. Disclosures for treatment purposes are not limited to the minimum necessary standard. Because therapists and other health care providers need access to the full record and/or full and complete information to provide quality care. The word “treatment” includes, among other things, the coordination and management of health care providers with a third party, consultations between health care providers and referrals of a patient for health care from one health care provider to another. I may also disclose your protected health information for the treatment activities of any health care provider. For example, if a clinician were to consult with another licensed health care provider about your condition, I would be permitted to use and disclose your personal health information, which is otherwise confidential, to assist the clinician in diagnosis and treatment of your mental health condition. I may disclose your PHI to physicians, psychiatrists, psychologists, and other licensed health care providers who provide you with health care services or are otherwise involved in your care. Example: If a psychiatrist is treating you, I may disclose your PHI to coordinate your care.

· For Health Care Operations. I may disclose your PHI to facilitate the efficient and correct operation of the practice. Examples: Quality control - I might use your PHI in the evaluation of the quality of health care services that you have received or to evaluate the performance of the health care professionals who provided you with these services. I may also provide your PHI to my attorneys, accountants, consultants, and others to make sure that we are in compliance with applicable laws.

· For Lawsuits and Disputes: If you are involved in a lawsuit, I may disclose health information in response to a court or administrative order. I may also disclose health information about your child in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.

· For Obtaining Payment for Treatment. I may use and disclose your PHI to bill and collect payment for the treatment and services we provided you. Example: I might send your PHI to your insurance company or health plan to get payment for the health care services that I have provided to you. I could also provide your PHI to business associates, such as billing companies, claims processing companies, and others that process health care claims.

· Other Disclosures. Examples: Your consent isn't required if you need emergency treatment provided that I attempt to get your consent after treatment is rendered. In the event that I try to get your consent, but you are unable to communicate with me (i.e., if you are unconscious or in severe pain) but I think that you would consent to such treatment if you could, I may disclose your PHI.

1. Psychotherapy Notes. I do 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: a. For my use in treating you. b. For my use in training or supervising mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy. c. For my use in defending myself in legal proceedings instituted by you. d. For use by the Secretary of Health and Human Services to investigate my compliance with HIPAA. e. Required by law and the use or disclosure is limited to the requirements of such law. f. Required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes. g. Required by a coroner who is performing duties authorized by law. h. Required to help avert a serious threat to the health and safety of others.

2. Marketing Purposes. As a psychotherapist, I will not use or disclose your PHI for marketing purposes.

3. Sale of PHI. As a psychotherapist, I will not sell your PHI in the regular course of my business.

Subject to certain limitations in the law, I can use and disclose your PHI without your Authorization for the following reasons:

1. When disclosure is required by federal, state, or local law; judicial, board, or administrative proceedings; or, law enforcement. Example: We may make a disclosure to the appropriate officials when a law requires me to report information to government agencies, law enforcement personnel and/or in an administrative proceeding.

2. If disclosure is compelled by a party to a proceeding before a court of an administrative agency pursuant to its lawful authority

3. if disclosure is required by a search warrant lawfully issued to a governmental law enforcement agency.

4. If disclosure is compelled by the patient or the patient's representative pursuant to California Health and Safety Codes or to corresponding federal statutes of regulations, such as the Privacy Rule that requires this Notice.

5. To avoid harm, I may provide PHI to law enforcement personnel or persons able to prevent or mitigate a serious threat to the health or safety of a person or the public (i.e., adverse reaction to meds).

6. For public health activities, including reporting suspected child abuse or neglect in accordance with mandated reporting laws (i.e., Texas Child Abuse and Neglect Reporting Law, California Child Abuse Identification and Reporting Guidelines). For example, if I have a reasonable suspicion of child abuse or neglect.

7. For public health activities, including dependent adult abuse as mandated by state reporting law i.e., Texas Elder/Dependent Adult Abuse Reporting Law, California Elder/Dependent Adult Abuse Identification and Reporting Guidelines). For example, if I have a reasonable suspicion of elder abuse or dependent adult abuse.

8. If disclosure is compelled (California) or permitted (Texas) by the fact that you tell me of a serious/imminent threat of physical violence by you against a reasonably identifiable victim or victims.

9. If disclosure is compelled or permitted by the fact that you are in such mental or emotional condition as to be dangerous to yourself or the person or property of others, and if we determine that disclosure is necessary to prevent the threatened danger.

10. Public Health Activities. Example: In the event of your death, if a disclosure is permitted or compelled, we may need to give the county coroner or medical examiner information about you.

11. Health Oversight Activities. Example: We may be required to provide information to assist the government in the course of an investigation or inspection of a health care organization or provider.

12. If disclosure is required or permitted to a health oversight agency for oversight activities authorized by law. Example: When compelled by U.S. Secretary of Health and Human Services to investigate or assess our compliance with HIPAA regulations.

13. Specific Government Functions. Examples: We may disclose PHI of military personnel and veterans under certain circumstances. Also, we may disclose PHI in the interests of national security, such as protecting the President of the United States or assisting with intelligence operations.

14. If an arbitrator or arbitration panel compels disclosure, when arbitration is lawfully requested by either party, pursuant to subpoena duces tectum (e.g., a subpoena for mental health records) or any other provision authorizing disclosure in a proceeding before an arbitrator or arbitration panel.

15. For law enforcement purposes, including reporting crimes occurring on my premises.

16. 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.

17. Appointment reminders and health related benefits or services. I may use and disclose your PHI to contact you to remind you that you have an appointment with me. I may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that I offer.

18. If disclosure is otherwise specifically required by law.

Disclosures to family, friends, or others. I 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.

1. The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to ask me not to use or disclose certain PHI for treatment, payment, or health care operations purposes. I am not required to agree to your request, and I may say “no” if I believe it will affect your health care. If I do agree to your request, I will put those limits in writing and abide by them except in emergency situations. You do not have the right to limit the uses and disclosures that we are legally required or permitted to make.

2. The Right to Choose How I Send PHI to You. It is your right to ask that your PHI be sent to you at an alternate address (for example, sending information to your work address rather than your home address) or by an alternate method (for example, via email instead of by regular mail). I am obliged to agree to your request providing that we can give you the PHI, in the format you requested, without undue inconvenience. I may not require an explanation from you as to the basis of your request as a condition of providing communications on a confidential basis.

3. The Right to See and Get Copies of Your PHI. Other than “psychotherapy notes,” you have the right to get an electronic or paper copy of your medical record and other information that I have about you. I will provide you with a copy of your record, or a summary of it, if you agree to receive a summary, within 30 days of receiving your written request. If you ask for copies of your PHI, we will charge you not more than $.25 per page. We may see fit to provide you with a summary or explanation of the PHI, but only if you agree to it, as well as to the cost, in advance.

4. The Right to Get a List of the Disclosures I Have Made. You have the right to request a list of instances in which I have disclosed your PHI for purposes other than treatment, payment, or health care operations, or for which you provided me with an Authorization. I will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list I will give you will include disclosures made in the last six years unless you request a shorter time. I will provide the list to you at no charge, but if you make more than one request in the same year, I will charge you not more than $.25 per page for each additional request.

5. 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 I correct the existing information or add the missing information. I may say “no” to your request, but I will tell you why in writing within 60 days of receiving your request.

6. The Right to Get a Paper or Electronic Copy of this Notice. You have the right 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 e-mail, you also have the right to request a paper copy of it.

If, in your opinion, I may have violated your privacy rights, or if you object to a decision we made about access to your PHI, you are entitled to file a complaint with the person listed in Section VI below. You may also send a written complaint to the Secretary of the Department of Health and Human Services at 200 Independence Avenue S.W. Washington, D.C. 20201. If you file a complaint about the privacy practices, we will take no retaliatory action against you.

If you have any questions about the privacy practices or would like to know how to file a complaint with the Secretary of the Department of Health and Human Services, email me at contact@emilywatsoncounsleing.com or send written queries/complaints to Emily Watson Counseling, 5900 Balcones Dr., #21318, Austin, TX 78731.

In the case of a breach, Emily Watson Counseling is required to notify each affected individual whose unsecured PHI has been compromised. Even if such a breach was caused by a business associate, Emily Watson Counseling is ultimately responsible for providing the notification directly or via the business associate. If the breach involves more than 500 persons, OCR must be notified in accordance with instructions posted on its website. Emily Watson Counseling bears the ultimate burden of proof to demonstrate that all notifications were given or that the impermissible use or disclosure of PHI did not constitute a breach and must maintain supporting documentation, including documentation pertaining to the risk assessment.

Generally, PHI excludes any health information of a person who has been deceased for more than 50 years after the date of death. Emily Watson Counseling may disclose deceased individuals' PHI to non-family members, as well as family members, who were involved in the care or payment for healthcare of the decedent prior to death; however, the disclosure must be limited to PHI relevant to such care or payment and cannot be inconsistent with any prior expressed preference of the deceased individual.

Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you have certain rights regarding the use and disclosure of your protected health information. All clients will be provided with a copy of this Notice of Privacy Practices.

Clients must acknowledge receipt prior to receiving services.

This Website collects no personally identifying information (such as name and email address) except when you specifically and knowingly provide this information (i.e., when you ask to be contacted by completing the contact form on this Website). When visitors or users send email inquiries, the return email address may be used to answer the email inquiry we receive. We do not use the return email address for any other purpose and we do not share the return email address with any third party.

This Website may use server-based analytics packages. These gather limited information on visitors to our website automatically and stores this anonymous information in server log files. This information may include IP addresses, browser type, basic IP information, referring pages, operating system used and date/time stamps. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. This information does not identify individual users. It is used only for site administration, as well as for analysis of website usage and trends.

Anonymous network information may be transmitted back to us to determine how users are interacting the Website. In some instances, we may collect non-personal data through cookies, web logs, and web beacons. That information is used to improve the usability, performance, and effectiveness of the Website. Technologies uses for data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. Pages of the Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We are not responsible for the practices employed by any websites or services linked to or from our site, including the information or content contained within them. Please remember that when you use a link to go from our site to another website or service, our policy does not apply to those third-party websites or services. Browsing and interaction on any third-party website or service, including those that have a link this Website, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your information. If you are using a third-party website or service and you allow them to access your information, you do so at your own risk. Consequently, we strongly suggest that you review the privacy policy of every website you visit, whether or not they are linked to this site.

Security measures in place to protect the loss, misuse, and alteration of the information under our control. We encourage users and visitors and users to protect themselves too. If you are using a shared computer, be sure to sign off completely when you have finished ordering. While we make reasonable efforts to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

The California Online Protection Act (CalOPPA) is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. According to CalOPPA we agree to the following:

Users can visit our site anonymously.

Users will be notified of any privacy policy changes on our privacy policy page. A link to our privacy policy is linked on every Website page, including the Website homepage.

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. Children are not eligible to use our services without parent permission. We will never knowingly contact or collect personal information from children. Please contact us at the email address below to notify us if you believe your child has provided us with personally identifiable information.

We reserve the right to revise, amend, or modify this policy at any time and in any manner. Any revision, amendment, or modification will be effective thirty (30) days after we post notice on our website or otherwise informs its users. Your continued use of our site after notice of any modification to this policy will constitute your acceptance of such modification.

We are committed to conducting business in accordance with this policy in order to ensure that the confidentiality of personal information is protected and maintained. If you have any questions about this Privacy Policy or the practices described herein, you may contact email us at: contact@emilywatsoncounseling.com or by mail at Emily Watson Counseling, 5900 Balcones Dr., #21318, Austin, TX 78731.

By using this Website you consent to our collection and use of your Personal Information as described in this Privacy Policy. We reserve the right to amend this Privacy Policy at any time with or without notice. The effective date of the privacy policy is December 15, 2021.