NOTICE OF PRIVACY PRACTICES
Updated 2022
Protecting the security and privacy of clients’ Personal Health Information (PHI) is very important to Open Heart Counseling of Austin PLLC (OHCA). The following notice tells you about the duty to protect your PHI, how the practice/staff of the practice may use or disclose your health information, your privacy rights, and how you can gain access to it. Please review it carefully.
PRIVACY PRACTICES
Designated Privacy and Security Officer for Open Heart Counseling of Austin PLLC
All considerable measures have been taken to ensure confidentiality of emails/texts sent and received but, these forms of communication are not encrypted. At your own risk, you can choose to opt-in to electronic communication by signing an authorization form provided by OHCA. Please be aware of the risks taken when sharing personal information this way:
CLIENT PRIVACY
Private Health Information may be used and disclosed in the following circumstances:
If you as the client feel your privacy has been violated, you have the right to contact The U.S. Department of Health & Human Services Office of Civil Rights at www.hhs.gov/ocr/hipaa/ or The Office of the Attorney General at https://www.texasattorneygeneral.gov/cpd/state-and-federal-health-privacy-laws.
Updated 2022
Protecting the security and privacy of clients’ Personal Health Information (PHI) is very important to Open Heart Counseling of Austin PLLC (OHCA). The following notice tells you about the duty to protect your PHI, how the practice/staff of the practice may use or disclose your health information, your privacy rights, and how you can gain access to it. Please review it carefully.
PRIVACY PRACTICES
Designated Privacy and Security Officer for Open Heart Counseling of Austin PLLC
- Lacey Fisher, LPC-S, RPT-S, PMH-C is the designated Privacy Officer and Security Officer for (OHCA).
- All privacy and security questions, requests, and concerns should be directed to Lacey Fisher and she will be responsible for handling them.
- Victims of Abuse, Neglect, or Domestic Violence- If any clinician of OHCA believes you or your child are victims of abuse, neglect, or domestic violence, the clinician may disclose health information about you or your child to a governmental agency that requires such reports as mandated by Texas law.
- Serious Threat to Health or Safety- OHCA may use or disclose health information about you or your child if the clinician believes the use or disclosure is needed to prevent a serious and immediate threat to the health and safety of yourself, a person or the public.
- In Judicial Proceedings- OHCA may disclose your or your child’s health information in any criminal or civil proceeding if a court or judge has issued a court order or subpoena that requires us to disclose it.
All considerable measures have been taken to ensure confidentiality of emails/texts sent and received but, these forms of communication are not encrypted. At your own risk, you can choose to opt-in to electronic communication by signing an authorization form provided by OHCA. Please be aware of the risks taken when sharing personal information this way:
- Mis-delivery of email/text to an incorrectly typed address or number.
- Email accounts can be "hacked", giving a 3rd party access to email content and addresses.
- Email/texts messaging providers can keep a copy of each email/text on their servers, where it might be accessible to employees, etc.
- Computers, emails, and cell phones contain password protection and have limited user access.
- Computer notes are encrypted and require password to access and/or view.
- When electronic devices, such as cell phones, computers, etc. are retired, they are sanitized of information before recycling.
- If there are any complaints filed against me, this will be recorded on OHCA agency Complaints Form.
- If there is a breach regarding your PHI, OHCA will personally contact you to let you know the extent of the breach and what is being done to contain the situation.
- OHCA does not use any of your PHI for marketing purposes and does not sell any information to outside entities.
- OHCA follows all Ethical Codes and State Laws, which help in securing your information.
- All OHCA clinicians receive training concerning HIPAA laws and compliance and will continue to attend trainings as required by law.
- All HIPAA documentation will be kept on file for a minimum of 6 years.
- OHCA practice stores client files under lock and key for 7 years after the last session.
- If something should happen to Lacey Fisher, a designated counselor, listed in the Consent for Counseling Services, would take possession of these files.
- They will store them under the same guidelines, protecting confidentiality.
- Once a file is ready to be destroyed, it is shredded.
- Again, the protection of your PHI is important to OCHA. Please let Lacey Fisher or your clinician know if you have questions about this Privacy Policy. There is more information regarding HIPAA on OHCA practice’s website and included in the initial paperwork packet.
CLIENT PRIVACY
Private Health Information may be used and disclosed in the following circumstances:
- Information that is necessary in order to file insurance claims and successfully complete all billing and collection procedures.
- When required for public health issues such as workman's compensation.
- When required by any state or federal law, including cases of abuse and neglect.
- When required for any specialized government or military functions including active personnel, reservists, veterans, and discharged members of the military service. Also, for any person confined to a correctional institution or under any law enforcement supervision.
- When used for any clerical purposes and necessary chart audits by managed care companies.
- Excluding the circumstances listed above, OHCA will not release any information without your written permission. You can request a Release of Information consent form from.
- The right to review your records, receive a copy of your records, or amend your records by signing and sending a written request via mail or electronically. However, under certain rare circumstances your request can be denied. OHCA will inform you in writing if the request is denied. In case of denial of copy of your records, you may choose to receive a summary of progress instead. The summary includes information about symptoms and treatment plans/goals. Requests by text message will not be accepted.
- Requests for records will receive a response or be honored within 15 days.
- The right to request information of disclosures made by OCHA to any party that has requested information pertaining to your PHI.
- The right to receive confidential information regarding your PHI.
- The right to revoke this consent in writing; however, this will not affect any information already disclosed.
- Request a copy of this notice at any time.
- Make each client aware of the Privacy Notice and changes made to the Privacy Notice.
- At any time make the necessary changes to the Privacy Notice that are required by law.
If you as the client feel your privacy has been violated, you have the right to contact The U.S. Department of Health & Human Services Office of Civil Rights at www.hhs.gov/ocr/hipaa/ or The Office of the Attorney General at https://www.texasattorneygeneral.gov/cpd/state-and-federal-health-privacy-laws.
