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Notice of Privacy Practices

  1. FLOURISH’S PLEDGE REGARDING HEALTH INFORMATION

 

Flourish understands that health information about you and your health care is personal. As such, we are committed to protecting your private and sensitive health information. All Flourish providers create a record of the care and services you receive from Flourish. We need this record to provide you with quality care and to comply with certain legal requirements. This Notice applies to all the records of your care generated by any provider of Flourish providing care, therapy, or other treatment to you.

 

This notice will tell you about the ways in which Flourish may use and disclose health information about you. It also describes your rights to the health information Flourish maintains about you and describes certain obligations Flourish has regarding the use and disclosure of your health information. As a part of these obligations, Flourish is required by law to:

 

  • Ensure that protected health information (“PHI”) as defined in the the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that identifies you is kept private;

 

  • Give you this notice of Flourish’s legal duties and privacy practices with respect to your health information; and

 

  • Follow the terms of the Notice that is currently in effect.

 

Note that Flourish can change the terms of this Notice at its discretion in accordance with state and federal law, and such changes will apply to all information Flourish maintains about you. The new Notice will be available upon request, in the Flourish office, and on the Flourish website.

 

  1. HOW FLOURISH MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU

 

The following categories describe different ways Flourish may use and disclose health information. For each category of uses or disclosures, you will be provided with an explanation and examples. Not every use or disclosure in a category will be listed. However, all the ways Flourish and its providers are permitted to use and disclose information will fall within one of the categories.

 

  1. For Treatment, Payment, or Health Care Operations: Federal privacy rules allow health care providers who have direct treatment relationship with the patient to use or disclose the patient’s personal health information without the patient’s written authorization in order to carry out the health care provider’s own treatment, payment, or health care operations. Flourish may also disclose your protected health information for the treatment activities of any health care provider. This too can be done without your written authorization. For example, if your provider were to consult with another licensed health care provider about your condition, Flourish would be permitted to use and disclose your person health information, which is otherwise confidential, in order to assist your provider in diagnosis and treatment of your mental health condition.

 

  1. Where Minimum Necessary Standard Does Not Apply. Disclosures for treatment purposes are not limited to the “Minimum Necessary” standard. This is because therapists and other health care providers need access to the full record and/or full and complete information in order 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.

 

  1. Lawsuits and Disputes: If you are involved in a lawsuit, Flourish may be required to disclose health information in response to a court or administrative order. Flourish 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. In so doing, Flourish will attempt to notify you about the request, order, subpoena, or other legal process before providing any information unless otherwise ordered by a court or necessary to comply with a legal order. In some circumstances, Flourish may attempt to obtain an order protecting the information requested from disclosure if there is a lawful and appropriate basis to do so.

 

  1. CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION

 

  1. Psychotherapy Notes. Flourish providers maintain “psychotherapy notes” as that term is defined in 45 CFR § 164.501, and any use or disclosure of such notes requires your written authorization unless the use or disclosure is: i) for Flourish’s or your provider’s use in treating you; ii) for Flourish’s or your provider’s use in training or supervising mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy; iii) for Flourish’s or your provider’s use in defending the provider or Flourish in legal proceedings instituted by you; iv) for use by the Secretary of Health and Human Services to investigate Flourish’s or your provider’s compliance with HIPAA; v) as required by law and the use or disclosure is limited to the requirements of such law; vi) as required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes; vii) as required by a coroner who is performing duties authorized by law; and viii) as required to help avert a serious threat to the health and safety of others.

 

  1. Marketing Purposes. As a psychotherapy provider, Flourish will not use or disclose your PHI for marketing purposes.

 

  1. Sale of PHI. As a psychotherapy provider, Flourish will not sell your PHI in the regular course of business.

 

  1. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION.

 

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

 

  1. When disclosure is required by state or federal law, and the use or disclosure complies with and is limited to the relevant requirements of such law;

 

  1. For public health activities, including reporting suspected child, elder, or dependent adult abuse, or preventing or reducing a serious threat to anyone’s health or safety;

 

  1. For health oversight activities, including audits and investigations;

 

  1. For judicial and administrative proceedings, including responding to a court or administrative order, although Flourish’s preference is to obtain an authorization from you before doing so;

 

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

 

  1. To coroners or medical examiners, when such individuals are performing duties authorized by law;

 

 

  1. For research purposes, including studying and comparing the mental health of patients who received one form of therapy versus those who received another form of therapy for the same condition;

 

  1. For specialized government functions, including i) ensuring the proper execution of military missions; ii) protecting the President of the United States; iii) conducting intelligence or counter-intelligence operations; or iv) helping to ensure the safety of those working within or housed in correctional institutions;

 

  1. For workers’ compensation purposes in order to comply with workers' compensation laws although Flourish’s preference is to obtain an authorization from you before doing so; and

 

  1. For appointment reminders and health related benefits or services such as reminding you of an appointment, providing information about treatment alternatives, or communicating about other health care services or benefits offered by Flourish.

 

  1. CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT

 

Flourish 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 care and is expressly authorized by you to obtain your PHI and/or communicate with Flourish regarding your care, which may be revoked or withheld at any time in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.

 

  1. YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI

 

  1. The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to ask Flourish not to use or disclose certain PHI for treatment, payment, or health care operations purposes. Flourish is not required to agree to your request and may say “no” if your provider believes it would negatively affect your health care.

 

  1. The Right to Request Restrictions for Out-of-Pocket Expenses Paid for In Full. You have the right to request restrictions on disclosures of your PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service for which you have paid for out-of-pocket in full.

 

  1. The Right to Choose How Flourish Sends PHI to You. You have the right to ask Flourish to contact you in a specific way (for example, home or office phone) or to send mail to a different address and Flourish will agree to all reasonable requests.

 

  1. 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 Flourish maintains. Flourish 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. Flourish may charge a reasonable, cost-based fee for doing so.

 

  1. The Right to Get a List of the Disclosures Made. You have the right to request a list of instances in which Flourish has disclosed your PHI for purposes other than treatment, payment, or health care operations, or for which you provided Flourish with an authorization. Flourish will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list will include disclosures made in the last six years unless you request a shorter time. Flourish will provide the list to you at no charge, but if you make more than one request in the same year, Flourish will charge you a reasonable cost-based fee for each additional request.

 

  1. The Right to Correct or Update Your PHI. If you believe 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 Flourish correct the existing information or add the missing information. Flourish may say “no” to your request, but will tell you why in writing within 60 days of receiving your request.

 

  1. 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. Even if you have agreed to receive this Notice via e-mail, you also have the right to request a paper copy of it.

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