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17632
Irvine Blvd, Suite 240
Tustin, CA 92780
Clinical
Psychology
CA License #PSY5850
30 years of experience.
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NOTICE
OF PSYCHOLOGIST’S POLICIES AND PRACTICES
TO PROTECT THE PRIVACY OF YOUR HEALTH INFORMATION
THIS NOTICE DESCRIBES HOW PSYCHOLOGICAL AND MEDICAL INFORMATION
ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET
ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
I. Disclosures for Treatment, Payment, and Health Care
Operations
I may use or disclose your protected
health information (PHI), for certain treatment, payment,
and health
care operations purposes without your authorization.
In certain circumstances I can only do so when the person
or business
requesting your PHI gives me a written request that includes
certain promises regarding protecting the confidentiality
of your PHI. To help clarify these terms, here are some
definitions:
• “PHI” refers
to information in your health record that could identify
you.
• “Treatment and Payment Operations”
–
Treatment is when I provide or another healthcare
provider diagnoses or treats you. An example of treatment
would
be when I consult with another health care provider,
such as your family physician or another psychologist,
regarding
your treatment.
–
Payment is when I obtain reimbursement for your
healthcare. Examples of payment are when I disclose your
PHI to your
health insurer to obtain reimbursement for your health
care or to determine eligibility or coverage.
–
Health Care Operations is when I disclose your
PHI to your health care service plan (for example your
health insurer),
or to your other health care providers contracting with
your plan, for administering the plan, such as case management
and care coordination.
• “Use” applies only to activities within my office
such as sharing, employing, applying, utilizing, examining,
and analyzing information that identifies you.
• “Disclosure” applies to activities outside of
my office, such as releasing, transferring, or providing
access to information about you to other parties.
• “Authorization” means written permission for
specific uses or disclosures.
II. Uses and Disclosures Requiring Authorization
I
may use or disclose PHI for purposes outside of treatment,
payment, and health care operations when
your appropriate
authorization is obtained. In those instances when
I am asked for information for purposes outside of treatment
and payment operations, I will obtain an authorization
from you before releasing this information. I will
also
need to obtain an authorization before releasing your
psychotherapy notes. “Psychotherapy notes” are
notes I have made about our conversation during a private,
group, joint, or family counseling session, which I
have kept separate from the rest of your medical record.
These
notes are given a greater degree of protection than
PHI.
You may revoke or modify all such authorizations
(of PHI or psychotherapy notes) at any time; however,
the revocation
or modification is not effective until I receive it.
III. Uses and Disclosures with Neither Consent nor Authorization
I may use or disclose PHI without your consent or authorization
in the following circumstances:
• Child Abuse: Whenever I, in my professional capacity,
have knowledge of a child I know or reasonably suspect,
has been the victim of child abuse or neglect, I must report
such to the appropriate governmental agency. Also, if I
have knowledge of or reasonably suspect that mental suffering
has been inflicted upon a child or that his or her emotional
well-being is endangered in any other way, I may report
such to the above agencies.
•
Adult and Domestic Abuse: If I, in my professional capacity,
have knowledge of an incident that reasonably appears to
be physical abuse, abandonment, abduction, isolation, financial
abuse or neglect of an elder or dependent adult, or if
I am told by an elder or dependent adult that he or she
has experienced these or if I reasonably suspect such,
I must report the known or suspected abuse to the local
ombudsman or the local law enforcement agency.
I do not have to report such an incident if:
1)
I have been told by an elder or dependent adult that
he or she has experienced behavior constituting
physical
abuse, abandonment, abduction, isolation, financial
abuse or neglect;
2) I am not aware of any independent evidence that
corroborates the statement that the abuse has occurred;
3) the elder or dependent adult has been diagnosed
with a mental illness or dementia, or is the subject
of a court-ordered
conservatorship because of a mental illness or
dementia; and
4) in the exercise of clinical judgment, I reasonably
believe that the abuse did not occur.
•
Health Oversight: If a complaint is filed against
me with the California Board of Psychology, the Board
has the authority
to subpoena confidential mental health information
from me relevant to that complaint.
•
Judicial or Administrative Proceedings: If you
are involved in a court or administrative proceeding
and a request is
made about the professional services that I have
provided you, I must not release your information
without 1) your
written authorization or the authorization of
your attorney or personal representative; 2) a court
order
or an order
by an administrative agency; or 3) a subpoena
duces tecum (a subpoena to produce records) where the
party
seeking
your records provides me with a showing that
you or your attorney have been served with a copy of
the
subpoena,
affidavit and the appropriate notice, and you
have not notified me that you are bringing a motion
in the
court
to quash (block) or modify the subpoena. The
privilege may not apply when you are being evaluated
for
a third party or where the evaluation is court-ordered.
•
Serious Threat to Health or Safety: If you communicate
to me a serious threat of physical violence by
you against an identifiable victim, I must make reasonable
efforts
to communicate that information to the potential
victim and the police. If I have reasonable cause
to believe that
you are in such a condition, as to be dangerous
to yourself or others, I may release relevant information
as necessary
to prevent the threatened danger.
IV. Patient's Rights and Psychologist's Duties
Patient’s
Rights:
•
Right to receive a copy of an authorization.
•
Right to Request Restrictions –You have
the right to request restrictions on certain uses and
disclosures
of protected health information about you. However,
I am not required to agree to a restriction you request.
•
Right to Receive Confidential Communications by Alternative
Means and at Alternative Locations – You have
the right to request and receive confidential communications
of PHI by alternative means and at alternative locations.
(For example, you may not want a family member to
know
that you are seeing me. Upon your request, I will
send your bills to another address.)
•
Right to Inspect and Copy – You have the
right to inspect or obtain a copy (or both) of PHI in
my mental
health and billing records used to make decisions
about you for as long as the PHI is maintained in the
record.
I may deny your access to PHI under certain circumstances,
but in some cases you may have this decision reviewed.
On your request, I will discuss with you the details
of the request and denial process.
•
Right to Amend – You have the right to
request an amendment of PHI for as long as the PHI is
maintained in
the record. I may deny your request. On your request,
I will discuss with you the details of the amendment
process.
•
Right to an Accounting – You generally
have the right to receive an accounting of disclosures
of PHI for which
you have neither provided consent nor authorization
(as described in Section III of this Notice). On your
request,
I will discuss with you the details of the accounting
process.
•
Right to a Paper Copy – You have the right
to obtain a paper copy of the notice from me upon request,
even if
you have agreed to receive the notice electronically.
However, I generally do not communicate with patients
electronically.
• I
am required by law to maintain the privacy of PHI and
to provide you with a notice of my legal duties
and privacy practices with respect to PHI.
• I reserve the right to change the privacy policies and
practices described in this notice. Unless
I notify you of such changes, however, I am required to abide by the
terms currently in effect.
• If I revise my policies and procedures, I will notify you
by handing you a copy of my new policies and
procedures or by mailing them to you.
V. Complaints
If you are concerned that I have violated your privacy
rights, or you may complain to me, and I will not retaliate
against you for filing a complaint.
You may also send a written complaint to the Secretary
of the U.S. Department of Health and Human Services. I
can provide you with the appropriate address upon request.
VI. Effective Date, Restrictions, and Changes to Privacy
Policy
This notice will go into effect on April 14, 2003.
I reserve the right to change the terms of this notice
and to make the new notice provisions effective for all
PHI that I maintain. I will provide you with a revised
notice by handing it to you or mailing it to you.
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