Privacy Policy for Personal Health Information “PHI ”

Notice of Privacy Practices and Confidentiality Information

THIS DOCUMENT SERVES AS A NOTICE FOR HOW HEALTH INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. This document, along with the “Informed Consent for Psychotherapy” and the “Practice Policies,” provide a clear framework for our work together.

Ideal Progress (“The Practice”) is committed to protecting your personal health information (“PHI”). All therapists at Ideal Progress keeps a record of treatment, including documenting emails, texts, phone calls, diagnosis/diagnoses, session notes, and a treatment plan. These records are kept to track your progress and to assure quality care and to comply with certain legal requirements.

This notice applies to all the records of your care generated by this mental health care practice. This notice will tell you about the ways in which Ideal Progress may use and disclose health information about you. This document also describes your rights to the health information that Ideal Progress keeps about you, along with legal obligations Ideal Progress has regarding the use and disclosure of your health information. Ideal Progress is required by law to:

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

• Give you this notice of Ideal Progress' legal duties and privacy practices with respect to health information.

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

Records will not be shared with exception of the boundaries discussed in this document. Records will be kept for at least 7 years but may be kept for longer. Records will be kept either through electronic health record keeping methods or in a paper file kept in locked/secure storage.

Your Rights

Your rights regarding PHI are explained below. To exercise these rights, please submit a written request to the Practice at the address noted below.

To Inspect and Copy PHI: You can ask for an electronic or paper copy of PHI. The Practice may charge you a reasonable fee. The Practice may deny your request if it believes the disclosure will endanger your life or another person's life. You may have a right to have this decision reviewed.

To Amend PHI: You can ask to correct PHI you believe is incorrect or incomplete. The Practice may require you to make your request in writing and provide a reason for the request. The Practice may deny your request. The Practice will send a written explanation for the denial and allow you to submit a written statement of disagreement.

To Request Confidential Communications: You can ask the Practice to contact you in a specific way. The Practice will say “yes” to all reasonable requests.

To limit what is used or shared: You can ask the Practice not to use or share PHI for treatment, payment, or business operations. The Practice is not required to agree if it would affect your care.

If you pay for a service or health care item out-of-pocket in full, you can ask the Practice not to share PHI with your health insurer.

You can ask for the Practice not to share your PHI with family members or friends by stating the specific restriction requested and to whom you want the restriction to apply.

To Obtain a List of Those With Whom Your PHI Has Been Shared

You can ask for a list, called an accounting, of the times your health information has been shared. You can receive one accounting every 12 months at no charge, but you may be charged a reasonable fee if you ask for one more frequently.

To Receive a Copy of This Notice

You can ask for a paper copy of this Notice, even if you agreed to receive the Notice electronically.

To Choose Someone to Act For You

If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights.

To File a Complaint If You Feel Your Rights Are Violated

You can file a complaint by contacting the Practice using the following information:

Ideal Progress

Jacque Tyrrell

jtyrrell.msw@gmail.com

443-371-3801

You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/

The Practice will not retaliate against you for filing a complaint.

To Opt Out of Receiving Fundraising Communications

The Practice may contact you for fundraising efforts, but you can ask not to be contacted again.

Our Uses and Disclosures

All communications and personal records with Ideal Progress (also are held in strict confidence, unless you request in writing to have all or part of your file released or if you sign a release of information form. As a healthcare provider, Ideal Progress is legally allowed to use or disclose records or information for treatment, payment, and other health care operational purposes. Anything said in therapy is confidential and may not be revealed to a third party without written authorization, except for the following limitations:

Child Abuse: Child abuse and/or neglect, which include but are not limited to domestic violence in the presence of a child, child on child sexual acting out/abuse, physical abuse, etc. If you reveal information about child abuse or child neglect, our staff is required by law to report this to the appropriate authority.

Vulnerable Adult Abuse: Vulnerable adult abuse or neglect. If information is revealed about vulnerable adult or elder abuse, our staff is required by law to report this to the appropriate authority.

Self-Harm: Threats, plans or attempts to harm oneself. Our staff is permitted to take steps to protect the client’s safety, which may include disclosure of confidential information.

Harm to Others: Threats regarding harm to another person. If you threaten bodily harm or death to another person, our staff is required by law to report this to the appropriate authority.

Court Orders & Legal Issued Subpoenas: If Ideal Progress or any Ideal Progress' staff receive a subpoena for your records, we will contact you so you may take whatever steps you deem necessary to prevent the release of your confidential information. Someone will contact you twice by phone. If we cannot get in touch with you by phone, we will send you written correspondence. If a court of law issues a legitimate court order, we are required by law to provide the information specifically described in the order. Despite any attempts to contact you and keep your records confidential, we are required to comply with a court order.

Law Enforcement and Public health: A public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability; to a health oversight agency for oversight activities authorized by law, including audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or action; limited information (such as name, address DOB, dates of treatment, etc.) to a law enforcement official for the purpose of identifying or locating a suspect, fugitive, material witness, or missing person; and information that your clinician believes in good faith establishes that a crime has been committed on the premises.

Governmental Oversight Activities: To an appropriate agency information directly relating to the receipt of health care, claim for public benefits related to mental health, or qualification for, or receipt of, public benefits or services when your mental health is integral to the claim for benefits or services, or for specialized government functions such as fitness for military duties, eligibility for VA benefits, and national security and intelligence.

Victim of a Crime: Limited information, in response to a law enforcement official's request for information about an you if you are suspected to be a victim of a crime; however, except in limited circumstances, we will attempt to get your permission to release information first.

Court Ordered Therapy: If therapy is court ordered, the court may request records or documentation of participation in services. Your therapist will discuss the information and/or documentation with you in session prior to sending it to the court.

Written Request: Clients must sign a release of information form before any information may be sent to a third party. A summary of visits may be given in lieu of actual “psychotherapy/process notes”, except if the third party is part of the medical team. If therapy sessions involve more than one person, each person over the age of 18 MUST sign the release of information before information is released.

Fee Disputes: In the case of a credit card dispute, Ideal Progress reserve the right to provide the necessary documentation (i.e. your signature on the “Therapy Consent & Agreement” that covers the cancellation policy to your bank or credit card company should a dispute of a charge occur. If there is a financial balance on account, a bill will be sent to the home address on the intake form unless otherwise noted.

Upon Your Death: To a law enforcement official for the purpose of alerting of your death if the there is a suspicion that such death may have resulted from criminal conduct; to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law.

To comply with other requests:

Coroners and Funeral Directors: To perform their legally authorized duties.

Organ Donation: For organ donation or transplantation.

Research: For research that has been approved by an institutional review board.

Inmates: The Practice created or received your PHI in the course of providing care.

Business Associates: To organizations that perform functions, activities or services on our behalf.

Couples Counseling & “No Secret” Policy: When working with couples, all laws of confidentiality exist. Ideal Progress requests that neither partner attempt to triangulate their therapist (or other staff) into keeping a “secret.” If one partner requests that their therapist keep a “secret” in confidence, they may choose to end the therapeutic relationship and give referrals for other therapists as your work and your goals then become counter-productive. However, if one party requests a copy of couples or family therapy records in which they participated, an authorization from each participant (or their representatives and/or guardians) in the sessions before the records can be released.

Group Therapy: The nature of group therapy makes it difficult to maintain confidentiality. If you choose to participate in group therapy, be aware that Ideal Progress or its staff cannot guarantee the security of your confidentiality. However, every effort will be taken to maintain your confidentiality by reminding group members of the importance of keeping what is said in group confidential.

Dual Relationships & Public Encounters: Your relationship with your therapist (or other staff) is strictly professional. In order to preserve this relationship, it is imperative that there is no relationship outside of Ideal Progress (ie: social, business, or friendship). If you run into your therapist (or other staff) in a public setting, they will not acknowledge you as this would jeopardize your confidentiality. You may choose to approach them, but in doing so, you acknowledge that your confidentiality could be at risk.

Social Media: No friend requests on our personal social media outlets (Facebook, LinkedIn, Pinterest, Instagram, Twitter, etc.) will be accepted from current or former clients. If you choose to follow or comment on our professional social media pages or posts, you do so at your own risk and you may risk breaching your own confidentiality. Ideal Progress or any of its staff cannot be held liable if someone identifies you as a client. Posts and information on social media are meant to be educational and should not replace therapy. Please do not contact your therapist (or other staff) through any social media site or platform. These platforms are not confidential, nor are they monitored, and may become part of your medical record.

Electronic Communication: If you need to contact your therapist outside of your sessions, please do so via phone or email.

Texting is not a substitute for sessions. Texting is not confidential or a secure way to communicate. If your preference is to text, you acknowledge that you are doing so at your own risk.

Do not use e-mail for emergencies. In the case of an emergency call 911, your local emergency hotline or go to the nearest emergency room. Additionally, e-mail is not a substitute for sessions. If you need to be seen, please call to book an appointment. While Ideal Progress uses encrypted and HIPAA compliant email service, we cannot guarantee the confidentiality of emails. Do not communicate sensitive medical or mental health information via email. Furthermore, if you send email from a work computer, your employer has the legal right to read it. E-mail is a part of your medical record. If you choose to send emails, you are doing so at your own risk.

Sessions Outside the Office and Use of Telehealth in Public: Alternate locations may be used for sessions (i.e. home based, in public, school, or other location). The nature of concierge therapy makes it difficult to maintain confidentiality. If you choose to have sessions in an alternate location, be aware that Ideal Progress or its affiliates cannot guarantee the security of your confidentiality. If you participate in sessions via telehealth, it is up to you to ensure your privacy on your/the client's end.

Routine Uses and Disclosures of PHI

The Practice is permitted under federal law to use and disclose PHI, without your written authorization, for certain routine uses and disclosures, such as those made for treatment, payment, and the operation of our business. The Practice typically uses or shares your health information in the following ways:

To Treat You: The Practice can use and share PHI with other professionals who are treating you. Example: Your primary care doctor asks about your mental health treatment.

To run the health care operations: The Practice can use and share PHI to run the business, improve your care, and contact you. Example: The Practice uses PHI to send you appointment reminders if you choose.

To bill for your services: The Practice can use and share PHI to bill and get payment from health plans or other entities. Example: The Practice gives PHI to your health insurance plan so it will pay for your services.

Health Insurance: By using insurance, Ideal Progress and its affiliates are required to give a mental health disorder diagnosis that goes in your medical record. The clinical diagnosis is based on your current symptoms even though you may have been previously diagnosed. Your diagnosis will be discussed during session. Your insurance company will know the times and dates of services provided. They may request further information to authorize additional services regarding treatment.

Important: Some psychiatric diagnoses are not eligible for reimbursement (ie: marriage/couples therapy). In the event of non-coverage or denial of payment, you will be responsible to pay for services provided. Ideal Progress reserves the right to seek payment of unpaid balances by collection agency or legal recourse after reasonable notice to the client.

Pre-Authorization & Reduced Confidentiality: When visits are authorized, usually only a few sessions are granted at a time. When these sessions are complete, we may need to justify the need for continued service, potentially causing a delay in treatment. If insurance is requesting information for continued services, confidentiality cannot be guaranteed. Sometimes, additional sessions are not authorized, leading to an end of the therapeutic relationship even if therapeutic goals are not met.

Potential Negative Impacts of a Diagnosis: Insurance companies require clinicians to give a mental health diagnosis (i.e., “major depression” or “obsessive-compulsive disorder”) for reimbursement. Psychiatric diagnoses may negatively impact you in the following ways:

Denial of insurance when applying for disability or life insurance;

Company (mis)control of information when claims are processed;

Loss of confidentiality due to the increased number of persons handling claims.

Loss of employment and/or repercussions of a diagnosis in situations where you may be required to reveal a mental health disorder diagnosis on your record. This includes but is not limited to: applying for a job, financial aid, and/or concealed weapons permits.

A psychiatric diagnosis can be brought into a court case (ie: divorce court, family law, criminal, etc.).

It is important that you’re an informed consumer. This allows you to take charge regarding your health and medical record. At times, having a diagnosis can be helpful (ie: child needing extra services in the school system or a person being able to receive disability).

If you would like to waive the use of your insurance, you may do so by notifying your therapist or the practice. By doing this, you are agreeing to pay out-of-pocket rates. The benefits of waiving your insurance include: more privacy and more flexibility in treatment

Uses and Disclosures of PHI That May Be Made

Without Your Authorization or Opportunity to Object

The Practice may use or disclose your PHI without your authorization or opportunity to object in the following circumstances:

Unless you object, the Practice may disclose PHI to your family, friends, or others if PHI directly relates to that person's involvement in your care.

If it is in your best interest because you are unable to state your preference.

Uses and Disclosures of PHI Based Upon Your Written Authorization

The Practice must obtain your written authorization to use and/or disclose PHI for the following purposes:

Marketing, sale of PHI, and psychotherapy notes.

You may revoke your authorization, at any time, by contacting the Practice in writing, using the information above. The Practice will not use or share PHI other than as described in Notice unless you give your permission in writing.

Our Responsibilities

The Practice is required by law to maintain the privacy and security of PHI.

The Practice is required to abide by the terms of this Notice currently in effect. Where more stringent state or federal law governs PHI, the Practice will abide by the more stringent law.

The Practice reserves the right to amend Notice. All changes are applicable to PHI collected and maintained by the Practice. Should the Practice make changes, you may obtain a revised Notice by requesting a copy from the Practice, using the information above, or by viewing a copy on the website www.myidealprogress.com/privacypolicies

The Practice will inform you if PHI is compromised in a breach.