HIPAA Notice of Privacy Practices

Resilient Clinical Counseling, LLC is required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to maintain the privacy of your protected health information (PHI), to provide you with this Notice of Privacy Practices describing our legal duties and privacy practices with respect to PHI, and to abide by the terms of this Notice.

1. What is protected health information (PHI)?

Protected health information is individually identifiable health information that relates to your past, present, or future physical or mental health condition, the provision of health care to you, or the past, present, or future payment for health care services. This includes information in your clinical record, billing information, and any other information that could be used to identify you in connection with your health care.

2. How we may use and disclose your PHI

Uses and disclosures that do not require your authorization

Treatment: We may use or disclose your PHI to provide, coordinate, or manage your mental health care. For example, your counselor may consult with a clinical supervisor regarding your treatment, as required by Pennsylvania licensure regulations for Licensed Associate Professional Counselors (LAPCs).

Payment: We may use or disclose your PHI to obtain payment for services we provide. This may include providing a superbill to you for submission to your insurance company for out-of-network reimbursement.

Health care operations: We may use or disclose your PHI for practice operations, such as quality assessment, compliance activities, audits, and business management.

As required by law: We may disclose PHI when required to do so by federal, state, or local law.

To avert a serious threat: We may use or disclose PHI when necessary to prevent a serious and imminent threat to your health or safety or the health or safety of another person or the public.

Mandated reporting: As a mandated reporter under Pennsylvania’s Child Protective Services Law (23 Pa. C.S. Chapter 63), we are required to report suspected child abuse or neglect to the appropriate authorities. We are also required to report suspected abuse, neglect, or exploitation of older adults under Pennsylvania’s Older Adults Protective Services Act (35 P.S. § 10225.101 et seq.).

Judicial and administrative proceedings: We may disclose PHI in response to a court order or subpoena, in accordance with applicable law.

Uses and disclosures that require your written authorization

Except as described above, we will not use or disclose your PHI without your written authorization. Uses and disclosures requiring your authorization include most marketing purposes, sale of your PHI, most disclosures of psychotherapy notes (with specific exceptions permitted by law), and any other uses or disclosures not described in this Notice. You may revoke your authorization in writing at any time, except to the extent that we have already acted in reliance on your authorization.

3. Special protections for psychotherapy notes

Psychotherapy notes — the personal notes your counselor takes during or after a session that are kept separate from the clinical record — receive additional protections under HIPAA. In most circumstances, we must obtain your specific written authorization before disclosing psychotherapy notes, even for treatment, payment, or health care operations purposes. Exceptions exist for certain legal proceedings, oversight activities, and when necessary to avert a serious threat.

4. Your rights regarding your PHI

Right to access: You have the right to request access to and obtain a copy of your clinical record and billing information. We may charge a reasonable, cost-based fee for copies.

Right to amend: You have the right to request an amendment to your PHI if you believe the information is incorrect or incomplete. We may deny this request in certain circumstances, and if we do, we will explain the reason in writing.

Right to an accounting of disclosures: You have the right to request a list of certain disclosures we have made of your PHI. This list does not include disclosures made for treatment, payment, or health care operations, or disclosures you authorized in writing.

Right to request restrictions: You have the right to request that we restrict how we use or disclose your PHI. We are not required to agree to your request, except that we must agree to restrict disclosures to a health plan for services you paid for in full out of pocket if you request it.

Right to request confidential communications: You have the right to request that we communicate with you at a specific phone number, email address, or mailing address.

Right to a paper copy of this notice: You have the right to receive a paper copy of this Notice at any time, even if you have previously agreed to receive it electronically.

5. Telehealth and electronic communication

All clinical services are provided via telehealth using a HIPAA-compliant video platform. We take reasonable precautions to protect your PHI during electronic communications. However, no method of electronic transmission is completely secure. Standard email and website contact forms are not considered secure for PHI. We will establish HIPAA-compliant communication methods with you when you become a client.

6. Clinical supervision disclosure

Karen Cummings-Wedding, LAPC, NCC, provides counseling services under the clinical supervision of a Licensed Professional Counselor (LPC) as required by the Pennsylvania State Board of Social Workers, Marriage and Family Therapists and Professional Counselors. As part of this supervision, certain clinical information may be discussed with the supervising LPC for the purposes of training, quality of care, and compliance with licensure requirements. The supervising LPC is also bound by HIPAA privacy regulations and professional ethical standards.

7. Breach notification

In the event of a breach of your unsecured PHI, we will notify you as required by the HIPAA Breach Notification Rule (45 CFR §§ 164.400-414). Notification will be made without unreasonable delay and in no case later than 60 calendar days from the discovery of the breach.

8. Complaints

If you believe your privacy rights have been violated, you have the right to file a complaint with us directly or with the U.S. Department of Health and Human Services Office for Civil Rights. You will not be retaliated against for filing a complaint.

Office for Civil Rights — U.S. Department of Health and Human Services
200 Independence Avenue, S.W., Room 509F, HHH Building
Washington, D.C. 20201
Toll-free: 1-877-696-6775
Website: www.hhs.gov/ocr

9. Changes to this notice

We reserve the right to change the terms of this Notice at any time. Any changes will apply to all PHI we maintain. The revised Notice will be posted on this website and will be made available to you upon request.

10. Contact information

For questions about this Notice or to exercise your rights, contact:

Resilient Clinical Counseling, LLC
Email: legal@resilientclinicalcounseling.com

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