PRIVACY & POLICY ON LIMITS OF CONFIDENTIALITY
LIMITS ON CONFIDENTIALITY
Florida law protects the privacy of all communication between a patient and mental health professionals. In most situations, a Release of information must be signed as written authorization that meets certain legal requirements. There are some situations where mental health professionals are permitted to disclose information without either your consent or authorization. If such a situation arises, we will limit the disclosure as to what is necessary.
The following are reasons to release your information without authorization:
1. If you are involved in a court proceeding and a request is made for information concerning your diagnosis and treatment, the psychotherapist-patient privilege law protects such information. Any information cannot be provided without your (or your legal representative’s) written authorization, or a court order, or if a subpoena is received of which you have been properly notified and you have failed to inform that you oppose the subpoena. If you are involved in or contemplating litigation, you should consult with an attorney to determine whether a court would be likely to order to disclose privileged information.
2. If a government agency is requesting your information for health oversight activities, within its appropriate legal authority, we may be required to provide it to them.
3. If a patient files a complaint or lawsuit against me, I may disclose relevant information regarding that patient in order to protect myself.
4. We may disclose the minimum necessary health information to office staff that perform functions on our behalf or provide us with services if the information is necessary for such functions or services. Staff sign agreements to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our agreement.
Based on Florida Statute § 39.01(72), mental health professionals are Mandated Reporters and have the Duty to Warn.
There are some situations in which mental health professionals are legally obligated to take actions, which we believe are necessary to
attempt to protect others from harm and we may have to reveal some information about a patient’s treatment. These instances are as follows:
- If we know, or have reason to suspect, that a child under 18 is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or any other person responsible for the child’s welfare, the law requires that we file a report with the Florida Abuse Hotlines. Once such a report is filed, we may be required to provide additional information.
- If we know or have reasonable cause to suspect that a vulnerable adult has been abused, neglected, or exploited, the law requires that we file with the Florida Abuse Hotline. Once such a report is filed, we may be required to provide additional information.
- If we believe that there is a clear and immediate probability of physical harm to a patient, to other individuals, or to society, we may be required to disclose information to take protective action, including communicating the information to the potential victim(s), and/or appropriate family member(s), and/or the police or seek hospitalization of the patient.
CLIENT RIGHTS AND MENTAL HEALTH PROFESSIONALS' DUTIES
Use and Disclosure of Protected Health Information:
• For Evaluations – You will have to sign an authorization for release of information to your attorney and/or legal team.
• For Operations – We may also use your information to tell you about services, educational activities, and programs that we feel might be of interest to you.
Patient’s Rights:
• Right to Confidentiality – You have the right to have your health information protected. Since you will pay services out-of-pocket, we will not share your information for the purpose of payment or our operations. We will agree to such unless a law requires us to share that information.
• Right to Request Restrictions – You have the right to request restrictions on certain uses and disclosures of protected health information about you. However, we are 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, upon your written request.
• Right to Inspect and Copy – You have the right to inspect or obtain a copy (or both) of PHI. Records must be requested in writing and a release for information must be completed and signed by you. Furthermore, there is a copying fee charge of $1.00 per page. Please make sure your request is made in advance and allow 2 weeks to receive the copies. If we refuse your request to access your records, you have a right to discuss the denial upon request.
• Right to Amend – If you believe the information in your records is incorrect and/or missing important information, you can request to make certain changes, also known as amending, to your health information. You must make this request in writing and provide the reasons you want to make the changes, and we will make the determination to do so or refuse to do so, and a written explanation will be provided within 30 days from the requested date.
• Right to Copy of this Notice – You will receive all paperwork electronically. If you completed this paperwork in the office at your first session, a copy will be provided to you per your request or at any time.
• Right to Accounting – You have the right to receive an accounting ledger of our services, which will inform you of the paid fees and costs and any balance due.
• Right to Choose Someone to Act for you – If someone is your legal guardian or has any legal authority to exercise your rights and make choices about your health information; we will make sure the person provides proof of such authority and only then can act on your behalf.
• Right to Choose – You have the right to choose your mental health professional. If you decide not to receive further services, upon your request, a termination process will commence.
• Right to Terminate – You have the right to terminate our services at any time without any legal or financial obligations other than those already accrued. Please discuss your decision during the scheduled session before terminating or at least contacting via phone to discuss your termination request.
• Right to Release Information with Written Consent – With your written consent, any part of your record can be released to any person or entity you designate. We will discuss whether or not releasing the information in question to that person or entity may have implications any to you.
Our Duties:
• We are required by law to maintain the privacy of PHI and to provide you with a notice of our legal duties and privacy practices with respect to PHI. We reserve the right to change the privacy policies and practices described in this Notice. If any policy and/or procedure is revised, you will be provided with a revised notice in the next session.
COMPLAINTS
If you are concerned that any of your privacy rights have been violated, or you disagree with a decision or process to access or release your protected records, please immediately contact our office and it will be addressed immediately.