HIPAA Privacy
Practices
HIPAA NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL/MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Effective Date-This notice is effective January 1, 2021.
Timothy Walsh, M.A. releases information in accordance with state and federal laws and the ethics of the counseling profession. This notice describes my policies related to the use and disclosure of protected health information (PHI) for the purposes of providing services. Providing treatment services, collecting payment and conducting healthcare operations are necessary activities for quality care. State and federal laws allow us to use and disclose your health information for these purposes.
I. My Duties
The privacy and confidentiality of your health information is very important and I am committed to protecting it to the extent I can, consistent with law and ethical standards. Your health information includes records that I create and obtain in order to provide care to you. For example, it includes a record of your symptoms, examination and test results if applicable, diagnoses, summary of treatment and referrals. Bills and other payment information is also included in the record of your health information.
This Notice tells you about the different ways I may use and disclose your health information. It also describes your rights and my obligations. I am required to:
maintain the privacy of your protected health information as required by law;
provide you with this Notice of my legal duties and privacy practices with respect to your health information that I collect and maintain;
follow the terms of my Notice that is currently in effect.
II. Uses and Disclosures of Protected Health Information –
Payment, Treatment and Health Care Operations
Under federal law, I am permitted to use and disclose personal health information without authorization for treatment, payment and health care operations. However, state law or the ACA’s Code of Ethics may require me to obtain your express authorization before disclosing certain portions of your record and protected health information. I may also choose to require your release of information in certain circumstances. Payment: While I am not currently working with insurance companies, I will provide a receipt to you, per your request, for you to submit to your insurance company. If your health insurance company needs more information than what is printed on your receipt, I will provide only the minimum amount of information necessary for the insurance company to process the claim. This may include the diagnosis and explanation of the care provided. Treatment: For example, I may discuss certain aspects of your counseling with your psychiatrist in order to provide the best treatment and medication for you. Likewise, your psychiatrist may discuss certain medication management issues with me so I can collaborate in treatment.
III. Other Uses and Disclosures of Protected Health Information/
Limitations of Confidentiality
Besides use and disclosure for treatment, payment and health care operations, I may use and disclose your personal health information without authorization for the following purposes.
Abuse, Neglect or Domestic Violence: I may disclose protected health information about you to a state or federal agency if I am required or permitted by law to report child or vulnerable adult abuse or neglect or domestic violence. When possible, and as consistent with my professional judgment in order to avoid harm to you or others, I will inform you of the need to make such a disclosure.
Judicial or Administrative Proceedings: I may disclose health information about you in the course of a judicial or administrative proceeding as required by law. For example, if a court orders me to release information, I must generally comply with the order. In some circumstances, I may be required to turn over information in response to a subpoena. If I receive a subpoena for your records, I will attempt to contact you and/or your attorney if that is feasible. Your attorney may be able to file a motion that will lead to a court order.
Law Enforcement: If authorized or required by law, I may release health information to law enforcement officials. For example, I may release information to help identify a suspect or fugitive or report a crime related to a medical emergency.
Health Oversight Activities: I may disclose health information about you to governmental, licensing, auditing or health care accrediting agencies where authorized or required by law. For example, information may be released to the state counselor licensure board if a complaint is filed against me.
III. Other Uses and Disclosures of Protected Health Information/
Limitations of Confidentiality
Appointment Reminders and other Health Services: I may contact you to remind you of appointments or to inform you of treatment alternatives or other options and services that may be of interest to you.Prevention of Serious Threat to Public Health or Safety: In accordance with law and ethics, I may use and disclose health information about you to prevent or minimize the risk of a serious and imminent threat to your health and safety or to the health and safety of another person or the public.
Minors: If you are an unemancipated minor under the law of the state of Pennsylvania, I may, in certain circumstances, disclose health information about you to a parent, guardian, or another authorized person, in accordance with law and ethics.
Parents: If you are the parent of an unemancipated minor, I may disclose health information about your child to you in certain circumstances. For example, if I must legally obtain your consent in order to treat your child when you are acting as your child’s “personal representative” under law, I may disclose health information about your child to you. In other circumstances, such as when your child is legally authorized to consent to treatment without separate consent from you, and where the child does not request that you act as his/her “personal representative,” I may not disclose health/mental health information about your child to you without your child’s authorization.
Personal Representative: If you are an adult or an emancipated minor, I may disclose health information about you to a “personal representative” authorized to act on your behalf in making health care decisions.
Research and Related Activities: I may disclose health information about you for research purposes in accordance with my legal and ethical obligations. Additionally, federal law allows us to create a “limited data set,” which does not include information such as your name, address, Social Security number. This limited data set may be shared with those who have signed a contract promising to protect the privacy of the information and to use it only for research, health care oversight, and health care operations.
Worker’s Compensation/Employee Assistance Program: I may disclose health information about you for worker’s compensation or employee assistance program as authorized or required by law. These programs provide benefits for certain work-related illnesses and injuries or employee-related mental health issues.
Required by Law: I may disclose information about you when required to do so by federal, state, or other applicable law.
Authorization Required for Other Uses or Disclosures: I will obtain your written authorization for any other use or disclosure of your protected health information. You have the right to revoke any authorization, in writing and in accordance with this Notice, to the extent that action has not been taken in reliance on the authorization. Psychotherapy notes are not among the records that you may, by law, review or copy, unless I believe it is in your best interests to access them. I will be happy to discuss the issue of psychotherapy notes with you if you have any questions.
Your Rights Regarding Health Information You have certain rights regarding health information that I create and maintain about you. These rights include:
Right to Inspect and Copy. With certain exceptions (such as psychotherapy notes as described above, information collected for certain legal proceedings, and health information restricted by law), you have the right to inspect and/or receive a copy of your records. If I am unable to accommodate your request, I will inform you in writing of the reason for the denial and your right, if any, to request a review of the denial. I may charge you a reasonable fee for copying your records.
Right to Request Communication by Alternative Means. If you would like me to communicate with you in a certain way (e.g., by leaving a message on your office phone number) or at a certain location (e.g., home only), I will make efforts to accommodate such requests for confidential communications as long as they are reasonable. I may request that you give me an alternative means to reach you, especially if there is an emergency. If I am unable to contact you using your requested means, I may contact you using any information I have.
Right to Request Restrictions. You have the right to request that I restrict or limit certain uses and disclosures of information. You may be asked to submit this request in writing. However, I am not required to agree to your request. I will let you know whether I am able to honor your request.
Right to Receive a Paper Copy of this Notice. You have the right to request a paper copy of this Notice at any time, even if you have agreed to receive it electronically. In order to make any requests or exercise any rights set forth above, you must submit your request in writing to Timothy Walsh, M.A., 179 Reese Road, Springfield, PA 19064.
You may also contact Timothy Walsh by phone or e-mail during normal office hours. Further contact information is set forth in Section V, immediately below this section. Timothy can be reached at 484-483-3737 or by e-mailing him at info@walshtherapy.com.
Questions or Complaints
If you believe that your privacy rights have been violated, you may file a written complaint and address it to Timothy Walsh, M.A. (listed in section VI above). If that does not satisfy your concern, you may complain to the Secretary of Health and Human Services (HHS). Instructions for filing a complaint with the appropriate office for your region can be found at https://www.hhs.gov/civil-rights/filing-a-complaint/complaint-process/index.html. Or, you may call 1-800-368-1019 and request instructions for filing a complaint. There will be no retaliation for filing a complaint.
Future Changes to this Notice and My Privacy Practices
I reserve the right to amend the terms of my privacy practices and policies and this Notice. If this Notice is revised, the changed terms will apply to all health information about you, including information obtained before the effective date of the revised Notice. Any materially revised Notice will be distributed to all clients, posted in my waiting area, and posted on my website.
CLIENT RIGHTS AND RESPONSIBILITIES
As a client of Timothy Walsh, M.A., you have the following rights:
To be treated with dignity and respect at all times. You will not be subjected to harsh or unusual treatment or be deprived of any civil rights while a client of Timothy Walsh;
To expect that a licensee/pre-licensee has met the minimal qualifications of training and experience required by state law;
To examine public records maintained by the Board and to have the Board confirm credentials of a license.
To obtain a copy of the Code of Ethics;
To report complaints to the Pennsylvania State Board of Social Workers, Marriage and Family Therapists and Professional Counselors;
To be informed of the cost of professional services before receiving the services;
To be assured of privacy and confidentiality while receiving services as defined by rule and law, including the following exceptions:
Reporting suspected child abuse
Reporting imminent danger to client or others;
Reporting information required in court proceedings or by client's insurance company, or other relevant agencies;
Providing information concerning licensee/pre-licensee case consultation or supervision;
Defending claims brought by client against licensee/pre-licensee; and
In the event of an emergency when I would tell emergency personnel your name.
To be free from being the object of discrimination on the basis of race, religion, gender, or other unlawful category while receiving services.
As a client of Timothy Walsh, M.A., you have the following responsibilities:
To provide accurate and complete information concerning your present complaints, present/past medical/personal history, and other matters relating to your current condition and life circumstances.
To make it known to the therapist whether he/she comprehends clearly the course of treatment and what is expected from him/her.
To read all handouts: Informed Consent for Treatment/Policies & Procedures, Adolescent Informed Consent for Treatment (if applicable), Client Notice of Privacy Practices, Client Rights and Responsibilities, Social Media Policy, Client Release of Information Forms, Credit Card Authorization Form (if applicable).
To keep appointments and notifying the therapist at least 48 hours in advance if you are unable to make your appointment.
To adhere to treatment recommendations. While entering into therapy is voluntary, during the course of your care, your therapist will make recommendations that are specific to your presenting problem and circumstance. While there are benefits to following these recommendations, choosing not to adhere to them could result in consequences. Those consequences will be discussed in greater detail during the session.
To pay all fees incurred for treatment services at the time of service.
As a client of Timothy Walsh, M.A., I acknowledge that I have been given the Privacy Notice required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that prescribes legal duties and privacy practices to protect the privacy of my individually identifiable health information, by Timothy Walsh, M.A. I also acknowledge that my therapist verbally explained the HIPAA laws and my client rights.
Electronic & Social Media Policy
This page outlines my office policies related to use of electronic communication on social media. Please read it to understand how I conduct myself on the Internet as a mental health professional and how you can expect me to respond to various interactions that may occur between us on the Internet. If you have any questions about anything on this page, I encourage you to bring them up when we meet. As new technology develops and the Internet changes, there may be times when I need to update this policy. If I do so, I will notify you in writing of any policy changes and make sure you have a copy of the updated policy.
Friending and Following
I do not accept friend requests from current or former clients on any social networking site (Facebook, LinkedIn, Instagram, Twitter, etc.). I believe that adding clients as friends for contacts on these sites can compromise your confidentiality and our respective privacy. It may also blur the boundaries of our therapeutic relationship. If you have questions about this, please bring them up when we meet and we can talk about it more.
Location-based Services
I do not place my practice as a check-in location on various sites such as SquareUp, Foursquare, Loopt, etc. however, if you have GPS tracking enabled on your device, it is possible that others may surmise that you are a therapy client due to regular check-ins at my office on a weekly or bi-weekly basis. Please be aware of this risk if you are intentionally "checking in," from my office or if you have a passive LBS app enabled on your phone.
Interacting
If you need to contact me between sessions, the best way to do so is by phone. Direct email to info@walshtherapy.com or SMS (text message) is second best for quick, administrative issues such as changing appointment times. See the email/SMS section below for more information regarding these interactions.
Email/SMS Text/iMessage
I prefer using email, SMS text messaging or iMessages only to arrange or modify appointments. If you choose to purchase one of my message-based counseling packages for skills building work or clinical counseling support/checkins, we will utilize an encrypted, HIPAA compliant messaging service. Please do not email/text content related to your therapy sessions.
Use of Search Engines
If I have a reason to suspect that you are in danger and you have not been in touch with me via our usual means (coming to appointments, phone or email) there might be an instance in which using a search engine (to find you, find someone close to you, or to check on your recent status updates) becomes necessary as part of ensuring your welfare.
Payment
At this time, I accept the following electronic-based payment systems: Square. In order to maintain your confidentiality, I encourage you to be mindful in how you use these payment options and how you label your payments as these are not secure forms of communication and may be monitored by the payment system.
Business Review Sites
You may find my counseling practice on sites such as Yelp, Healthgrades, Yahoo Local, Bing, or other places which list businesses. Some of these sites include forums in which users can rate their providers and add reviews. Many of these sites comb search engines for business listings and automatically add listings regardless of whether the business has added itself to the site.
Conclusion
Thank you for taking the time to review my Electronic and Social Media Policy. If you have questions or concerns about any of these policies and procedures, or regarding our potential interactions on the Internet, do bring them to my attention so that we can discuss them.