Policies

NOTICE OF PRIVACY PRACTICES

PLEASE REVIEW THIS NOTICE CAREFULLY, AS IT DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

Your Protected Health Information (PHI) includes any information that identifies you and relates to your past, present, or future physical or mental health condition and related healthcare services. This Notice of Privacy Practices explains how we may use and disclose your PHI for purposes of treatment, payment, and healthcare operations (TPO), as well as other uses permitted or required by law. This includes compliance with the Health Insurance Portability and Accountability Act (HIPAA), its related regulations (including the Privacy and Security Rules), and the NASW Code of Ethics.

You also have specific rights regarding your PHI, including how you can access and control your information.

We are legally required to:

Protect the privacy of your PHI,
Provide you with this notice of our privacy practices and legal responsibilities, and
Follow the terms of this notice currently in effect.

We reserve the right to update or revise this Notice of Privacy Practices at any time. Any changes will apply to all PHI we maintain at the time of the update. A revised notice will be made available to you by:

Posting it on our website,
Providing a copy at your next appointment, or
Mailing it to you upon request.

HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU

Your Protected Health Information (PHI) may be used and disclosed by your therapist and authorized individuals outside of our practice who are involved in your care. This is done for purposes such as providing treatment, processing healthcare payments, and supporting the operational functions of the therapist’s practice. Your PHI may also be used or disclosed as permitted or required by applicable law.

For Treatment: We may use and disclose your Protected Health Information (PHI) as necessary to provide, coordinate, or manage your healthcare and related services. This may include consultations with clinical supervisors or other members of your treatment team. Any disclosure of your PHI to external consultants will only occur with your written authorization.
For Payment: We may use and disclose your Protected Health Information (PHI) as necessary to obtain payment for the services we provide. This will only occur with your written authorization. Examples of payment-related activities include verifying insurance coverage and eligibility, processing insurance claims, reviewing services for medical necessity, and conducting utilization reviews, if insurance is accepted

If collection efforts become necessary due to nonpayment, we will disclose only the minimum amount of PHI required to facilitate the collection process.
For Healthcare Operations: We may use or disclose your Protected Health Information (PHI) as needed to support the routine operations of our practice. This may include activities such as quality improvement, staff performance reviews, licensing, and other essential business functions.

For example, we may share your PHI with trusted third-party service providers (such as billing or transcription services), but only under a written agreement that requires them to protect the privacy and security of your information.

Any use of your PHI for training or educational purposes will only occur with your explicit written authorization.
Required by Law. Under the law, we must disclose your PHI to you upon your request.
Disclosures Without Authorization:
Under applicable laws and ethical standards, we may disclose your information without your written authorization in a limited number of situations. Below are categories of uses and disclosures permitted by HIPAA without prior consent.

5a. Abuse or Neglect: We may disclose your Protected Health Information (PHI) to a state or local agency authorized by law to receive reports of abuse, neglect, or exploitation of children or vulnerable adults.

5b. Judicial and Administrative Proceedings: We may disclose your Protected Health Information (PHI) in response to a subpoena (with your written consent), court order, administrative order, or other lawful process as permitted or required by law.

5c. Law Enforcement: We may disclose your Protected Health Information (PHI) to law enforcement officials when required by law or in response to a subpoena (with your written consent), court order, administrative order, or similar legal document. Disclosures may also be made for purposes such as identifying or locating a suspect, material witness, or missing person; assisting in investigations involving a crime victim or deceased individual; reporting a crime in an emergency; or addressing a crime that occurred on our premises.

5d. Medical Emergencies: In the event of a medical emergency, we may use or disclose your Protected Health Information (PHI) to medical personnel when necessary to prevent serious harm. We will make every effort to provide you with a copy of this Notice of Privacy Practices as soon as reasonably possible following the resolution of the emergency.

5e. To Prevent Serious Harm: We may disclose your Protected Health Information (PHI) when necessary to prevent or reduce a serious and imminent threat to your health or safety, or that of another person or the general public.

5f. Health Oversight: We may disclose your Protected Health Information (PHI) to a healthoversight agency when required by law for activities such as audits, investigations, inspections, and licensure reviews. For example, we are obligated to provide information to the U.S. Department of Health and Human Services when requested to verify our compliance with the HIPAA Privacy Rule.
With Authorization: Any use or disclosure of your Protected Health Information (PHI) not expressly permitted by applicable law will only be made with your written authorization. You have the right to revoke this authorization at any time, in writing, except to the extent that we have already acted in reliance on it.

YOUR RIGHTS REGARDING YOUR PROTECTED HEALTH INFORMATION (PHI)

You have the following rights concerning the Protected Health Information (PHI) we maintain about you:

Right to Access and Copy Your Records: You have the right to inspect and obtain a copy of your Protected Health Information (PHI) contained in a designated record set, which includes medical, mental health, and billing records used to make decisions about your care. This right may be limited only in exceptional cases where there is compelling evidence that access would cause serious harm to you, or if the information is contained in separately maintained psychotherapy notes.

If your records are maintained electronically, you may request an electronic copy of your PHI. You may also request that a copy be sent directly to another individual or entity of your choosing. A reasonable, cost-based fee may apply for copies of your records.
Right to Amend: If you believe that the Protected Health Information (PHI) we have about you is incorrect or incomplete, you have the right to request an amendment. While we review your request, we are not obligated to make the amendment. If your request is denied, you have the right to submit a statement of disagreement, which will be added to your record. We may also prepare a written rebuttal, and a copy of that rebuttal will be provided to you.

If you have questions or wish to request an amendment, please contact our Privacy Officer.
Right to an Accounting of Disclosures: You have the right to request a record (accounting) of certain disclosures of your Protected Health Information (PHI) made by our practice. This does not include disclosures made for treatment, payment, or healthcare operations. If you request more than one account within 12 months, we may charge a reasonable, cost-based fee for additional requests.
Right to Request Restrictions: You have the right to request restrictions on how your Protected Health Information (PHI) is used or disclosed for treatment, payment, or healthcare operations. While we are not required to agree to most restriction requests, we are required to honor a request to restrict disclosure of PHI to a health plan if the disclosure is for payment or healthcare operations and the related service was paid for in full out-of-pocket.
Right to Request Confidential Communication: You have the right to request that we communicate with you about health-related matters in a specific manner or at a designated location. We will accommodate all reasonable requests. To do so, we may ask you to provide information on how payments will be handled or to specify an alternative address or preferred method of contact as part of fulfilling your request.
Breach Notification: In the event of a breach involving your unsecured Protected Health Information (PHI), we are required to notify you. This notification will include details about the breach, what occurred, and steps you can take to protect yourself.
Right to a Copy of This Notice: You have the right to receive a copy of this Notice of Privacy Practices at any time. To exercise any of the rights outlined in this notice, please submit your request in writing to: Dr. Thomas L. Scott, LCDC, Sole Owner, T. L. Scott Counseling & Consulting Services, PLLC

COMPLAINTS
If you believe your privacy rights have been violated, you have the right to file a complaint. You may contact the Texas Behavioral Health Executive Council (BHEC) by:

Downloading a complaint form from the BHEC website
Calling the toll-free complaint referral line at (800) 821-3205

Please be assured that no retaliation will occur as a result of filing a complaint.

If you have any questions or concerns, you can contact Dr Thomas L. Scott, LCDC, Sole Owner of T. L. Scott Counseling & Consulting Services PLLC.