Effective Date: October 2017
This HIPAA notice describes how medical information about you may be used, disclosed and safeguarded, and how you can get access to this information. Please review it carefully and let us know if you have any questions. It has been updated in accordance with new technology laws according to the HIPAA Omnibus regulations of 2013.
Who is Subject to This Notice:
ESAD to which the notice applies, as well as any Business Associates who receive protected health care information.
The confidentiality of your personal health information is very important to us. Your health information includes records that we create and obtain when we provide you care, such as a record of your symptoms, examination and test results, diagnoses, treatments and clinicals for further care. It also includes bills or other payment information that we maintain related to your care.
This Notice describes how we handle your health information and your rights regarding this information. Generally speaking, we are required to: maintain the privacy of your health information as required by law; provide you with this Notice of our duties and privacy practices regarding the health information about you that we collect and maintain; follow the terms of our Notice currently in effect.
After reviewing this Notice, if you need further information or want to contact us for any reason regarding the handling of your health information, please direct any communications to the following contact person:
980 N. Federal Highway, #110
Boca Raton Florida 33432
Uses and Disclosures of Information
Under federal and FL law, we are permitted to use and disclose personal health information without authorization for treatment, payment, and health care operations. However, state law may require us to obtain your express consent before we make certain disclosures of your personal health information. Participants in this organized health care arrangement also share health information with each other, as necessary to carry out treatment, payment, or health care operations relating to the organized health care arrangement.
Example of using or disclosing health information for health care operations:
In the course of providing treatment to patients, we perform certain important functions such as quality assessment, training programs, credentialing, medical review, etc. In performing such functions, we may rely on certain business associates to assist us. We will share with our business associates only the minimum amount of personal health information necessary for them to assist us.
Review of your Protected Health Information
You affirmatively consent to the fact that ESAD’s personnel will, as needed, review your particular “Session Transcripts” or “Rooms” in a HIPAA/HITECH approved form, generally but not limited to the following purposes:
- During your on-boarding and during the Provider matching process to ascertain you are able to successfully engage with the Provider. This access may be accomplished using an ESAD on-boarding specialist and not a Provider;
- To review your complaint about a particular issue/instance that your report about your Provider or about a particular language intention with your Provider;
- For your safety concerns or complaints of unethical Provider practices;
- To transition you to a new Provider or if your account is non responsive or inactive for an extended period of time; or
- To address raised quality assurance concern(s) that may apply to an individual Provider, a state-wide compliance issue or a national network issue.
You consent to ESAD using “Meta Data” and other search terms to scan only HIPAA ‘Safe Harbor” transcripts to search for trends and patterns that may affect the quality of services provided to you or the practices of the Providers. If your particular complaint requires a review of Session Transcripts in the original form, you consent to ESAD personnel accessing your account only to respond to your particular complaint or raised issue.
You consent to ESAD recording your calls to Customer Service to assist with quality assurance.
You affirmatively grant ESAD permission to have your Provider periodically provide non-content based clinical assessments of your progress to ESAD. You understand that ESAD may provide the Providers with clinical assessment tools that serve to provide information on your mental health and well-being and that results can be seen by your Provider to discuss with you.
All de-data, meta-data and research data collected by ESAD through your use of the Services remains the sole property of ESAD. You shall not request that ESAD remove or delete any of such data and agree that you waive any right, now or in the future to do so.
You agree that the email username you provide can be used by ESAD to send you marketing offers from ESAD Providers and ESAD partners.
You acknowledge and understand that ESAD may store all personal data as required by law, typically for no less than seven (7) years, and further, may be prohibited from deletion of such medical records data, even upon your direct request.
You acknowledge and understand that ESAD reserves the right, and in some states may be obligated should it become aware of same, to forward any and all transcripts or other information provided, to applicable law enforcement agencies should you disclose the intent to commit any crime or divulge certain prior criminal acts.
Other Uses and Disclosures
In addition to uses and disclosures related to treatment, payment, and health care operations, we may also use and disclose your personal information without authorization for the following additional purposes:
Abuse, Neglect, or Domestic Violence
As required or permitted by law, we may disclose health information about you to a state or federal agency to report suspected abuse, neglect, or domestic violence. If such a report is optional, we will use our professional judgment in deciding whether or not to make such a report. If feasible, we will inform you promptly that we have made such a disclosure.
We may share health information about you with business associates who are performing services on our behalf. For example, we may contract with a company to service and maintain our computer systems, or to do our billing. Our business associates are obligated by federal law to safeguard your health information, and these safeguards are further clarified as of the Omnibus law of 2013. We will share with our business associates only the minimum amount of personal health information necessary for them to assist us.
Communications with Family and Friends
We may disclose information about you to persons who are involved in your care or payment for your care, such as family members, relatives, or close personal friends. Any such disclosure will be limited to information directly related to the person’s involvement in your care. If you are available, we will provide you an opportunity to object before disclosing any such information. If you are unavailable because, for example, you are incapacitated or because of some other emergency circumstance, we will use our professional judgment to determine what is in your best interest regarding any such disclosure.
We may disclose health information about you for oversight activities authorized by law or to an authorized health oversight agency to facilitate auditing, inspection, or investigation related to our provision of health care, or to the health care system.
Judicial or Administrative Proceedings
We may disclose health information about you in the course of a judicial or administrative proceeding, in accordance with our legal obligations, for example, a court order.
We may disclose health information about you to a law enforcement official for certain law enforcement purposes. For example, we may report certain types of injuries as required by law, assist law enforcement to locate someone such as a fugitive or material witness, or make a report concerning a crime or suspected criminal conduct.
If you are an unemancipated minor under Massachusetts law, there may be circumstances in which we disclose health information about you to a parent, guardian, or other person acting in loco parentis, in accordance with our legal and ethical responsibilities.
We may notify a family member, your personal representative, or other person responsible for your care, of your location, general condition, or death. If you are available, we will provide you an opportunity to object before disclosing any such information. If you are unavailable because, for example, you are incapacitated or because of some other emergency circumstance, we will use our professional judgment to determine what is in your best interest regarding any such disclosure.
If you are a parent of an unemancipated minor, and are acting as the minor’s personal representative, we may disclose health information about your child to you under certain circumstances. For example, if we are legally required to obtain your consent as your child’s personal representative in order for your child to receive care from us, we may disclose health information about your child to you. In some circumstances, we may not disclose health information about an unemancipated minor to you. For example, if your child is legally authorized to consent to treatment (without separate consent from you), consents to such treatment, and does not request that you be treated as his or her personal representative, we may not disclose health information about your child to you without your child’s written authorization.
If you are an adult or emancipated minor, we may disclose health information about you to a personal representative authorized to act on your behalf in making decisions about your health care.
Public Health Activities
As required or permitted by law, we may disclose health information about you to a public health authority, for example, to report disease, injury, or vital events such as death.
Consistent with our legal and ethical obligations, we may disclose health information about you based on a good faith determination that such disclosure is necessary to prevent a serious and imminent threat to the public or to identify or apprehend an individual sought by law enforcement.
Required By Law
We may disclose health information about you as required by federal, state, or other applicable law.
Specialized Government Functions
We may disclose health information about you for certain specialized government functions, as authorized by law. Among these functions are the following: military command; determination of veterans benefits; national security and intelligence activities; protection of the President and other officials; and the health, safety, and security of correctional institutions.
We may disclose health information about you for purposes related to workers’ compensation, as required and authorized by law.
Your Health Information Rights
Under the law, you have certain rights regarding the health information that we collect and maintain about you. This includes the right to:
- Request that we restrict certain uses and disclosures of your health information; we are not, however, required to agree to a requested restriction.
- Request that we communicate with you by alternative means, such as making records available for pick-up, or mailing them to you at an alternative address, such as a P.O. box. We will accommodate reasonable requests for such confidential communications. We do maintain a secure electronic medical record but do not have reasonable means to supply an electronic copy of our record to you at this time. We will update you as those means become available.
- Request to review, or to receive a copy of, the health information about you that is maintained in our files and the files of our business associates (if applicable). If we are unable to satisfy your request, we will tell you in writing the reason for the denial and your right, if any, to request a review of the decision.
- Request that we amend the health information about you that is maintained in our files and the files of our business associates (if applicable). Your request must explain why you believe our records about you are incorrect, or otherwise require amendment. If we are unable to satisfy your request, we will tell you in writing the reason for the denial and tell you how you may contest the decision, including your right to submit a statement (of reasonable length) disagreeing with the decision. This statement will be added to your records.
- Request a list of our disclosures of your health information. This list, known as an “accounting” of disclosures, will not include certain disclosures, such as those made for treatment, payment, or health care operations. We will provide you the accounting at a discounted rate, however if you request more than one accounting in any 12 month period, we may impose a reasonable, cost-based fee for any subsequent request. Your request should indicate the period of time in which you are interested (for example, “from May 1, 2003 to June 1, 2003”). We will be unable to provide you an accounting for any disclosures made before 6 years ago.
- Request a paper copy of this Notice.
- All possible breaches of your confidential health information must now be reported to you and an internal investigation must be done according to the HIPAA Omnibus law of 2013.
In order to exercise any of your rights described above, you must submit your request in writing to our contact person (see above for information). If you have questions about your rights, please speak with our office during normal office hours.
To Request Information or File a Complaint
If you believe your privacy rights have been violated, you may file a written complaint by mailing it or delivering it to our contact person (see above). You may complain to the Secretary of Health and Human Services (HHS) by writing to 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; by calling 1-800-368-1019; or by sending an email to [email protected] We cannot, and will not, make you waive your right to file a complaint with HHS as a condition of receiving care from us, or penalize you for filing a complaint with HHS.
Revisions to this Notice
We reserve the right to amend the terms of this Notice. If this Notice is revised, the amended terms shall apply to all health information that we maintain, including information about you collected or obtained before the effective date of the revised Notice. If the revisions reflect a material change to the use and disclosure of your information, your rights regarding such information, our legal duties, or other privacy practices described in the Noticea, we will promptly distribute the revised Notice, post it in the waiting area of our office, and make copies available to our patients and others, and post it on our website.