Privacy Policy
Notice of Privacy Practices for Sara Abadie, LCSW
This notice is included with this paperwork by law and describes how medical information about you may be used and disclosed and how you can get access to this information.
Your health record contains personal information about you and your health. This information about you that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services is referred to as Protected Health Information ("PHI"). This Notice of Privacy Practices describes how we may use and disclose your PHI in accordance with applicable law, including the Health Insurance Portability and Accountability Act ("HIPAA"), regulations promulgated under HIPAA including the HIPAA Privacy and Security Rules, and the NASW Code of Ethics. It also describes your rights regarding how you may gain access to and control your PHI. If you have any questions or concerns about your rights or privacy, please speak to me about them.
I am required by law to maintain the privacy of PHI and to provide you with notice of my legal duties and privacy practices with respect to PHI. I reserve the right to change the terms of this Notice of Privacy Practices at any time. Any new Notice of Privacy Practices will be effective for all PHI that I maintain at that time. I will provide you with a copy of the revised Notice of Privacy Practices by posting a copy on the website, sending a copy to you in the mail upon request, or providing one to you at your next appointment.
I am dedicated to maintaining the privacy of your personal health information as part of providing professional care. With the exception of certain specific exceptions described below, you have the absolute right to the confidentiality of your therapy. I cannot and will not tell anyone else what you have told me, or even that you are in therapy with me without your prior written permission. Under the provisions of the Health Care Information Act of 1992, I may legally speak to another health care provider or a member of your family about you without your prior consent, but I will not do so unless the situation is an emergency. I will always act so as to protect your privacy even if you do release me in writing to share information about you. You may direct me to share information with whomever you chose, and you can change your mind and revoke that permission at any time. You may request anyone you wish to attend a therapy session with you.
You are also protected under the provisions of the Federal Health Insurance Portability and Accountability Act (HIPAA). This law insures the confidentiality of all electronic transmission of information about you. Whenever I transmit information about you electronically (for example, sending bills or faxing information) it will be done with special safeguards to insure confidentiality.
How we may use and disclose health information about you
For Treatment - I may disclose PHI for any purpose only with your authorization. I cannot disclose information without your written permission.
For Payment - I may use and disclose PHI so that I can receive payment for the treatment services provided to you. This will only be done with your authorization. Examples of payment-related activities are: making a determination of eligibility or coverage for insurance benefits, processing claims with your insurance company, reviewing services provided to you to determine medical necessity, or undertaking utilization review activities. If it becomes necessary to use collection processes due to lack of payment for services, I will only disclose the minimum amount of PHI necessary for purposes of collection.
Required by Law - Under the law, we must disclose your PHI to you upon your request. ln addition, we must make disclosures to the Secretary of the Department of Health and Human Services for the purpose of investigating or determining our compliance with the requirements of the Privacy Rule
Without Authorization - Normally, everything we discuss will be held confidential. Unless you provide a signed authorization, I will not speak to or correspond with anyone about you. There are a few exceptions. Applicable law and ethical standards permit us to disclose information about you without your authorization only in a limited number of situations. The following is a list of the categories of uses, disclosures, and legal exceptions to your right to confidentiality permitted by HIPAA without an authorization. I would inform you of any time when I think I will have to put these into effect.
Child and Elder Abuse – If I have good reason to believe that you are abusing or neglecting a child or vulnerable adult, or if you give me information about someone else who is doing this, I must inform Child Protective Services and Adult Protective Services immediately.
Psychiatric Emergency - If I believe that you are in imminent danger of harming yourself, I may legally break confidentiality and call the police or the county crisis team. I am not obligated to do this, and would explore all other options with you before I took this step. If at that point you were unwilling to take steps to guarantee your safety, I would call the crisis team.
Law Enforcement - We may disclose PHI to a Law enforcement official as required by law, in compliance with a subpoena (with your written consent), court order, administrative order or similar document, for the purpose of identifying a suspect, material witness or missing person, in connection with the victim of a crime, in connection with a deceased person, in connection with the reporting of a crime, in an emergency, or in connection with a crime on the premises.
Public Safety - I may disclose your PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. I must attempt to inform that person and warn them of your intentions. I must also contact the police and ask them to protect your intended victim. If you tell me of the behavior of another named health or mental health care provider that informs me that this person has either:
a) Engaged in sexual contact with a patient, including yourself or
b) Is impaired from practice in some manner by cognitive, emotional, behavioral, or health problems, I will report this to their licensing board. I would inform you before taking this step.
Public Health - If required, we may use or disclose your PHI for mandatory public health activities to a public health authority authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, or if directed by a public health authority, to a government agency that is collaborating with that public health authority.
You’re Rights Regarding your PHI
You have the following rights regarding PHI I maintain about you. To exercise any of these rights, please submit your request in writing to Sara Abadie, Privacy Officer. Since I am a solo practitioner in my psychotherapy practice, I am also the “privacy officer”.
Right of Access to Inspect and Copy. You have the right, which may be restricted only in exceptional circumstances, to inspect and copy PHI that is maintained in a "designated record set". A designated record set contains mental health/medical and billing records and any other records that are used to make decisions about your care. Your right to inspect and copy PHI will be restricted only in those situations where there is compelling evidence that access would cause serious harm to you or if the information is contained in separately maintained psychotherapy notes. Your records are maintained electronically, you may request an electronic copy of your PHI. You may also request that a copy of your PHI be provided to another person.
Right to Amend. If you feel that the PHI I have about you is incorrect or incomplete, you may ask me to amend the information although I am not required to agree to the amendment. If I deny your request for amendment, you have the right to file a statement of disagreement. I may prepare a rebuttal to your statement and will provide you with a copy.
Right to an Accounting of Disclosures. You have the right to request an accounting of certain of the disclosures that I make of your PHI. I may charge you a reasonable fee if you request more than one accounting in any 12- month period.
Right to Request Restrictions. You have the right to request a restriction or limitation on the use or disclosure of your PHI for treatment, payment, or health care operations. I am not required to agree to your request unless the request is to restrict disclosure of PHI to a health plan for purposes of carrying out payment or health care operations, and the PHI pertains to a health care item or service that you paid for out of pocket. In that case, I am required to honor your request for a restriction.
Right to Request Confidential Communication. You have the right to request that I communicate with you about health matters in a certain way or at a certain location. I will accommodate reasonable requests. I may require information regarding how payment will be handled or specification of an alternative address or other method of contact as a condition accommodating your request. I will not ask you for an explanation of why you are making the request.
Breach Notification. If there are a breach of unsecured PHI concerning you, I may be required to notify you of this breach, including what happened and what you can do to protect yourself.
Right to a Copy of this Notice. You have the right to a copy of this notice.
Complaints
If you believe I have violated your privacy rights, you have the right to file a complaint in writing with Sara Abadie, Privacy Officer at 975 N Boundary Rd Englewood Fl, 34223; or with the Secretary of Health and Human Services at 200 Independence Avenue, S.W. Washington D.C. 20201 or by calling (202) 619-0257.
I am a licensed social worker in Florida (15697) and California (27094) and serve clients in both states. To agree to move forward with therapy sessions, it is understood that concerns of professional impropriety must be directed to CA or FL licensing board based on the State where you reside.
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of clinical social workers in CA. You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
The Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling receives and responds to complaints regarding services provided within the scope of practice of clinical social workers in FL. You may contact the board online at www.floridamentalhealthprofessions.gov, or by calling (850) 488-0595.
I understand that if I have any questions regarding the Notice or my privacy rights, I can Contact Sara Abadie, LCSW, MSW at 941-786-4947.
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