PRIVACY POLICY
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law enacted in 1996 that establishes nationwide rules to protect the privacy and security of your personal health information, also known as Protected Health Information (PHI). HIPAA was created to safeguard sensitive medical details, improve how health care is delivered and managed, and help individuals maintain access to health insurance coverage when changing or leaving jobs.
This notice explains how client health information may be used and disclosed, and how clients can access it. Client health records contain information related to past, present, or future physical or mental health, as well as the care and services provided. This information, known as Protected Health Information (PHI), is safeguarded by federal and state laws, including the Health Insurance Portability and Accountability Act (HIPAA), its associated privacy and security regulations, and the National Association of Social Workers (NASW) Code of Ethics.
This Notice of Privacy Practices describes how Minds Wide Open Psychotherapy, LLC may use and disclose PHI and outlines the legal rights of clients regarding their health information.
As a licensed private practice in New Jersey, Minds Wide Open Psychotherapy, LLC and the psychotherapists it employs are legally obligated to protect the confidentiality of PHI and to provide notice of its privacy practices. The practice is required to adhere to the terms of this notice and may revise it at any time. Updated versions will apply to all existing PHI and will be made available on the practice’s website, via email upon request, or at a future appointment.
Permitted Uses and Disclosures of PHI For Treatment
PHI may be shared with other health care professionals involved in a client's care, but only after the client provides explicit consent. This includes collaboration with other providers or specialists for coordinated care.
For Payment
As an out-of-network provider, the practice does not bill insurance directly. Clients are responsible for payment at the time of service. If collection becomes necessary due to non-payment, only the minimum necessary PHI will be disclosed to billing or collection services.
When Required by Law
The practice must release PHI:
When requested by the client in writing.
To the U.S. Department of Health and Human Services upon request to evaluate HIPAA compliance.
Disclosures Allowed Without Client Authorization
Under HIPAA and New Jersey law, PHI may be disclosed without a client’s written authorization in certain legally defined situations, including:
Reporting Child Abuse or Neglect
The practice is mandated to report suspected abuse or neglect to the appropriate state or local agency.
Legal Proceedings
PHI may be disclosed in response to a court order, valid subpoena (with client’s written consent), or similar legal process.
Deceased Clients
PHI may be released as allowed by law, including to individuals involved in the client’s care or payment prior to death, or to an executor or administrator of the client’s estate.
Medical Emergencies
In a medical crisis, PHI may be disclosed to emergency medical personnel to prevent serious harm. The client will be informed as soon as reasonably possible afterward.
Involvement of Others in Care
With the client’s verbal or written consent, PHI may be shared with family members or others directly involved in their care. In limited cases, disclosures may occur without consent to prevent serious harm.
Health Oversight Activities
PHI may be disclosed to oversight agencies for legally authorized activities such as audits or inspections.
Law Enforcement
Limited PHI may be disclosed to law enforcement as required by law, under a valid court order, or in emergency circumstances such as reporting a crime on the premises.
Public Health Purposes
PHI may be shared with public health authorities when required to help control or prevent disease, injury, or disability.
To Prevent Serious Threats to Safety
PHI may be disclosed to individuals or authorities capable of preventing harm if there is a credible and immediate threat to the client or others.
Client Rights Regarding PHI
Clients have the following rights related to their PHI. All requests to exercise these rights must be submitted in writing to: erika@minds-wide-open.com.
Right to Access and Copy Records
Clients have the right to inspect and request a copy of their health records, including billing records, unless restricted by law. In cases where access may cause serious harm, access may be denied. Clients may also request electronic copies or direct the records to another person of their choosing. Reasonable, cost-based fees may apply.
Right to Request Amendments
If a client believes their record is incorrect or incomplete, they may request an amendment. The practice is not required to agree but will respond in writing. Clients have the right to submit a statement of disagreement, which will be included in their record.
Right to an Accounting of Disclosures
Clients may request a list of certain disclosures of their PHI. The practice may charge a reasonable fee for multiple requests made within a 12-month period.
Right to Request Restrictions
Clients may request limitations on how their PHI is used or shared. While the practice is not required to agree to all requests, it must honor a request to restrict disclosure to a health plan when the client pays out-of-pocket in full for services.
Right to Confidential Communication
Clients may request to receive communication in a specific way (e.g., via email only or to a specific address). The practice will honor reasonable requests and may ask how billing will be handled under these conditions.
Right to Notification of a Breach
Clients have the right to be notified if their unsecured PHI is breached. Notification will include details about the breach and any recommended steps for protection.
Right to a Copy of This Notice
Clients may request a printed or electronic version of this Notice at any time.
Concerns or Complaints
Clients who believe their privacy rights have been violated may file a complaint without fear of retaliation. Complaints can be submitted to:
U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Phone: (202) 619-0257