Text Matt at 301-741-3464 to set up a brief free phone consult about couples counseling, depression and anxiety, or environmental trauma, including our teletherapy services.
Introduction
Your privacy is of the utmost importance to this practice. As a licensed provider of counseling services, I am dedicated to maintaining client confidentiality and protecting your mental health records in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and the American Counseling Association’s Code of Ethics (2014). This notice outlines how your information may be used, disclosed, and safeguarded, as well as your rights as a client.
Collection and Use of Information
I collect personal, medical, and mental health information to provide effective counseling services while ensuring client confidentiality. This information may include: Demographic data (name, address, phone, email, date of birth), medical and mental health history, treatment notes and progress reports, and billing and insurance information. All collected mental health records are utilized solely for treatment, payment, and healthcare operations, in accordance with HIPAA compliance, unless otherwise authorized by you or required by law.
Confidentiality and Limits of Confidentiality
In line with ACA Code of Ethics (Section B.1.c), all client communications are kept confidential to ensure client confidentiality. Your mental health records will not be shared without your written consent, except under specific legal and ethical circumstances, in compliance with HIPAA regulations: Risk of Harm – If there is reason to believe you may harm yourself or others. Abuse or Neglect – If there is suspected abuse or neglect of a child, elder, or vulnerable adult. Court Orders – If ordered by a court of law. Medical Emergencies – To protect your health and safety in emergencies. Peer Consultation – Information may be shared in professional consultation related to counseling services, but identifying details will be minimized, and consultants are also bound by confidentiality.
HIPAA Privacy Rule: Uses and Disclosures
Under HIPAA compliance, I may use or disclose your Protected Health Information (PHI) without written authorization for the following purposes: Treatment, which includes coordinating or managing your care with other providers if I were to add a provider to my practice; Payment, for billing your insurance or processing payment for counseling services; and Healthcare Operations, which encompasses quality improvement, licensing, and administrative functions.
Any other disclosures, such as sharing mental health records with an attorney, school, or family member, require your written authorization. You may revoke this authorization at any time to maintain client confidentiality.
Client Rights
Under HIPAA compliance and the ACA Code of Ethics, you have the following rights regarding your client confidentiality and mental health records:
Right to Access: You have the right to review or obtain a copy of your records.
Right to Amend: You can request corrections to your records to ensure accuracy.
Right to an Accounting of Disclosures: You may request a list detailing when and to whom your information has been disclosed, excluding disclosures related to treatment, payment, and operations.
Right to Request Restrictions: You can request limits on specific uses or disclosures of your information to maintain your client confidentiality.
Right to Confidential Communication: You may ask for communication in a particular way (e.g., only by phone, no voicemail, email encryption) to protect your privacy.
Right to File a Complaint: If you believe your privacy rights have been violated, you can file a complaint with this practice or with the U.S. Department of Health and Human Services (HHS). Rest assured, no retaliation will occur for filing a complaint.
Data Security
Records are maintained in secure, HIPAA-compliant electronic health record (EHR) systems or locked physical storage to ensure client confidentiality. Email and telehealth communications are encrypted whenever possible; however, the risks associated with electronic communication are disclosed and consented to before use. Access to mental health records is strictly limited to authorized personnel only, in compliance with HIPAA regulations and to protect the integrity of counseling services.
Record Retention
In accordance with HIPAA compliance and state regulations, mental health records are maintained for a minimum of seven (7) years after the last date of service, ensuring client confidentiality. After this retention period, records will be securely destroyed.
ACA Ethical Standards
This practice adheres to the ACA Code of Ethics, which emphasizes the importance of client confidentiality (Section B.1.c), ensuring that our counseling services protect your mental health records. We are committed to obtaining informed consent (Section A.2.a) and clarifying the limits of confidentiality (Section B.2.e). These ethical commitments not only align with HIPAA compliance but also go beyond legal requirements to guarantee you receive the highest standard of care.
Contact for Questions
For any inquiries about your client rights, including matters related to client confidentiality and our compliance with HIPAA, please reach out to Matthew Barclay at 301-741-3464 or via email at matt@inertiacounseling.com. We are committed to protecting your mental health records and ensuring you understand our counseling services.