Notice of Privacy Practices
This notice describes how health information may be used and disclosed and how you can get access to this information.
I.
Health Information
Information regarding your health care is personal and protected by law (Health Insurance Portability and Accountability Act, "HIPAA"). A record of care and services is recorded to provide you with quality care and to comply with legal requirements. This applies to all records of your care generated by Wiconi Counseling Center.
We are required by law to:
  • Keep a client's protected health information ("PHI") private.
  • Follow the terms of the notice that is currently in effect.
  • The terms of this notice can be changed and will apply to client's PHI. The new notice will be available upon request.
II.
Disclosure of PHI
The following categories are ways in which your PHI may be disclosed:
  • Payment for treatment, or Health Care Operations. Federal privacy regulations allow health care providers, who have a direct treatment relationship with the client, to use or disclose the client's PHI without the patient's written consent. Your PHI may also be disclosed for the treatment activities of any health care provider with your written consent.
  • Disclosures for Treatment Purposes. Therapists and other health care providers need access to a client's full record in order to provide quality care. The word “treatment” includes the coordination and management of health care providers with a 3rd party, consultations between health care providers, and referrals of a client for health care to another care provider.
  • Disclosures to Health Insurance. Wiconi Counseling Center is obligated to share client's diagnosis with their health insurance in order for reimbursement. Rarely, but occasionally, session notes are also shared with a client's insurance for reimbursement.
  • Lawsuits and Disputes. If a client is involved in a lawsuit, their therapist may disclose health information in response to a court or administrative order. Health information about a client's child may also be disclosed in response to a subpoena, discovery request, or other lawful process.
III.
Uses and disclosures that require client authorization
  • Psychotherapy Notes: as defined by 45 CFR § 164.501. Any use or disclosure of these notes require client's authorization unless the use or disclosure is:
    • The therapist's use in treating a client.
    • For the therapist's use in training or supervising mental health practitioners in improving their skills in group, joint, family, or individual therapy.
    • For the therapist's use in their defense in legal proceedings instigated by that client.
    • For use by the Secretary of Health and Human Services to investigate Wiconi Counseling Center's compliance with HIPAA.
    • Required by law. The use or disclosure is limited to the requirements of the law.
    • Required by law for certain health oversight activities pertaining to the therapist writing the psychotherapy notes.
    • Required by a coroner performing their duties authorized by the law.
    • Required to alleviate a threat to the health and safety of others.
  • Marketing Purposes: No therapist or employee of Wiconi Counseling Center will use or disclose your PHI for marketing purposes.
  • Sale of PHI. No therapist or employee of Wiconi Counseling Center will sell you PHI in the regular course of business.
IV.
Uses and Disclosure not requiring Authorization
Subject to certain limitations in the law, Wiconi Counseling Center can use and disclose a client/patient's PHI without their authorization for the following reasons:
  • When disclosure is required by state or federal law. The use and disclosure are limited to the relevant requirements of the law.
  • Public health activities. Including reporting suspected child, elder, or dependent adult abuse. Preventing or reducing a serious threat to anyone's health or safety.
  • Health oversight activities, including audits and investigations.
  • Judicial and administrative proceedings. Including court or administrative orders, although the preference of Wiconi Counseling Center is to obtain the authorization for such activity from client.
  • Law enforcement purposes. Including reporting crimes on Wiconi Counseling Center premises.
  • To coroners or medical examiners in the performance of their duties authorized by law.
  • Research purposes. Including studying and comparing the mental health of patients/clients who received one form of therapy versus those who received a different form of therapy for the same condition.
  • Specialized government functions. Including, ensuring the proper execution of military missions, protecting the President of the United states, conducting intelligence or counter-intelligence operations, or helping to ensure the safety of those working within, or housed in, correctional institutions.
V.
Uses and Disclosures that a client can object to
Disclosures to family, friends, or others. Wiconi Counseling Center may provide your PHI to a family member, friend, or other person that the client indicates is involved in their care. This includes payment for the client's care unless client objects in whole or in part. The opportunity for a client to consent may be obtained retroactively in emergency situations. A client may rescind disclosure of their PHI to a family member, friend, or other person at any time.
VI.
Client's Rights to their PHI
  • The right to request limits to uses and disclosure of their PHI. Patients/Clients have the right to ask their therapist not to use or disclose certain PHI for treatment, payment, or health care operations purposes. Wiconi Counseling Center is not required to agree with a client's request if it would affect a client's health care.
  • The right to request restrictions for out-of-pocket expenses paid for in full. Clients have the right to request restrictions on disclosures of their PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service that they have paid for out-of-pocket in full.
  • The right to choose how a PHI is sent to client. A client has the right to ask Wiconi Counseling Center to contact a client in a specific way or to send mail to a specific address. Wiconi Counseling Center will agree to all reasonable requests.
  • The right to view and receive copies of PHI. Other than “psychotherapy notes,” clients have the right to get an electronic or paper copy of their medical record and other information that Wiconi Counseling Center holds. Wiconi Counseling Center will provide a client with a copy of their record, or summary of it, if client agrees to receive a summary, within 30 days of receiving client's written request. Client may be charged a reasonable, cost-based fee for doing so.
  • Client's right to list of disclosures. Client has the right to request a list of instances in which Wiconi Counseling Center has disclosed their PHI for purposes other than treatment, payment, or health care operations, or for which client provided with an authorization. Responses to client's request will be made within days of receiving request. The list will include disclosures make in the last six (6) years unless client requests a shorter time period. This will be provided at no charge unless more than one request is made in the same year. It will be provided at a reasonable cost-based fee for each additional request.
  • The right to correct or update PHI. If a client believes there is a mistake in their PHI, or that a piece of information is missing from PHI, client has the right to request that Wiconi Counseling Center corrects the existing information or add the missing information. Wiconi Counseling Center retains the right to reject request and client will receive an explanation for rejection in writing within 60 days of request.
  • The right to get a paper or electronic copy of this Notice. Client has the right to receive a paper copy or electronic copy of this Notice. If client has agreed to receive this Notice via e-mail, client also has to right to request a paper copy.
EFFECTIVE DATE OF THIS NOTICE
This notice went into effect on April 1, 2017. Reviewed and revised January 15, 2021.