Introduction and Purpose

This Notice of Privacy Practices ("NPP") describes how Amy Calmann LCSW Psychotherapy (the "Practice," "we," "us," or "our") may use and disclose your Protected Health Information ("PHI") to carry out treatment, payment, or health care operations, and for other purposes permitted or required by law. It also describes your rights to access and control your PHI.

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PHI is information about you, including demographic information, that may identify you and that relates to your past, present, or future physical or mental health or condition and related health care services. This NPP applies to all records of your care generated by the Practice, whether made by the Practice or an associated health care provider.

 

We are required by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations (45 C.F.R. Parts 160 and 164) to maintain the privacy of your PHI and to provide you with this notice of our legal duties and privacy practices with respect to PHI. We are also required to abide by the terms of the NPP currently in effect.

 

This NPP is provided in accordance with federal HIPAA requirements and incorporates relevant state laws, including those in New York (e.g., Mental Hygiene Law for mental health records), Connecticut, and, upon licensure, New Jersey. If state law provides greater protections for your PHI, we will follow the stricter standard.

 

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Our Uses and Disclosures of Your PHI

We may use or disclose your PHI in the following ways without your authorization, unless otherwise restricted by law:

 

For Treatment

We may use and disclose your PHI to provide, coordinate, or manage your health care and related services. This includes sharing information with other health care providers involved in your care, such as physicians, therapists, or hospitals. For example, we may disclose your PHI to a consulting specialist or to coordinate follow-up care.

 

In mental health contexts, we may use PHI to develop treatment plans, conduct sessions, or monitor progress. Psychotherapy notes (notes documenting the contents of counseling sessions) are kept separate from the rest of your medical record and require your specific written authorization for most disclosures, except as noted below.

 

For Payment

We may use and disclose your PHI to obtain payment for services we provide. This may include billing your insurance company, submitting claims, or coordinating benefits. For example, we may share details about your diagnosis or treatment with your insurer to secure reimbursement.

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For Health Care Operations

We may use and disclose your PHI for our internal operations, such as quality assessment, auditing, training staff, or business management. For example, we may use PHI to evaluate the performance of our services or to resolve internal grievances.

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Other Permitted Uses and Disclosures Without Authorization

We may use or disclose your PHI in the following situations without your authorization:

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• As Required by Law: When required by federal, state, or local law (e.g., reporting abuse, neglect, or domestic violence as mandated by New York or Connecticut law).

• Public Health Activities: For public health purposes, such as reporting communicable diseases or adverse reactions to medications.

• Health Oversight Activities: To government agencies for audits, investigations, or licensing (e.g., to the New York State Office of Mental Health).

• Judicial and Administrative Proceedings: In response to a court order, subpoena, or discovery request, subject to applicable protections.

• Law Enforcement: For limited purposes, such as identifying a suspect or reporting crimes on our premises.

• Coroners, Medical Examiners, and Funeral Directors: To identify a deceased person or determine cause of death.

• Organ Donation: If you are an organ donor.

• Research: Under certain conditions, for research purposes approved by an institutional review board.

• Serious Threat to Health or Safety: To prevent or lessen a serious threat to your health or safety or that of others (e.g., Tarasoff duty to warn in cases of imminent harm).

• Specialized Government Functions: For military, national security, or correctional activities.

• Workers' Compensation: As required by workers' compensation laws.

• Business Associates: To our business associates (e.g., billing services or telehealth platforms) who perform functions on our behalf, provided they agree to safeguard your PHI through a Business Associate Agreement (BAA).

• Appointment Reminders and Health-Related Benefits: We may contact you to remind you of appointments or inform you about treatment alternatives or health-related services.

• Individuals Involved in Your Care: To a family member, friend, or other person involved in your care or payment for your care, unless you object.

• Disaster Relief: To organizations assisting in disaster relief efforts.

• Fundraising: We do not use or disclose your PHI for fundraising purposes.

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For psychotherapy notes, disclosures are limited and generally require your authorization, except for use by the originator for treatment, training programs under supervision, defending legal actions brought by you, or as required by law (e.g., oversight by the Secretary of HHS).

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Uses and Disclosures Requiring Your Authorization

For any use or disclosure of your PHI not described above, we must obtain your written authorization. This includes:

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• Most uses and disclosures of psychotherapy notes.

• Uses and disclosures for marketing purposes.

• Disclosures that constitute a sale of PHI.

• Most sharing of HIV/AIDS, substance use disorder, or genetic information (subject to additional federal and state protections, e.g., 42 C.F.R. Part 2 for substance use records).

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You may revoke an authorization in writing at any time, except to the extent we have already relied on it.

 

 

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Your Rights Regarding Your PHI

You have the following rights regarding your PHI:

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Right to Inspect and Copy

You have the right to inspect and obtain a copy of your PHI in our designated record set, except for psychotherapy notes or information compiled for legal proceedings. Requests must be in writing. We may charge a reasonable fee for copying, mailing, or other supplies. We may deny access in limited circumstances, but you may request a review of the denial.

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Right to Amend

If you believe your PHI is incorrect or incomplete, you may request an amendment in writing. We may deny the request if the information is accurate, not created by us, or not part of the designated record set. If denied, you may submit a statement of disagreement.

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Right to an Accounting of Disclosures

You have the right to request a list of certain disclosures of your PHI made in the last six years (or shorter period if requested), excluding those for treatment, payment, operations, or with your authorization. The first request in a 12-month period is free; additional requests may incur a fee.

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Right to Request Restrictions

You may request restrictions on uses or disclosures of your PHI for treatment, payment, or operations, or to persons involved in your care. We are not required to agree, except for restrictions on disclosures to your health plan for services you pay out-of-pocket in full. Requests must be in writing.

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Right to Request Confidential Communications

You may request that we communicate with you about your PHI in a certain way or at a certain location (e.g., only by mail to a specific address). We will accommodate reasonable requests.

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Right to a Paper Copy of This Notice

You may request a paper copy of this NPP at any time, even if you agreed to receive it electronically.

 

Right to Notification of a Breach

We will notify you if there is a breach of your unsecured PHI, as required by HIPAA.

 

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Our Responsibilities

We are required by law to:

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• Maintain the privacy and security of your PHI.

• Notify you promptly if a breach occurs that may have compromised the privacy or security of your information.

• Follow the duties and privacy practices described in this NPP.

• Not use or share your PHI other than as described here unless you authorize it in writing.

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We reserve the right to change the terms of this NPP and to make the new provisions effective for all PHI we maintain. We will post the revised NPP on our website and provide a copy upon request. The effective date is at the top.

 

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Complaints

If you believe your privacy rights have been violated, you may file a complaint with us by contacting the Privacy Officer at the address or phone number above. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights, at www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint.

 

 

 

Special Protections and State Laws

Federal and state laws may provide additional protection for certain types of health information. If state laws in New York, Connecticut, or New Jersey (where applicable) provide greater privacy protections or rights than HIPAA, we will abide by the more stringent state law.

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Sensitive Health Information

Some types of health information are subject to heightened confidentiality protections. We generally will not disclose the following information without your specific written authorization, even for treatment, payment, or operations, unless the law specifically allows or requires it:

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• Mental Health Records: In many cases, state laws (such as the New York Mental Hygiene Law) require specific consent to release mental health information.

• Substance Use Disorder Records: Records related to the diagnosis or treatment of substance use disorders are protected by special federal laws (42 C.F.R. Part 2) and usually require a specific authorization for disclosure.

• HIV/AIDS Information: Information related to HIV/AIDS status, testing, or treatment is subject to specific state privacy laws (e.g., NY Public Health Law Article 27-F) and typically requires a specific release.

• Genetic Information: Genetic test results are legally protected and generally require specific consent for disclosure.

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Minors and Parental Access

State laws vary regarding a minor’s right to consent to mental health treatment and the right to keep that information private from parents or guardians. We comply with the laws of the state in which treatment is provided regarding the age of consent and parental access to records. If you are a minor who has legally consented to your own treatment, you generally have the authority to control the release of your PHI.

 

 

 

Contact for More Information

For questions about this NPP, your rights, or our privacy practices, contact the Privacy Officer at the information provided above.

 

Acknowledgment

You will be asked to sign an acknowledgment that you have received this NPP. If you refuse, we will note it in your record, but it will not affect your ability to receive treatment.