Privacy Policy
YOUR INFORMATION. YOUR RIGHTS. OUR RESPONSIBILITIES.
This Notice of Privacy Practices describes how Emerge Therapy and Consulting, PLLC may use and disclose your protected health information (PHI), how you can access your health information, and the rights you have regarding your health information.
Please review this notice carefully. This notice applies to services provided by Emerge Therapy and Consulting, PLLC and information maintained as part of your clinical record.
YOUR RIGHTS
When it comes to your protected health information, you have certain rights.
You have the right to obtain a copy of your health record.
You may request to inspect or receive a copy of your protected health information in paper or electronic form, subject to certain limitations permitted by law.
We generally will provide a copy or summary of your health information within the time period required by applicable law.
You have the right to request corrections.
You may ask us to correct health information that you believe is incorrect or incomplete.
We may deny your request in certain circumstances. If we deny your request, we will provide you with a written explanation as required by law.
You have the right to request confidential communications.
You may ask us to contact you in a particular way or at a particular location.
For example, you may request that we contact you by telephone rather than email or communicate with you at a specific mailing address.
We will consider reasonable requests.
You have the right to request restrictions.
You may ask us to limit how we use or disclose your health information for treatment, payment, or healthcare operations.
We are not required to agree to every restriction request.
However, if you pay for a healthcare service or item completely out of pocket and request that the information related to that service not be disclosed to your health plan for payment or healthcare operations, we will comply with the request unless disclosure is otherwise required by law.
You have the right to receive an accounting of certain disclosures.
You may request a list of certain disclosures of your protected health information made by us during the six years preceding your request, subject to limitations and exceptions under HIPAA.
You have the right to receive a copy of this Notice.
You may request a paper copy of this Notice at any time, even if you have agreed to receive it electronically.
You have the right to choose someone to act for you.
If you have given someone medical power of attorney or if someone is your legal guardian, that person may exercise your rights and make decisions regarding your health information, as permitted by law.
We will verify the person's authority before taking action.
You have the right to file a complaint.
If you believe your privacy rights have been violated, you may file a complaint with us or with the U.S. Department of Health and Human Services Office for Civil Rights.
You will not be retaliated against for filing a complaint.
YOUR CHOICES
For certain health information, you may have choices regarding how we share your information.
You may ask us about:
- Sharing information with family members or close friends involved in your care
- Sharing information for disaster-relief purposes
- Certain communications about our services
- Marketing communications
- Uses or disclosures that require your written authorization
We will obtain your written authorization when required by law.
You may revoke an authorization in writing at any time, except to the extent that we have already relied upon it.
HOW WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION
We may use or disclose your protected health information without your written authorization when permitted or required by HIPAA and other applicable laws.
Treatment
We may use or disclose your health information to provide, coordinate, or manage your healthcare and related services.
For example, we may communicate with another healthcare provider involved in your care when permitted by law.
Payment
We may use or disclose your health information to obtain payment for services we provide.
This may include communicating with your insurance company or other payer when appropriate.
Healthcare Operations
We may use or disclose your health information for healthcare operations, such as quality improvement, administrative activities, credentialing, compliance, and other activities necessary to operate our practice.
Individuals Involved in Your Care
When permitted by law, we may disclose limited health information to a family member, close friend, or other person involved in your care or payment for your care.
You may request that we limit or prohibit such disclosures.
Required by Law
We may use or disclose your health information when federal, state, or local law requires us to do so.
Public Health
We may disclose health information for certain public-health activities permitted or required by law.
Abuse, Neglect, or Domestic Violence
We may disclose information when required or permitted by law to report suspected abuse, neglect, or domestic violence.
Health Oversight
We may disclose health information to appropriate government agencies for activities authorized by law, including audits, investigations, inspections, licensing activities, and other oversight functions.
Legal Proceedings
We may disclose health information in response to a court or administrative order, subpoena, discovery request, or other lawful process when permitted or required by applicable law.
Law Enforcement
We may disclose health information to law enforcement when permitted or required by applicable law.
Serious Threat to Health or Safety
We may use or disclose health information when necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, when permitted by applicable law.
Workers' Compensation
We may disclose health information as necessary to comply with workers' compensation laws and other similar programs established by law.
Medical Examiners, Coroners, and Funeral Directors
We may disclose health information to a coroner, medical examiner, or funeral director when permitted or required by law.
Research
We may use or disclose health information for research purposes when permitted by applicable law and appropriate privacy protections are in place.
MENTAL HEALTH INFORMATION
Mental health information contained in your clinical record is protected under applicable federal and state privacy laws.
Certain mental health information may receive additional protections under applicable law.
We will use and disclose mental health information only as permitted or required by applicable law.
SUBSTANCE USE DISORDER INFORMATION
Certain substance use disorder (SUD) records may receive additional protections under 42 CFR Part 2, in addition to HIPAA.
When Part 2 applies, we will comply with the applicable requirements governing the use and disclosure of SUD records.
Part 2 protections may apply to information that identifies an individual as having or having had a substance use disorder and that is maintained by a Part 2-covered program or entity.
When applicable, your Part 2-protected information will be handled in accordance with the consent, disclosure, and other privacy requirements applicable to such records.
If you have questions about whether particular information is protected under HIPAA, Part 2, or other applicable laws, please contact our practice.
YOUR WRITTEN AUTHORIZATION
Most uses and disclosures of your protected health information not described in this Notice will require your written authorization.
Examples may include certain uses or disclosures for:
- Psychotherapy notes
- Marketing
- Other uses or disclosures for which your authorization is required by law
If you provide written authorization, you may revoke it in writing at any time, except to the extent that we have already relied upon it.
PSYCHOTHERAPY NOTES
Psychotherapy notes are treated differently from other protected health information under HIPAA.
When applicable, most uses and disclosures of psychotherapy notes require your written authorization, subject to limited exceptions permitted by law.
Psychotherapy notes are maintained separately from the medical record when applicable.
OUR RESPONSIBILITIES
We are required by law to:
- Maintain the privacy and security of your protected health information
- Provide you with this Notice describing our legal duties and privacy practices
- Follow the terms of the Notice currently in effect
- Notify you if a breach occurs that may have compromised the privacy or security of your protected health information when notification is required by law
- Provide you with a copy of this Notice upon request
We will not use or disclose your health information other than as described in this Notice or as otherwise permitted or required by law unless you provide written authorization.
We reserve the right to change this Notice and make the revised Notice applicable to health information we already maintain.
The current Notice will be available upon request and on our website.
ELECTRONIC HEALTH RECORDS AND SESSIONS HEALTH
Emerge Therapy and Consulting, PLLC use Sessions Health as its electronic health record and practice-management platform.
Your clinical information may be stored, maintained, or processed through Sessions Health as part of providing healthcare services, managing your clinical record, scheduling appointments, documenting treatment, communicating with you, processing payments, and performing other permitted healthcare operations.
Our use of Sessions Health does not change your rights under HIPAA or other applicable privacy laws.
Information maintained through Sessions Health that constitutes protected health information will be handled in accordance with applicable privacy and security requirements.
EMAIL, TEXT MESSAGES, AND ELECTRONIC COMMUNICATION
We may communicate with you through electronic methods such as email, telephone, text messaging, or secure electronic systems when appropriate.
Please understand that ordinary email and text messaging may present privacy and security risks.
You may request alternative methods of communication or confidential communications as described in this Notice.
Please avoid sending highly sensitive clinical information through ordinary email or text messaging unless specifically instructed to do so through an appropriate secure communication method.
TELEHEALTH
If you receive services through telehealth, additional telehealth consent and privacy provisions may apply.
Telehealth services may be provided using Sessions Health or another technology platform selected by the practice.
We will use reasonable safeguards to protect the privacy and security of information transmitted during telehealth services.
COMPLAINTS
If you believe your privacy rights have been violated, you may contact us directly.
Privacy Contact:
Ciarra Spruill, LCSW
Emerge therapy and Consulting, PLLC
Emergetherapyllc@gmail.com
704-269-8548
You may also submit a complaint to:
U.S. Department of Health and Human Services
Office for Civil Rights
You may submit a complaint through the HHS Office for Civil Rights complaint process or contact HHS at 1-877-696-6775.
You will not be retaliated against for filing a privacy complaint.