Notice of Privacy Practices
Notice of Privacy Practices
Breakthrough Psychiatric & Wellness PLLC is committed to protecting the privacy of health information we create or obtain about you. This Notice tells you about the ways in which we may use and disclose health information about you. It also describes your rights and certain obligations we have regarding the use and disclosure of your health information.
We are required by the Health Insurance Portability and Accountability Act (HIPAA) to: (i) make sure your health information is protected; (ii) give you this Notice describing our legal duties and privacy practices with respect to your health information; (iii) explain your rights; and (iv) follow the terms of the Notice that is currently in effect.
The privacy practices described in this Notice will be followed by all members of the workforce at Breakthrough Psychiatric & Wellness PLLC, including health care professionals, employees, trainees, students, and volunteers. Additionally, third parties (“business associates”) that provide services on our behalf will be required to comply with all applicable provisions.
How We May Use and Disclose Health Information
We may use and share your PHI for the following purposes:
– Treatment: We may use or disclose health information about you to provide, coordinate, and manage your healthcare and related services. For example, other staff members involved in your care will use your health information to coordinate your care or to plan a course of treatment for you. This may include sharing your health information with other health care providers, agencies, or facilities to provide care. For example, we may share information with your primary care physician, therapist, pharmacy, or laboratory.
– Payment: We may use and disclose health information about you so that the treatment and services you receive may be billed to you and payment collected from you, an insurance company or another third party. For example, we may need to give information to your health insurance company about the treatment you receive so your health insurance company will pay us or reimburse you for the treatment.
– Healthcare Operations: We may use and disclose health information about you for health care operations such as for quality assessment, training, licensing, accreditation, and audits. These uses and disclosures are made to enhance quality of care, for medical staff training, and general business activities. For example, we may disclose your health information for review and learning purposes, for risk management activities, or to ensure we are complying with all applicable laws.
– Required by Law: To comply with legal requirements such as mandatory reporting of abuse or responding to a court order.
– Public Health and Safety: To prevent or lessen a serious and imminent threat to your health and safety or the health and safety of the public or another person, report suspected abuse or neglect, notify authorities in emergencies, or to report adverse events (or similar activities with respect to food or dietary supplements), product defects, or other problems.
– Other Special Situations: Such as law enforcement purposes, medical examiners, organ donation, workers’ compensation, or national security when required by law. Unless you say no, to anyone involved in your care or payment for your care, such as a friend, family member, or any individual you identify.
We may use or disclose your information without your written authorization when necessary for your treatment, payment, or healthcare operations, as permitted by HIPAA. However, whenever possible, we will request your written consent before communicating with outside providers about your care.
Other Uses and Disclosures
Other uses and disclosures of health information not covered by this Notice will be made only with your written authorization. Most uses and disclosures of psychotherapy notes and most uses and disclosures for marketing purposes fall within this category and require your authorization before we may use your health information for these purposes.
Additionally, with certain limited exceptions, we are not allowed to sell or receive anything of value in exchange for your health information without your written authorization. If you provide us with authorization to use or disclose your health information about you, you may revoke your authorization, in writing, at any time.
However, uses and disclosures made before the revocation of your authorization are not affected by your action and we cannot take back any disclosures we may have already made with your authorization or that may have been made on reliance of your authorization.
Use of unsecure electronic communications.
If you choose to communicate with us via unsecure electronic communications, such as regular email or text message, we may respond to you in the same way the communication was received and to the same email address or account from which you sent your original communication.
In addition, if you provide your email address or cell phone number to a health care provider, we may send you emails, or text messages related to appointment reminders, surveys, or other general informational communications. For your convenience, these messages may be sent unencrypted.
Before using or agreeing to use of any unsecure electronic communication to communicate with us, note that there are certain risks, such as interception by others, misaddressed/misdirected messages, shared accounts, messages forwarded to others, or messages stored on unsecured, portable electronic devices.
By choosing to correspond with us via unsecure electronic communication, you are acknowledging and agreeing to accept these risks. If you consent to communication through email, text message, or phone call, Breakthrough Psychiatric & Wellness will utilize these methods for appointment scheduling notifications and reminders only and strongly encourages all communication regarding your private health information to go through the secure messaging feature of your patient portal. You may revoke your consent to unsecure electronic communication at any time by notifying us in writing.
Your Rights Regarding Your Health Information
You have the right to:
– Access and Copy: You have the right to request access to and obtain a copy of your health information. You can request copies of your health information in the format of your choice. To access or request a copy of your health information, please contact our Privacy Officer at the address provided at the end of this Notice. We reserve the right, under limited circumstances, to deny access to your health information, and if so, to provide you with a written explanation for the denial, as well as your right to appeal that decision. We may impose a reasonable fee to cover the costs of creating copies of health information. We are required to notify you in writing of any anticipated fees prior to sending the requested information, if the requested health information will be delayed for any reason, or if the requested health information cannot be provided in the format requested.
– Amend: If you feel your health information is incorrect or incomplete, you have the right to request we amend your health information for as long as the information is kept by or for us. To request an amendment to your health information, please contact our Privacy Officer at the address provided at the end of this Notice. You must provide a reason to support your request for an amendment; and, under limited circumstances, we may deny your request. If your request is denied, we must provide an explanation why it was denied.
– Accounting of Disclosures: You have the right to request an “accounting of disclosures,” which lists how we have disclosed your health information. The list will not include certain disclosures, such as health information used or disclosed for your treatment, payment, or health care operations, or disclosures made with your authorization. To request an accounting of disclosures, please contact our Privacy Officer at the address provided at the end of this Notice. Your request must include a time period of disclosures within the last six years. One request within a 12-month period will be free of charge. We may charge a reasonable fee for subsequent requests.
– Request Restrictions: You have the right to request restrictions on what health information we use or disclose for treatment, payment, or health care operations. You also have the right to request a limit on the health information we disclose about you to someone who is involved in your care, such as a family member or friend. To request restrictions on your health information, please contact our Privacy Officer at the address provided at the end of this Notice. We are not required to agree to your restriction request. If agreed, we will comply with your request unless restricted information is needed to provide you with emergency treatment.
– Request Alternative Communication: You have the right to request we communicate with you about medical matters or your health information in an alternative manner or location. To request alternative communication methods, please contact our Privacy Officer at the address provided at the end of this Notice. Your request must specify how you wish to be contacted. We will not ask the reason for your request and will accommodate all reasonable requests.
– Notice in the Event of a Breach: You have the right to be notified when your health information has been acquired, accessed, used, or disclosed in a manner that is not legally permitted, and where we determine your health information has been potentially compromised (referred to as a “breach”). If a breach of your health information occurs, you will be notified of the breach in writing within 60 days of when the breach was discovered.
– Paper Copy of this Notice: You have the right to a paper copy of this Notice of Privacy Practices at any time. You may also obtain a copy of this Notice by contacting our Privacy Officer at the address provided at the end of this Notice.
– Complaints: If you believe your privacy rights have been violated, that your health information has been improperly accessed, used, or disclosed or have concerns about our privacy practices, please contact our Privacy Officer at the address provided at the end of this Notice. You also have the right to file a complaint with the Secretary of the Department of Health and Human Services. You will not be penalized for filing a complaint.
Our Duties
We are required by law to:
- Maintain the privacy of your health information.
- Provide you with this Notice of our legal duties and privacy practices.
- Abide by the terms of this Notice.
- Notify you if there is a breach of your unsecured health information.
Complaints
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.
To file a complaint with Breakthrough Psychiatric & Wellness PLLC, please contact:
Privacy Officer
Breakthrough Psychiatric & Wellness PLLC
1400 Broadfield Blvd., Suite 200
Houston, TX 77084
Phone: 346-558-8882
Email: contact@breakthroughpsychiatric.com
Website: www.breakthroughpsychiatric.com
To file a complaint with the Office for Civil Rights, visit: https://www.hhs.gov/hipaa/filing-a-complaint/index.html
Changes to This Notice
We reserve the right to change the terms of this Notice at any time. Any changes will apply to PHI we already have, as well as new information we receive in the future. We will post a copy of the current Notice on our website and provide it to you upon request.