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Privacy Statement

HIPAA Privacy Statement – Privacy, Records, Confidentiality and Limits on Confidentiality 

 

The psychotherapy and counseling relationship is confidential and private. The law protects the privacy of all communications between a client and a psychotherapist. In most situations, I can only release information about your treatment to others if you sign a written authorization form that meets certain legal requirements imposed by HIPAA. Some situations require only that you provide written advance consent. Your signature on this Agreement provides consent for the following situations:

 

    1. Cathexis participates in a process where selected cases are discussed with other professional colleagues to facilitate our continued professional growth and to give you the benefit of a variety of professional experts. While no identifying information is released in this peer consultation process, the dynamics of the problems and the people involved are discussed, along with the treatment approaches and methods. To ensure your privacy, we do abide by HIPAA regulations in the handling of confidential information. Please note that if your therapist is not an independently licensed clinician, their services are rendered under direct supervision and the clinician will discuss your case and treatment with either Cathexis’s Clinical Director, Tim Mills MC/MFT LPC (tim.mills.lpc@gmail.com, 520-303-8394). More information may be given to this individual than in the peer consultation process. 

 

    1. If a third-party payor, such as an insurance company, is providing payment, Cathexis will release only that information relevant to financial obligations, claims processing, and claims and medical record audits.

 

    1. If the client is an AHCCCS member and is receiving Case Management services through an independent AHCCCS participating agency, Cathexis is obligated to share your medical records with that agency as requested.

 

    1. If your treatment requires services by multiple Cathexis clinicians, your medical records will be discussed for Case Management purposes by the assigned therapists.

 

    1. By signing the Service Agreement/Client Rights document, you understand and acknowledge that your medical information will be released to other persons or agencies for scheduling, billing, and auditing purposes so long as Cathexis holds a Business Associate Agreement with the organizations.

 

    1. As needed, clinicians will discuss your treatment with the Clinical Director for the purposes of Case Management and professional development. 

 

    1. Cathexis is obligated to discuss your treatment and release medical records whenever our contracted health plan requires us to do so.

 

  1. Clients must not assume that text, voicemails and unencrypted emails between themselves and Cathexis staff are HIPAA compliant. 

 

There are some situations where Cathexis is permitted or required to disclose information without either your consent or Authorization:

 

    1. If you are involved in a court proceeding and a request is made by court order for information concerning the profession services Cathexis provides, such information is protected by the therapist-client privilege law. Cathexis cannot provide any information without you or your legal representative’s written authorization or a court order. If you are involved in or are contemplating litigation, consult with your attorney to determine whether a court would be likely to order Cathexis to disclose information.

 

    1. If a government agency is requesting the information for health oversight or auditing activities, Cathexis may be required to provide requested information. 

 

    1. If a client files a complaint or lawsuit against a Cathexis therapist, Cathexis may disclose relevant information regarding the client in order to defend the staff member if necessary. 

 

    1. If a client files a worker’s compensation claim and Cathexis is providing services related to the claim, Cathexis must, upon appropriate request, provide reports to the Worker’s Compensation Commission or the insurer.

 

  1. Insurance providers in which you have consented to allow us to bill for services are permitted to request and receive treatment and diagnosis information, assessments, Progress Notes and any other information to support the services in which Cathexis bills on your behalf.

 

There are some situations under which Cathexis is legally mandated to take actions which are necessary to protect others from harm. Should a mandated situation arise, Cathexis may be required to reveal some information about a client’s treatment. These situations are unusual. 

 

    1. If a client threatens to harm herself/himself, Cathexis may be obligated to seek hospitalization for her/him or to contact family members or others who can help provide protection.

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    1. If Cathexis has reason to believe that a child under 18 is or has been the victim of injury, sexual abuse, neglect or deprivation or necessary medical treatment, the law requires that Cathexis file a report with the appropriate government office (usually Department of Child Safety). Once a report is filed, Cathexis may be required to provide additional information. 

 

    1. If Cathexis has reason to believe that any adult client who is either vulnerable and/or incapacitated and whom has been the victim of injury, abuse, neglect or deprivation or financial exploitation, the law requires that Cathexis file a report with the appropriate government office. Once a report is filed, Cathexis may be required to provide additional information. 

 

  1. If a client communicates an explicit threat or imminent serious physical harm to a clearly identified or identifiable victim and Cathexis believes that the client has the intent and ability to carry out such threat, Cathexis must take protective actions that may include notifying the potential victim, contacting law enforcement or seeking hospitalization for the client.

 

If such a situation arises, Cathexis will make effort to fully discuss the situation with you before taking any action and my disclosure will be limited to that information necessary for safety. While this written summary of exceptions to confidentiality should prove helpful in understanding my legal obligations, it is important that we discuss any questions or concerns that you may have, now or in the future. The laws governing confidentiality can be complex, and some situations may require formal legal advice. The Cathexis Privacy Officer is Susie Mills, cathexisum@cathexistucson.com.