HIPAA Notice: Client Rights & Therapist Duties

This notice provides a general overview of your rights and my responsibilities under the Health Insurance Portability and Accountability Act (HIPAA) with respect to the use and disclosure of Protected Health Information (PHI) for purposes of treatment, payment, and health care operations.

A complete Notice of Privacy Practices is provided to clients as part of the intake and informed consent process and applies once a therapeutic relationship is established.

Limits on Confidentiality

Federal and state law protect the privacy of communications between a client and a therapist. In most circumstances, information about your treatment may be released only with your written authorization. However, there are certain situations in which disclosure is permitted or required by law, including the following:

  • Legal proceedings: If a court order or properly issued subpoena requires disclosure, and applicable legal standards are met.

  • Health oversight activities: When disclosure is required by a government agency authorized to oversee health care operations.

  • Professional defense: If a client files a complaint or legal claim against the therapist, relevant information may be disclosed as necessary for defense.

  • Workers’ compensation: When treatment relates to a workers’ compensation claim and disclosure is legally required.

  • Business associates: Limited information may be shared with contracted service providers (such as billing or electronic record systems) who are required to protect the confidentiality of PHI.

Disclosures are limited to the minimum necessary information.

Duty to Protect and Mandatory Reporting

There are circumstances in which I may be legally required to take protective action or disclose information without authorization:

  • Child abuse or neglect: If there is reasonable cause to suspect abuse or neglect of a child, a report must be made to the appropriate state authority.

  • Abuse or exploitation of vulnerable adults: Reporting is required when abuse, neglect, or exploitation is suspected.

  • Risk of serious harm: If there is a clear and immediate risk of harm to the client or others, disclosure may be made to appropriate parties to ensure safety.

These duties apply in accordance with the laws of Texas, Oregon, or Washington, depending on where services are provided.

Use and Disclosure of PHI

  • For treatment: Information is used internally and may be shared with other health care providers only with appropriate authorization.

  • For payment: PHI may be used to obtain payment for services.

  • For operations: Information may be used for administrative, quality assurance, or practice operations.

Psychotherapy notes receive additional protection under HIPAA and are not released without specific authorization except as permitted by law.

Client Rights Under HIPAA

You have the right to:

  • Receive confidential and non-discriminatory treatment

  • Access and obtain copies of your health records

  • Request amendments to your records

  • Request restrictions on certain disclosures (though not all requests must be granted)

  • Request confidential communications by alternative means

  • Receive an accounting of certain disclosures

  • Designate a personal representative

  • File a complaint if you believe your privacy rights have been violated

Full details regarding these rights are provided in the Notice of Privacy Practices shared during intake.

Complaints

If you believe your privacy rights have been violated, you may contact: