NOTICE OF PRIVACY PRACTICES

Soul Counseling LLC
100 Court Street SE, Suite 102
Live Oak, Florida 32064
Phone: 386-209-8734
Email: lberlanga@soulcounselingllc.com

Effective Date: July 1, 2021

THIS NOTICE DESCRIBES HOW MEDICAL AND MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Soul Counseling LLC is committed to protecting the privacy and confidentiality of your health information. This Notice describes our responsibilities under the Health Insurance Portability and Accountability Act (HIPAA), applicable federal regulations, and applicable Florida law.

OUR RESPONSIBILITIES

Soul Counseling LLC is required by law to:

• Maintain the privacy and security of your protected health information (PHI).
• Provide you with this Notice explaining 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.
• Comply with applicable federal and Florida confidentiality requirements.

Mental health information may receive additional protections under federal or Florida law. When another law provides greater privacy protection than HIPAA, we will follow the more protective requirement when applicable.

HOW WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION

Treatment

We may use and disclose your health information to provide, coordinate, or manage your treatment and related healthcare services.

For example, with appropriate legal authority, information may be shared with healthcare professionals involved in your care when necessary for treatment.

Payment

We may use and disclose your health information to obtain payment for services provided to you. This may include submitting information to your health insurance plan, verifying benefits, obtaining authorization, processing claims, and addressing billing matters.

Healthcare Operations

We may use and disclose your health information for healthcare operations permitted by law. These activities may include quality improvement, compliance activities, credentialing, training, auditing, and certain administrative functions necessary to operate the practice.

Business Associates

Soul Counseling may use third-party vendors or service providers that perform functions involving protected health information on our behalf.

When required by HIPAA, we enter into Business Associate Agreements requiring those organizations to appropriately safeguard protected health information.

When Required by Law

We may use or disclose protected health information when required or permitted by federal, state, or local law.

This may include certain circumstances involving:

• Suspected abuse, neglect, or exploitation
• Serious and imminent threats to health or safety
• Court orders and certain legal proceedings
• Public health activities
• Health oversight activities
• Workers’ compensation
• Law enforcement activities when legally authorized
• Other disclosures required or permitted by law

Because psychotherapy and mental health records may receive additional legal protections, Soul Counseling will apply applicable confidentiality requirements before making such disclosures.

PSYCHOTHERAPY NOTES

Psychotherapy notes receive special protection under HIPAA.

In most circumstances, Soul Counseling must obtain your written authorization before using or disclosing psychotherapy notes.

Certain limited exceptions are permitted by law, including particular uses by the professional who created the notes and other circumstances specifically authorized under HIPAA.

Psychotherapy notes are treated differently from the clinical information ordinarily maintained in your medical record.

SUBSTANCE USE DISORDER RECORDS

Certain records relating to substance use disorder treatment may receive additional confidentiality protections under federal law, including 42 CFR Part 2 when applicable.

When Soul Counseling maintains information subject to these protections, we will handle that information in accordance with applicable federal requirements.

MARKETING, SALE OF PHI, AND OTHER USES

Soul Counseling will obtain your written authorization before using or disclosing your protected health information for purposes requiring authorization under HIPAA.

We will not sell your protected health information without an authorization when HIPAA requires one.

We will obtain authorization for marketing communications when required by law.

We do not publicly disclose your status as a client or information regarding your treatment in response to online reviews or social media comments.

YOUR WRITTEN AUTHORIZATION

Uses and disclosures of your protected health information not otherwise permitted or required by law generally will be made only with your written authorization.

If you provide authorization, you generally have the right to revoke it in writing at any time. Revocation will not affect actions already taken in reliance on your authorization.

YOUR RIGHTS

You have certain rights concerning your health information.

Obtain an Electronic or Paper Copy of Your Record

You may request access to a copy of health information maintained about you, subject to limitations and exceptions provided by law.

We generally will provide access within the time required by applicable law. A reasonable, cost-based fee may apply when permitted.

Request a Correction

If you believe information in your record is incorrect or incomplete, you may request that we amend it.

We may deny your request under certain circumstances, but we will provide an explanation when required by law.

Request Confidential Communications

You may ask us to communicate with you in a particular manner or at a particular location.

We will accommodate reasonable requests as required by law.

Request Restrictions

You may ask us not to use or disclose certain health information for treatment, payment, or healthcare operations.

We are not required to agree to every requested restriction.

However, when you pay for a healthcare service or item completely out of pocket and request that we not disclose information about that service to your health plan for payment or healthcare operations, we will comply when required by HIPAA.

Obtain an Accounting of Disclosures

You may request a list of certain disclosures of your health information made during the period permitted by law.

The accounting does not include every type of disclosure.

Obtain a Copy of This Notice

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

Choose Someone to Act for You

If you have given someone medical power of attorney or another person has legal authority to act on your behalf, that person may exercise your privacy rights as permitted by law.

We will verify that person’s authority before taking action.

ELECTRONIC COMMUNICATIONS AND TELEHEALTH

Soul Counseling may provide services or communicate with clients through electronic systems, including telehealth platforms, electronic health records, secure forms, electronic billing systems, and other technology used in healthcare operations.

We implement reasonable administrative, technical, and physical safeguards to protect electronic protected health information as required by applicable law.

Clients should understand that ordinary electronic communications may carry privacy risks. Soul Counseling will use appropriate safeguards and secure systems when required for protected health information.

WEBSITE AND ONLINE REVIEWS

Our website may provide general information about Soul Counseling and links to resources or secure forms.

Public websites, social media platforms, and online review websites should not be used to communicate confidential clinical information or urgent mental health concerns.

If an individual voluntarily posts information on a public review or social media platform, Soul Counseling will continue to protect the confidentiality of information maintained by our practice and will not publicly confirm or discuss the individual’s client status, diagnosis, treatment, appointments, or other protected health information.

CHANGES TO THIS NOTICE

Soul Counseling reserves the right to change this Notice and our privacy practices as permitted by law.

Any revised Notice may apply to health information we already maintain as well as information received in the future.

The current Notice will be available at our office and on our website.

QUESTIONS OR COMPLAINTS

If you have questions about this Notice, believe your privacy rights have been violated, or wish to submit a privacy complaint, please contact:

Lourdes Berlanga, LMFT
Privacy Contact
Soul Counseling LLC
100 Court Street SE, Suite 102
Live Oak, FL 32064
Phone: 386-209-8734
Email: lberlanga@soulcounselingllc.com

You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR).

Soul Counseling LLC will not retaliate against you for filing a privacy complaint or exercising your rights under HIPAA.