Privacy policy.
This notice describes how health information may be used and disclosed and how you can gain access to this information. Please review it carefully.
I. My pledge regarding health information:
J. Ham Counseling understands that health information about you and your health care is personal. J. Ham Counseling is committed to protecting health information about you. J. Ham Counseling creates a record of the care and services you receive from your therapist. Your therapist needs this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all the records of your care generated by this practice. This notice will tell you about the ways in which your therapist may use and disclose health information about you.
This notice also describes your rights to the health information that is kept about you and describes certain obligations J. Ham Counseling has regarding the use and disclosure of your health information. J. Ham Counseling is required by law to:
• Make sure that protected health information (“PHI”) that identifies you is kept private.
• Give you this notice of legal duties and privacy practices with respect to health information.
• Follow the terms of the notice that is currently in effect.
J. Ham Counseling can change the terms of this Notice, and such changes will apply to all information kept about you. The new Notice will be available upon request and on J. Ham Counseling’s website.
II. How J. Ham Counseling may use and disclose your health information:
The following categories describe different ways that J. Ham Counseling uses and discloses health information. For each category of uses or disclosures this notice will explain details and give examples. Not every use or disclosure in a category will be listed. However, all the ways J. Ham Counseling is permitted to use and disclose information will fall within one of the categories.
For Treatment Payment, or Health Care Operations: Federal privacy rules (regulations) allow health care providers who have direct treatment relationship with the patient/client to use or disclose the patient/client’s personal health information without the patient’s written authorization, to carry out the health care provider’s own treatment, payment or health care operations. J. Ham Counseling may also disclose your protected health information for the treatment activities of any health care provider. This too can be done without your written authorization. For example, if a health care provider were to consult with another licensed health care provider about your condition, we would be permitted to use and disclose your personal health information, which is otherwise confidential, to assist the health care provider in diagnosis and treatment of your condition.
Disclosures for treatment purposes are not limited to the minimum necessary standard. Because other health care providers need access to the full record and/or full and complete information to provide quality care. The word “treatment” includes, among other things, the coordination and management of health care providers with a third party, consultations between health care providers and referrals of a patient for health care from one health care provider to another.
Lawsuits and Disputes: If you are involved in a lawsuit, J. Ham Counseling and your therapist may disclose health information in response to a court or administrative order. J. Ham Counseling and your therapist may also disclose health information about your child in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
III. Certain uses and disclosers require your authorization:
1) Session Notes: Your therapist will keep “Session Notes” and any use or disclosure of such notes requires your authorization unless the use or disclosure is:
a) For your therapist’s use in treating you.
b) For your therapist’s use in training or supervising associates to help them improve their clinical skills.
c) For your therapist’s use in defending themself in legal proceedings instituted by you.
d) For use by the Secretary of Health and Human Services to investigate J. Ham Counseling’s compliance with HIPAA.
e) Required by law and the use or disclosure is limited to the requirements of such law.
f) Required by law for certain health oversight activities pertaining to the originator of the session notes.
g) Required by a coroner who is performing duties authorized by law.
h) Required to help avert a serious threat to the health and safety of others.
2) Marketing Purposes. As a health care provider, J. Ham Counseling will not use or disclose your PHI for marketing purposes.
3) Sale of PHI. As a health care provider, J. Ham Counseling will not sell your PHI in the regular course of my business.
IV. Certain uses and disclosures do not require your authorization.
Subject to certain limitations in the law, J. Ham Counseling can use and disclose your PHI without your Authorization for the following reasons:
1) When disclosure is required by state or federal law, and the use or disclosure complies with and is limited to the relevant requirements of such law.
2) For public health activities, including reporting suspected child, elder, or dependent adult abuse, or preventing or reducing a serious threat to your or someone else’s health or safety.
3) For health oversight activities, including audits and investigations.
4) For judicial and administrative proceedings, including responding to a court or administrative order, although my preference is to obtain an Authorization from you before doing so.
5) For law enforcement purposes, including reporting crimes occurring on my premises.
6) To coroners or medical examiners, when such individuals are performing duties authorized by law.
7) For research purposes, including studying and comparing the patients who received one form of care versus those who received another form of care for the same condition.
8) Specialized government functions, including, ensuring the proper execution of military missions; protecting the President of the United States; conducting intelligence or counterintelligence operations; or, helping to ensure the safety of those working within or housed in correctional institutions.
9) For workers’ compensation purposes. Although my preference is to obtain an Authorization from you, J. Ham Counseling may provide your PHI to comply with workers’ compensation laws.
10) Appointment reminders and health related benefits or services. J. Ham Counseling may use and disclose your PHI to contact you to remind you that you have an appointment with me. J. Ham Counseling may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that J. Ham Counseling offers.
V. Certain uses and disclosers require you to have the opportunity to object.
1) Disclosures to family, friends, or others. J. Ham Counseling may provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. Written consent is required by you prior to information being shared. The opportunity to consent may be obtained retroactively for emergency situations.
VI. You have the following rights with respect to your PHI:
1) The right to request limits on uses and disclosures of your PHI. You have the right to ask J. Ham Counseling not to use or disclose certain PHI for treatment, payment, or health care operations purposes. J. Ham Counseling am not required to agree to your request, and J. Ham Counseling may say “no” if it is believed it would affect your health care.
2) The right to request restrictions for out-of-pocket expenses paid for in full. You have the right to request restrictions on disclosures of your PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service that you have paid for out-of-pocket in full.
3) The right to choose how J. Ham Counseling sends PHI to you. You have the right to ask your therapist to contact you in a specific way (for example, home or office phone) or to send mail to a different address, and they will agree to all reasonable requests.
4) The right to see and get copies of your PHI. Other than “Session Notes,” you have the right to get an electronic or paper copy of your medical record and other information that J. Ham Counseling and your therapist has about you. J. Ham Counseling will provide you with a copy of your record within 30 days of receiving your written request, and J. Ham Counseling may charge a reasonable, cost-based fee for doing so. With your consent, a summary of your PHI may be supplied instead of supplying the original copies.
5) The right to get a list of the disclosures J. Ham Counseling and your therapist have made. You have the right to request a list of instances in which J. Ham Counseling and your therapist have disclosed your PHI for purposes other than treatment, payment, or health care operations, or for which you provided an Authorization. J. Ham Counseling will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list that is provided will include disclosures made in the last six years unless you request a shorter time. J. Ham Counseling will provide the list to you at no charge, but if you make more than one request in the same year, J. Ham Counseling will charge you a reasonable cost-based fee for each additional request.
6) The right to correct or update your PHI. If you believe that there is a mistake in your PHI, or that a piece of important information is missing from your PHI, you have the right to request that your therapist correct the existing information or add the missing information. Your therapist or J. Ham Counseling may say “no” to your request. If this is the case, J. Ham Counseling will tell you why in writing within 60 days of receiving your request.
7) The right to get a paper or electronic copy of this notice. You have the right get a paper copy of this Notice, and you have the right to get a copy of this notice by e-mail. Even if you have agreed to receive this Notice via e-mail, you have the right to request a paper copy of it.
Effective Date of This Notice:
This notice went into effect on 06/17/2024.