THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
WALK BY FAITH COUNSELING, LLC (“Walk By Faith”) is required by law to maintain the privacy of your protected health information (“PHI”) and to notify affected individuals following a breach of unsecured PHI. “PHI” consists of all records related to your health, including demographic information, either created by Walk By Faith or received by Walk By Faith from other health care providers.
This Notice is prepared in accordance with the Health Insurance Portability and Accountability Act, 45 C.F.R. 164.520, and applicable Wisconsin healthcare privacy laws. We are required to provide you with notice of our legal duties and privacy practices with respect to your PHI. These legal duties and privacy practices are described in this Notice. Walk By Faith will abide by the terms of this Notice, or the Notice currently in effect at the time of the use or disclosure of your PHI.
Walk By Faith reserves the right to change the terms of this Notice and to make any new provisions effective for all PHI that we maintain. Patients will be provided a copy of any revised Notices upon request. An individual may obtain a copy of the current Notice from our office at any time.
Walk By Faith may use and disclose your PHI, without your written consent or authorization, for certain treatment, payment, and healthcare operations. There are certain restrictions on uses and disclosures of “treatment records,” which include registration and all other records concerning individuals who are receiving, or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence. There are also restrictions on disclosing HIV test results.
For example, Walk By Faith may determine that you require the services of a specialist. In referring you to a doctor, Walk By Faith may share or transfer your PHI to that doctor.
For example, Walk By Faith will submit claims to your insurance company on your behalf. This claim identifies you, your diagnosis, and the services provided to you.
For example, Walk By Faith may use your diagnosis, treatment, and outcome information to measure the quality of the services that we provide or assess the effectiveness of your treatment when compared to patients in similar situations.
Walk By Faith may contact you, by telephone or mail, to provide appointment reminders. You must notify us if you do not wish to receive appointment reminders.
We may not disclose your PHI to family members or friends who may be involved with your treatment or care without your written permission. PHI may be released without written permission to a parent, guardian, or legal custodian of a child; the guardian of an incompetent adult; the healthcare agent designated in an incapacitated patient’s healthcare power of attorney; or the personal representative or spouse of a deceased patient.
There are additional situations when Walk By Faith is permitted or required to use or disclose your PHI without your consent or authorization. Examples include the following:
In certain circumstances we may be required to report PHI to legal authorities, such as law enforcement officials, court officials, or government agencies. For example, we may have to report abuse, neglect, domestic violence, or certain physical injuries. We are required to report gunshot wounds or any other wound to law enforcement officials if there is reasonable cause to believe that the wound occurred as a result of a crime. Mental health records may be disclosed to law enforcement authorities for the purpose of reporting an apparent crime.
We may release PHI to certain government agencies or public health authority authorized by law, upon receipt of written request from that agency. We are required by law to report suspected child abuse and neglect and suspected abuse of an unborn child. We may release PHI, including treatment records, to the FDA when required by federal law. We may disclose PHI for the purpose of reporting elder abuse or neglect, provided the subject of the abuse or neglect agrees, or if necessary to prevent serious harm. PHI may also be released for the reporting of domestic violence if necessary to protect the patient or community from imminent and substantial danger.
We may disclose PHI, including treatment records, in response to a written request by a federal or state governmental agency to perform legally authorized functions, such as audits, program monitoring and evaluation, and facility or individual licensure or certification.
PHI, including treatment records, may be disclosed pursuant to a lawful court order. A subpoena signed by a judge is sufficient to permit disclosure of all PHI except for HIV test results.
We may disclose PHI, except for treatment records, to a coroner or medical examiner for the purpose of completing a medical certificate or investigating a death.
Under certain circumstances, and only after a special approval process, we may use and disclose your PHI to help conduct research.
PHI, including treatment records, may be disclosed where disclosure is necessary to protect the patient or community from imminent and substantial danger.
There are additional situations when Walk By Faith requires your consent or authorization before using or disclosing your PHI. Examples include the following:
We must obtain your authorization for any use or disclosure of psychotherapy notes, with several exceptions. We may use or disclose psychotherapy notes without your authorization to carry out the following treatment, payment or health care operations: the originator of the psychotherapy notes may use them for treatment; we may use or disclose psychotherapy notes for our own training programs in which students, trainees, or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family or individual counseling; or we may use or disclose psychotherapy notes to defend ourselves in a legal action or other proceeding brought by you. We are required to disclose psychotherapy notes, without your authorization, when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with HIPAA. We may also use or disclose psychotherapy notes to the extent that such use or disclosure is required by law and the use or disclosure complies with and is limited to the relevant requirements of such law. We may also, under certain circumstances, disclose psychotherapy notes to a health oversight agency for oversight activities authorized by law with respect to the oversight of the originator of the psychotherapy notes. We may also disclose psychotherapy notes to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. We may also use or disclose psychotherapy notes, consistent with applicable law and standards of ethical conduct, if we believe, in good faith, the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, and if the use or disclosure is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.
We must obtain your authorization for any use or disclosure of PHI for marketing, except if the communication is in the form of a face-to-face communication made by us to you, or a promotional gift of nominal value provided by us.
We must obtain your authorization for any disclosure of PHI which is a sale of PHI.
Walk By Faith will not make any other use or disclosure of your PHI without your written authorization. You may revoke such authorization at any time, except to the extent that Walk By Faith has already taken action in reliance on the authorization. Any revocation must in writing.
You are permitted to request that restrictions be placed on certain uses or disclosures of your PHI by Walk By Faith to carry out treatment, payment, or healthcare operations. You must request such a restriction in writing. We are generally not required to agree to your request, though we must agree to your request to restrict disclosure of PHI about you to a health plan if the disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law, and the PHI pertains solely to a health care item or service for which you, or a person (other than the health plan) on your behalf, has paid us in full. If we do agree to the restriction, we must adhere to the restriction, except when your PHI is needed in an emergency treatment situation. In this event, information may be disclosed only to healthcare providers treating you. Also, a restriction would not apply when we are required by law to disclose certain
PHI.
You have the right to review and/or obtain a copy of your records, with the exception of psychotherapy notes, or information compiled for use (or in anticipation for use) in a civil, criminal, or administrative action or proceeding. Walk By Faith may deny access under other circumstances, in which case you have the right to have such a denial reviewed. We may charge a reasonable fee for copying your records.
You may request that Walk By Faith send PHI, including billing information, to you by alternative means or to alternative locations. You may also request that Walk By Faith not send information to a particular address or location or contact you at a specific location, such as your place of employment. This request must be submitted in writing. We will accommodate reasonable requests by you.
You have the right to request that Walk By Faith amend portions of your healthcare records, if such information is maintained by us. You must submit this request in writing, and under certain circumstances the request may be denied.
You may request to receive an accounting of the disclosures of your PHI made by Walk By Faith for the six years prior to the date of the request. We are not required, however, to record disclosures made pursuant to a signed consent or authorization.
You may request and receive a paper copy of this Notice.
Any person or patient may file a complaint with Walk By Faith and/or the Secretary of Health and Human Services if they believe their privacy rights have been violated. To file a complaint with Walk By Faith, please contact the Privacy Officer at the following:
Privacy Officer
Walk By Faith Counseling, LLC
611 North Lynndale Drive
Appleton, Wisconsin 54914
(920) 238-3340
It is the policy of Walk By Faith that no retaliatory action will be made against any individual who submits or conveys a complaint of suspected or actual non-compliance or violation of the privacy standards.
This Notice of Privacy Practices is effective October 1, 2021.
Phone (920) 238-3340
Fax (920) 325-0198
75.50 Outpatient Integrated Behavioral Health Treatment Service
Certificate Number: 3501
Authorized Out-of-State Florida Telehealth Provider; Registration Number: TPMC1233
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