Confidentiality

Our team has a legal and ethical responsibility to disclose client information without prior consent when there is:

• An imminent, life-threatening danger to self or to someone else
• A reasonable suspicion of abuse of children, dependent adults or elderly people
• A valid court order for the disclosure of client files

Health Insurance Portability Accountability Act (HIPAA)

Client Rights & Therapist Duties
The Health Insurance Portability and Accountability Act (HIPAA) provides privacy protections and patient rights with regard to the use and disclosure of Protected Health Information (PHI) used for the purpose of treatment, payment, and health care operations. HIPAA requires that you are provided with a Notice of Privacy Practices (the Notice) for use and disclosure of PHI for treatment, payment and health care operations. The law also requires that you sign acknowledging that you have been provided with this. If you have any questions, it is your right and obligation to ask. When you sign this document, it will also represent an agreement between patient and provider. You may revoke this Agreement in writing at any time. That revocation will be binding unless the provider has taken action in reliance on it.

Limits on Confidentiality

There are some situations in which the provider is legally obligated to take actions, which he or she believes are necessary to attempt to protect others from harm. In that case, the provider may have to reveal some information about a patient’s treatment:

• If the provider knows, or has reason to suspect, that a child under 18 has been abused, abandoned, or neglected by a parent, legal custodian, caregiver, or any other person responsible for the child’s welfare, the law requires that the provider file a report with the Florida Abuse Hotline. Once such a report is filed, the provider may be required to provide additional information.
• If the provider knows or has reasonable cause to suspect, that a vulnerable adult has been abused, neglected, or exploited, the law requires that the provider file a report with the Florida Abuse Hotline. Once such a report is filed, the provider may be required to provide additional information.
• If the provider believes that there is a clear and immediate probability of physical harm to the patient, to other individuals, or to society, he or she may be required to disclose information to take protective action, including communicating the information to the potential victim, and/or appropriate family member, and/or the police or to seek hospitalization of the patient.

The law protects the privacy of all communication between a patient and a therapist. In most situations, the provider can only release information about a patient's treatment to others if the patient signs a written authorization form that meets certain legal requirements imposed by HIPAA. There are some situations where the provider is permitted or required to disclose information without either patient consent or authorization. If such a situation arises, the provider will limit disclosure to what is necessary. Reasons a provider may have to release your information without authorization:

• If you are involved in a court proceeding and a request is made for information concerning your diagnosis and treatment, such information is protected by the psychologist-patient privilege law. Providers cannot provide any information without the patient's (or the patient's legal representative’s) written authorization, or a court order, or a subpoena in which the patient has been properly notified and fails to notify the provider that he or she opposes the subpoena. If the patient is involved in or contemplating litigation, he or she should consult with an attorney to determine whether a court would be likely to order the provider to disclose information.
• If a government agency is requesting the information for health oversight activities, within its appropriate legal authority, the provider may be required to provide it for them. If a patient files a complaint or lawsuit against the provider, he or she may disclose relevant information regarding that patient in order to defend his or herself.
• If a patient files a worker’s compensation claim, and a provider is providing necessary treatment related to that claim, the provider must, upon appropriate request, submit treatment reports to the appropriate parties, including the patient’s employer, the insurance carrier or an authorized qualified rehabilitation provider.
• The provider may disclose the minimum necessary health information to his or her business associates that perform functions on the provider's behalf or provide patients with services if the information is necessary for such functions or services. A provider's business associates sign agreements to protect the privacy of patient information and are not allowed to use or disclose any information other than as specified in our contract.