Confidentiality & Privacy Policy

At Beyond the Waves Counseling, LLC, your privacy is a top priority. The law protects the confidentiality of the relationship between a client and a psychotherapist, meaning that your personal information will not be disclosed without your written permission.

However, there are certain exceptions where I am legally required to break confidentiality to ensure safety:

  1. Suspected Abuse: If there is suspected child abuse, elder abuse, or abuse of a dependent adult, I am mandated by law to report this to the appropriate authorities immediately.

  2. Threat of Harm to Others: If you communicate an intent to cause serious bodily harm to another person, I am required to notify law enforcement and inform the intended victim.

  3. Self-Harm or Risk to Self: If you express an intention to harm yourself, I will make every effort to work with you to ensure your safety. If you are unwilling to cooperate, I may take further steps, as permitted by law, to protect your well-being.

Your trust is essential to the therapeutic process, and I will always prioritize your privacy while adhering to these legal and ethical responsibilities. If you have any questions about confidentiality, please don’t hesitate to ask.

 HIPAA Notice of Privacy Practices

This notice outlines how your medical information may be used and disclosed, as well as how you can access your information. Please read it carefully.

What is Protected Health Information (PHI)?
 Protected Health Information (PHI) includes any information about you that identifies or can be used to identify you and relates to your past, present, or future physical or mental health, healthcare services, or payment for those services.

Your Rights Regarding Your PHI

You have the right to

  • Request a copy of your paper or electronic medical record.

  • Ask for updates to information you believe is inaccurate or incomplete.

  • Specify how and where we contact you.

  • Ask us to limit the sharing of your information.

  • Obtain a list of who we’ve shared your information with and why.

  • Request a copy of this notice at any time.

  • Appoint someone with medical power of attorney or legal guardianship.

  • Report concerns if you believe your privacy rights have been violated.

Our Uses and Disclosures

We may use and share your PHI for:

  • Treatment: Coordinating your care with other providers.

  • Operations: Managing and improving our practice.

  • Billing: Ensuring payment for your services.

  • Public health and safety: Addressing health and safety concerns.

  • Legal compliance: Following applicable laws and regulations.

Details of Your Rights

1. Access Your Medical Record

  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you.

  • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

2. Request Corrections

  • You can ask us to amend inaccurate information. If denied, we will provide a written explanation within 60 days.

3. Confidential Communications

  • You can specify how and where we communicate with you (e.g., mail to a different address). We will accommodate reasonable requests.

4. Limit Information Sharing

  • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.

  •  If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.

5. Disclosure Record

  • Obtain a list of disclosures made in the last six years, excluding those related to treatment, payment, or operations.

  • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.

  • We will include all disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

6. Privacy Notice

  • Request a paper or electronic copy of this notice.

  • You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

7. Designate a Representative

  • Allow someone with legal authority to act on your behalf.

  •  If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.

  • We will make sure the person has this authority and can act for you before we take any action.

8. File a Complaint

Contact us at admin@beyondthewavecounseling.com or file a complaint with the U.S. Department of Health and Human Services at www.hhs.gov/ocr/privacy/hipaa/complaints/.

Details of Your Choices

  • For specific health information, you have the option to communicate your preferences regarding the sharing of your information. If you possess a clear preference for how we should handle your information in the situations outlined below, we encourage you to inform us.

  • Please provide your instructions, and we will adhere to your requests. In these instances, you hold both the right and the option to direct us to:

  • Share pertinent information with family members, close friends, or others involved in your care. In circumstances where you are unable to communicate your preferences, such as in the event of unconsciousness, we may proceed to share your information if we determine it to be in your best interest. Furthermore, we may disclose your information when necessary to mitigate a serious and imminent threat to health or safety. In such instances, we will not share your information without obtaining your written consent.


    Our Uses and Disclosures

  • In the event that consent is provided, the following outlines the typical ways in which we may utilize or disclose your health information.

Treatment

  • We may use your health information and share it with other healthcare professionals involved in your treatment. For instance, coordination of care may be necessary between your physician and our practice.

Operational Functions

  • We may utilize and share your health information in order to effectively manage our organization, enhance your care, and communicate with you as needed. For example, your health information may be employed to oversee your treatment and associated services.

Billing for Services

  • We may use and disclose your health information for the purposes of billing and obtaining payment from health plans or other relevant entities. For instance, we may provide information about you to your health insurance provider to facilitate payment for the services rendered.

    Public Health

  • We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. 

  • Help with public health and safety issues
    We can share health information about you for certain situations such as:

  • Reporting suspected abuse, neglect, or domestic violence

  • Preventing or reducing a serious threat to anyone’s health or safety

    Legal Compliance

  • We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

    We can use or share health information about you:

  • For workers’ compensation claims

  • For law enforcement purposes or with a law enforcement official

  • With health oversight agencies for activities authorized by law

  • For special government functions such as military, national security, and presidential protective services

    Respond to lawsuits and legal actions

  • We can share health information about you in response to a court or administrative order

    Our Responsibilities

  • We are required by law to maintain the privacy and security of your protected health information

  • We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.

  • We must follow the duties and privacy practices described in this notice and give you a copy of it.

  • We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

    Changes to the Terms of this Notice
    We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our website, www.beyondthewavescounseling.com.