Legal

BY USING OUR WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO RECLAIM COUNSELING & WELLNESS PROCESSING YOUR DATA FOR THE PURPOSES STATED BELOW.

Reclaim Counseling & Wellness believes that the protection and privacy of your Personal Data is important and we value your right to privacy. Our goal is to ensure that Your Data is secure, and that Reclaim Counseling & Wellness only uses Your Data subject to the terms and conditions set forth below.

Data Reclaim Counseling & Wellness Collects
We only collect personal data that you provide directly to us. We will not collect or use Personal Data except as stated in this Privacy Policy. Personal Data may include, among other things, name, postal address, telephone number, email address, payment and billing information, or a combination of these.

WE USE YOUR DATA TO FIND SERVICES FOR YOU, MAKE INQUIRIES REGARDING HEALTH INSURANCE ELIGIBILITY ON YOUR BEHALF, AND TO CONTACT YOU IN RESPONSE TO INQUIRIES.

Except to the extent necessary to fulfill our business obligations as described in this Privacy Policy, we do not sell, transfer, or otherwise disclose to third parties any of the Personal Data that we collect directly from or about you.

We use Personal Data that is collected on Reclaim Counseling & Wellness Digital Assets in the following ways:

• To refer you to a therapist within Reclaim Counseling & Wellness.
• To refer you to a therapist or other professional outside Reclaim Counseling & Wellness. We will only do this with your permission.
• To look up your in-network status with health insurance companies.
• To contact you to schedule an intake appointment.

To amend PHI:
You can ask to correct PHI you believe is incorrect or incomplete. This practice requires you to make your request in writing and provide a reason for the request.
The Practice may deny your request. The Practice will send a written explanation for the denial and allow you to submit a written statement of disagreement.

To request confidential communications:
You can ask the Practice to contact you in a specific way. The Practice will say “yes” to all reasonable requests.

To limit what is used or shared:
You can ask the Practice not to use or share PHI for treatment, payment, or business operations. The Practice is not required to agree if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask the Practice not to share PHI with your health insurer.
You can ask for the Practice not to share your PHI with family members or friends by stating the specific restriction requested and to whom you want the restriction to apply.

To obtain a list of those with whom your PHI has been shared:
You can ask for a list, called an accounting, of the times your health information has been shared. You can receive one accounting every 12 months at no charge, but you may be charged a reasonable fee if you ask for one more frequently.

To receive a copy of this Notice:
You can ask for a paper copy of this Notice, even if you agreed to receive the Notice electronically.

To choose someone to act for you:
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights.

To opt out of receiving communications - the Practice may contact you for important communication efforts, but you can ask not to be contacted again.

Routine Uses and Disclosures of PHI
The Practice is permitted under federal law to use and disclose PHI, without your written authorization, for certain routine uses and disclosures, such as those made for treatment, payment, and the operation of our business. Business operation may include interns and admission coordinators having access to our EDI program for scheduling purposes, information needed for audits and sending medical records, directors of clinical care and owner assuring clinical best practice while utilizing mandated internal company confidentiality for our profession. We may use or disclose PHI for the purposes outside of treatment, payment, and health care operations when your appropriate authorization is attained. An authorization is written permission above and beyond general consent that permits only specific disclosures. I will also need to obtain an authorization before releasing your psychotherapy notes. Psychotherapy notes are notes that I have made about the conversation during a private, group, joint, or family counseling session, which I have kept separate from your medical records. The Practice typically uses or shares your health information in the following ways:

To treat you:
The Practice can use and share PHI with other professionals who are treating you.
Example: Your primary care doctor asks about your mental health treatment.

To run the health care operations:
The Practice can use and share PHI to run the business, improve your care, and contact you.
Example: The Practice uses PHI to send you appointment reminders if you choose.

To bill for your services:
The Practice can use and share PHI to bill and get payment from health plans or other entities.
Example: The Practice gives PHI to your health insurance plan so it will pay for your services. Also, the practice uses an EDI program, Therapynotes. We have a BAA agreement with our EDI program assuring you that it is HIPAA compliant, and our practice has a professional medical billing company, Medical Billing Professionals.


I may use or disclose PHI without your consent or authorization in the following circumstances:
Child, elder, disabled adult and domestic abuse: If information you give me leads me to a reasonable suspicion of abuse or neglect, then I must turn report such information to the Department of Social Services.
Health Oversight: The NC Board of LMFT, The LCSW Board, LCAS board, and LCMHC board has the power, when necessary, to subpoena relevant records should I be the focus of a board inquiry.
Judicial or Administrative Proceedings: If you are involved in a court proceeding, and a request is made for information about the professional serves that I provided you and/or records thereof, such as information is privileged under state law, and I must not release this information without your written authorization, or a court order from a judge. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. You will be informed in advanced if this is the case.
Serious Threat to health and safety: I may disclose your confidential information to protect you and others from a serious threat of harm by you.
Worker’s compensation: If you file a worker’s compensation claim, I am required by law to provide your mental health information relevant to the claim to your employer and the NC industrial commission.


Counselor’s Duties:
I am required by law to maintain the privacy of PHI and to provide you will a notice of my legal duties and privacy practices with respect to PHI.
I reserve the right to change the privacy policies and practices described in this notice. Unless I notify you of such changes, I am required to abide by the terms currently in effect.
If I revise my policies and procedures, I will provide you with a copy of the revisions at your next session.

Uses and Disclosures of PHI That May Be Made Without Your Authorization or Opportunity to Object

The Practice may use or disclose PHI without your authorization or an opportunity for you to object, including:


To help with public health and safety issues
Public health: To prevent the spread of disease, assist in product recalls, and report adverse reactions to medication.
Required by the Secretary of Health and Human Services: We may be required to disclose your PHI to the Secretary of Health and Human Services to investigate or determine our compliance with the requirements of the final rule on Standards for Privacy of Individually Identifiable Health Information.
Health oversight: For audits, investigations, and inspections by government agencies that oversee the health care system, government benefit programs, other government regulatory programs, and civil rights laws.
Serious threat to health or safety: To prevent a serious and imminent threat.
Abuse or Neglect: To report abuse, neglect, or domestic violence.


To comply with law, law enforcement, or other government requests
Required by law: If required by federal, state or local law.
Judicial and administrative proceedings: To respond to a court order, subpoena by judge, or discovery request.
Law enforcement: For law locate and identify you or disclose information about a victim of a crime.
Specialized Government Functions: For military or national security concerns, including intelligence, protective services for heads of state, or your security clearance.
National security and intelligence activities: For intelligence, counterintelligence, protection of the President, other authorized persons or foreign heads of state, for purpose of determining your own security clearance and other national security activities authorized by law.
Workers' Compensation: To comply with workers' compensation laws or support claims.

To comply with other requests
Coroners and Funeral Directors: To perform their legally authorized duties.
Organ Donation: For organ donation or transplantation.
Research: For research that has been approved by an institutional review board.
Inmates: The Practice created or received your PHI in the course of providing care.
Business Associates: To organizations that perform functions, activities or services on our behalf.


Uses and Disclosures of PHI That May Be Made With Your Authorization (release of information) or Opportunity to Object

Unless you object, the Practice may disclose PHI if we have release of information:
To your family, friends, or others if PHI directly relates to that person's involvement in your care (with release of information).
If it is in your best interest because you are unable to state your preference.


Uses and Disclosures of PHI Based Upon Your Written Authorization
The Practice must obtain your written authorization to use and/or disclose PHI for the following purposes:
Marketing, sale of PHI, and psychotherapy notes.


You may revoke your authorization, at any time, by contacting the Practice in writing, using the information above. The Practice will not use or share PHI other than as described in Notice unless you give your permission in writing.


OUR RESPONSIBILITIES
The Practice is required by law to maintain the privacy and security of PHI.
The Practice is required to abide by the terms of this Notice currently in effect. Where more stringent state or federal law governs PHI, the Practice will abide by the more stringent law.
The Practice reserves the right to amend Notice. All changes are applicable to PHI collected and maintained by the Practice. Should the Practice make changes, you may obtain a revised Notice by requesting a copy from the Practice, using the information above, or by viewing a copy on the website .
The Practice will inform you if PHI is compromised in a breach.


This facility participates in the North Carolina Health Information Exchange Network, called NC HealthConnex, which is operated by the North Carolina Health Information Exchange Authority (NC HIEA). We will share your protected health information, or PHI, with the NC HIEA and may use NC HealthConnex to access your PHI to assist us in providing health care to you. We are required by law to submit clinical and demographic data pertaining to services paid for with funds from North Carolina programs like Medicaid and State Health Plan. We may also share other patient data with NC HealthConnex not paid for with State funds. If you do not want NC HealthConnex to share your PHI with other health care providers who are participating in NC HealthConnex, you must opt out by submitting a form directly to the NC HIEA. Forms and brochures about NC HealthConnex are available in our offices and online at NCHealthConnex.gov. Again, even if you opt out of NC HealthConnex, we still will submit your PHI if your health care services are funded by State programs. Your patient data may also be exchanged or used by the NC HIEA for public health or research purposes as permitted or required by law. For more information on NC HealthConnex, please visit NCHealthConnex.gov/patients.


This notice revised 8-23-2024
This Notice is effective on 8-23-2024


YOUR RIGHTS
Your rights regarding PHI are explained below. To exercise these rights, please submit a written request to the Practice at the address noted below.

To inspect and copy PHI:
You can ask for an electronic or paper copy of PHI. The Practice may charge you a reasonable fee.
The Practice may deny your request if it believes the disclosure will endanger your life or another person's life. You may have a right to have this decision reviewed.


To amend PHI:
You can ask to correct PHI you believe is incorrect or incomplete. This practice requires you to make your request in writing and provide a reason for the request.
The Practice may deny your request. The Practice will send a written explanation for the denial and allow you to submit a written statement of disagreement.


To request confidential communications:
You can ask the Practice to contact you in a specific way. The Practice will say “yes” to all reasonable requests.


To limit what is used or shared:
You can ask the Practice not to use or share PHI for treatment, payment, or business operations. The Practice is not required to agree if it would affect your care.
If you pay for a service or health care item out-of-pocket in full, you can ask the Practice not to share PHI with your health insurer.
You can ask for the Practice not to share your PHI with family members or friends by stating the specific restriction requested and to whom you want the restriction to apply.


To obtain a list of those with whom your PHI has been shared:
You can ask for a list, called an accounting, of the times your health information has been shared. You can receive one accounting every 12 months at no charge, but you may be charged a reasonable fee if you ask for one more frequently.


To receive a copy of this Notice:
You can ask for a paper copy of this Notice, even if you agreed to receive the Notice electronically.


To choose someone to act for you:
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights.

To opt out of receiving communications - the Practice may contact you for important communication efforts, but you can ask not to be contacted again.

Routine Uses and Disclosures of PHI
The Practice is permitted under federal law to use and disclose PHI, without your written authorization, for certain routine uses and disclosures, such as those made for treatment, payment, and the operation of our business. Business operation may include interns and admission coordinators having access to our EDI program for scheduling purposes, information needed for audits and sending medical records, directors of clinical care and owner assuring clinical best practice while utilizing mandated internal company confidentiality for our profession. We may use or disclose PHI for the purposes outside of treatment, payment, and health care operations when your appropriate authorization is attained. An authorization is written permission above and beyond general consent that permits only specific disclosures. I will also need to obtain an authorization before releasing your psychotherapy notes. Psychotherapy notes are notes that I have made about the conversation during a private, group, joint, or family counseling session, which I have kept separate from your medical records. The Practice typically uses or shares your health information in the following ways:


To treat you:
The Practice can use and share PHI with other professionals who are treating you.
Example: Your primary care doctor asks about your mental health treatment.


To run the health care operations:
The Practice can use and share PHI to run the business, improve your care, and contact you.
Example: The Practice uses PHI to send you appointment reminders if you choose.


To bill for your services:
The Practice can use and share PHI to bill and get payment from health plans or other entities.
Example: The Practice gives PHI to your health insurance plan so it will pay for your services. Also, the practice uses an EDI program, Therapynotes. We have a BAA agreement with our EDI program assuring you that it is HIPAA compliant, and our practice has a professional medical billing company, Medical Billing Professionals.


I may use or disclose PHI without your consent or authorization in the following circumstances:
Child, elder, disabled adult and domestic abuse: If information you give me leads me to a reasonable suspicion of abuse or neglect, then I must turn report such information to the Department of Social Services.
Health Oversight: The NC Board of LMFT, The LCSW Board, LCAS board, and LCMHC board has the power, when necessary, to subpoena relevant records should I be the focus of a board inquiry.
Judicial or Administrative Proceedings: If you are involved in a court proceeding, and a request is made for information about the professional serves that I provided you and/or records thereof, such as information is privileged under state law, and I must not release this information without your written authorization, or a court order from a judge. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. You will be informed in advanced if this is the case.
Serious Threat to health and safety: I may disclose your confidential information to protect you and others from a serious threat of harm by you.
Worker’s compensation: If you file a worker’s compensation claim, I am required by law to provide your mental health information relevant to the claim to your employer and the NC industrial commission.


Counselor’s Duties:
I am required by law to maintain the privacy of PHI and to provide you will a notice of my legal duties and privacy practices with respect to PHI.
I reserve the right to change the privacy policies and practices described in this notice. Unless I notify you of such changes, I am required to abide by the terms currently in effect.
If I revise my policies and procedures, I will provide you with a copy of the revisions at your next session.




Uses and Disclosures of PHI That May Be Made Without Your Authorization or Opportunity to Object


The Practice may use or disclose PHI without your authorization or an opportunity for you to object, including:


To help with public health and safety issues
Public health: To prevent the spread of disease, assist in product recalls, and report adverse reactions to medication.
Required by the Secretary of Health and Human Services: We may be required to disclose your PHI to the Secretary of Health and Human Services to investigate or determine our compliance with the requirements of the final rule on Standards for Privacy of Individually Identifiable Health Information.
Health oversight: For audits, investigations, and inspections by government agencies that oversee the health care system, government benefit programs, other government regulatory programs, and civil rights laws.
Serious threat to health or safety: To prevent a serious and imminent threat.
Abuse or Neglect: To report abuse, neglect, or domestic violence.


To comply with law, law enforcement, or other government requests
Required by law: If required by federal, state or local law.
Judicial and administrative proceedings: To respond to a court order, subpoena by judge, or discovery request.
Law enforcement: For law locate and identify you or disclose information about a victim of a crime.
Specialized Government Functions: For military or national security concerns, including intelligence, protective services for heads of state, or your security clearance.
National security and intelligence activities: For intelligence, counterintelligence, protection of the President, other authorized persons or foreign heads of state, for purpose of determining your own security clearance and other national security activities authorized by law.
Workers' Compensation: To comply with workers' compensation laws or support claims.


To comply with other requests
Coroners and Funeral Directors: To perform their legally authorized duties.
Organ Donation: For organ donation or transplantation.
Research: For research that has been approved by an institutional review board.
Inmates: The Practice created or received your PHI in the course of providing care.
Business Associates: To organizations that perform functions, activities or services on our behalf.


Uses and Disclosures of PHI That May Be Made With Your Authorization (release of information) or Opportunity to Object


Unless you object, the Practice may disclose PHI if we have release of information:
To your family, friends, or others if PHI directly relates to that person's involvement in your care (with release of information).
If it is in your best interest because you are unable to state your preference.


Uses and Disclosures of PHI Based Upon Your Written Authorization
The Practice must obtain your written authorization to use and/or disclose PHI for the following purposes:
Marketing, sale of PHI, and psychotherapy notes.


You may revoke your authorization, at any time, by contacting the Practice in writing, using the information above. The Practice will not use or share PHI other than as described in Notice unless you give your permission in writing.


OUR RESPONSIBILITIES
The Practice is required by law to maintain the privacy and security of PHI.
The Practice is required to abide by the terms of this Notice currently in effect. Where more stringent state or federal law governs PHI, the Practice will abide by the more stringent law.
The Practice reserves the right to amend Notice. All changes are applicable to PHI collected and maintained by the Practice. Should the Practice make changes, you may obtain a revised Notice by requesting a copy from the Practice, using the information above, or by viewing a copy on the website .
The Practice will inform you if PHI is compromised in a breach.


This facility participates in the North Carolina Health Information Exchange Network, called NC HealthConnex, which is operated by the North Carolina Health Information Exchange Authority (NC HIEA). We will share your protected health information, or PHI, with the NC HIEA and may use NC HealthConnex to access your PHI to assist us in providing health care to you. We are required by law to submit clinical and demographic data pertaining to services paid for with funds from North Carolina programs like Medicaid and State Health Plan. We may also share other patient data with NC HealthConnex not paid for with State funds. If you do not want NC HealthConnex to share your PHI with other health care providers who are participating in NC HealthConnex, you must opt out by submitting a form directly to the NC HIEA. Forms and brochures about NC HealthConnex are available in our offices and online at NCHealthConnex.gov. Again, even if you opt out of NC HealthConnex, we still will submit your PHI if your health care services are funded by State programs. Your patient data may also be exchanged or used by the NC HIEA for public health or research purposes as permitted or required by law. For more information on NC HealthConnex, please visit NCHealthConnex.gov/patients.


This notice revised 8-23-2024
This Notice is effective on 8-23-2024