NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. YOU MAY HAVE ADDITIONAL RIGHTS UNDER STATE AND LOCAL LAW. PLEASE SEEK LEGAL COUNSEL FROM AN ATTORNEY LICENSED IN YOUR STATE IF YOU HAVE QUESTIONS REGARDING YOUR RIGHTS TO HEALTH CARE INFORMATION.
NOTE: **Protected health information (PHI) in this privacy policy includes psychotherapy notes from session.
ACKNOWLEDGEMENT OF RECEIPT OF PRIVACY NOTICE
Under the Health Insurance Portability and Accountability Act of 1996 (hereafter, “HIPAA”), you have certain rights regarding the use and disclosure of your protected health information (hereafter, “PHI”).
I am required by law to make sure that PHI that identifies you is kept private. HIPPA requires providers of health care (including mental health care) to ensure the privacy of patient records and health information and requires the federal Department of Health and Human Services (HHS) to adopt implementing rules. HIPAA and its rules apply to health care providers, health plans and other entities that process health insurance claims and these are referred to as "HIPAA covered entities." The business associates of these covered entities that receive PHI must also comply with the HIPAA rules.
On March 26, 2013, HHS' Final Omnibus Rule adopted pursuant to HIPAA and related federal laws go into effect. This final rule includes the Privacy Rule, the Security Rule and the Breach Notification Rule.
The HIPAA Privacy Rule gives consumers rights over their health information and sets limits on who can look at and receive a consumer's PHI. That Rule applies to all forms of PHI, whether oral, electronic or written.
The HIPAA Security Rule protects PHI that is in electronic form and requires entities covered by HIPAA to maintain reasonable safeguards to ensure that electronic PHI is secure.
The HIPAA Breach Notification Rule requires HIPAA covered entities and their business associates to provide notice to affected consumers and to HHS in the event of a breach of unsecured PHI.
HOW I MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU
The following categories describe different ways that I use and disclose health information. For each category of uses or disclosures I will explain what I mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways I am 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. I may also disclose your PHI for the treatment activities of any health care provider. This too can be done without your written authorization. For example, if a clinician were to consult with another licensed health care provider about your condition, we would be permitted to use and disclose your PHI, which is otherwise confidential, in order to assist the clinician in diagnosis and treatment of your health condition. I may also use your PHI for operations purposes, including sending you appointment reminders, billing invoices and other documentation. Disclosures for treatment purposes are not limited to the minimum necessary standard. Because therapists and other health care providers need access to the full record and/or full and complete information in order 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, I may disclose health information in response to a court or administrative order. I may also disclose health information about you or your minor child(ren) 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.
USES AND DISCLOSURES THAT DO NOT REQUIRE YOUR AUTHORIZATION
Imminent Danger to Self or others: A therapist may disclose confidential information to medical or law enforcement personnel if they determine there is a probability of:
Imminent physical injury by the patient to themselves (suicide risk).
Imminent physical injury to another person (threat of violence).
Immediate mental or emotional injury to the patient.
Note on "Duty to Warn": While Texas law permits disclosure to law enforcement to protect others, Texas courts have historically been more restrictive than other states regarding a therapist's "duty to warn" a specific third-party victim directly, emphasizing reporting to authorities instead.
Mandatory Reporting of Abuse or Neglect": Therapists in Texas are mandatory reporters. They must break confidentiality and file a report with the Texas Department of Family and Protective Services (DFPS) if they suspect and/or are informed by client:
Child Abuse or Neglect: Suspected abuse of anyone under 18 years old. Professionals must report this within 48 hours of discovery.
Elder Abuse: Abuse, neglect, or financial exploitation of an adult aged 65 or older.
Disabled Adult Abuse: Abuse of any adult with a disability.
Legal and Judicial Proceedings: Confidentiality may be waived or bypassed in judicial or administrative settings if:
A judge issues a court order or a specific subpoena for the records.
The patient is involved in a lawsuit where their mental condition is an element of the claim (e.g., claiming emotional distress).
The therapist is being evaluated by a court-appointed examiner.
The patient files a malpractice suit or formal complaint against the therapist.
Administrative and Operational Needs: Disclosure without specific session-by-session consent is also allowed for:
Billing and Payment: Sharing minimal necessary info with insurance companies to secure payment.
Treatment Teams: Sharing information with other professionals within the same facility who are participating in the patient’s diagnosis or care.
Deceased Patients: Releasing information to a personal representative of a deceased patient.
CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION
Psychotherapy Notes.
We may keep “psychotherapy notes” as that term is defined in 45 CFR § 164.501, and any use or disclosure of such notes requires your Authorization unless the use or disclosure is:
a. For my use in treating you.
b. For my use in training or supervising mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy.
c. For my use in defending myself in legal proceedings instituted by you.
d. For use by the Secretary of the Department of Health and Human Services (HHS) to investigate my 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 psychotherapy 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.
Use of AI in Mental Health. Effective in 2025, Texas law Senate Bill 1188 (SB 1188) requires that if a mental health professional sends PHI to an Artificial Intelligence (AI) system for any reason beyond basic treatment, payment, or operations, they must obtain a specific patient authorization. SB 1188, signed into law in June 2025, significantly updates the Texas Health and Safety Code by introducing strict new requirements for Electronic Health Records (EHR) and the use of AI in healthcare.
Marketing Purposes.
I will not use or disclose your PHI for marketing purposes without your prior written consent. For example, if I request a review from you and plan to share the review publicly online or elsewhere to advertise my services or my practice, I will provide you with a release form and HIPAA authorization. The HIPAA authorization is required in the instance that your review contains PHI (i.e., your name, the date of the service you received, the kind of treatment you are seeking or other personal health details). Because you may not realize which information you provide is considered “PHI,” I will send you a HIPAA authorization and request your signature regardless of the content of your review. Once you complete the HIPAA authorization, I will have the legal right to use your review for advertising and marketing purposes, even if it contains PHI. You may withdraw this consent at any time by submitting a written request to me via the email address I keep on file or via certified mail to my address. Once I have received your written withdrawal of consent, I will remove your review from my website and from any other places where I have posted it. I cannot guarantee that others who may have copied your review from my website or from other locations will also remove the review. This is a risk that I want you to be aware of, should you give me permission to post your review.
Sale, Marketing, Fundraising using PHI. The Texas Medical Records Privacy Act (TMRPA) strictly prohibits using or selling PHI for marketing purposes without a very specific authorization that clearly states the therapist is receiving financial remuneration for the disclosure.
CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT
Disclosures to family, friends, or others: You have the right and choice to tell me that I may provide your PHI to a family member, friend, or other person whom you indicate is involved in your care or the payment for your health care, or to share you information in a disaster relief situation. The opportunity to consent may be obtained retroactively in emergency situations to mitigate a serious and immediate threat to health or safety or if you are unconscious.
YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI
The Right to Request Limits on Uses and Disclosures of Your PHI.
You have the right to ask me not to use or disclose certain PHI for treatment, payment, or health care operations purposes. I am not required to agree to your request, and I may say “no” if I believe it would affect your health care.
The Right to Request Restrictions for Out-of-Pocket Expenses Paid for In Full.
You have the right to request restrictions on the disclosure 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.
The Right to Choose How I Send PHI to You.
You have the right to ask me to contact you in a specific way (for example, home or office phone) or to send mail to a different address, and I will agree to all reasonable requests.
The Right to See and Get Copies of Your PHI.
Other than in limited circumstances, you have the right to get an electronic or paper copy of your medical record and other information that I have about you. Ask us how to do this. I will provide you with a copy of your record, or if you agree, a summary of it, within 30 days of receiving your written request. I may charge a reasonable cost based fee for doing so.
The Right to Get a List of the Disclosures I Have Made.
You have the right to request a list of instances in which I have disclosed your PHI for purposes other than treatment, payment, or health care operations, and other disclosures (such as any you ask me to make). Ask me how to do this. I will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list I will give you will include disclosures made in the last six years unless you request a shorter time. I will provide the list to you at no charge, but if you make more than one request in the same year, I will charge you a reasonable cost based fee for each additional request.
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 I correct the existing information or add the missing information. I may say “no” to your request, but I will tell you why in writing within 60 days of receiving your request.
The Right to Get a Paper or Electronic Copy of this Notice.
You have the right to get a paper copy of this Notice, and you have the right to get a copy of this notice by email. And, even if you have agreed to receive this Notice via email, you also have the right to request a paper copy of it.
The Right 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 make choices about your health information.
The Right to Revoke an Authorization.
You have the right to notify me that you revoke prior authorization you gave on the signed Informed Consent form. Provide me notice of revocation of authorization via email to have it on record.
To File a Complaint on Violation of Rights
Under the Texas Medical Records Privacy Act, consumers have the right to file a complaint with the state agencies that regulate covered entities as well as with the Texas Attorney General.
If you believe your protected health information has been used or disclosed in violation of HIPAA, you have the right to complain to the federal Office of Civil Rights which has authority to investigate complaints against HIPAA covered entities - HHS Office for Civil Rights located at 200 Independence Avenue, S.W., Washington D.C. 20201, calling HHS at (877) 696-6775
Contact the Council, as found on the Council's Contact Us webpage.
I will not retaliate against you for filing a complaint.
Chapter 181 of the Texas Health and Safety Code
Protection of PHI from being used or sold for marketing
CHAPTER 602 of Texas Insurance Code Privacy of Health Information Subchapter A. General provisions
US Dept of Health and Human Services
Texas Behavioral Health Executive Council