Notice of Privacy Practices

This notice describes how health information about you may be used and disclosed, how you can obtain access to that information, and the duties of Kyle W McEvoy MH Counseling PC. Please review it carefully.

Scope of this notice

This notice applies to protected health information created or received by Kyle W McEvoy MH Counseling PC in connection with clinical services provided by Kyle W. McEvoy and workforce members or contractors acting for the practice. It covers clinical intake, assessment, treatment, care coordination, scheduling, billing, and related health-care operations.

The separate Website Privacy Policy explains how the public site handles inquiry, newsletter, and technical information. Website information that becomes part of a clinical record or otherwise qualifies as protected health information is handled under this notice and applicable law.

Your rights

You have the following rights concerning health information maintained by the practice. Some rights have legal exceptions, and the practice may ask you to make a request in writing and verify your identity or authority.

Inspect or obtain a copy

You may ask to inspect or receive an electronic or paper copy of your medical record and other designated-record-set information. The practice generally will provide a copy or summary within 30 days and may charge a reasonable, cost-based fee. HIPAA access rights generally do not include psychotherapy notes as specifically defined by HIPAA, and other limited exceptions may apply. If access is denied, the practice will explain the reason and any available review right.

Ask to correct or amend information

You may ask the practice to amend health information you believe is incorrect or incomplete. The practice may deny the request in circumstances permitted by law, but generally will explain a denial in writing within 60 days and describe your right to submit a statement of disagreement.

Request confidential communications

You may ask the practice to contact you in a particular way or at a different address. Reasonable requests will be honored. Tell the practice which channels are safe to use and whether a voicemail or message may identify the practice.

Request restrictions

You may ask the practice not to use or disclose certain information for treatment, payment, or health-care operations. The practice is not generally required to agree, except that if you pay in full out of pocket for a service, you may ask the practice not to disclose information about that service to a health plan for payment or operations, unless disclosure is required by law. If the practice agrees to a restriction, it may still disclose information when needed for emergency treatment or as otherwise permitted by law.

Receive an accounting of disclosures

You may ask for an accounting of certain disclosures made during the six years before your request. The accounting does not include every disclosure, such as many disclosures for treatment, payment, or health-care operations. One accounting in a 12-month period is provided without charge; a reasonable, cost-based fee may apply to additional requests after advance notice.

Receive this notice and choose a representative

You may request a paper copy of this notice at any time, even if you accepted it electronically. A person with legal authority to act for you, such as a health-care agent, parent, or legal guardian, may exercise your rights after the practice verifies that authority. The extent of a parent's or guardian's access to a minor's information depends on applicable law and the circumstances of the care.

Your choices and written authorizations

When the law allows, you may tell the practice whether to share relevant information with family, close friends, or others involved in your care or payment for care, and in a disaster-relief situation. If you cannot express a preference, the practice may share information when it reasonably believes doing so is in your best interest or is needed to lessen a serious and imminent threat, consistent with law and professional standards.

The practice will obtain your written authorization before using or disclosing protected health information for a purpose not otherwise permitted by law. Written authorization is generally required for marketing, sale of protected health information, and most uses or disclosures of psychotherapy notes. The practice does not sell protected health information and does not use it for fundraising. You may revoke an authorization in writing, except to the extent the practice has already relied on it.

Treatment, operations, and payment

The practice may use and disclose health information to:

• Provide and coordinate treatment, including consultation or communication with other professionals involved in your care when permitted and clinically appropriate.
• Run the practice, including scheduling, quality review, supervision, licensing, credentialing, legal compliance, security, administration, and contacting you about services.
• Bill and obtain payment, including claims, benefit verification, payment processing, collections permitted by law, and providing superbills or billing records at your request.

The practice may use vendors and other business associates to perform functions involving protected health information. When HIPAA requires it, those parties must sign a business associate agreement and appropriately safeguard the information.

Other uses and disclosures permitted or required by law

Subject to applicable conditions and any stricter state law, the practice may use or disclose health information when permitted or required for:

• Public-health and safety activities
• Reporting suspected abuse, neglect, or domestic violence
• Preventing or reducing a serious and imminent threat to health or safety
• Health oversight, licensing, audits, investigations, or inspections
• Compliance with federal or state law and requests from HHS
• Workers' compensation and similar programs
• Law-enforcement or other government requests authorized by law
• Coroners, medical examiners, funeral directors, or organ-procurement organizations
• Research approved or otherwise permitted under applicable privacy rules
• Court or administrative orders, subpoenas, lawsuits, and legal proceedings

Each category is subject to legal limits. Where a law imposes a higher level of confidentiality, the practice will follow the more protective rule.

Psychotherapy notes and other specially protected records

Psychotherapy notes, as narrowly defined by HIPAA, receive protection beyond the general clinical record. Most uses or disclosures of those notes require your written authorization, subject to limited legal exceptions.

Mental-health, substance-use-disorder, HIV-related, genetic, reproductive, and minor-treatment information may receive additional protection under federal or state law. The practice will obtain consent or authorization when a more protective law requires it and will not rely on this notice to reduce any right provided by that law.

To the extent the practice receives or maintains substance-use-disorder patient records subject to 42 CFR Part 2, those records will not be used or disclosed in civil, criminal, administrative, or legislative investigations or proceedings against you without your written consent or the court order and subpoena required by law. If fundraising communications ever used Part 2 information, you would receive clear advance notice and a choice whether to receive them; the practice does not currently use protected health information for fundraising.

The practice's responsibilities

• Maintain the privacy and security of protected health information as required by law
• Give you this notice and follow the duties and practices described in its current version
• Use or disclose only the information reasonably necessary when a minimum-necessary rule applies
• Notify affected individuals as required if a breach compromises the privacy or security of information
• Honor valid authorizations, restrictions, and privacy requests as required by law
• Refrain from retaliating against anyone who exercises a privacy right or files a complaint

Except as described in this notice or otherwise permitted or required by law, the practice will not use or disclose your protected health information without written authorization.

Questions, requests, and complaints

To exercise a right, ask a privacy question, or make a complaint to the practice, contact the Privacy Contact, Kyle W. McEvoy, at kyle@kylewmcevoy.com. A telephone number must be added to the final notice before it becomes effective. Current clients may also use the Client Portal.

You may also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by mailing 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or using the HHS complaint portal. The practice will not retaliate against you for making a good-faith complaint.

Changes to this notice

The practice may change this notice and may make the revised terms effective for health information it already maintains as well as information received later, as permitted by law. The current notice will be available on this website, upon request, and through the practice's intake and clinical systems. A material revision will state its new effective date.