Privacy Policy

This Notice describes how your health information may be used and disclosed, and accessed. Please review it carefully. Mental health records are protected under both Montana law and federal regulations (HIPAA), and your records will only be disclosed with your consent, unless an exception applies.

Your privacy is important to me. I am committed to keeping your health information confidential in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and applicable state laws.

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I create records of the care you receive, which are used to provide quality care and comply with legal requirements. This Notice describes how I may use and disclose your health information, as well as your rights regarding it.

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I will retain your records for at least 7 years, as required by Montana law. If you are a minor, records will be kept until you turn 21 or for 7 years after your last treatment, whichever is longer.

Below are the ways I may use or disclose your protected health information (PHI). Some disclosures require your written authorization, while others do not.

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1. Treatment, Payment, and Health Care Operations
Your health information may be used and disclosed for treatment purposes, as well as for administrative tasks like coordinating with other healthcare providers or insurance companies.

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2. Disclosures for Legal Purposes
Your health information may be disclosed if required by a court order or subpoena, particularly in legal matters like lawsuits. If I receive such a request, I will make reasonable efforts to notify you.

SPECIAL PROTECTIONS AND REQUIRED AUTHORIZATIONS

Psychotherapy Notes: These are personal notes I take during our sessions, kept separate from your general medical records. They receive special confidentiality protection and can only be disclosed with your written consent, except in specific situations (e.g., treatment, legal defense).

Substance Use Disorder Records: Records related to substance use treatment are protected under 42 CFR Part 2 and cannot be disclosed without your written consent unless a legal exception applies.

Subpoenas for Mental Health Records: Under Montana law (MCA 53-21-126), mental health records, including psychotherapy notes, are given special protection. If a subpoena requests these records, I will take extra precautions and notify you, seeking legal guidance if necessary.

Marketing and Sale of PHI: I will not use or disclose your health information for marketing purposes, nor will I sell your information.

WHEN I DO NOT NEED YOUR AUTHORIZATION

I may use or disclose your PHI without your written consent in certain situations, including:

• Public Health Activities: To report suspected child abuse, elder abuse, or dependent adult abuse, or to reduce or prevent a serious threat to health or safety.

• Health Oversight: For audits, investigations, or other health oversight activities by government agencies.

• Judicial/Administrative Proceedings: In response to a court order or subpoena.

• Workers' Compensation: When required by workers' compensation laws.

• Appointment Reminders and Health Services: For scheduling or informing you about health-related services.

• Contractor Therapists: If you are working with a contractor therapist within my practice, I may share your PHI with them as necessary for your treatment, in accordance with HIPAA regulations.

Additionally, I may disclose your PHI without authorization for:

• Research: For studies, such as comparing mental health treatment outcomes.

• Specialized Government Functions: Such as military or national security operations.

• Law Enforcement: For reporting crimes that occur on my premises or in connection with your treatment.

• Coroners/Medical Examiners: To assist in performing legal duties.

Montana Health Information Privacy Act (HIPA) & Record Access Policy

Under the Montana Health Information Privacy Act (HIPA), you have the right to access, amend, and control your protected health information (PHI), including your mental health records. I am committed to protecting your privacy and ensuring compliance with both state and federal regulations.

Your Right to Access Records

You have the right to review and obtain copies of your PHI, including mental health records. Requests must be made in writing, specifying what you wish to access.

• Time Frame for Release: Records will be provided within 10 business days of receiving your written request, unless there’s a delay.

• Cost for Copies: A reasonable fee may apply for copying and mailing, including charges up to $0.25 per page for the first 100 pages and $0.12 for additional pages. For electronic records, costs reflect actual preparation and delivery.

Exceptions to Access

Certain records, like psychotherapy notes, or if access could harm your mental or physical health, may not be available. If access is denied, you will be informed of the reason and your right to appeal.

Right to Request Corrections or Amendments:

If you believe your PHI contains errors or omissions, you can request corrections. I will review your request and notify you of my decision within 30 days. If I deny the request, I will explain why.

Right to Request Restrictions:

You may request limits on how your PHI is used or disclosed.While I am not obligated to agree to these requests, I will carefully consider them. You also have the right to request restrictions on disclosures for health services you have paid for out-of-pocket in full.

Right to Choose Communication Methods:

You may request that I contact you in a specific way (e.g., phone, email, or a particular address). I will accommodate reasonable requests.

Right to an Accounting of Disclosures:

You can request a list of disclosures of your PHI for reasons other than treatment, payment, or healthcare operations. The first request per year is free; subsequent requests may incur a reasonable fee. I will respond within 60 days.

Right to Receive a Copy of This Notice:

You have the right to request a paper or electronic copy of this Notice at any time.

Disclosures to family, friends, or others:

I may provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.

• You can withdraw your consent at any time by notifying me in writing. Once withdrawn, I will no longer share your PHI with individuals previously designated by you, unless there is another legal obligation to do so.

I take your privacy seriously, and all information shared during therapy is confidential. However, there are certain situations where I am required or permitted to disclose information without your consent:

• Risk of Harm: If there’s a risk of harm to yourself or others, I must take action to protect safety, which may include disclosing information to authorities.

• Mandatory Reporting: Under Montana law, I must report suspected abuse, neglect, or harm, even if you do not wish to disclose such information.

• Legal Requirements: If a court orders or subpoenas your records, I must comply. I will inform you if such requests are made.

• Consultation: I may consult with colleagues or supervisors to improve your treatment. Your identity will be protected, and only necessary information will be shared.

Under Montana law (MCA 50-16-540), mental health records are confidential and cannot be released without your written consent, except in the following cases:

• Mandatory Reporting: For suspected abuse, neglect, or harm.

• Legal Proceedings: If required by a court order or subpoena.

• Emergency Situations: To prevent harm to you or others.

In these cases, I am legally required to disclose information, even without your consent.

Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you have certain rights regarding the use and disclosure of your protected health information.