Notice of Privacy Practices

Animate Consulting LLC, doing business as Animate Behavior, provides applied behavior analysis (ABA) services to children and families at our Albany center, in homes, in schools and daycares, and by telehealth. We are required by federal law (HIPAA) and California law (the Confidentiality of Medical Information Act) to protect your child's health information and to give you this notice. "Protected health information" means information that identifies your child and relates to their condition, assessment, treatment, or payment for services. In this notice, "you" means the child's parent or legal guardian.

1. How we may use and disclose your child's information without your written authorization

• Treatment. Our BCBAs, supervisors, and behavior technicians share assessment results, treatment plans, session data, and progress notes with each other to deliver and supervise care. We may share information with your child's pediatrician, diagnosing provider, school team, or speech or occupational therapist when coordinating care.
• Payment. We send diagnosis, service codes, dates, and treatment plans to your health plan or funder (for example Kaiser, Contra Costa Health Plan, Catalight or Behavioral Health Provider Network, or the Regional Center of the East Bay) to obtain authorization and payment, and to our billing clearinghouse to submit claims.
• Health care operations. Quality review, clinical supervision and staff training, credentialing, audits, licensing, and business planning. Where possible we use de-identified information or client codes.
• Business associates. Companies that provide services to us and have signed agreements to protect your information: our electronic health record and billing system, Microsoft 365 (secure messaging, telehealth, and document storage), our claims clearinghouse, and our e-signature provider.
• Appointment reminders and scheduling. Calls, texts, or emails to confirm, cancel, or reschedule sessions. Tell us if you prefer a different method.
• Required by law. Reports required by federal, state, or local law.
• Child abuse or neglect. Our staff are mandated reporters under California Penal Code 11166 and must report reasonable suspicion of child abuse or neglect to child protective services or law enforcement.
• Health oversight. Audits, investigations, and inspections by agencies such as the California Department of Health Care Services, Medi-Cal managed care plans, or the Behavior Analyst Certification Board.
• Legal proceedings. In response to a court order, or to a subpoena when legal requirements are met.
• Law enforcement. Limited circumstances defined by law, such as locating a missing person or reporting a crime on our premises.
• Serious threat to health or safety. To prevent a serious and imminent threat to your child, another person, or the public.
• Public health and research. Public health reporting as required by law. Any research would use de-identified data or require your separate authorization.
• Workers compensation, coroners, and government functions. As permitted by law.

California law is stricter than HIPAA in some areas, and we follow the stricter rule. In particular, mental health information, information about HIV status, and records funded through a regional center receive additional protection.

2. Uses that require your written authorization

We will not do the following without a signed authorization, which you may revoke in writing at any time:

• Share psychotherapy notes, if any are kept
• Use or disclose your child's information for marketing
• Sell your child's information (we never do this)
• Share information with a school, daycare, or other provider for any purpose other than coordinating treatment, including releasing full records or assessment reports
• Share information with family members, caregivers, or other adults you have not named on your consent forms
• Use your child's photo, video, name, or story in any public material, including reviews, social media, website content, or training outside our organization

3. Your rights

• Inspect and get a copy of your child's record. Submit a written request. We provide access within 5 business days for inspection and 15 business days for copies under California law (HIPAA allows up to 30 days). We may charge a reasonable cost-based fee for copies.
• Ask us to correct the record. Write to us explaining what is wrong. We may deny the request if the record is accurate; you may add a written addendum of up to 250 words, which becomes part of the record.
• Get a list of disclosures. You may receive an accounting of disclosures we made in the past six years, other than for treatment, payment, operations, or ones you authorized.
• Request restrictions. You may ask us to limit how we use or share information. We are not required to agree, except we must honor a request not to tell your health plan about a service you paid for in full out of pocket.
• Request confidential communications. You may ask that we contact you only at a certain phone number, email, or address, and we will accommodate reasonable requests.
• Get a paper copy of this notice. Any time, even if you accepted it electronically.
• Be notified of a breach. We will tell you if a breach compromises the privacy or security of your child's information.
• Choose someone to act for you. A person with legal authority (such as a court-appointed guardian) may exercise these rights for your child.

4. Parents, guardians, and separated families

Because our clients are minors, the parent or legal guardian who consents to treatment holds these rights. When parents are separated, each parent with legal custody may access records and information unless a court order says otherwise. Please give us a copy of any custody order so we can follow it. If a court order or a lawful release from a regional center or school limits access, we follow that document.

5. Our responsibilities

We must maintain the privacy and security of your child's information, follow the terms of this notice, notify you of a breach, and not use or share information other than as described here unless you tell us in writing that we may. We may change this notice; the current version is always available at our center and on our website, and changes apply to all information we hold.

6. Complaints

If you believe your child's privacy rights have been violated, you may file a complaint with us or with the federal government. You will not be penalized or lose services for filing a complaint.

• Animate Behavior Privacy Officer: Allison Osborn, Director of Administrative Operations, 979 San Pablo Avenue, Albany, CA 94706. Phone (510) 500-5124. Email operations@animatebehavior.com.
• U.S. Department of Health and Human Services, Office for Civil Rights: 200 Independence Avenue SW, Washington, DC 20201. Phone 1-800-368-1019. Online at www.hhs.gov/ocr/privacy/hipaa/complaints.
• California Attorney General, Privacy Enforcement:oag.ca.gov/privacy.