Notice of Privacy Practices

Our legal duties

State and federal laws require that we keep your medical records private. Such laws require that we provide you with this notice informing you of our privacy-of-information policies, your rights, and our duties. We are required to abide by these policies until they are replaced or revised.

We have the right to revise our privacy policies for all medical records, including records kept before policy changes were made. Any changes to this notice will be made available upon request before the changes take place.

The contents of material disclosed to us in an evaluation, intake, or therapy session are covered by law as private information. We respect the privacy of the information you provide us, and we abide by the ethical and legal requirements of confidentiality and privacy of records.

How we use and disclose information

Information about your child may be used by personnel associated with Animate Behavior for diagnosis, treatment planning, treatment, and continuity of care. We may disclose it to health care providers who provide your child with treatment — such as doctors, nurses, and mental health professionals — and to business associates affiliated with this clinic, such as billing, quality enhancement, training, audits, and accreditation.

Both verbal information and written records about a client cannot be shared with another party without the written consent of the client or the client's legal guardian or personal representative. It is the policy of Animate Behavior not to release any information about a client without a signed release of information, except in certain emergency situations or exceptions in which client information can be disclosed without written consent. Some of these situations are noted below, and there may be other provisions provided by legal requirements.

Disclosures that may be made without consent

Duty to warn and protect

When a client discloses intentions or a plan to harm another person, the health care professional is required to warn the intended victim and report this information to legal authorities. In cases in which the client discloses or implies a plan for suicide, the professional is required to notify legal authorities and make reasonable attempts to notify the client's caregivers.

Public safety

Health records may be released in the public interest and for safety — for public health activities, judicial and administrative proceedings, law enforcement purposes, serious threats to public safety, essential government functions, military, and when complying with workers' compensation laws.

Abuse

If a client states or suggests that they are abusing a child or vulnerable adult, or that a child or vulnerable adult is in danger of abuse, the professional is required to report this information to the appropriate social service and/or legal authorities.

Other required disclosures

• Prenatal exposure to controlled substances that may be potentially harmful.
• In the event of a client's death, the spouse or parents of a deceased client have a right to access the records.
• Professional misconduct by a health care professional must be reported; related records may be released to substantiate disciplinary concerns.
• Judicial or administrative proceedings — records are released when a court order has been placed.
• Minors / guardianship — parents or legal guardians of non-emancipated minors have the right to access the client's records.
• Insurance & third-party payers are given the information they request regarding services, which may include type of services, dates and times, diagnosis, treatment plan, description of impairment, progress, and summaries.
• Consultations with other professionals may occur to provide the best possible treatment; in such cases, the name and identifying information of the client are not disclosed.
• Unpaid balances may be referred to collection or credit agencies; the specific content of services (diagnosis, treatment plan, progress notes, testing) is not disclosed.

Contacting you

When we must telephone you — for appointment reminders or other information — we make efforts to preserve confidentiality. Please tell us in writing where we may reach you and how you would like us to identify ourselves. If no preference is provided, we will ask to speak to the guardian without identifying the clinic; if asked for more information, we will say it is a personal call, and we follow the same approach for voicemail.

Your rights

• Access your records. You may request a copy of your records in writing with an original (not photocopied) signature. If a request is denied, you'll receive a written explanation. Records for non-emancipated minors must be requested by custodial parents or legal guardians. The charge for this service is $0.15 per page, plus postage.
• Cancel a release of information by providing written notice. To send information to a different location than the address on file, provide that in writing.
• Restrict what is disclosed to others — though if we do not agree with a restriction, we are not bound to abide by it.
• Request alternative communication — that information be communicated by other means or to another location (request in writing).
• Amend your records. You may request a change; if we refuse, you have the right to file a statement of disagreement, which will be placed in your file.
• An accounting of disclosures — you have the right to know what information in your record has been provided, and to whom (request in writing).
• A written copy of this notice, available from the Clinical Supervisor assigned to your case.

Complaints & contact

If you have complaints or questions about these procedures, please contact the clinic and we'll get back to you in a timely manner. You may also submit a complaint to the U.S. Department of Health and Human Services and/or the Behavior Analyst Certification Board. If you file a complaint, we will not retaliate in any way.