This notice describes how Dr. Meghan Lynch, Licensed Psychologist, PLLC (herein referred to as “I” or “My”) may use and disclose psychological and medical information about clients, and how clients can get access to their information.
Uses and Disclosures for Treatment, Payment, and Health Care Operations
With client consent (signed at intake), I may use or disclose a client’s protected health information (PHI) for treatment, payment, and health care operations.
- “Use” applies only to activities within my office (virtual or physical).
- “Disclosure” applies to activities outside my office, such as releasing, transferring, or providing other parties with access to client information. “PHI” refers to information in a client’s health record that could identify the client.
- “Treatment” is when I provide, coordinate, or manage client health care and other services related to client health care. For example, I may consult with another health care provider, such as a treating physician.
- “Payment” is when I obtain reimbursement for client health care. I may disclose PHI to the client’s health insurance company or EAP to obtain reimbursement for care or to determine coverage.
- “Health Care Operations” are activities related to the operation of my practice. Examples are audits, quality assessment, case management.
Uses and Disclosures Requiring Written Authorization
An “authorization” is written permission above and beyond the general consent, which permits only specific disclosures. With client authorization, I may use or disclose PHI for purposes outside of treatment, payment, and healthcare operations. If I am asked for information about a client for anything other the treatment, payment, or health care operations, I will obtain an authorization from the client before releasing the information. The client may revoke such authorization in writing at any time, with the following exceptions: Clients may not revoke an authorization if (1) I have already relied on it, or (2) if the authorization was obtained as a condition of obtaining insurance coverage, and the law provides the insurer the right to contest the claim under the policy.
Uses and Disclosures Requiring Neither Consent nor Authorization
I may use or disclose client PHI without client consent or authorization in the following circumstances:
- Judicial or Administrative Proceedings: If a client is involved in a court proceeding and the court orders me to release information about the professional services I have provided, I must release the information. In the absence of a court order, the information is privileged under state law and I will not release it without written authorization from the client.
- Child Abuse: If I am given reasonable cause to suspect child abuse or maltreatment, I am required by law to report such abuse or maltreatment to the statewide central register of child abuse and maltreatment, or the local child protective services agency.
- Serious Threat to Health or Safety: If I believe a client presents a serious threat of harm to themself or someone else, I may disclose confidential information to protect the client or others.
- Worker’s Compensation: If a client files a worker’s compensation claim, and I am treating that client for the issues involved with the complaint, then I must provide records of the client’s psychological condition and treatment to the chairman of the Worker’s Compensation Board.
- Health Oversight: If there is an inquiry or complaint about my professional conduct to the New York State Board for Psychology, I must furnish to the New York Commissioner of Education all confidential mental health records relevant to this inquiry.
Client’s PHI Rights
- Right to request restriction: Clients have the right to request restrictions on certain uses and disclosures of PHI. I am not required to agree to a requested restriction.
- Right to receive confidential communication by alternative means and at alternative locations: Clients have the right to request and receive confidential communication of PHI by alternative means/locations. For example, a client may not want a family member to know you are seeing me. Upon request, I will send correspondence to a different address.
- Right to inspect and copy: Clients have the right to inspect and/or obtain a copy of PHI and psychotherapy notes in my records used to make decisions about you for as long as the PHI is maintained in the record. I may deny client access to PHI under certain circumstances. In some cases, clients may have this decision reviewed.
- Right to amend: Clients have the right to request an amendment of PHI for as long as the PHI is maintained in the record. I may deny the request.
- Right to an accounting: Clients have the right to receive an accounting of disclosures of PHI for which they have neither provided consent nor authorization.
- Right to a paper copy: Clients have the right to obtain a paper copy of this notice from me, even if they have agreed to receive the notice electronically.
Psychologist’s PHI Duties
- I am required by law to maintain the privacy of PHI and provide clients with a notice of my legal duties and privacy practices with respect to PHI.
- I reserve the right to change the privacy policies and practices described in this notice. Unless I notify clients of such changes, I am required to abide by the terms currently in effect.
- If I revise my policies and procedures, I will provide clients with a revision notice and/or post a copy on my website.
Questions and Complaints
If you as a client have questions about this notice, disagree with a decision Dr. Lynch makes about access to your records, or have other concerns about privacy rights, please discuss with Dr. Lynch. If a you as a client believe that your privacy rights have been violated, you may file a complaint with Dr. Lynch. You may also send a written complaint to the Secretary of the U.S. Department of Health and Human Services. Dr. Lynch will not retaliate against you for exercising your right to file a complaint.
EFFECTIVE DATE OF THIS NOTICE
This notice went into effect on September 20, 2015
