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Privacy Policy

Your Privacy is Important

How Your Health Information is Protected and Used Introduction:

I know that your health information is personal, and I am committed to keeping it safe. This document explains how your health information is used and shared, and what your rights are regarding this information. Please read it carefully to understand your privacy protections.

My Promise to You:

  • I will keep your health information private.

  • I will provide you with this notice, explaining how I handle your health information.

  • I will follow the terms of this notice that are in effect.

 

How I Use and Share Your Health Information:

I may use and share your health information in the following ways:

  • For Your Care and Treatment: I might share your information with other healthcare providers to give you the best possible care. For example, if I need to consult with another specialist about your treatment, I will share the necessary information to help them provide the best advice.

  • For Payment Purposes: I may use or share your information to get payment for the services provided to you.

  • For Healthcare Operations: I may use your information to improve the quality of care I provide, to train staff, or for other essential business operations.

 

Special Situations:

  • Legal Matters: If you are involved in a legal case, I may need to share your health information if required by a court order or other legal process.

  • Serious Threats: If there’s a serious threat to your health or the safety of others, I may use or share your information to help prevent harm.

 

When I Need Your Permission:

There are certain situations where I need your written permission to use or share your health information, such as:

  • Psychotherapy Notes: These notes are kept private and will only be shared with your permission, except in specific situations like helping with your treatment, training purposes, or legal defense.

  • Marketing and Sales: I will not use or sell your health information for marketing or sales purposes without your permission.

 

When I Don’t Need Your Permission:

There are some cases where I can use or share your information without your permission:

  • Required by Law: I may need to share your information to comply with state or federal laws.

  • Public Health and Safety: I might need to report certain conditions, such as child abuse, or to help prevent a serious threat to health or safety.

  • Government and Legal Processes: I may share information for audits, law enforcement purposes, or other government functions.

  • Workers’ Compensation: I might need to share your information to comply with workers’ compensation laws.​

Your Rights as a Client

As a client, you have the following rights:

  • Respect and Dignity: You have the right to be treated with respect at all times, free from harsh or unfair treatment and without discrimination based on race, religion, gender, or any other unlawful category.

  • Qualified Care: You can expect that your therapist has met the necessary training and experience qualifications required by state law. You also have the right to verify your therapist's credentials through public records maintained by the licensing board.

  • Privacy and Confidentiality: Your privacy is important. Your information will be kept confidential, except in specific situations where the law requires disclosure, such as:

    • Suspected child abuse.

    • Imminent danger to yourself or others.

    • Legal requirements in court or with your insurance company.

    • Case consultation or supervision.

    • Defending against claims you may bring against your therapist.

    • Emergencies where your name may need to be shared with emergency personnel.

  • Control Over Information Sharing:

    • Request Limits on Sharing: You can ask us not to share certain information, although we may not always be able to agree if it affects your care.

    • Out-of-Pocket Payments: If you pay for a service out of pocket in full, you can ask us not to share that information with your insurance.

    • How We Contact You: You can tell us how and where you prefer to be contacted about your health information (e.g., by phone or mail).

  • Access to Your Information:

    • See and Get Copies of Your Information: You have the right to see or get a copy of your health records. I’ll provide it within 30 days, and there may be a small fee.

    • Get a List of Disclosures: You can ask for a list of when and why your health information was shared (other than for treatment, payment, or healthcare operations).

    • Correct or Update Your Information: If you think there’s a mistake in your health information, you can ask us to correct it. I’ll respond within 60 days.

    • Get a Copy of This Notice: You can request a paper or electronic copy of this notice at any time.

  • Code of Ethics: You can request a copy of the Code of Ethics that guides your therapist's practice.

  • Filing Complaints: If you have concerns, you have the right to report them to the relevant state licensing board.

  • Cost Information: You have the right to be informed about the cost of services before you receive them.

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Your Responsibilities as a Client

As a client, you are responsible for:

  • Providing Accurate Information: Please provide accurate and complete information about your current issues, medical history, and other relevant life circumstances.

  • Understanding Your Treatment: It’s important to let your therapist know if you have any questions or if something about your treatment is unclear.

  • Reviewing Documents: Make sure to read all relevant documents, including the Informed Consent for Treatment, Privacy Practices, and any other forms provided to you.

  • Keeping Appointments: Please keep your scheduled appointments. If you need to cancel, notify your therapist at least 24 hours in advance.

  • Following Treatment Recommendations: While therapy is voluntary, your therapist may provide specific recommendations based on your needs. Not following these recommendations could have consequences, which will be discussed during your sessions.

  • Paying for Services: You are responsible for paying all fees for treatment at the time of service.

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Acknowledgment of Privacy Notice

  • By becoming a client, you acknowledge that you have received a copy of the Privacy Notice, as required by HIPAA. Your therapist will also explain your rights under HIPAA and answer any questions you may have.

Questions or Concerns About Your Privacy

If you ever feel that your privacy rights have been violated, please reach out to me directly so we can address your concerns. You can send a written complaint to me, Javier Meléndez, and I'll do my best to resolve the issue.

 

If you're not satisfied with the outcome, you can also file a complaint with the Secretary of Health and Human Services (HHS). You can find instructions on how to do this at HHS Complaint Process or by calling 1-800-368-1019. Filing a complaint will not result in any form of retaliation.

 

Updates to This Notice

I may update this privacy notice and my privacy practices in the future. If any changes are made, the new terms will apply to all the health information I have about you, including past records. If there are any significant updates, I'll make sure to let you know by providing a copy, posting it in my office, and updating it on my website.

Electronic & Social Media Policy

This section explains how I, as a mental health professional, use electronic communication and social media. Please read this carefully to understand how I interact online and how you can expect me to respond if we connect on the Internet. If you have any questions, feel free to discuss them with me during our sessions. As technology evolves, I may need to update this policy. If that happens, I will inform you in writing and provide an updated copy of the policy.

 

Social Media Friend Requests and Follows

To protect your confidentiality and maintain clear boundaries, I do not accept friend requests or follow current or former clients on any social media platforms (such as Facebook, LinkedIn, Instagram, Twitter, etc.). Connecting on social media can blur the therapeutic relationship and potentially compromise your privacy. If you have concerns or questions about this policy, please bring them up during our session.

 

Location-Based Services

I do not use specific check-in locations on services like SquareUp, Foursquare, or Loopt, as I do not have a fixed office location. When we meet in person, it is typically at a park or another outdoor setting, which may become a regular meeting spot depending on our arrangements. Please be aware that if your device has GPS tracking enabled, others might deduce that you are meeting with me if you regularly check in at the same location. Be mindful of this risk, especially if you are using any location-based service apps on your phone.

 

Interacting Between Sessions

The best way to contact me between sessions is by phone. For quick, administrative tasks like changing appointment times, you can also reach me via email, SMS/text, or through your client portal. For these interactions, please use javier@eutierriatherapy.com or text messaging. See the section below on Email/SMS for more details about these communications.

 

Email/SMS Text Messaging

I prefer to use email and text messaging only for scheduling or changing appointments. For all other communications I prefer we communicate through your client portal or through the Spruce Health App. Please do not send therapeutic content through email or text, as these methods are not fully secure.

 

Use of Search Engines

In rare situations, if I believe you are in danger and have not been in contact through our usual means (e.g., appointments, phone, email), I may use a search engine to locate you or someone close to you to ensure your safety. This would only be done as a last resort and with your welfare in mind.

 

Electronic Payments

Currently, I accept electronic payments via the Simple Practice client portal. While using these payment methods, please be mindful of how you label transactions, as these platforms are not fully secure and may be monitored. I encourage you to consider your privacy when making payments online.

 

Business Review Sites

You might find my practice listed on websites like Yelp, Healthgrades, Yahoo Local, Bing, or others. These sites often add business listings automatically, even if I have not registered with them. Some of these sites allow users to rate their providers and leave reviews. If you choose to leave a review, please be aware of the potential impact on your privacy and confidentiality.

 

Final Thoughts

Thank you for reviewing my Electronic and Social Media Policy. If you have any questions or concerns about these guidelines or our potential interactions online, please bring them up in our sessions so we can discuss them together.

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