Notice of Privacy Practices

This notice went into effect on September 5, 2024.

NOTICE OF PRIVACY PRACTICES (HIPAA)

THIS NOTICE DESCRIBES HOW HEALTH INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

WHO WILL FOLLOW THIS NOTICE

ClearStep Therapy (hereafter referred to as ClearStep) may only use your health information for treatment, and health care operations as described in the notice. All of the employees/staff, including clinicians and administrative staff follow these privacy practices.

ABOUT THIS NOTICE

This notice will tell you about the ways we may disclose health information about you and will also describe your rights and certain obligations that we have regarding the use and disclosure of your health information. We are required by law to: make sure that health information that identifies you is kept private; give you this notice of our legal duties and privacy practices with respect to your health information; and follow the terms of the notice that are currently in effect.

HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU

ClearStep may use or disclose your protected health information (PHI), for treatment and health care operations purposes with your consent. To help clarify these terms, here are some definitions:

''PHI” refers to information in your health record that could identify you.

"Treatment, Payment and Health Care Operations” refers to the following:

  • Treatment is provision, coordination, or management of your health care and other services related to your health care. An example of treatment would be a consultation with another health care provider, such as your family physician or another psychologist.

  • Health Care Operations are activities that relate to performance and operations of ClearStep. Examples of health care operations are quality assessment and improvement activities, business related matters such as administrative services, case management and care coordination.

  • “Use" applies only to activities within ClearStep such as sharing, employing, applying, utilizing, examining, and analyzing information that identifies you.

  • "Disclosure" applies to activities outside of ClearStep such as releasing, transferring, or providing access to information about you to other parties.

USES AND DISCLOSURES REQUIRES AUTHORIZATION

ClearStep may use or disclose PHI for purposes outside of treatment and health care operations when your appropriate authorization is obtained. An "authorization" is written permission above and beyond the general consent that permits only specific disclosures. In those instances when ClearStep is asked for information for purposes outside of treatment and health care operations, an authorization will be obtained from you before releasing this information. Authorization will also be obtained before releasing your psychotherapy notes. "Psychotherapy notes" are notes about conversations with your clinician during a private, group, joint, or family therapy session, which are separate from the rest of your medical record. These notes are given a greater degree of protection than PHI.

You may revoke all such authorizations (of PHI or psychotherapy notes) at any time, provided each revocation is in writing. You may not revoke an authorization to the extent that we have relied on that authorization in the past.

USES AND DISCLOSURES WITH NEITHER CONSENT NOR AUTHORIZATION

ClearStep may use or disclose PHI without your consent or authorization in the following circumstances:

  • Child Abuse: If there is reasonable cause to believe that a child has been subject to abuse, ClearStep must report this immediately to the New Jersey Division of Child Protection and Permanency.

  • Adult Domestic Abuse: If there is reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect, or exploitation, ClearStep must report the information to the county adult protective services provider.

  • Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for information about the professional services that ClearStep has provided to you and/or the records thereof, such information is privileged under state law, and ClearStep must not release this information without written authorization from you or your legally appointed representative, or a court order. This privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. ClearStep must inform you in advance if this is the case. If the New Jersey Board of Psychological Examiners issues a subpoena, ClearStep may be compelled to testify before the Board and produce your relevant records and papers.

  • Serious Threat to Health or Safety: If you communicate to ClearStep a threat of imminent serious physical violence against a readily identifiable victim or yourself and ClearStep believes you intend to carry out that threat, ClearStep must take steps to warn and protect. ClearStep must also take such steps if there is a belief that you intend to carry out such violence, even if you have not made a specific verbal threat. The steps ClearStep will take to warn and protect may include arranging for you to be evaluated for admission to a psychiatric unit of a hospital or other health care facility, advising the police of your threat and the identity of the intended victim, warning the intended victim or his or her parents if the intended victim is under 18, and warning your parents if you are under 18. Per the amendment to the existing duty to warn law, originating from bill A1181 signed by NJ Governor Phil Murphy on June 13, 2018, I am required to notify the chief law enforcement officer or the Superintendent of State Police if the patient resides in a municipality that does not have a full time police department that a duty to warn and protect has been incurred with respect to the patient and shall provide to the chief law enforcement officer or superintendent, as appropriate, the patient's name and other nonclinical identifying information.

  • Worker's Compensation: If you file a worker's compensation claim, and I am treating you for the issues involved with that complaint, then I must furnish to the chairman of the Worker's Compensation Board records which contain information regarding your psychological condition and treatment.

PATIENT’S RIGHTS

  • Right to Request Restrictions: You have the right to request restrictions on certain uses and disclosures of your PHI. However, ClearStep is not required to agree to a restriction you request.

  • Right to Receive Confidential Communications by Alternative Means and at Alternative Locations: You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations. (For example, you may not want a family member to know that you are seeing a clinician at ClearStep. Upon your request, correspondence will be sent to another address.)

  • Right to Inspect and Copy: You have the right to inspect or obtain a copy (or both) of PHI and psychotherapy notes in your mental health record used to make decisions about you for as long as the PHI is maintained in record. Your access to PHI may be denied under certain circumstances, but in some cases, you may have the decision reviewed. On your request, ClearStep will discuss with you the details of the request and denial process.

  • Right to Amend: You have the right to request an amendment of PHI for as long as the PHI is maintained in the record. Your request may be denied. On your request, ClearStep will discuss with you the details of the amendment process.

  • Right to an Accounting: You generally have the right to receive an accounting of disclosures of PHI for which you have neither provided consent nor authorization (as described in the previous section of this Notice). On your request, ClearStep will discuss with you the details of the accounting process.

  • Right to a Paper Copy: You have the right to obtain a paper copy of the notice upon request, even if you have agreed to receive the notice electronically.

SALE OF YOUR HEALTH INFORMATION

The sale of your health information without authorization is prohibited. Under Federal law, certain uses and disclosures are not considered a sale of your information, including, but not limited to, disclosures for treatment, payment, for public health purposes, for the sale of part or all of the entity, to any Business Associate for services rendered on our behalf, and as otherwise permitted or required by law. In addition, the disclosure of your health information for research purposes or for any other disclosure permitted by law will not be considered a prohibited disclosure if the only reimbursement received is a "reasonable, cost-based fee" to cover the cost to prepare and transmit your health information and as may otherwise be permitted under Federal and State law. If an authorization is obtained from you to disclose your health information in connection with a sale of your health information, the authorization must state that the disclosure will result in remuneration (meaning that the entity will receive payment for disclosure of your health information and any other requirements of law).

PSYCHOTHERAPY NOTES

We will, in accordance to Federal law, obtain your written authorization to release your psychotherapy notes, if any, that are contained in your health records. However, the entity may use or disclose your psychotherapy notes for the following: (i) to carry out the following treatment, payment, or health care operations: (A) use by the originator of the psychotherapy notes for treatment;  (B) use or disclosure by the entity for its own training programs in which students, trainees, or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family, or individual counseling; or (C) use or disclosure by the entity to defend itself in a legal action or other proceeding brought by you; and (ii) a use or disclosure that is required by or permitted by Federal law.

RIGHT TO RECEIVE NOTIFICATION OF A BREACH

We are required to notify you following discovery of a breach of your unsecured health information.

CLINICIANS’ DUTIES

  • ClearStep is required by law to maintain the privacy of PHI and to provide you with a notice of our legal duties and privacy practices with respect to PHI.

  • ClearStep reserves the right to change the privacy practices described in this Notice. Unless you are notified of such change, however, ClearStep is required to abide by the terms currently in effect.

  • All current clients will be notified if the current policies are revised.

COMPLAINTS

If you have questions about this notice, disagree with a decision that ClearStep makes about access to your records, or have other concerns about your privacy rights, you may contact ClearStep at (609) 436-0193. If you believe that your privacy rights have been violated and wish to file a complaint with ClearStep, you may send your written complaint to ClearStep's office. You may also send a written complaint to the Secretary of the U.S. Department of Health and Human Services. ClearStep can provide you with the appropriate address upon request. You have specific rights under the Privacy Rule. ClearStep will not retaliate against you for exercising your right to file a complaint.