Clinic's Notice of Privacy Practices

Updated November 5, 2021

This notice describes how mental health information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

Apricity Counseling and Wellness (also known as Eagan Psychotherapy LLC) and its Healthcare Providers are required by law to maintain the privacy of your protected health information (PHI) and to provide you with notice of your privacy rights and our legal duties and privacy practices with respect to your PHI. We are required to abide by the terms of this notice with respect to your PHI but reserve the right to change the terms of this notice and make the new notice provisions effective for all PHI that we maintain. We will provide you with a copy of the revised notice sent by regular mail to the last address you have provided to us for this communication purpose.

Understanding Your Personal Health Information

Each time you visit a hospital, physician, mental health professional, or other health care provider, a record of your visit is made. Typically, this record contains your symptoms; examination and test results; diagnoses; treatment; in the case of a mental health professional, psychotherapy notes; and a plan for future care or treatment. This information, often referred to as your health or medical record, serves as a:

Basis for planning your care and treatment.
Means of communication among the many health professionals who contribute to your care.
Legal document describing the care you received.
Means by which you or a third-party payer can verify that services billed were actually provided a tool in educating health professionals.
Source of data for medical research.
Source of information for public health officials charged with improving the health of the nation a source of data for facility planning and marketing.
Tool with which we can assess and continually work to improve the care we render and the outcomes we achieve.

Understanding what is in your record and how your health information is used helps you to:

Means to ensure its accuracy.
Way to better understand who, what, when, where, and why others may access your health information.
Means to make more informed decisions when authorizing disclosure to others.

Your Health Information Rights

Although your health record is the physical property of Apricity Counseling and Wellness, the facility that compiled it, the information belongs to you. You have the following privacy rights:

The right to request restrictions on the use and disclosure of your PHI to carry out treatment, payment, or health care operations.

You should note that providers not required to agree to be bound by any restrictions that you request but are bound by each restriction that they agree to.
In connection with any patient directory, the right to request restrictions on the use and disclosure of your name, location at this treatment facility, description of your condition and your religious affiliation. We do not maintain a patient directory.
To receive confidential communication of your PHI unless your provider determines that such disclosure would be harmful to you.
To inspect and copy your PHI unless your provider determine in the exercise of her or his professional judgment that the access requested is reasonably likely to endanger your life, emotional or physical safety or that of another person.

You may request copies of your PHI by providing your provider with a written request for such copies. Your provider will provide you with copies within ten (10) business days of your request at your provider's office. You may be charged for each page copied and you will be expected to pay for the copies at the time you pick them up.
To amend your PHI upon your written request to your provider setting forth your reasons for the requested amendment. Your provider has the right to deny the request if the information is complete or has been created by another entity.

Your provider is required to act on your request to amend your PHI within sixty (60) days but this deadline may be extended for another thirty (30) days upon written notice to you. If your provider denies your requested amendment, they will provide you with written notice of her or his decision and the basis for her or his decision. You will then have the right to submit a written statement disagreeing with your provider's decision which will be maintained with your PHI. If you do not wish to submit a statement of disagreement, you may request that your provider provides your request for amendment and her or his denial with any future disclosures of your PHI.
Upon request to receive an accounting of disclosures of your PHI made within the past 6 years of your request for an accounting. Disclosures that are exempt from the accounting requirement include the following:
1. Disclosures necessary to carry out treatment, payment, and health care operations.
2. Disclosures made to you upon request.
3. Disclosures made pursuant to your authorization.
4. Disclosures made for national security or intelligence purposes.
5. Permitted disclosures to correctional institutions or law enforcement officials.
6. Disclosures that are part of a limited data set used for research, public health, or health care operations. Your provider is required to act on your request for an accounting within sixty (60) days but this deadline may be extended for another thirty (30) days upon written notice to you of the reason for the delay and the date by which your provider will provide the accounting. You are entitled to one (1) accounting in any twelve (12) month period free of charge. For any subsequent request in a twelve (12) month period you will be charged a reasonable fee allowed by law for each page copied and you will be expected to pay for the copies at the time you pick them up.
To receive a paper copy of this privacy notice even if you agreed to receive a copy electronically.
To pay out-of-pocket for a service and the right to require that your provider not submit PHI to your health plan.
To be notified of a breach of your unsecured PHI.
The right to complain to your provider and to the Secretary of the U.S. Department of Health and Human Services if you believe your privacy rights have been violated. You may submit your complaint to your provider in writing setting out the alleged violation. Your provider is prohibited by law from retaliating against you in any way for filing a complaint with your provider or Health and Human Services.
If your records are maintained electronically, the right to receive a copy of your PHI in an electronic format and to direct in writing that a third party receive a copy of your PHI in an electronic format.

Uses and Disclosures

Your written authorization is required before your provider can use or disclose her or his psychotherapy notes which are defined as her or his notes documenting or analyzing the contents of conversations during your social work sessions and that are separated from the rest of your clinical file. Psychotherapy notes do not include medication prescription and monitoring, social work session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.

It is our policy to protect the confidentiality of your PHI to the best of our ability and to the extent permitted by law. There are times however, when use or disclosure of your PHI, including psychotherapy notes, is permitted or mandated by law even without your authorization.

Situations where your provider is not required to obtain your consent or authorization for use or disclosure of your PHI psychotherapy notes include the following circumstances:

By your provider or office staff for treatment, payment, or health care operations as they relate to you.
- For example: Information obtained by your provider will be recorded in your record and used to determine the course of treatment that should work best for you. Your provider will document in your record your work together and when appropriate will provide a subsequent health care provider with copies of various reports that should assist him or her in treating you once we have terminated our therapeutic relationship.
- For example: A bill may be sent to you or a third-party payer. The information on or accompanying the bill may include information that identifies you, as well as your diagnosis, procedures, and supplies used.
In the event of an emergency to any treatment provider who provides emergency treatment to you.
To defend the provider or Apricity Counseling and Wellness in a legal action or other proceeding brought by you against us.
When required by the Secretary of the Department of Health and Human Services in an investigation to determine your provider's compliance with the privacy rules.
When required by law insofar as the use or disclosure complies with and is limited to the relevant requirements of such law.
- Examples: To a public health authority or other government authority authorized by law to receive reports of child abuse or neglect.
If your provider reasonably believes an adult individual to be the victim of abuse, neglect or domestic violence, to a governmental authority, including a social services agency authorized by law to receive such reports to the extent the disclosure is required by or authorized by law or you agree to the disclosure and your provider believes that in the exercise of her or his professional judgment disclosure is necessary to prevent serious harm to you or other potential victims. If your provider makes such a report they are obligated to inform you unless they believe informing the adult individual will place the individual at risk of serious injury.

In the course of any judicial or administrative proceeding in response to:

An order of a court or administrative tribunal so long as only the PHI expressly authorized by such order is disclosed.
A subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal so long as reasonable efforts are made to give you notice that your PHI has been requested or reasonable efforts are made to secure a qualified protective order, by the person requesting the PHI.
Child custody cases and other legal proceedings in which your mental health or condition is an issue are the kinds of suits in which your PHI may be requested. In addition your provider may use your PHI in connection with a suit to collect fees for her or his services.
In compliance with a court order or court ordered warrant, or a subpoena or summons issued by a judicial officer, a grand jury subpoena or summons, a civil or an authorized investigative demand, or similar process authorized by law provided that the information sought is relevant and material to a legitimate law enforcement inquiry and the request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought and de-identified information could not reasonably be used.
To a health oversight agency for oversight activities authorized by law as they may relate to your provider (i.e., audits; civil, criminal, or administrative investigations, inspections, licensure, or disciplinary actions; civil, administrative, or criminal proceedings or actions).
To a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or performing other duties as authorized by law.
To funeral directors consistent with applicable law as necessary to carry out her or his duties with respect to the decedent.
To the extent authorized by and the extent necessary to comply with laws relating to workers compensation or other similar programs established by law.
If use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.
To a public health authority that is authorized by law to collect or receive such information for the purposes of preventing or controlling a disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth, death, and the conduct of public surveillance, public health investigations, and public health interventions.
To a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition, if the covered entity or public health authority is authorized by law to notify such persons as necessary in the conduct of a public health intervention or investigation.
To a public health authority or other appropriate governmental authority authorized by law to receive reports of child abuse or neglect.
To a law enforcement official if your provider believes in good faith that the PHI constitutes evidence of criminal conduct that occurs on her or his premises.
Using her or his best judgment, to a family member, other relative or close personal friend, or any other person you identify, your provider may disclose PHI that is relevant to that person's involvement in your care or payment related to your care.
To authorized federal officials for the conduct of lawful intelligence, counterintelligence, and other national security activities authorized by the National Security Act and implementing authority.
To Business Associates under a written agreement requiring Business Associates to protect the information. Business Associates are entities that assist with or conduct activities on your provider's behalf including individuals or organizations that provide legal, accounting, administrative, and similar functions.
To family members and others involved in your care prior to your death, unless doing so would be inconsistent with any prior expressed preferences you have made known to your provider, but limited to PHI relevant to the family member or other person's involvement in your health care or payment.

Your provider may contact you with appointment reminders or information about treatment alternatives or other health related benefits and services that may be of interest to you.

If you have any questions and would like additional information you should bring this to your provider's attention at the first opportunity. Samantha Franklin and Mackenzie Kerber are the designated Privacy Officers for Apricity Counseling and Wellness and will be glad to respond to your questions or request for information:

Privacy Officer Name: Samantha Franklin, Mackenzie Kerber

Business Name: Apricity Counseling and Wellness

Business Address: 3464 Washington Drive, Suite 115, Eagan, MN 55122

Telephone number: 651-348-8551