Privacy Policy
Effective: June 15, 2025
I. Our Policy Regarding Health Information
Restore Clarity Counseling understands that health information about you and your health care is personal. We are committed to protecting health information about you. We create a record of the care and services you receive from Restore Clarity Counseling. We need this record to provide you with quality care and to comply with legal requirements. This notice applies to all of the records of your care generated by Restore Clarity Counseling. This notice will tell you about the ways in which we may use and disclose health information about you. This notice also describes your rights to the health information we keep about you, and certain obligations we have regarding the use and disclosure of your health information according to the Health Insurance Portability and Accountability Act (“HIPAA”).
We are required by law to:
Make sure that protected health information (“PHI”) that identifies you is kept private and secure.
Give you this notice of our legal duties and privacy practices with respect to your health information.
Follow the terms of the notice that is currently in effect.
We can change the terms of this Notice, and such changes will apply to all health information we have about you. The new Notice will be available upon request, in the Restore Clarity Counseling office, and on our website.
II. How We May Use and Disclose Health Information for Treatment, Payment, and Health Care Operations
Federal privacy rules (regulations) allow health care providers who have a direct treatment relationship with a patient to use or disclose the patient’s PHI without the patient’s written authorization, to carry out the health care provider’s treatment, payment or health care operations. We may also disclose your PHI for the treatment activities of any health care provider. This too can be done without your written authorization. For example, if a clinician were to consult with another licensed health care provider about your condition, we would be permitted to use and disclose your PHI, which is otherwise confidential, in order to assist the clinician in diagnosis and treatment of your mental health condition.
Disclosures for treatment purposes are not limited to the minimum necessary standard. Because therapists and other health care providers need access to the full record and/or full and complete information in order to provide quality care.
“Use” is when PHI is shared within Restore Clarity Counseling. This includes the sharing, application, utilization, examination and analysis of your PHI within the practice.
“Disclosure” is when PHI is shared with an entity outside of Restore Clarity Counseling. This includes releasing, transferring or providing access to your PHI to other parties/entities.
“Treatment” is when we provide, coordinate or manage your health care and other services related to your health care. An example of disclosure for treatment purposes would be consultations between health care providers and referrals of a patient for health care to from one health care provider to another.
“Payment” is when we obtain reimbursement for your healthcare. An example of disclosure for payment purposes would be when we disclose your PHI to your health insurer to obtain reimbursement for your health care or to determine eligibility or coverage.
“Health Care Operations” are activities that relate to the performance and operation of this practice. Examples of use and disclosure for health care operations are as follows:
Review of Providers: This includes evaluating the performance of counseling professionals.
Patient Directories: PHI can be included in patient directories to help identify patients and facilitate their care.
Health Related Business and Services: This includes activities like appointment scheduling and notification, electronic health record management, billing, and claims processing.
Employee Training: PHI can be used for training purposes, such as educating employees on privacy and security protocols.
Quality Assessment and Improvement Activities: PHI can be used to analyze the quality of care, assess patient safety, and improve healthcare practices.
Clinical Guideline Development: PHI can be used to develop and modify clinical guidelines and protocols.
Compliance Activities: This includes activities related to adhering to HIPAA regulations and other legal requirements.
III. Uses & Disclosures Requiring Your Authorization
An “authorization” is a written, signed document that gives Restore Clarity Counseling permission to use or disclose your PHI for purposes beyond treatment, payment, or health care operations. It's a more specific permission than a general consent, which typically covers those core healthcare activities.
PHI can be used and disclosed for purposes outside of treatment, payment, and health care operations in the following circumstances when your authorization is obtained.
“Psychotherapy notes” are notes recorded (in any medium) by a mental health care professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of your medical record.
Any use or disclosure of psychotherapy notes requires your authorization unless the use or disclosure is:
For our use in treating you.
For our use in training or supervising mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy.
For our use in defending ourselves in legal proceedings instituted by you.
For use by the Secretary of Health and Human Services to investigate my compliance with HIPAA.
Required by law and the use or disclosure is limited to the requirements of such law.
Required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes.
Required by a coroner who is performing duties authorized by law.
Required to help avert a serious threat to the health and safety of others.
“Information related to reproductive healthcare” includes all information relating to the health of a person in all matters relating to the reproductive system and to its function and processes. All handling of information related to reproductive healthcare will be in accordance with HIPAA Privacy Rule at 45 CFR 164.502(a)(5)(iii).
Marketing Purposes: Using your PHI to develop a targeted marketing campaign requires your authorization.
Psychotherapy notes and reproductive health care information are given a greater degree of protection than PHI.
You may revoke all such authorizations (of PHI, psychotherapy notes, or reproductive healthcare information) at any time, provided each revocation is in writing. Your revocation will become effective upon our receipt of your written notice. Your revocation will not affect any use or disclosure permitted by your authorization while it was in effect. You may not revoke an authorization to the extent that
1. we have relied on that authorization; 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 & Disclosures With Neither Consent Nor Authorization
We may use or disclose PHI without your consent or authorization in the following circumstances:
Legally Required: When disclosure is required by state or federal law, and the use or disclosure complies with and is limited to the relevant requirements of such law.
Law Enforcement: We may disclose your health information to the police or other law enforcement officials as required or permitted under federal and state law.
Public Health:
Child Abuse: If we have cause to believe that a child is being, has been or may be neglected or abused, we must make a report to the Texas Department of Family and Protective Services or to a local or state law enforcement agency within 48 hours.
Vulnerable Adult Abuse: If we have cause to believe that a vulnerable adult is being or has been maltreated, abused, neglected or exploited, we must immediately make a report to the Texas Department of Family and Protective Services or to a local or state law enforcement agency.
A “vulnerable adult” is an individual age 65 or older, or an adult aged 18-64 with a disability that substantially impairs their ability to live independently or care for or protect themselves. Texas law specifically defines a vulnerable adult as someone who, due to various factors (like incapacity, mental illness, disability, etc.), is unable to meet their own needs or seek help without assistance.
Serious Threat to Health or Safety: We may use and disclose your PHI to appropriate authorities when necessary to prevent serious threat to your health and safety or the health and safety of another person or the public.
Health Oversight Activities: If an oversight agency requests that we release records to them in order for the appropriate examining board to investigate a complaint, we must comply with their request. Oversight activities include audits, investigations, and inspections as necessary for licensure and for government monitoring of the health care system, government programs, and compliance with federal and applicable state law.
Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for your health information, that information is privileged under state law and will not released without written authorization from you, 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. You will be informed in advance if this is the case.
Medical Examiners and Others: We may use or disclose health information about you to medical examiners or coroners to allow them to perform their lawful duties.
Research: We may use or disclose health information about you for research purposes under certain circumstances.
Specialized Government Functions: Your health information may be disclosed as authorized by law to federal officials so they may provide protection to the president, conduct special investigations, conduct intelligence or counter-intelligence operations; or, help to ensure the safety of those working within or housed in correctional institutions.
Worker’s Compensation: If you file a worker's compensation claim, we may disclose PHI to workers' compensation insurers, administrators, and employers if the disclosure is necessary to comply with workers' compensation laws or to obtain payment for healthcare services.
Health-Related Services: We may use and disclose health information about you to to tell you about health-related benefits or services that may be of interest to you.
Patient Rights
Right to Request Restrictions: You have the right to request restrictions on certain uses and disclosures of your PHI by sending a written request to Restore Clarity Counseling. We are not required to agree to all requests. We cannot agree to restrictions on uses or disclosures that are legally required, or which are necessary to administer our services. We are required to agree to your request to restrict disclosure of your health information to a health plan if the disclosure is for payment or health care operations and the information pertains solely to a health care item or service for which you have paid out-of-pocket in full. You may revoke the authorization, in writing, at any time, but we cannot take back any uses or disclosures of your health information already made with your authorization.
Right to Confidential Communications: You have the right to confidential communications and to specify how you would like to be contacted (e.g., you can ask to be contacted at your work instead of home or through the portal instead of by phone). We will accommodate reasonable requests.
Right to Access PHI: You have the right to ask to see or get a copy of your PHI. We may deny your access to PHI under certain circumstances. Upon receipt of your request, we will discuss with you the details of the request and denial process and any associated copying or mailing fees.
Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice upon request. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.
Right to Amend: If you believe that your record contains incomplete or inaccurate information, you have the right to request an amendment of your PHI for as long as the PHI is maintained in the record. We may deny your request. On your request, we will discuss with you the details of the amendment process.
Right to an Accounting of Disclosures: You have the right to receive an accounting of disclosures of your PHI. On your request, we will discuss with you the details of the accounting process.
Right to Revoke Authorizations: You have the right to revoke your authorization for the use and disclosure of your PHI at any time by written request. This revocation is effective upon receipt.
Right to Notification of a Breach: You have the right to be notified in the event of a breach of your unsecured PHI. If a breach of your unsecured PHI occurs, we will notify you promptly in accordance with federal and state laws.
Right to File a Complaint: If you believe your privacy rights have been violated, you can file a complaint with our Privacy Official, listed below. You may also file a complaint directly with any of the following federal and state agencies:
U.S. Department of Health and Human Services:
Office for Civil Rights U.S. Department of Health and Human Services 200 Independence Avenue, S.W. Washington, D.C. 20201 1-877-696-6775 or use the web form at https://ocrportal.hhs.gov
Office of the Attorney General of Texas:
Marisa Smith, Regional Manager Office for Civil Rights - Region VI U.S. Department of Health and Human Services
1301 Young Street, Suite 1169 Dallas, TX 75202 or use the web form at https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaintTexas Behavioral Health Executive Council
Texas Behavioral Health Executive Council Attn: Enforcement Division 1801 Congress Ave., Ste. 7.300 Austin, Texas 78701 or us the web form at https://www.bhec.texas.gov/discipline-and-complaints/index.html
You will not be penalized in any way for filing a complaint.
Questions Or Complaints
For more information about our privacy practices or if you have questions or concerns, please contact us.
Privacy Official:
Rebekah Sanchez
rsanchez@restore-clarity.com
(726) 600-2627