Notice of Privacy Practices

Our privacy responsibilities

• Maintain the privacy and security of your protected health information, or PHI.
• Notify you if a breach may have compromised the privacy or security of your information.
• Provide this notice explaining our legal duties, privacy practices, and your rights.
• Follow the privacy practices described in the notice currently in effect.

We may change this notice and apply the revised notice to information we already maintain and information we receive in the future. A current copy will be available upon request and on this website.

How we may use and share your information

HIPAA permits many uses and disclosures without a separate authorization. Minnesota and Wisconsin laws may require consent or impose additional conditions in some circumstances. Revier Counseling will obtain permission when required by the law that applies.

Treatment

We may use your information to provide, coordinate, or manage your care. This may include consultation, supervision, referrals, and communication with another health care provider involved in treatment. When Minnesota or Wisconsin law requires consent before records are shared for treatment, we will obtain it unless an exception applies.

Payment

We may use or share information to bill and obtain payment from you, an insurer, or another responsible payer; verify benefits; obtain authorization; respond to utilization review; or collect amounts owed. We disclose only information permitted by applicable law and the payer's requirements.

Health care operations

We may use or share information to run the practice, improve quality, conduct compliance activities, train and supervise workforce members, obtain legal or accounting services, and manage records and technology. Business associates that receive PHI must safeguard it as required by law and contract.

Appointments and treatment information

We may contact you about appointments, scheduling, treatment alternatives, health-related benefits, or services that may interest you. Messages may reveal that you receive services from Revier Counseling, so tell us if you need a particular communication method.

People involved in your care or payment

When permitted by law and consistent with your preferences, we may share relevant information with a family member, friend, personal representative, or another person involved in your care or payment. In an emergency or when you cannot express a preference, we may share information when professional judgment and applicable law permit it.

Public interest and legal purposes

Subject to applicable limits, we may use or disclose PHI when authorized or required for:

• reporting suspected abuse or neglect of a child or vulnerable adult;
• preventing or reducing a serious and imminent threat to health or safety;
• public-health activities and health oversight, including audits and investigations;
• a medical emergency, workers' compensation, or another authorized benefit program;
• judicial or administrative proceedings and law-enforcement purposes when legal requirements are met;
• coroners, medical examiners, funeral directors, organ donation, or duties concerning a deceased person;
• research approved under applicable authorization or waiver requirements; or
• specialized government functions permitted by law, including certain military, correctional, and national-security activities.

A subpoena alone does not always authorize disclosure of mental health records. We evaluate legal demands under HIPAA and the applicable Minnesota or Wisconsin law and may require authorization, notice, a protective order, or a court order before releasing information.

Uses and disclosures requiring written authorization

We will obtain a valid written authorization for uses or disclosures not otherwise permitted or required by law. You may revoke an authorization in writing at any time, except to the extent we have already relied on it or another legal limitation applies.

Psychotherapy notes

Psychotherapy notes are notes recorded by a mental health professional that document or analyze the contents of a counseling conversation and are kept separate from the medical record, as defined by HIPAA. If Revier Counseling creates psychotherapy notes, most uses and disclosures require written authorization. Limited exceptions may include the author's use for treatment, certain training or supervision, defense in a legal action you bring, oversight of the author, uses required by law, or uses necessary to avert a serious threat, as permitted by HIPAA and state law.

Marketing and sale

We will obtain written authorization before using or disclosing PHI for marketing. Revier Counseling does not sell PHI.

Substance use disorder records

Special federal protections may apply to records created by or received from a federally assisted substance use disorder program under 42 CFR Part 2. Part 2 records may be used or disclosed for treatment, payment, and health care operations with a written consent that satisfies Part 2, and may then be redisclosed as permitted by HIPAA unless the consent or law provides otherwise.

Part 2 records—or testimony describing their contents—generally may not be used or disclosed in a civil, criminal, administrative, or legislative proceeding against you without your specific written consent or a qualifying court order after notice and an opportunity to be heard. Part 2 records also receive breach-notification protections. If Revier Counseling is itself a Part 2 program, an additional or combined Part 2 notice may apply.

Other specially protected information

Additional authorization or legal requirements may apply to information concerning mental health treatment, HIV or other communicable diseases, genetic testing, sexual assault, domestic violence, minors, or other specially protected services. We follow the law that gives the information the greatest applicable protection.

Your rights

Inspect and obtain a copy

You may ask to inspect or receive an electronic or paper copy of PHI in the designated record set. Psychotherapy notes and certain information prepared for legal proceedings are generally excluded. We will act within the time required by applicable law and may charge only a permitted, reasonable, cost-based fee. We may deny access in limited circumstances and will explain any review rights that apply.

Request an amendment

If you believe information is incorrect or incomplete, you may request an amendment in writing and explain why. We may deny the request for reasons permitted by law, but we will provide a written explanation and describe your right to submit a statement of disagreement.

Receive an accounting of disclosures

You may request a list of certain disclosures made during the six years before your request. The accounting does not include every disclosure, such as many disclosures for treatment, payment, health care operations, or disclosures you authorized. One accounting in a 12-month period is provided without charge; a reasonable cost-based fee may apply to additional requests after advance notice.

Request restrictions

You may ask us to limit how we use or share PHI. We are generally not required to agree. If you pay in full out of pocket for a service and ask us not to disclose information about that service to a health plan for payment or health care operations, we must agree unless disclosure is required by law.

Request confidential communications

You may ask us to contact you in a particular way or at a different address. We will accommodate reasonable requests and will not require you to explain why.

Choose a representative

If someone has legal authority to act for you—such as a health care agent, guardian, parent of a minor, or personal representative—that person may exercise rights on your behalf to the extent allowed by law. We may request documentation of that authority. Special rules may determine who controls information when a minor independently consents to care.

Receive a copy, breach notice, and complain

You may request a paper or electronic copy of this notice at any time. You have the right to receive notice following a breach of unsecured PHI when required by law. You may complain to Revier Counseling or a government agency. We will not retaliate against you for filing a complaint, participating in an investigation, or exercising a privacy right.

Additional Minnesota and Wisconsin protections

Minnesota

The Minnesota Health Records Act generally requires signed and dated consent from the patient or legally authorized representative before health records are released unless Minnesota law specifically authorizes disclosure. A Minnesota consent generally remains valid for one year unless the consent or another law provides a different period; certain treatment, payment, and service-coordination consents may have different duration rules. Disclosures made without consent are documented when required. Minnesota law also provides rights concerning access to records and furnishing records to another provider upon the patient's written request.

Mental health information requested by family members or caregivers is subject to additional Minnesota conditions and limits. We apply those requirements rather than assuming HIPAA permission alone authorizes disclosure.

Wisconsin

Wisconsin law generally treats patient health care records as confidential and permits access or disclosure only with informed consent or as specifically authorized by law. Additional confidentiality and access provisions may apply to treatment records under Wisconsin mental health law. We follow applicable Wisconsin requirements concerning authorization, access, court or legal process, minors, and specially protected records when services are provided in Wisconsin.

Minors

A parent, guardian, or another personal representative usually exercises privacy rights for a minor, but state and federal law create exceptions. Depending on the service and circumstances, a minor may be able to consent to care, control related records, or prevent a parent or guardian from acting as the minor's personal representative. Safety concerns, abuse or neglect reporting, custody orders, and professional judgment may also affect access. We evaluate each request under the law of the state where services were provided.

Questions, requests, and complaints

Contact Becky Revier, Director, to exercise a right, ask a privacy question, obtain a current copy of this notice, or make a complaint.

U.S. Department of Health and Human Services

You may file a health-information privacy complaint with the HHS Office for Civil Rights through its complaint page. OCR generally requires complaints within 180 days of when you knew the act occurred, subject to extension for good cause.

Professional licensing boards

You may also contact the licensing board for the clinician involved. The appropriate board depends on the clinician's profession and state. Examples include the Minnesota Board of Social Work, Minnesota Board of Behavioral Health and Therapy, and Wisconsin Department of Safety and Professional Services.

Filing a complaint will not affect your treatment or result in retaliation.