Notice of Privacy Practices
This notice describes how medical (mental health) information about you may be used and disclosed, and how you can get access to this information. Please review it carefully.
Ten Directions Counseling, the private practice of Stephanie Napolitano, LMHC (“the Practice,” “we,” or “us”), is committed to protecting the privacy of your health information. We are required by the federal Health Insurance Portability and Accountability Act (HIPAA), its implementing regulations, and applicable New York State law, including the New York Mental Hygiene Law, to maintain the privacy of your protected health information (“PHI”), to provide you with this notice of our legal duties and privacy practices, to abide by the terms of the notice currently in effect, and to notify you following a breach of unsecured PHI.
Where New York State law provides greater protection for your health information than HIPAA, we follow the more protective standard.
How We May Use and Disclose Your Health Information
The categories below describe the ways we may use and disclose your PHI. Not every use is listed, but all permitted uses and disclosures fall within one of these categories.
For Treatment
We may use your PHI to provide, coordinate, or manage your mental health care. For example, where appropriate and with your authorization when required, we may share information with another provider involved in your care, such as your physician or psychiatrist, when coordinating treatment or making a referral.
For Payment
We may use and disclose your PHI to obtain payment for services. The Practice is private-pay and does not bill insurance directly; upon request we may provide you with a statement or “superbill” containing diagnosis and service information so that you may seek reimbursement through your out-of-network benefits.
For Health Care Operations
We may use and disclose your PHI for the operation of the Practice. Examples include quality assessment, clinical consultation and supervision, training, and licensing or accreditation activities. Where we consult with other licensed professionals about your care, such consultation is conducted without disclosing identifying information or under appropriate confidentiality obligations.
Appointment Reminders and Communications
We may contact you to provide appointment reminders or information about your care, using the contact methods and preferences you provide to us.
Uses and Disclosures Requiring Your Written Authorization
The following uses and disclosures will be made only with your written authorization:
- Most uses and disclosures of psychotherapy notes (described below);
- Uses and disclosures for marketing purposes;
- Any sale of your PHI; and
- Any other use or disclosure not described in this notice.
You may revoke an authorization in writing at any time, except to the extent we have already relied on it.
Psychotherapy Notes
Psychotherapy notes are notes your counselor records documenting or analyzing the contents of a private counseling session, kept separate from the rest of your record. These notes receive special protection under HIPAA and, in most cases, will not be used or disclosed without your specific written authorization.
Uses and Disclosures That May Be Made Without Your Authorization
We may use or disclose your PHI without your authorization in the following circumstances, to the extent permitted or required by federal and New York State law:
- As Required by Law: When federal, state, or local law requires the use or disclosure.
- To Avert a Serious Threat to Health or Safety: When necessary to prevent or lessen a serious and imminent threat to your health or safety or that of others, consistent with the New York Mental Hygiene Law.
- Abuse, Neglect, or Domestic Violence: To report suspected child abuse or maltreatment, or abuse or neglect of a vulnerable person, as required by New York law, and to report other abuse, neglect, or domestic violence as permitted or required by law. [Confirm reporting scope with counsel.]
- Health Oversight Activities: To a health oversight agency for activities authorized by law, such as licensure, audits, or investigations.
- Judicial and Administrative Proceedings: In response to a court or administrative order, or, with appropriate safeguards, a subpoena or other lawful process.
- Law Enforcement: For limited law enforcement purposes as permitted or required by law.
- Coroners, Medical Examiners, and Funeral Directors: As necessary for them to carry out their duties.
- Public Health Activities: To public health authorities for purposes such as preventing or controlling disease.
- Specialized Government Functions and Workers’ Compensation: For military, national security, or workers’ compensation purposes as authorized by law.
- Business Associates: To third parties that perform services on our behalf (for example, a secure telehealth or records platform), under a written agreement requiring them to protect your PHI.
Additional Protections Under New York Law
Certain categories of information receive heightened protection under New York State law and will not be disclosed except as specifically permitted:
- Mental health information is protected under New York Mental Hygiene Law § 33.13.
- HIV/AIDS-related information is protected under New York Public Health Law Article 27-F.
- Alcohol and substance use disorder treatment records, where applicable, may be protected under federal law (42 CFR Part 2). [Confirm applicability to this practice.]
Your Rights Regarding Your Health Information
You have the following rights regarding your PHI. To exercise any of these rights, please submit your request in writing to the contact below.
Right to Inspect and Copy
You have the right to inspect and obtain a copy of the health information used to make decisions about your care, subject to limited exceptions. We may charge a reasonable, cost-based fee.
Right to Request an Amendment
If you believe information in your record is incorrect or incomplete, you may request that we amend it. We may deny your request in certain circumstances, and you may submit a statement of disagreement.
Right to an Accounting of Disclosures
You have the right to request a list of certain disclosures of your PHI made in the six years prior to your request, excluding disclosures for treatment, payment, health care operations, and certain others.
Right to Request Restrictions
You have the right to request restrictions on how we use or disclose your PHI. We are not required to agree, except that we must agree to a request to restrict disclosure to a health plan for a service you have paid for in full out of pocket.
Right to Request Confidential Communications
You have the right to request that we communicate with you about your care in a specific way or at a specific location, and we will accommodate reasonable requests.
Right to a Paper Copy of This Notice
You have the right to a paper copy of this notice at any time, even if you have agreed to receive it electronically.
Right to Be Notified of a Breach
You have the right to be notified following a breach of your unsecured PHI.
Telehealth
Sessions are conducted through a secure, HIPAA-compliant telehealth platform operating under a business associate agreement. While we take reasonable steps to protect the privacy of telehealth sessions, you are responsible for ensuring you are in a private setting on your end during sessions.
Changes to This Notice
We reserve the right to change this notice and to make the revised notice effective for health information we already have about you as well as information we receive in the future. The current notice will be posted on our website with its effective date, and you may request a copy at any time.
Complaints
If you believe your privacy rights have been violated, you may file a complaint with the Practice using the contact information below, or with the U.S. Department of Health and Human Services, Office for Civil Rights. You will not be retaliated against for filing a complaint.
Contact
Ten Directions Counseling
Stephanie Napolitano, LMHC #005793
Queens, NY
Phone: (929) 782-0578
Email: tendirectionscounseling@gmail.com
You may be asked to acknowledge in writing that you have received this Notice of Privacy Practices.