Notice of Privacy Practices

Introduction

This Notice of Privacy Practices applies to The ALLICE Collective for Mental Health & Community Engagement (dba The ALLICE Collective) and its associated mental health clinicians.

The Health Insurance Portability and Accountability Act (HIPAA) requires covered health care providers to protect the privacy of your protected health information (PHI) and inform you of your privacy rights.

PHI includes information that identifies you and relates to your past, present, or future physical or mental health, the services you receive, or payment for those services.

The ALLICE Collective maintains the confidentiality of health information in accordance with applicable federal and Texas laws, including HIPAA and the Texas Health and Safety Code. Our clinical practices are also informed by the National Association of Social Workers (NASW) Code of Ethics, American Counseling Association (ACA) Code of Ethics, and American Association for Marriage and Family Therapy (AAMFT) Code of Ethics.

We are required to follow the privacy practices described in this notice while it is in effect.

How The ALLICE Collective May Use and Disclose Your Health Information

The following sections explain when your PHI may be used or disclosed. These examples do not cover every possible situation. All uses and disclosures are subject to applicable federal and Texas confidentiality requirements.

For Treatment

Your protected health information (PHI) may be used and disclosed by authorized individuals involved in your care for the purpose of providing, coordinating, or managing your treatment and related services. This includes consultation with clinical supervisors and other members of your treatment team within The ALLICE Collective.

Consultations outside The ALLICE Collective, including discussions for academic supervision, use de-identified client information. Identifiable PHI will only be disclosed to outside consultants with your authorization or as otherwise permitted or required by law.

For Payment

Your PHI may be used or disclosed to obtain payment for treatment services provided to you. The ALLICE Collective obtains client authorization before submitting information to health insurance carriers.

Payment-related activities may include determining insurance eligibility or coverage, processing claims, reviewing medical necessity, and conducting utilization reviews. When disclosure is necessary for collection activities, we will limit the information disclosed in accordance with applicable law.

For Health Care Operations

Your PHI may be used or disclosed as necessary to support organizational activities, including quality assessment, professional oversight, licensing, compliance, administrative activities, and other permitted health care operations.

We may share information with contracted service providers performing services on our behalf when permitted by law and subject to applicable confidentiality safeguards and business associate agreements.

Protected health information may be accessed and discussed by authorized clinical supervisors and supervised clinicians as necessary for client care, clinical supervision, and professional training. Clinical supervisors review and approve clinical documentation for providers practicing under their supervision, in accordance with applicable professional and organizational requirements. Access to client information is limited to each individual's assigned responsibilities and remains subject to applicable confidentiality requirements. Other uses or disclosures for teaching or training purposes will require client authorization when required by law.

Required by Law

We may disclose PHI when required by applicable federal or state law. We must also make information available to the U.S. Department of Health and Human Services when necessary to investigate or determine compliance with HIPAA.

Uses and Disclosures Without Authorization

Certain uses and disclosures of PHI may be permitted or required without written authorization. The ALLICE Collective follows applicable confidentiality requirements, including more restrictive protections under Texas law.

Child Abuse or Neglect

PHI may be disclosed to an authorized agency when required or permitted by law to report suspected child abuse or neglect.

Judicial and Administrative Proceedings

PHI may be disclosed in response to a court order, subpoena, or other legal process when applicable requirements for disclosure have been satisfied.

Deceased Clients

PHI concerning deceased individuals may be disclosed as permitted or required by law. HIPAA generally protects PHI for 50 years following an individual's death.

Medical Emergencies

PHI may be disclosed to appropriate health care personnel when necessary to provide emergency care or prevent serious harm, as permitted by applicable law.

Family Involvement in Care

We may share relevant information with family members or other individuals involved in your care when you authorize the disclosure or when otherwise permitted by law.

Health Oversight

PHI may be disclosed to authorized oversight agencies for legally permitted activities, including audits, investigations, inspections, and licensing reviews.

Law Enforcement

PHI may be disclosed to law enforcement only under circumstances permitted or required by applicable law, including qualifying legal processes and certain emergencies.

Specialized Government Functions

PHI may be disclosed for certain authorized military, national security, or other governmental activities when permitted or required by law.

Public Health

PHI may be disclosed to authorized public health agencies for activities permitted or required by law, including the prevention or control of disease, injury, or disability.

Public Safety

PHI may be disclosed when permitted by law to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public.

Research

PHI may be used or disclosed for research with appropriate authorization or through a legally permitted research approval or waiver process.

Workers' Compensation

PHI may be disclosed as authorized by applicable workers' compensation laws.

Organ and Tissue Donation

When applicable, PHI may be disclosed to organizations involved in organ, eye, or tissue donation as permitted by law.

Fundraising and Organizational Impact

The ALLICE Collective may use aggregate, de-identified information about counseling services to report organizational outcomes, demonstrate community impact, and support fundraising efforts. We do not disclose information that identifies individuals as counseling clients for these purposes without appropriate written authorization.

Fundraising communications are sent to individuals who have subscribed to our mailing list or supported our organization through donations. Recipients may unsubscribe from these communications at any time.

Verbal Permission

In circumstances permitted by law, your verbal permission may be sufficient to share relevant information with individuals directly involved in your care.

Substance Use Disorder Treatment Records

Certain substance use disorder treatment records are protected by additional federal confidentiality requirements under 42 CFR Part 2. If The ALLICE Collective receives or maintains records subject to these protections, we will use and disclose those records only as permitted by applicable law.

Substance use disorder treatment records protected by 42 CFR Part 2, including testimony describing their contents, generally cannot be used or disclosed in civil, criminal, administrative, or legislative proceedings against the individual without the required written consent or a qualifying court order issued after notice and an opportunity to be heard. A qualifying court order must also be accompanied by a subpoena or other legal requirement compelling disclosure.

Uses and Disclosures Requiring Written Authorization

Uses and disclosures of PHI not otherwise permitted or required by applicable law generally require your written authorization.

Written authorization is generally required for:

• Most uses and disclosures of separately maintained psychotherapy notes.
• Uses and disclosures of PHI for marketing purposes when authorization is required by HIPAA.
• Disclosures that constitute the sale of PHI.
• Other uses and disclosures requiring authorization under applicable law.

You may revoke a written authorization at any time by submitting a written request, except to the extent that we have already acted in reliance on it.

Information disclosed to a recipient may be redisclosed by that recipient and may no longer be protected by HIPAA. Other federal or state confidentiality protections may still apply.

Progress Notes and Psychotherapy Notes

Progress Notes

Progress notes are part of your clinical record and generally include information related to your symptoms, diagnosis, treatment, clinical assessments, interventions, functional status, prognosis, and treatment progress. Progress notes are maintained as part of your official health record and are generally subject to your right of access.

Psychotherapy Notes

Under 45 CFR §164.501, psychotherapy notes are notes recorded by a mental health professional that document or analyze the contents of conversations during individual, group, joint, or family counseling sessions and are maintained separately from the client's medical record.

Psychotherapy notes do not include medication prescription and monitoring, counseling session start and stop times, treatment modalities and frequencies, clinical test results, or summaries of diagnoses, functional status, treatment plans, symptoms, prognosis, or treatment progress.

Clients generally do not have a right to access separately maintained psychotherapy notes under the HIPAA Privacy Rule.

The ALLICE Collective generally requires written authorization before psychotherapy notes are used or disclosed, except as specifically permitted or required by law. Limited exceptions include use by the clinician who created the notes for treatment, certain legally permitted supervised training uses, defense in legal proceedings brought by the client, and other narrowly defined circumstances established by law.

Psychotherapy notes are not routinely shared among clinicians, interns, or supervisors as part of ordinary clinical record access.

Your Rights Regarding Your Protected Health Information

You have the following rights regarding PHI maintained by The ALLICE Collective.

Right of Access to Inspect and Copy

You have the right to inspect and obtain a copy of your protected health information (PHI) maintained in a designated record set, including your clinical and billing records. You may request an electronic copy when your records are maintained electronically or request that a copy be sent to another person, as permitted by law.

Access may be denied only under limited circumstances permitted by law, including requests for separately maintained psychotherapy notes or situations where a licensed health care professional determines that providing access is reasonably likely to endanger the life or physical safety of you or another person. When applicable, you have the right to request a review of a denial.

A reasonable, cost-based fee may apply to copies of your records.

Right to Amend

If you believe that your protected health information is incorrect or incomplete, you have the right to request an amendment. The ALLICE Collective is not required to agree to your request. If your request is denied, you have the right to submit a written statement of disagreement, and we may prepare a response. You will receive a copy of our response, if one is prepared.

Right to an Accounting of Disclosures

You have the right to request an accounting of certain disclosures of your protected health information. The first accounting within a 12-month period is provided at no charge. A reasonable, cost-based fee may apply to additional requests during that period. You will be informed of any fee in advance and given an opportunity to modify or withdraw your request.

Right to Request Restrictions

You have the right to request a restriction or limitation on the use or disclosure of your PHI for treatment, payment, or health care operations. The ALLICE Collective is not generally required to agree to your request. However, we must honor a request to restrict disclosure of PHI to a health plan for payment or health care operations when the information relates solely to a service paid for in full by you or someone other than the health plan on your behalf, unless disclosure is otherwise required by law.

Right to Request Confidential Communications

You have the right to request that we communicate with you about health matters using a particular method or at a particular location. We will accommodate reasonable requests. We may ask you to provide an alternative contact method or address but will not require an explanation for your request.

Breach Notification

The ALLICE Collective will notify you if a breach of your unsecured protected health information occurs and notification is required by law. The notice will explain what happened, what information was involved, and steps you can take to protect yourself.

Right to a Copy of This Notice

You have the right to receive a copy of this Notice of Privacy Practices upon request, including a paper copy if you received the notice electronically.

Personal Representatives

When permitted by applicable law, a legally authorized personal representative may exercise privacy rights on your behalf.

Our Responsibilities

The ALLICE Collective is required to maintain the privacy and security of protected health information, provide notice of its privacy practices, and comply with the terms of the notice currently in effect.

We must notify affected individuals when a breach of unsecured PHI triggers applicable notification requirements.

We will not use or disclose your information for purposes requiring authorization without obtaining the appropriate written authorization.

Changes to This Notice

The ALLICE Collective reserves the right to revise this Notice of Privacy Practices. Any revised notice will apply to all protected health information we maintain, including information obtained before the revision. The current notice will be available on our website, and a paper copy may be requested at any time.

Complaints

If you believe your privacy rights have been violated, you may file a complaint with The ALLICE Collective at PO Box 820423, Houston, TX 77282, or with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR).

Complaints to OCR may be submitted online at the HHS Office for Civil Rights complaint website or by calling 1-800-368-1019.

The ALLICE Collective will not retaliate against you for filing a complaint.

Privacy Contact

For questions about this notice, to exercise your privacy rights, or to submit a privacy-related complaint, contact: