Notice of Privacy Practices

Let's Thrive PLLC

Provider: Holly Ward, LPC    

Texas License No.: 87323

THIS NOTICE DESCRIBES HOW MEDICAL AND MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Let's Thrive PLLC is required by federal law, including the Health Insurance Portability and Accountability Act (HIPAA), and applicable Texas law to maintain the privacy and security of your Protected Health Information (PHI).

PHI includes individually identifiable information relating to your physical or mental health, the health care you receive, or payment for health care services. Let's Thrive PLLC is required to provide you with this Notice of Privacy Practices and to follow the privacy practices described in the notice currently in effect.

1. Uses and Disclosures for Treatment, Payment, and Health Care Operations

Let's Thrive PLLC may use or disclose your PHI without your written authorization for purposes permitted by law, including:

●       Treatment and Care Coordination: We may use and disclose your PHI to provide, coordinate, or manage your mental health care. This may include communicating with other health care providers involved in your care when permitted by law and appropriate for your treatment.

●       Payment: We may use and disclose your PHI to verify eligibility and benefits, process claims, obtain payment, or determine or fulfill our responsibilities under your health insurance or other coverage. This may include disclosures to insurance companies, employee assistance programs (EAPs), and other entities involved in payment for your care.

●       Health Care Operations: We may use and disclose your PHI as permitted by law for activities necessary to operate and manage the practice. This may include quality improvement, reviewing clinical performance, business planning, credentialing, compliance activities, and responding to client complaints or grievances.

2. Uses and Disclosures Permitted or Required by Law

We may use or disclose your PHI without your written authorization when permitted or required by applicable federal or Texas law. Examples include:

●       As Required by Law: We may disclose PHI when required to do so by federal, state, or local law.

●       Abuse, Neglect, and Exploitation: As a mandated reporter under Texas law, the Provider may be required to report suspected abuse, neglect, or exploitation of a child, an older adult, or a person with a disability to the appropriate authorities.

●       Public Health Activities: We may disclose PHI for certain public health activities as permitted or required by law.

●       Judicial and Administrative Proceedings: We may use or disclose PHI in response to legally sufficient court orders, subpoenas, discovery requests, or other lawful legal process, as permitted or required by applicable law.

●       Law Enforcement: We may disclose PHI to law enforcement when permitted or required by law, including in response to certain legal process or in limited circumstances involving identification, emergencies, or suspected criminal activity.

●       Serious Threats to Health or Safety: We may use or disclose PHI when permitted by law to prevent or lessen a serious and imminent threat to the health or safety of you, another person, or the public.

●       Specialized Government Functions: We may disclose PHI for certain specialized government functions, including authorized military, national security, or intelligence activities, when permitted or required by law.

●       Workers' Compensation: We may disclose PHI as permitted by laws governing workers' compensation programs.

●       Coroners and Medical Examiners: We may disclose PHI to a coroner or medical examiner as permitted by law, including for purposes of identifying a deceased person or determining a cause of death.

●       Individuals Involved in Your Care: We may disclose limited PHI to a family member, relative, close friend, or other person you identify who is involved in your care or payment for your care, when permitted by law. We will generally provide you with an opportunity to object when appropriate. In an emergency or when you are unavailable, we may use professional judgment to determine whether a disclosure is in your best interest.

●       Appointment Reminders and Health-Related Communications: We may use or disclose PHI to contact you about appointments, appointment reminders, treatment-related communications, or information about treatment alternatives or other health-related services, as permitted by law.

●       Incidental Disclosures: Certain incidental disclosures may occur as a byproduct of an otherwise permitted use or disclosure. We will use reasonable safeguards to limit such disclosures.

3. Additional Protections for Mental Health and Certain Other Records

Texas law provides additional confidentiality protections for mental health records and communications. The Provider will comply with applicable Texas laws governing the confidentiality, use, disclosure, and access to mental health records, including Texas Health and Safety Code Chapters 181 and 611.

Psychotherapy notes are treated differently from the rest of your clinical record under HIPAA. Psychotherapy notes are notes maintained separately from the medical record that document or analyze the contents of a counseling session. They receive special federal protections and are generally not included in the information to which you have a right of access under HIPAA.

Certain records related to substance use disorder treatment may also be subject to additional federal confidentiality protections under 42 CFR Part 2. When Part 2 applies, Let's Thrive PLLC will comply with the additional requirements governing the use and disclosure of those records.

4. Uses and Disclosures Requiring Your Written Authorization

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

Your written authorization is generally required for:

●       Most uses or disclosures of psychotherapy notes;

●       Uses or disclosures of PHI for marketing purposes; and

●       Any disclosure that constitutes a sale of your PHI, except as otherwise permitted by law.

When an authorization is required and you provide one, you may revoke that authorization in writing at any time. Revocation will not affect actions already taken in reliance on the authorization before it was revoked.

A Notice of Privacy Practices does not replace a written authorization when an authorization is required by law.

5. Your Rights Regarding Your Health Information

You have the following rights regarding your PHI, subject to applicable law:

Right to Access Your Health Information

You have the right to inspect and obtain a copy of your PHI, subject to limited exceptions provided by law. This may include electronic or paper copies of your clinical and billing records.

Certain information, including psychotherapy notes maintained separately from the medical record, is subject to special access rules.

You may request access to your records by submitting a written request to the Provider — by email, by mail, or through the client portal, using the contact information in Section 7 below. We may charge a reasonable, cost-based fee when permitted by law.

Right to Request an Amendment

You have the right to request that information in your records be corrected or amended if you believe it is inaccurate or incomplete.

We are not required to agree to a requested amendment. If your request is denied, we will provide you with a written explanation and information about your right to submit a statement of disagreement, as permitted by law.

Right to an Accounting of Disclosures

You have the right to request an accounting of certain disclosures of your PHI made during the six years preceding your request.

The accounting generally does not include disclosures made for treatment, payment, or health care operations, disclosures made with your authorization, or certain other disclosures excluded by law.

The first accounting request in a 12-month period is generally provided at no charge. We may charge a reasonable, cost-based fee for additional requests within the same 12-month period, as permitted by law.

Right to Request Restrictions

You have the right to request restrictions on how we use or disclose your PHI for treatment, payment, or health care operations. We are not required to agree to most restriction requests.

If you pay for a health care item or service entirely out of pocket and in full, you may request that we not disclose information about that service to your health plan for payment or health care operations purposes, and we will generally agree unless disclosure is required by law.

Right to Request Confidential Communications

You have the right to request that we communicate with you about your health information in a particular way or at a particular location, such as by calling a specific telephone number or sending correspondence to a particular address.

We will accommodate reasonable requests.

Right to Receive Notice of a Breach

You have the right to receive notice when a breach of your unsecured PHI occurs if notification is required by applicable law.

Right to Receive a Copy of This Notice

You have the right to request a paper copy of this Notice of Privacy Practices at any time, even if you have agreed to receive it electronically.

Right to Choose a Personal Representative

If you have a legally authorized personal representative, such as a person with a valid health care power of attorney or legal guardianship, that person may exercise certain rights on your behalf as permitted by law. We may be required to verify the person's authority before acting on their behalf.

6. Our Responsibilities

Let's Thrive PLLC is required by law to:

●       Maintain the privacy and security of your PHI;

●       Provide you with this Notice of Privacy Practices describing our legal duties and privacy practices;

●       Follow the terms of the Notice currently in effect;

●       Notify you as required by law if a breach occurs that compromises the privacy or security of your unsecured PHI; and

●       Not use or disclose your PHI other than as described in this Notice or as otherwise permitted or required by law, unless you provide written authorization when authorization is required.

We reserve the right to change our privacy practices and this Notice. If we make a material change, the revised Notice will be made available as required by law and will apply to PHI maintained by the practice as permitted by applicable law.

7. Complaints and Questions

If you believe your privacy rights have been violated, you may file a complaint with Let's Thrive PLLC without fear of retaliation.

Privacy Contact:

Holly Ward, LPC | Let's Thrive PLLC | 281-298-0198 | holly@letsthrive.life

You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR). You may contact OCR at:

U.S. Department of Health and Human Services Office for Civil Rights 200 Independence Avenue, S.W. Washington, D.C. 20201 Phone: 1-877-696-6775 Website: https://www.hhs.gov/ocr/privacy/hipaa/complaints/

You may also contact the Texas Behavioral Health Executive Council regarding concerns related to the professional conduct or practice of a Texas Licensed Professional Counselor:

Texas Behavioral Health Executive Council (BHEC) George H.W. Bush State Office Building 1801 Congress Avenue, Suite 7.300 Austin, Texas 78701 Complaint Hotline: 1-800-821-3205

We will not retaliate against you for filing a complaint.

8. Texas Consumer Rights Notice (Health and Safety Code § 181.105)

In accordance with Texas Health and Safety Code § 181.105, you are entitled to the following information, which is also posted on the Let's Thrive PLLC website:

●       Request Your Health Care Records: You may request access to or copies of your health care records at any time using the methods described in Section 5 above (email, mail, or client portal).

●       Contact Our Licensing Authority: Holly Ward, LPC is licensed and regulated by the Texas Behavioral Health Executive Council (BHEC), whose contact information is provided in Section 7 above.

●       File a Consumer Complaint: You may file a complaint regarding your health information, privacy rights, or the Provider's professional conduct using the BHEC or OCR contact information provided in Section 7 above.

9. Availability of This Notice

A current copy of this Notice of Privacy Practices will be available to you upon request.

If you have questions about this Notice or our privacy practices, please contact the Provider using the contact information above.