Mindful Tide Counseling PLLC

1. Our Legal Duty & Commitment to Your Privacy

Mindful Tide Counseling PLLC is required by federal law (including the Health Insurance Portability and Accountability Act - HIPAA) and applicable state laws to maintain the privacy of your Protected Health Information (PHI). PHI includes individually identifiable information regarding your physical or mental health, session notes, billing details, and personal contact info.

We are legally required to abide by the terms of this Notice of Privacy Practices, provide you with this disclosure, and notify you following any breach of unsecured PHI.

2. Permitted Uses & Disclosures (Treatment, Payment, & Operations)

Under HIPAA, we may use or disclose your PHI without your explicit written authorization for the following primary purposes:

• Treatment: Providing, coordinating, or managing your telemental health counseling. (e.g., maintaining clinical case notes or consulting with a clinical supervisor under strict confidentiality).
• Payment: Processing fee transactions, issuing superbills or invoices, and collecting payment for rendered services.
• Health Care Operations: Administrative tasks required to maintain high standards of practice compliance, peer consultation, quality assessment, and legal auditing.

3. Uses & Disclosures Requiring Your Explicit Authorization

For disclosures outside of Treatment, Payment, or Operations—such as sending clinical records to a medical doctor, employer, attorney, or family member—we must obtain your prior written authorization. You may revoke any written authorization at any time in writing.

4. Mandatory & Legal Exceptions to Confidentiality

Federal and state statutes mandate or allow disclosure of PHI without your authorization under specific, limited circumstances:

• Imminent Danger / Serious Harm: If there is reason to believe you present a severe, imminent danger to yourself or others, or to prevent a serious threats to public safety.
• Abuse Reporting: Mandatory statutory reporting of suspected child abuse/neglect, or elder/vulnerable adult abuse.
• Court Orders: Valid judicial court orders or subpoenas issued by a judge.
• Health Oversight & Legal Compliance: Required regulatory audits or investigation by licensing boards or law enforcement as compelled by state or federal law.

5. State Law Supremacy Provision

Mindful Tide Counseling PLLC provides telemental health services across Arizona, Indiana, Minnesota, and Ohio. Privacy laws in these jurisdictions may occasionally afford greater protection than federal HIPAA guidelines (e.g., Minnesota Health Records Act consent standards). Where state privacy laws offer stricter protections or expanded client rights compared to HIPAA, the more stringent state statute applies.

6. Your Individual Privacy Rights

You possess the following statutory rights regarding your Protected Health Information:

• Right to Inspect & Copy Records: You have the right to inspect and obtain electronic or physical copies of your clinical records.
• Right to Request Confidential Communications: You may request to be contacted via specific safe channels (e.g., designated safe email address or cell phone).
• Right to Request Record Amendments: You may request written corrections or amendments to records you believe are inaccurate or incomplete.
• Right to Request Restrictions: You have the right to request restrictions on certain uses and disclosures of your PHI (though we are not always legally bound to accept every restriction).
• Right to an Accounting of Disclosures: You may request a record listing instances where your PHI was disclosed for reasons other than routine treatment, payment, or operations.
• Right to a Paper/Digital Copy: You may request a copy of this Notice at any time.

7. Privacy Contact Person & Complaint Process

If you believe your privacy rights have been violated, or if you have questions regarding this notice, please contact our Privacy Officer immediately. You will not face retaliation for filing a privacy complaint.

You may also file a formal privacy complaint directly with the federal government:
U.S. Department of Health and Human Services (HHS)
Office for Civil Rights (OCR) — 200 Independence Avenue, S.W., Washington, D.C. 20201