Notice of Privacy Practices
Your Information. Your Rights. My Responsibility.
This notice describes how personal health information (PHI) about you may be used and disclosed and how you can get access to this information.
Please review it carefully.
Your Rights
You have the right to:
Get a copy of your paper or electronic health record
Correct your paper or electronic health record
Request confidential communication
Ask me to limit the information I share
Get a list of those with whom I’ve shared your information
Get a copy of this privacy notice
Choose someone to act for you
File a complaint if you believe your privacy rights have been violated
Your Choices
You have some choices in the way that I use and share information as I:
Collaborate and consult with other professionals on your behalf
Tell family and friends about your condition
Provide you mental health care
Provide disaster relief or emergency mental health treatment
Our Uses and Disclosures
I may use and share your information as I:
Treat you
Run my practice
Coordinate treatment and comply with health plan requirements
Bill for your services and/or collect overdue payments
Comply with mandatory reporting laws
Respond to lawsuits and legal actions
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of my responsibilities to help you.
Get an electronic or paper copy of your health record
You can ask to see or get an electronic or paper copy of your health record and other health information I have about you. Ask me how to do this.
I will provide a copy or a summary of your health information, usually within 14 days of your request. I may charge a reasonable, cost-based fee.
Ask me to correct your health record
You can ask me to correct health information about you that you think is incorrect or incomplete. Ask me how to do this.
I may say “no” to your request, but will tell you why in writing within 60 days.
Request confidential communications
You can ask me to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
I will say “yes” to all reasonable requests.
Ask me to limit what I use or share
You can ask me not to use or share certain health information for treatment, payment, or business operations. I am not required to agree to your request, and may say “no” if it would negatively affect your care or my ability to practice.
If you pay for a service out-of-pocket in full, you can ask me not to share that information for the purpose of payment or business operations with your health insurer. I will say “yes” unless a law requires me to share that information.
Get a list of those with whom I’ve shared information
You can ask for a list (accounting) of the times I’ve shared your health information for six years prior to the date you ask, who I shared it with, and why.
I will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked me to make). I’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. I will provide you with a paper copy promptly.
Choose someone to act for you
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
I will make sure the person has this authority and can act for you before I take any action.
File a complaint if you feel your rights are violated
You can complain if you feel I have violated your rights by contacting me using the information on my website or the intake paperwork.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
I will not retaliate against you for filing a complaint.
Your Choices
For certain health information, you can tell me your choices about what I share. If you have a clear preference for how I share your information in the situations described below, talk to me. Tell me what you want me to do, and I will follow your instructions.
In these cases, you have both the right and choice to tell me to:
Share information with your family, close friends, or others involved in your care
Share information in a disaster relief or emergency situation
If you are not able to tell me your preference, for example, if you are unconscious, I may go ahead and share your information if I believe it is in your best interest.
In these cases, I never share your information unless you give me written permission:
Requests from family, friends, or others
Requests for copies of your records (unless accompanied by a subpoena)
Most sharing of psychotherapy notes
Our Uses and Disclosures
How do I typically use or share your health information?
I typically use or share your health information in the following ways.
Treat you
Although it is not my practice to do so without first informing you, I can use your health information and share it with other professionals for consultation.
Example: I may consult with another therapist about whether or not a particular treatment may be helpful, considering your diagnosis and history.
Although it is not my practice to do so without first informing you, I can use your health information and share it with other healthcare professionals who are treating you.
Example: I may ask your psychiatrist or primary care doctor about your overall health condition.
Run my business
I can use and share your health information to run my practice, improve your care, and contact you when necessary.
Example: I use health information about you to manage your treatment outcomes and monitor trends within my practice.
Example: I use health information about you to justify services in the event of an audit.
Bill for your services
I can use and share your health information to bill and get payment from health plans or other entities.
Example: I give information about you, such as a diagnosis, to your health insurance plan so it will pay for your services.
Although it is not my practice to do so without first informing you:
Example: I can give information about you, such as your address, to a collection agency if you acquire an outstanding balance.
How else can I use or share your health information?
I am allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as mandatory reporting for potential child abuse. I have to meet many conditions in the law before I can share your information for these purposes. For more information please reference the Consent for Services document.
Help with public health and safety issues
I can share health information about you for certain situations such as:
Reporting suspected child abuse or neglect
Preventing or reducing a serious threat to an identified person’s health or safety
Comply with the law
I will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that I am complying with federal privacy law.
Respond to lawsuits and legal actions
Although it is not my practice to do so without first discussing the situation with you, I can share health information about you in response to a subpoena or if required to do so by a judge.
My Responsibilities
I am required by law to maintain the privacy and security of your protected health information.
I will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
I must follow the duties and privacy practices described in this notice and give you a copy of it.
I will not use or share your information other than as described here unless you tell me I can in writing. If you tell me so, you may change your mind at any time. Let me know in writing if you change your mind.
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html
Changes to the Terms of this Notice
I can change the terms of this notice, and the changes will apply to all information I have about you. The new notice will be available upon request, in my office, and on my website.
This notice was last updated on 3/21/2024.
Privacy Officer Contact
If you have any questions or concerns about this notice or about your privacy while receiving services, please contact me, the Privacy Officer:
Luke Morrissey
Privacy Officer
Luke@newrootscounseling.co
(803) 325-2255
Communication & Social Media Privacy Policies
INTRODUCTION
Healthy client/counselor boundaries and confidential communication are key to ethical therapeutic practice and positive client outcomes. This policy governs the use of Social media and electronic communication and the many tools that have become a part of modern life. It is crucial for clients and parents to understand best practices in protecting their privacy when choosing to use social media or electronic communication and online tools in conjunction with their care.
Our Social Media Policy
For the purposes of this policy, social media means any facility for online publication and commentary, including without limitation blogs, public directories, review sites, and social networking sites such as LinkedIn, Pinterest, Instagram, FaceBook, and YouTube.
Comments on Social Networking Sites
New Roots Counseling and Luke Morrissey will only respond to comments on social networking sites, articles, professional blogs, and or podcast interviews if there is not a pre-existing counseling relationship, in accordance with the ethical guidelines of the American Counseling Association (ACA).
Section A.5.e. of the (ACA) code of ethics states that Professionally Licensed “Counselors are prohibited from engaging in a personal virtual relationship with individuals with whom they have a current counseling relationship (e.g., through social and other media).”
Clients and family members are welcome to view or read interesting articles and blogs that are published on New Roots Counseling’s business Facebook Page, Instagram, or similar social media platforms and to use these pages to stay informed about upcoming events or information.
It is not, however, recommended to comment on articles, blogs posts, guest articles, podcasts, or public directories of New Roots Counseling or Luke Morrissey if you are a current or former client or family member as your comments could identify you as a client and compromise your confidentiality online. Therefore, in order to maintain client confidentiality, safety, and ethical boundaries, New Roots Counseling and Luke Morrissey reserve the right to block, reject, or deny comments that could blur the lines of the therapeutic relationship or create a dual relationship.
Your Privacy and Rights on Social Media
Please be aware that if you like, follow, or share our business social media pages (i.e. Facebook, Instagram, LinkedIn, or Pinterest), you will show up on a list of friends or followers, and your friends and followers may see what you like, follow or share. This can compromise your privacy and your confidentiality. However, with this knowledge of the above-mentioned risks to your privacy, you do have the right to “like” or follow New Roots Counseling business pages from our website or your Facebook or Instagram pages and/or to share anything that you wish to share online. We recommend you use the same discretion online that you would normally use when sharing information about therapy sessions in personal conversations with friends, family, or the general public. New Roots Counseling and Luke Morrissey will not friend, like, or follow you in return on social media platforms as our obligation is to follow ethical practices and protect your privacy. New Roots Counseling also provides clients with encrypted and private ways to connect and communicate with our practice which will eliminate you having a public link or connection to our social media content.
Public Friend & Contact Requests
Due to the importance of your confidentiality and the importance of minimizing the risks of establishing a personal virtual relationships, New Roots Counseling and Luke Morrissey, will not follow, like, or accept friend or contact requests of/from current or former clients and families on any social networking site (Facebook, Instagram, LinkedIn, etc). Honoring such requests may blur the boundaries of the therapeutic relationship and create a personal virtual relationship. Current and former clients and their families are subject to this policy to the extent they identify themselves as clients of New Roots Counseling or Luke Morrissey, LPC.
Consumer Review Sites
New Roots Counseling and its counselors do not solicit or request testimonials or consumer reviews. You may find our practice on sites such as Yelp, Healthgrades, Google, Bing, or other places which list businesses. Some of these sites include forums in which users rate their providers and add reviews. Many of these sites comb search engines for business listings and automatically add listings regardless of whether the business has added itself to the site. If you should find our listing on any of these sites, please know that our listing is NOT a request for a testimonial, rating, or endorsement from you.
Leaving a Review or Rating
Leaving a review or rating may compromise your confidentiality. Of course, you have a right to express yourself on any site you wish. But due to confidentiality, we cannot respond to any review on any of these sites whether it is positive or negative. We urge you to take your own privacy as seriously as we take our commitment of confidentiality to you. You should also be aware that if you are using these sites to communicate indirectly with us about your feelings about our work, there is a good possibility that we may never see it. If you have praise, suggestions, concerns, or complaints about the services you have received, please speak with us directly.
Testimonials
Confidentiality means that we cannot tell people that you are a patient at New Roots Counseling and our Ethics Code prohibits us from requesting testimonials. However, you are more than welcome to tell anyone you wish that you are a patient here or how you feel about the treatment provided to you and your family.
Email & Text Messaging
New Roots Counseling cannot ensure the confidentiality of any form of communication through unencrypted email and text messages. Email providers like Gmail are not always secure or confidential. Your emails are retained in the logs of your Internet Service Provider. While it is unlikely that someone will be looking at these logs, they are, in theory, available to be read by the system administrator(s) of the ISP.
Encrypted and Unencrypted Communication
You can leave messages for your counselor using the secure forms on our website and our encrypted email portal which will better ensure your confidentiality. If you prefer to communicate via unencrypted email or text messages for issues regarding scheduling, cancellations, or to ask a general question you will be asked to sign a form authorizing the use of unencrypted communications. While your counselor will try to return messages in a timely manner, we cannot guarantee an immediate response. We request that you do not use unencrypted email or text messages to discuss therapeutic content and/or request assistance for emergencies. Therapeutic disclosures also create the possibility that these exchanges become a part of your legal medical record and will need to be documented and archived in your medical chart.
After Business Hours Communication and Emergencies
You are welcome to contact our office during regular business hours for follow-up care and nonemergency assistance. You can also send non-urgent messages to your counselor using our secure email portal. However, we can not insure someone will be available to respond to urgent requests after normal business hours. If you ever need emergency assistance please call 911.
Cell Phone Location Services
Many people use location-based services on their smartphone or tablets to enable friends and acquaintances to follow their itinerary via their mobile phones. Please be aware that use of location-based service on your smartphone may inform friends and acquaintances that you are visiting a therapist, thus compromising your privacy and confidentiality. If you have GPS tracking enabled on your device, it is possible that others may surmise that you are a counseling patient due to regular check-ins at our office on a weekly basis. Please be aware of this risk if you are intentionally “checking in” from our office or if you have a passive GPS app enabled on your phone, tablet, or laptop.
Use of Search Engines
New Roots Counseling and staff will not conduct electronic searches on Google, Facebook or any other search engine about clients unless there is a genuine emergency where information obtained electronically might protect a client from harm. Our reasoning is that casual viewing of a patient's online content outside of the therapy can create confusion in regards to whether it’s being done as part of your treatment or to satisfy personal curiosity. In addition, viewing your online activities without your consent and without our explicit arrangement toward a specific purpose could potentially have a negative influence on our counseling relationship. If there are things online that you wish to share with us, please bring them into our sessions where we can view and explore them together in a therapeutic context.
If we have reasons to suspect that you are in danger and you have not been in touch with us through approved means (coming to appointments, phone calls) there might be an instance in which using a search engine (to find you, find someone close to you, or check on your recent status updates) becomes necessary as part of ensuring your welfare. These are unusual situations and if we ever resort to such means, we will fully document it and discuss it with you when we next meet.
Conclusion
If you have questions or concerns about any of these policies and procedures or regarding any potential interactions on the Internet or social media, do bring them to our attention so that we can discuss them. As new technology develops and the Internet changes, there may be times when we need to update this policy. If we do so, we will notify you in writing of any policy changes and make sure you have a copy of our updated policy.
Please download the Client Consent & Disclosure document below to sign the ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF PRIVACY PRACTICES and/or to revoke future use of unencrypted communication.