Benita A. Esposito, MA, LPC, LCMHC
The Esposito Institute, Inc.
Mailing address: PO Box 1074, Young Harris, GA 30582
168 Rogers Street, Suite 206 Blairsville, Georgia 30512
5885 Glenridge Drive, Suite 130, Atlanta, Georgia 30328
Health Insurance Portability and Accountability Act (HIPAA)
NOTICE OF PRIVACY PRACTICES – Effective 4/14/2003
I. COMMITMENT TO YOUR PRIVACY:
Benita A. Esposito, MA, LPC is dedicated to maintaining the privacy of your protected health information (PHI). PHI is information that may identify you and that relates to your past, present or future physical or mental health condition and related health care services. This Notice of Privacy Practices (“Notice”) is required by law to provide you with the legal duties and the privacy practices that Benita Esposito maintains concerning your PHI. It also describes how medical and mental health information may be used and disclosed, as well as your rights regarding your PHI. Please read carefully and discuss any questions or concerns with your therapist.
II. LEGAL DUTY TO SAFEGUARD YOUR PHI: By federal and state law, Benita Esposito is required to ensure that your PHI is kept private. This Notice explains when, why, and how Benita Esposito would use and/or disclose your PHI. Use of PHI means when Benita Esposito shares, applies, utilizes, examines, or analyzes information within its practice; PHI is disclosed when Benita Esposito releases, transfers, gives, or otherwise reveals it to a third party outside of the Institute. With some exceptions, Benita Esposito may not use or disclose more of your PHI than is necessary to accomplish the purpose for which the use or disclosure is made; however, Benita Esposito is always legally required to follow the privacy practices described in this Notice.
III. CHANGES TO THIS NOTICE: The terms of this notice apply to all records containing your PHI that are created or retained by Benita Esposito. Please note that Benita Esposito reserves the right to revise or amend this Notice of Privacy Practices. Any revision or amendment will be effective for all of your records that Benita Esposito has created or maintained in the past and for any of your records that Benita Esposito may create or maintain in the future. Benita Esposito will have a copy of the current Notice in the office in a visible location at all times, and you may request a copy of the most current Notice at any time. The date of the latest revision will always be listed at the end of Benita Esposito’s Notice of Privacy Practices.
IV. HOW YOUR NAME MAY USE AND DISCLOSE YOUR PHI: Benita Esposito will not use or disclose your PHI without your written authorization, except as described in this Notice or as described in the “Information, Authorization and Consent to Treatment” document. Below you will find the different categories of possible uses and disclosures with some examples.
1. For Treatment: Benita Esposito may disclose your PHI to physicians, psychiatrists, psychologists, and other licensed health care providers who provide you with health care services or are otherwise involved in your care. Example: If you are also seeing a psychiatrist for medication management, Benita Esposito may disclose your PHI to her/him in order to coordinate your care. Except for in an emergency, Benita Esposito will always ask for your authorization in writing prior to any such consultation.
2. For Health Care Operations: Benita Esposito may disclose your PHI to facilitate the efficient and correct operation of its practice. Example: Quality control – Benita Esposito may provide your PHI to its office personnel, accountants, practice consultants, attorneys and others to make sure that Benita Esposito is in compliance with applicable practices and laws. It is Benita Esposito’s practice to conceal all client names in such an event and maintain confidentiality. However, there is still a possibility that your PHI may audited for such purposes.
3. To Obtain Payment for Treatment: Benita Esposito may use and disclose your PHI to bill and collect payment for the treatment and services Benita Esposito provided you. Example: Benita Esposito might send your PHI to your insurance company or managed health care plan, in order to get payment for the health care services that have been provided to you. Benita Esposito could also provide your PHI to billing companies, claims processing companies, and others that process health care claims for Benita Esposito’s office if either you or your insurance carrier are not able to stay current with your account.
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In this latter instance, Benita Esposito will always do her best to reconcile this with you first prior to involving any outside agency.
4. Employees and Business Associates: There may be instances where services are provided to Benita Esposito by an employee or through contracts with third-party “business associates.” Whenever an employee or business associate arrangement involves the use or disclosure of your PHI, Benita Esposito will have a written contract that requires the employee or business associate to maintain the same high standards of safeguarding your privacy that is required of Benita Esposito.
Note: Georgia and Federal law provides additional protection for certain types of health information, including alcohol or drug abuse, mental health and AIDS/HIV, and may limit whether and how Benita Esposito may disclose information about you to others.
V. USE AND DISCLOSURE OF YOUR PHI IN CERTAIN SPECIAL CIRCUMSTANCES – Benita Esposito may use and/or disclose your PHI without your consent or authorization for the following reasons:
1. Law Enforcement: Subject to certain conditions, Benita Esposito may disclose your PHI when required by federal, state, or local law; judicial, board, or administrative proceedings; or, law enforcement. Example: Benita Esposito may make a disclosure to the appropriate officials when a law requires her to report information to government agencies, law enforcement personnel and/or in an administrative proceeding.
2. Lawsuits and Disputes: Benita Esposito may disclose information about you to respond to a court or administrative order or a search warrant. Benita Esposito may also disclose information if an arbitrator or arbitration panel compels disclosure, when arbitration is lawfully requested by either party, pursuant to subpoena duces tectum (e.g., a subpoena for mental health records) or any other provision authorizing disclosure in a proceeding before an arbitrator or arbitration panel. Benita Esposito will only do this if efforts have been made to tell you about the request and you have been provided an opportunity to object or to obtain an appropriate court order protecting the information requested.
3. Public Health Risks: Benita Esposito may disclose your PHI to public health or legal authorities charged with preventing or controlling disease, injury, disability, to report births and deaths, and to notify persons who may have been exposed to a disease or at risk for getting or spreading a disease or condition.
4. Food and Drug Administration (FDA): Benita Esposito may disclose to the FDA, or persons under the jurisdiction of the FDA, PHI relative to adverse events with respect to drugs, foods, supplements, products and product defects, or post marketing surveillance information to enable product recalls, repairs, or replacement.
5. Serious Threat to Health or Safety: Benita Esposito may disclose your PHI if you are in such mental or emotional condition as to be dangerous to yourself or the person or property of others, and if Benita Esposito determines in good faith that disclosure is necessary to prevent the threatened danger. Under these circumstances, Benita Esposito may provide PHI to law enforcement personnel or other persons able to prevent or mitigate such a serious threat to the health or safety of a person or the public.
6. Minors: If you are a minor (under 18 years of age), Benita Esposito may be compelled to release certain types of information to your parents or guardian in accordance with applicable law.
7. Abuse and Neglect: Benita Esposito may disclose PHI if mandated by Georgia child, elder, or dependent adult abuse and neglect reporting laws. Example: If Benita Esposito has a reasonable suspicion of child abuse or neglect, Benita Esposito will report this to the Georgia Department of Child and Family Services.
8. Coroners, Medical Examiners, and Funeral Directors: Benita Esposito may release PHI about you to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person, determine the cause of death or other duties as authorized by law. Benita Esposito may also disclose PHI to funeral directors, consistent with applicable law, to carry out their duties.
9. Communications with Family, Friends, or Others: Benita Esposito may release your PHI to the person you named in your Durable Power of Attorney for Health Care (if you have one), to a friend or family member who is your personal representative (i.e., empowered under state or other law to make health-related decisions for you), or any other person you identify, relevant to that person’s involvement in your care or payment related to your care. In addition, Benita Esposito may disclose your PHI to an entity assisting in disaster relief efforts so that your family can be notified about your condition.
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10. Military and Veterans: If you are a member of the armed forces, Benita Esposito may release PHI about you as required by military command authorities. Benita Esposito may also release PHI about foreign military personnel to the appropriate military authority.
11. National Security, Protective Services for the President, and Intelligence Activities: Benita Esposito may release PHI about you to authorized federal officials so they may provide protection to the President, other authorized persons, or foreign heads of state, to conduct special investigations for intelligence, counterintelligence, and other national activities authorized by law.
12. Correctional Institutions: If you are or become an inmate of a correctional institution, Benita Esposito may disclose PHI to the institution or its agents when necessary for your health or the health and safety of others
13. For Research Purposes: In certain limited circumstances, Benita Esposito may use information you have provided for medical/psychological research, but only with your written authorization. The only circumstance where written authorization would not be required would be if the information you have provided could be completely disguised in such a manner that you could not be identified, directly or through any identifiers linked to you. The research would also need to be approved by an institutional review board that has examined the research proposal and ascertained that the established protocols have been met to ensure the privacy of your information.
14. For Workers’ Compensation Purposes:
Benita Esposito may provide PHI in order to comply with Workers’ Compensation or similar programs established by law.
15. Appointment Reminders: Benita Esposito is permitted to contact you, without your prior authorization, to provide appointment reminders or information about alternative or other health-related benefits and services that you may need or that may be of interest to you.
16. Health Oversight Activities: Benita Esposito may disclose health information to a health oversight agency for activities such as audits, investigations, inspections, or licensure of facilities. These activities are necessary for the government to monitor the health care system, government programs and compliance with laws. Example: When compelled by U.S. Secretary of Health and Human Services to investigate or assess Benita Esposito’s compliance with HIPAA regulations.
17. If Disclosure is Otherwise Specifically Required by Law.
VI. Other Uses and Disclosures Require Your Prior Written Authorization: In any other situation not covered by this notice, Benita Esposito will ask for your written authorization before using or disclosing medical information about you. If you chose to authorize use or disclosure, you can later revoke that authorization by notifying Benita Esposito in writing of your decision. You understand that Benita Esposito is unable to take back any disclosures it has already made with your permission, Benita Esposito will continue to comply with laws that require certain disclosures, and Benita Esposito is required to retain records of the care that its therapists have provided to you.
VII. RIGHTS YOU HAVE REGARDING YOUR PHI:
1. The Right to See and Get Copies of Your PHI: In general, you have the right to see your PHI that is in Benita Esposito’s possession, or to get copies of it; however, you must request it in writing. If Benita Esposito does not have your PHI, but knows who does, you will be advised how you can get it. You will receive a response from Benita Esposito within 30 days of receiving your written request. Under certain circumstances, Benita Esposito may feel it must deny your request, but if it does, Benita Esposito will give you, in writing, the reasons for the denial. Benita Esposito will also explain your right to have its denial reviewed. If you ask for copies of your PHI, you will be charged not more than $.25 per page and the fees associated with supplies and postage. Benita Esposito may see fit to provide you with a summary or explanation of the PHI, but only if you agree to it, as well as to the cost, in advance.
2. The Right to Request Limits on Uses and Disclosures of Your PHI: You have the right to ask that Benita Esposito limit how it uses and discloses your PHI. While Benita Esposito will consider your request, it is not legally bound to agree. If Benita Esposito does agree to your request, it will put those limits in writing and abide by them except in emergency situations. You do not have the right to limit the uses and disclosures that Benita Esposito is legally required or permitted to make.
3. The Right to Choose How Benita Esposito Sends Your PHI to You: It is your right to ask that your PHI be sent to you at an alternate address (for example, sending information to your work address rather than your home address) or by an alternate method (for example, via email instead of by regular mail). Benita Esposito is obliged to agree to your request providing that it can give you the PHI, in the format you requested, without undue inconvenience.
4. The Right to Get a List of the Disclosures. You are entitled to a list of disclosures of your PHI that Benita Esposito has made. The list will not include uses or disclosures to which you have specifically
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authorized (i.e., those for treatment, payment, or health care operations, sent directly to you, or to your family; neither will the list include disclosures made for national security purposes, or to corrections or law enforcement personnel. The request must be in writing and state the time period desired for the accounting, which must be less than a 6-year period and starting after April 14, 2003.
Benita Esposito will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list will include the date of the disclosure, the recipient of the disclosure (including address, if known), a description of the information disclosed, and the reason for the disclosure. Benita Esposito will provide the list to you at no cost, unless you make more than one request in the same year, in which case it will charge you a reasonable sum based on a set fee for each additional request.
5. The Right to Amend Your PHI: If you believe that there is some error in your PHI or that important information has been omitted, it is your right to request that Benita Esposito correct the existing information or add the missing information. Your request and the reason for the request must be made in writing. You will receive a response within 60 days of Benita Esposito’s receipt of your request. Benita Esposito may deny your request, in writing, if it finds that the PHI is: (a) correct and complete, (b) forbidden to be disclosed, (c) not part of its records, or (d) written by someone other than Benita Esposito denial must be in writing and must state the reasons for the denial. It must also explain your right to file a written statement objecting to the denial. If you do not file a written objection, you still have the right to ask that your request and Benita Esposito’s denial will be attached to any future disclosures of your PHI. If Benita Esposito approves your request, it will make the change(s) to your PHI. Additionally, Benita Esposito will tell you that the changes have been made and will advise all others who need to know about the change(s) to your PHI.
6. The Right to Get This Notice by Email: You have the right to get this notice by email. You have the right to request a paper copy of it as well.
7. Submit all Written Requests: Submit to Benita Esposito at the address listed on top of page one of this document.
VIII. COMPLAINTS: If you are concerned your privacy rights may have been violated, or if you object to a decision Benita Esposito made about access to your PHI, you are entitled to file a complaint. You may also send a written complaint to the Secretary of the Department of Health and Human Services Office of Civil Rights. Benita Esposito will provide you with the address. Under no circumstances will you be penalized or retaliated against for filing a complaint.
Please discuss any questions or concerns with your therapist. Your signature below indicates that you
Acknowledge receipt of this Notice:
Client Name (please print)
Parent/Legal Guardian Name (please print)
Parent/Legal Guardian Signature Date
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Last revision with address update on 13Oct2019