This document contains summary information about the Health Insurance Portability and Accountability Act (HIPAA) and patient rights with regard to the use and disclosure of your Protected Health Information (PHI) used for the purpose of treatment, payment and health care operations. HIPAA requires that we provide you with a Notice of Privacy Practices and explain HIPAA and its application to your personal health information in greater detail. The law requires that we obtain your signature acknowledging that we have provided you with this information.

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Therapy Services

• Therapy has both benefits and risks. Risks sometimes include experiencing uncomfortable feelings such as sadness, anger, guilt, and helplessness. Therapy often requires discussing unpleasant aspects of your life. Therapy has also been shown to have benefits for people who actively participate.

• Your first few sessions will consist of a discussion between you and the provider to evaluate your needs and discuss diagnoses. After evaluation, we will discuss what our work may include and create an initial treatment plan. We will need ongoing feedback from you for your needs to establish the most successful treatment plan.

• Most sessions are scheduled for 50 minutes, usually weekly. Sessions are sometimes scheduled more or less frequently based on your needs.

• Repeated cancellations or no-show appointments may indicate that this isn’t the right time for services. Three missed appointments without participant contact may result in program discharge.

• If you do not notice improvement from therapy within a couple of months, please talk to your provider right away.

• Any questions you may have regarding any procedures can be addressed as they arise.

 

Telehealth Services

Telehealth services may be used when mental health providers cannot be physically present with you or your child during evaluations and therapy services.

• HIPAA compliant video platforms are used to communicate between you and your provider. The video communication software includes measures to safeguard data and protect against corruption.

• Privacy for you or your child at home should be considered so that all feel comfortable that the participant can continue to share what they need to with their provider.

• There are risks with the transmission of personal health information over technology that include but are not limited to: breaches of confidentiality (digitally or by being overheard), theft of personal information, and disruption of services due to technical difficulties.

• No recording of the session occurs or is stored without prior notice and signed participant consent.

 

Psychiatric Evaluation and Medication Management

• Psychiatric evaluation and medication management are performed by a psychiatrist or an ANP.

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BWC does not currently offer this level of care.

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Availability

• Providers are not available 24 hours a day. BWC’s standard office hours are Monday through Friday, 8am-5pm. If you cannot reach our staff and feel you or your child are in crisis, you may call your family physician, the Crisis Line at 1-907-376-2411, the Alaska Careline at 1-877-266-4357 or go to the emergency department at the nearest hospital.

 

Professional Records

• The laws and standards of our profession require that we keep Protected Health Information about you in your clinical record. If you provide our office with an appropriate written request, you are legally entitled to receive a copy of the records. Records may also be available on your patient portal.

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Privacy of Minor Participants

• HIPAA states that minors have a right to privacy even though a parent can legally attain their records. Natural parents who have not had their parental rights terminated are able, by law, to access the child’s medical records unless it can be proven that this would not be in the child’s best interest. Our office asks parents and legal guardians to respect their child’s privacy and not access their treatment records.

• If your child is a danger to his or herself or others, your provider will discuss this with you immediately.

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Confidentiality

The law protects the communication between participants and provider, and our office can only release information about our work with others if you sign a written authorization form that meets certain legal requirements imposed by HIPAA. We may disclose confidential information in the following circumstances:

 

• Information shared in individual sessions or circumstances by a minor participant will be shared with the parents if the therapist finds it to be beneficial to the therapeutic process. High- risk behaviors may or may not be reported to parents – sexual activity and drug use disclosures are protected at a more stringent standard as stated in Alaska statutes.

• We may occasionally find it helpful to consult with other mental health professionals about a case. We regularly staff participants in supervision. During a consultation, we make every effort to avoid revealing the identity of the participant. The other professionals are also legally bound to keep the information confidential. If you do not object, your provider may not always tell you about these consultations unless it is important to your work together. Your provider will note all consultations in your clinical record.

• Disclosures required by health insurers in order to receive payment will be required. Depending on your insurance provider this may include a clinical diagnosis, treatment plan, and other relevant information in order to extend benefits. Though all insurance companies claim to keep information about you confidential, it will become part of their files and your provider has no control over what they do with it once it is in their hands.

• There are some situations where we are permitted or required to disclose information without either your consent or authorization. If such a situation arises, your provider will make every effort to discuss it with you before taking any action and your provider will try to limit any disclosure to what is necessary. When reporting child abuse, it may be deemed that it is not in the child’s best interest to discuss the situation with you.

• The law requires the reporting of child physical and sexual abuse, both past, unreported events as well as current. This would include domestic violence witnessed by children, in addition to substance use that impacts parenting and child neglect.

• An attorney may subpoena your provider’s records to court. It is office policy to protect participant confidentiality to the best of our ability. Alternatives, such as treatment summaries, will be discussed should this arise. If ordered by the court, however, your provider is obligated to disclose any information requested.

• If your provider believes that a participant is threatening serious bodily harm to self or another, we are required to take protective actions, which may include notifying the potential victim, and/or notifying the police. In the case of suicidal preoccupation or intent, hospitalization for the participant or contact with family members or others who can help provide protection may be sought.

• If a government agency is requesting the information for health oversight activities, your provider is required to provide it for them.

• If a participant files a complaint or lawsuit against our office or your provider, we may disclose relevant information regarding that participant in order to defend ourselves.

 

Participant Rights & Responsibilities

Participant Rights – Treatment

 

1. You and your family have the right to be informed of these rights in a language and method you understand.

2. You have the right to designate a surrogate decision maker if you become incapable of understanding a proposed treatment/procedure or are unable to communicate your wishes.

3. You have the right to ask about the educational and professional background of providers as well as licensing information.

4. You have the right to reasonable access to care which respects your dignity, values and beliefs regardless of your race, religion, gender, sexual orientation, ethnicity, age or disability.

   You have the right to receive information about your treatment, alternative treatments and to seek a second opinion. Like other medical treatments, behavioral health treatment has benefits and risks and there are no guarantees with respect to outcome.

 

Participant Rights - Confidentiality

1. Once you sign an official release of information form and this information is released to another agency, we can no longer guarantee the confidentiality of this information.

2. Providers may be required to disclose information without your authorization to protect your safety or the safety of others including:

    

   • If you are in clear danger of hurting or killing yourself or are unable to care for yourself.

   • If you are in clear danger of hurting or killing someone else or have clearly threatened to hurt someone else.

   • If you tell a provider about neglect or abuse of a child, an elder or an individual who is unable to care for him/herself.

   • If a child is witnessing domestic violence within the home.

   • When records are subpoenaed or ordered to be released by a court of law.

   • For purposes of program accreditation, certification or state agency reviews and audits.

 

Participant Responsibilities

1. You have the responsibility to provide information about your present concern, past illnesses and medication to your provider. Parents/Guardians are responsible for providing the provider with timely and accurate updates and concerns for minor children.

2. You have the responsibility to ask questions about anything you do not understand during your assessment or treatment.

3. You have the responsibility to actively participate in treatment including keeping scheduled appointments.

4. You have the responsibility to follow the recommended treatment plan after adequate instructions have been provided. If you disagree with the recommended treatment plan, it is your responsibility to discuss these areas of disagreement with your provider.

5. You have the responsibility to accept the consequences of not following the recommended treatment plan.

6. You are responsible for seeking emergent mental health care when indicated. You may call your family physician, the Crisis Line at 1-907-376-2411, the Alaska Careline at 1-877-266-4357 or go to the emergency department at the nearest hospital.

7. You have the responsibility to fulfill financial obligations, if applicable.

 

Resolution of Concerns

• Participants and their families are encouraged to express any concerns or problems encountered during their course of treatment in a timely manner. Communication of concerns and problems are viewed as an opportunity to improve your treatment and services.

• Report concerns directly to your provider. If you think doing so is inappropriate, concerns can also be reported to a BWC manager.

• You may also report concerns to the BWC Compliance Department at 1-907-671-7390.

• Anyone, including visitors or employees, who believes possible participant discrimination or abuse has occurred, should immediately contact any BWC staff member.

• If you have serious concerns or complaints about a behavioral health practitioner, you can also contact the Division of Occupational Licensing, 3601 C Street, Suite #722, Anchorage, Alaska 99503-5986. Telephone number: (907) 269-8160.