ATTENTO COUNSELING PRACTICE, LLC (Attento) HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA) NOTICE OF PRIVACY PRACTICES
Last Update: October 2024
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
The terms of this Notice of Privacy Practices (“Notice”) apply to Attento, its affiliates and current administrative support, supervisory and direct counseling/coaching service employees. Per adopted practice policy and procedure, Attento will protect health information of clients as necessary to carry out direct service treatment, payment processing for services rendered and health care operations as permitted by law. Attento commits to client awareness to request and/or action taken on protected information release. Attento is required by law to maintain the privacy of our clients’ protected health information and to provide patients with notice of our legal duties and privacy practices with respect to protected health information. We are required to abide by the terms of this Notice and relevant internal policies designed to protect client demographic and direct service information. Attento reserves the right to change the terms of this Notice as necessary and to make a new notice of privacy practices effective for all protected health information maintained—change of Notice will be provided to clients and be available for public review. In addition to providing notice of Notice change, we are also required to notify you:
- In the event of a breach of your unsecured protected health information.
- To inform you that there may be a provision of Georgia State law that relates to the privacy of your health information that may be more stringent than a standard or requirement under the Federal Health Insurance Portability and Accountability Act (“HIPAA”).
USES AND DISCLOSURES OF YOUR PROTECTED HEALTH INFORMATION:
Authorization and Consent:
Except as outlined below, we will not use or disclose your protected health information for any purpose other than as it relates to your direct service care provided by Attento employee(s) or to facilitate request for payment for services rendered—insurance provider billing. Outside of these two (2) purposes and the exceptions listed below, protected information will not be released to outside persons/entities unless you have signed an Attento Authorization of Release of Confidential Information Form specifically identifying a party and the specified protected information you approve for release. You have the right to revoke such authorization in writing, with such revocation being effective once we actually receive the written request. Revocation shall not be effective to the extent that Attento has taken action to verify insurance coverage unless a client accepts private pay responsibility for services rendered–law provides an insurer the right to contest a claim that is not adequately supported by protected information that verifies the reimbursable services rendered.
Uses and Disclosures for the Client Approved Purposes of Coordinated Care & Treatment:
With your written Authorization of Release of Confidential Information Form disclosure approval, Attento may make uses and disclosures of your protected health information as necessary for your treatment which may include coordination with medical doctors, other mental health professionals, supplemental medical care professionals or treatment program staff involved in your care. The release of such information may include information in your Attento medical record and information that you provide regarding demographics, medical history, symptoms, diagnosis, current or past prescription medication history, results of completed assessments/testing and notes related to treatment history.
Disclosures for Payment:
Attento will make uses and disclosures of your protected health information as necessary for payment purposes related to your provided and requested Insurance Carrier Billing. During the normal course of business operations, we may forward information regarding our provision of insurance reimbursable counseling services and treatment to your insurance company to arrange payment for the services provided to you. Attento may also use your information to prepare a bill to send to you or to the person responsible for your payment.
Disclosures for Attento Counseling/Coaching Services Care Operations:
Attento may make uses and disclosures of your protected health information as necessary and under consideration of protecting client confidentiality, and as permitted by law, for our health care operations, which may include clinical improvement, professional peer consultation, professional services management, accreditation and licensing, etc. for the purposes of improving clinical treatment and client care.
Individuals Involved In Your Care:
A client may request or be requested to approve per signed consent Attento disclosure of protected health information to a designated family member, friend or other who are involved in your care or in payment of your care in order to facilitate that person’s involvement in caring for you or paying for your care. A person with medical power of attorney or acting as a legal guardian will have the right to request protected health information. As legal guardians, parents of minor aged clients will have the right to protected health information. In the case of divorce household, the parent of a minor with medical power of attorney per divorce consent decree will have exclusive right to protected health information.
In the case of a client being unavailable, incapacitated, or facing an emergency medical situation and it is determined that a limited disclosure may be in your best interest, we may share limited protected health information with such individuals without your approval. We may also disclose limited protected health information to a public or private entity that is authorized to assist in disaster relief efforts in order for that entity to locate a family member or other persons that may be involved in some aspect of caring for you.
Attento Business Associates:
Certain aspects and components of Attento services are performed through contracts with outside persons or organizations, such as auditing, legal services, etc.–at times it may be necessary for Attento to provide your protected health information to one or more of these outside persons or organizations who assist us with our health care operations. In all cases, we require these associates to appropriately safeguard the privacy of your information.
Appointments & Services:
Attento may contact you to provide appointment reminders, updates, information about your treatment or relevant direct care health-related service communication. You have the right to request, and we will accommodate, reasonable requests by you to receive communications regarding your protected health information from us by alternative means or at alternative locations. For instance, if you wish appointment reminders to be communicated through text, e-mail or for there to be no reminders–we will accommodate said requests. Attento will limit all reminder communication to our clients to scheduling reminders, insurance billing communication (support for insurance billing challenges and/or annual insurance provider update) or HIPAA compliant forms of communication as it relates to coordination of service provided. Attento will not use personal information on file for any marketing or notice updates outside of reminders or to facilitate direct client service communication.
Research:
Attento does not engage in any research related projects or studies that will require and/or involve disclosure of protected health information.
Fundraising:
Attento is not involved in, nor will use any of your information for fundraising purposes.
Disclosures:
If required by law, Attento may make certain other uses and disclosures of your protected health information without your consent or authorization for the following:
- Any purpose required by law— court or administrative ordered subpoena or discovery request;
- Public health activities such as required reporting in connection with public health investigations;
- If Attento Service Provider suspects child abuse or neglect, if we believe you to be a victim of abuse, neglect or domestic violence—Attento staff are State of Georgia Mandated Reporters;
- If Attento Service Provider believes you are in imminent danger of hurting yourself or others;
- If you are a member of the military, we may also release your protected health information for national security or intelligence activities, and;
- With your written authorization and approval to workers’ compensation agencies for workers’ compensation benefit determination.
DISCLOSURES REQUIRING AUTHORIZATION:
Medical Record Psychotherapy/Counseling/Professional Services Notes:
Attento must obtain your specific written authorization prior to disclosing any notes unless otherwise permitted by law or as outlined under the conditions above. However, there are certain purposes for which we may disclose notes, without obtaining your written authorization, including the following:
(1) to carry out certain treatment, payment or healthcare operations (e.g., use for the purposes of your treatment, for our own training, and to defend ourselves in a legal action or other proceeding brought by you), (2) to the Secretary of the Department of Health and Human Services to determine our compliance with the law, (3) as required by law, (4) for health oversight activities authorized by law, (5) to medical examiners or coroners as permitted by state law, or (6) for the purposes of preventing or lessening a serious or imminent threat to the health or safety of a person or the public.
Marketing:
Attento will not use or disclose your protected health information for marketing purposes. A client may choose to provide anonymous, fictitious name or actual name on-line or printed reviews in support of Attento—this will not be considered Attento breach of protected information and be at the sole discretion of the client.
Sale or Assignment of Protected Information:
Attento will not sell or market client health information for any purpose.
In case of Attento being sold, transferred, merged or consolidated as part of business transition, client will be provided 90-day prior notice of said change and will have the right to authorize the re-assignment of protected health information to the new organization/entity or to terminate services in which case the protected health information will be remain confidential and secure.
RIGHTS THAT YOU HAVE REGARDING YOUR PROTECTED HEALTH INFORMATION:
Access to Your Protected Health Information:
You have the right to copy and/or inspect your protected health information that Attento retains on your behalf. For protected health information that we maintain in our Electronic Health Records System or in hardcopy format, you may request a copy of such health information in an electronic or hardcopy format allowing Attento a reasonable period (5-10 business days) of time to assemble for forward. Requests for access must be made in writing and signed by you or your legal representative. You may obtain an “Authorization Request for Health Information Form” from the Attento front office staff or your direct service provider. There will be no charge related to your protected health information request.
Amendments to Your Protected Health Information:
You have the right to request in writing that Attento maintained protected health information related to your new client intake and the services provided to be amended or corrected. We are not obligated to make requested amendments, but we will give each request careful consideration. All amendment requests must be in writing, signed by you or legal representative, and must state the reasons for the amendment/correction request. If an amendment or correction request is made, we will notify the direct service Attento staff involved in your treatment to consider the amendment/correction request.
Accounting for Disclosures of Your Protected Health Information:
You have the right to receive an accounting of certain disclosures made by Attento related to your protected health information. It is the policy of Attento to provide “immediate” notice to all clients related to Request for Records. In such cases where Attento receives from a “Requesting Entity” written request and client signed approval for release of information specific to Attento Records, we will conduct a determination of sufficiency of approval representing the desired action of a client. In the determination of verification of sufficiency, records may be released without direct client notice. A record of release and related client approval (confirmed by Attento via client approval prior to release or client signed request for release) will be maintained in the Attento Records Office and may be requested by a client for confirmation/review.
Restrictions on Use and Disclosure of Your Protected Health Information:
You have the right to request restrictions on uses and disclosures of your protected health information for treatment, payment, or health care operations. We are not required to agree to most restriction requests, but will attempt to accommodate reasonable requests when appropriate. You do, however, have the right to restrict disclosure of your protected health information to a health plan if the disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law, and the protected health information pertains solely to a health care item or service for which you, or someone other than the health plan on your behalf, has paid Attento in full. If we agree to any discretionary restrictions, we reserve the right to remove such restrictions as we deem appropriate. We will notify you if we remove a restriction imposed in accordance with this paragraph. You also have the right to withdraw, in writing or orally, any restriction by communicating your desire to do so to the individual responsible for medical records.
Right to Notice of Breach:
We take very seriously the confidentiality of our clients’ information, and we are required by law to protect the privacy and security of your protected health information through appropriate safeguards. We will notify you in the event a breach occurs involving or potentially involving your unsecured health information and inform you of what steps you may need to take to protect yourself.
Paper Copy of this Notice:
You have a right to obtain a paper copy of this Notice. To do so, please submit a request to the Attento Privacy Officer at the address below. You also have the option to and make said request at the Attento Records Office number below.
Complaints:
If you believe your privacy rights have been violated, you can file a complaint in writing with the Attento Privacy Officer. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services at the below address. There will be no retaliation for filing a complaint.
Office for Civil Rights Department of HHS:
- Address: 200 Independence Avenue, S.W., Room 509F, HHH Building, Washington, DC 20201
- Phone: (202) 619-0257
- Toll-free: 1-877-696-6775
- https://www.hhs.gov/hipaa/filing-a-complaint/index.html
For Further Information: If you have questions, need further assistance regarding or would like to submit a request pursuant to this Notice, you may contact the Attento Privacy/Compliance Officer (Laura Aisthorpe by phone at (404) 422-5514 or at the following address: 1355 Terrell Mill Rd./Bld 1460 /Suite 205 /Marietta, GA 30067.
This Notice of Privacy Practices is also available on our Attento web page: https://attentocounseling.com