Disclaimers

Notice of Privacy Practices

Megan Malloy Therapy operates in accordance with HIPAA guidelines pertaining to privacy in psychotherapy services. This includes respecting your rights as a client, your choices within treatment, protection of your Personal Health Information (PHI) - including but not limited to your name, address, date of birth, phone number, Social Security Number, medical record number, health plan information, or other personally identifying information. You can read further regarding HIPAA as it pertains to mental health services from the Office for Civil Rights’ here or from the US Department of Health & Human Services here.

Confidentiality

Communication between the client and the therapist (Megan Malloy Therapy) is confidential, and within legal settings this is referred to as privilege as it pertains to information disclosed within treatment, with signing of informed consent and admission into psychotherapy services. Consultation calls or other information communication without completion of informed consent and admission into services does not constitute privileged information. Confidentiality assures that information discussed in session between the therapist and client will not be disclosed without the client’s written consent. There are a few exceptions in which client confidentiality may be broken in accordance with ethical and legal obligations, including:

• If there is a reason to believe there is abuse or neglect of a child (any person under the age of 18), elder adult (any adult aged 65+), or dependent adult (an adult aged 18-64 who due to a medical or mental disability is unable to provide care for themselves).

• If there is reason to believe that the client may have serious intent to harm themself or someone else.

• If there is a court order for release of the client’s records.

The client may waive their right to confidentiality or consent:

• If they introduce their mental health or emotional condition into a legal proceeding.

• If they provide written consent for the release of information (with restrictions available)

Rights of the Client and Responsibilities of the Practice and Therapist

Rights of the Client

• To terminate therapy at any time for whatever reason without obligation, with the exception of any outstanding fees payment of fees for services provided, late cancellation, no-show, or other outlined fees

• To receive considerate, safe, and respectful care without discrimination based on race, ethnicity, color, gender, sexual orientation, age, religion, or national origin

• To ask questions regarding treatment, the therapist’s training or experience, or to request a second opinion

• To receive referral to alternative mental health professionals

• Get an electronic or paper copy of your treatment records

• This request will be provided within 15 days unless denied for safety reasons

• Ask for corrections to your treatment records if you think it is incorrect or incomplete

• This request may be denied and written reasoning will be provided to the client within 60 days

• Request confidential communications

• e.g. you may request communication in a specific way or limitations, like not leaving voicemails

• Ask to limit what information the Practice uses or shares for treatment, payment, or operations or for what purpose

• This request may be denied if it may affect the client’s care

• If a service is paid for out of pocket in full, the client can ask the Practice not to share that information with their health insurer unless a law requires them to do so

• This may also include in response to lawsuits and legal actions

• Obtain a list of individuals of whom the Practice has shared information (called an accounting of disclosures)

• For up to six years prior to the date of the request

• Get a copy of this privacy notice

• Choose someone to act on behalf of the client

• e.g. if the client has appointed a medical power of attorney that includes decision-making capacity for mental health services or if someone is the client’s legal guardian

• File a complaint if the client feels their rights are violated

• File a complaint with the U.S. Department of Health and Human Services Office for Civil Rights if there is concern federal privacy rights have been violated 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/

• If the client is an enrollee of a health plan and has concern their California state privacy laws have been violated by contacting the California Department of Managed Care’s HMO Help Center at 1-999-HO-2219

• To direct how the client’s information is shared

Responsibilities of the Practice and Therapist

• Psychotherapy notes may be created or maintained during the duration of therapy provided. Psychotherapy notes are separate from the health record, are maintained securely from unauthorized access, and are not subject to release or review with the unlikely exception of a specific court order mandating release in legal proceedings. Psychotherapy notes are subjected to higher protection in regards to privacy and confidentiality and are utilized for the purpose of private record of the therapist’s thoughts, impressions, and hypotheses pertaining to treatment planning.

• To provide competent psychotherapy services within the scope of the therapist

• To maintain privacy and security of the client’s protected health information (PHI), including use of HIPAA compliant electronic platforms, providing services in a secure and private location, and storing any physical PHI in a secure location when not in use

• To notify the client promptly of any breaches that may occur regarding privacy or security of protected health information

• To follow the duties and privacy practices described in this notice and to provide a copy to the client

• To not use or share the client’s information other than described here unless they provide the Practice written permission to do so 

• The client may change their mind at any time by providing a written revocation of consent

• This includes requiring written permission for disclosure of information to the client’s employer

• Client information cannot be sold for marketing purposes

• The client is not required to provide permission for disclosure and are free from pressure or retaliation to do so

Website Privacy

In utilizing this website platform, you may choose to provide personally identifiable information that can be used to contact or identify you. This information may include but is not limited to:

• First and last name

• Phone number

• Email address

• Preferred method of contact

• Type of psychotherapy interested in

• Comments or questions

This website utilizes an embedded link to Google Forms, Psychology Today, Headway, my email, and my phone number which are all HIPAA compliant to be used to communicate protected health information. These forms additionally are subject to privacy policies and terms of service with their respective providers.

Your information gathered by the above-mentioned forms are not sold, rented, or leased to others. Information received is used solely for contacting you regarding interest in services.

Questions? Let me know and I’d be happy to answer