NOTICE OF PRIVACY PRACTICES

HIPAA & CALIFORNIA NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW MEDICAL AND MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, HOW YOU CAN GET ACCESS TO THIS INFORMATION, AND YOUR RIGHTS REGARDING YOUR HEALTH DATA. PLEASE REVIEW IT CAREFULLY.

Hear and Now Psychology, A Professional Corporation, is required by federal and California law to maintain the privacy and security of your Protected Health Information (PHI), to provide you with this Notice of Privacy Practices, explaining our legal duties and privacy practices, and to notify you promptly following a breach of unsecured PHI. PHI is information about you, including demographic information, that may identify you and that relates to your past, present, or future physical or mental health condition and related health care services. We are legally bound to follow the terms of the notice currently in effect.

SECTION 1: USES AND DISCLOSURES OF PHI WITHOUT YOUR AUTHORIZATION

We may use or disclose your PHI for treatment, payment, and health care operations without obtaining your prior written authorization:

Treatment: We may use and disclose your PHI to provide, coordinate, or manage your psychological care. This includes sharing relevant details with other clinicians, supervisors, trainees, or administrative staff within our group practice who are involved in your treatment.

Payment: We may use and disclose your PHI so that the services you receive may be billed and collected from you, an insurance company, or a third-party payer.

Health Care Operations: We may use and disclose your PHI for internal administrative operations, such as quality assessment, clinical supervision, financial audits, or legal compliance. All contractors or platforms used for these operations are bound by strict confidentiality via Business Associate Agreements (BAAs). We may also use and disclose your PHI to contact you to remind you that you have an appointment with our therapist/practice. We may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that we offer.

Notice of Electronic Disclosure: In compliance with California Health & Safety Code § 1280.15, be advised that our practice creates, stores, and transmits Protected Health Information electronically. Your records may be subject to electronic disclosure as permitted or required by law.

Required by Law, Mandated Reporting, & Safety Threats: We will disclose PHI when required by federal or California state law. This includes specific safety mandates under California law where disclosure is immediate and required:

Abuse Reporting: If we have a reasonable suspicion that a minor has been a victim of child abuse or neglect, we are mandated by California law to report it immediately to Child Protective Services or local law enforcement. If we observe, have knowledge of, or reasonably suspect that an elder (65 or older) or a dependent adult has been a victim of abuse or neglect, we must report it immediately to Adult Protective Services or local law enforcement.

Danger to Self (Suicide Risk): Under California Civil Code § 56.10 and Evidence Code § 1024, if we determine that you present an imminent risk of serious harm or death to yourself, we may break confidentiality without your consent to ensure your safety. This may include contacting family, emergency contacts, or emergency medical personnel/law enforcement.

Danger to Others & Serious Threats (Tarasoff): If you communicate a serious threat of physical violence against a reasonably identifiable victim, we have a legal "duty to protect". This requires us to take protective actions immediately, which may include notifying the potential victim, notifying law enforcement, or seeking hospitalization.

Gravely Disabled Status: If a mental health condition leaves you entirely unable to provide for your own basic personal needs (food, clothing, or shelter), we may disclose relevant information to facilitate emergency medical/county evaluation or protective intervention.

Workers' Compensation: Although our preference is to obtain an Authorization from you, under California Labor Code, if you file a workers' compensation claim, we must furnish reports and records to your employer or insurance carrier regarding your injury and treatment within five working days of an examination.

Deceased Individuals and Decedents: In accordance with federal HIPAA rules and California Evidence Code § 1013, privacy protections for your health information continue for 50 years after your death. We will not release your records to family members or third parties after your passing unless authorized in writing by your legally appointed Personal Representative (e.g., the Executor or Administrator of your estate). We may, however, disclose PHI without authorization to coroners, medical examiners, or funeral directors as necessary to identify a deceased person or determine a cause of death.

Health Oversight Activities: We may disclose PHI to a health oversight agency, such as the California Board of Psychology or the U.S. Department of Health and Human Services, for activities authorized by law, including audits, investigations, inspections, and licensure actions.

Specialized Government Functions & National Security: We may disclose PHI of military personnel and veterans under certain circumstances, or in the interest of national security, such as protecting public officials or conducting lawful intelligence operations.

Judicial Proceedings & Law Enforcement: In response to a valid court order, a lawful, authorized subpoena, or a search warrant lawfully issued to a law enforcement agency.

SECTION 2: SPECIFIC LIMITS & SPECIAL CONDITIONS ON THE USE OF PHI

Disclosures to Family, Friends, or Others: We may provide your PHI to a family member, friend, or other person that you authorize and indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.

Psychotherapy Notes: True psychotherapy notes (the private notes kept separate from the rest of your clinical record) require your explicit, written authorization for any use or disclosure, except for internal group training, supervision, or defense in a legal action brought by you. Any other uses or disclosures not described within this notice explicitly require a standalone written authorization from you.

Marketing and Sale of PHI: We will never disclose, sell your PHI or use it for marketing purposes without your written permission.

Genetic Information (GINA Compliance): In accordance with federal law, our practice is strictly prohibited from using or disclosing any of your genetic information for health insurance underwriting or eligibility determinations. (Note: Although Hear and Now Psychology, A Professional Corporation explicitly does not perform any genetic testing, federal regulations require us to provide notice of these privacy standards.)

Fundraising Disclosures: Our practice does not engage in fundraising activities and will not use your PHI to contact you for fundraising purposes. However, should we ever use or disclose records protected under 42 C.F.R. Part 2 for fundraising purposes in the future, we will provide you with a clear and conspicuous opportunity to opt-out before any such use or disclosure occurs.

42 CFR Part 2 (Substance Use Disorder Records): Our practice is not a federally assisted substance use disorder treatment program. However, if we receive patient records from an outside federally assisted program that are subject to 42 C.F.R. Part 2, we will protect those records in strict compliance with federal regulations. In compliance with federal laws, we will not use or disclose such records, or testimony describing them, in any civil, criminal, administrative, or legislative proceedings against you without your explicit written consent or a specific, legally valid court order. (Note: Although Hear and Now Psychology, A Professional Corporation does not specialize in treating substance use disorders, federal regulations require us to provide notice of these privacy standards.) We may also maintain “SUD counseling notes,” which are notes recorded by a substance use disorder provider documenting the contents of a counseling session. Any use or disclosure of these notes requires your separate written authorization, which cannot be combined with a consent for other types of records. You can revoke your consent at any time except to the extent that we have already acted upon it to disclose these notes in accordance with your initial authorization.

Reproductive Health Care Information: In compliance with the federal HIPAA Privacy Rule, your PHI will never be used or disclosed for the purpose of investigating, prosecuting, or establishing civil liability against any person for seeking, obtaining, providing, or facilitating lawful reproductive healthcare services.

SECTION 3: YOUR PATIENT DATA RIGHTS

Under HIPAA and California Health & Safety Code § 123111, you have the following rights:

Right to Inspect and Copy: You have the right to inspect and obtain copies of your clinical and billing records. Under California law, we must allow you to inspect your records within 5 business days of a written request, or provide copies within 15 business days. We may deny access if clinical judgment determines that access would cause a substantial risk of significant adverse psychological consequences to you. We reserve the right to charge a reasonable, clerical fee to cover the costs of copying or preparing the records as permitted under California state law.

Right to Request Restrictions: You may ask us to limit how we use or disclose your PHI for treatment, payment, or operations. We are not required to agree to your request, except as noted below.

Right to Restrict Out-of-Pocket Disclosures: If you pay for a service entirely out-of-pocket and request that we do not disclose this information to your health insurance plan, we must honor that restriction.

Right to Opt-Out of Health Information Exchanges (HIE): You have the right to opt-out of having your electronic mental health data shared automatically with statewide Health Information Exchanges.

Right to Confidential Communications: You can request that we communicate with you in a specific way or at a specific location (e.g., calling a specific phone number, using a secure client portal, or to sending mail to a different address).

Right to Amend: If you feel the information in your record is incorrect or incomplete, you may request an amendment in writing. We may deny this request if the record is accurate and complete, but we will tell you why in writing within 60 days of receiving your request.

Right to an Accounting of Disclosures: You may request a list of certain disclosures we have made of your PHI for purposes other than treatment, payment, or operations.

Right to a Paper Copy: You have an absolute right to receive a physical paper copy of this notice at any time, even if you have agreed to receive and sign this notice electronically.

Right to Revoke Authorization: If you provide written authorization for any use or disclosure of your PHI not described in this notice, you have the absolute right to revoke that authorization in writing at any time. Your revocation will stop future disclosures but will not affect any actions taken before the revocation was received.

Right to File a Complaint Without Fear of Retaliation: If you believe your privacy rights have been violated, you can file a complaint with our Privacy Official or the Secretary of the U.S. Department of Health and Human Services. Our practice is strictly barred by federal law from retaliating against you, treating you differently, or terminating your care for filing a complaint.

SECTION 4: CHANGES TO THIS NOTICE, CONTACT INFORMATION & EFFECTIVE DATE

Changes to the Terms of This Notice: We reserve the right to change the terms of this Notice at any time. Any new Notice will be effective for all PHI that we maintain at that time. If we make material changes, a revised copy will be provided to current clients and posted in our office or on our website.

For questions, requests regarding your records, or to file a privacy or clinical complaint, please contact our designated Privacy Official:

Privacy Official Name/Title: Sabrina, Practice Operations Manager

Phone / Email: (213) 789-7862, sabrina@hearandnowpsychology.com
Effective Date of This Notice: 07/13/26