Brighter Pathways ©  2017

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1237 E. Livingston Street, Suite B

Orlando, FL 32803-5401

Ph: 407-895-0540 ~ Fax: (407) 228-9771

Licenses:  SS00305 ~ MH02676 ~ PCE-9

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Notice:  Leave of Absence Closure

Dr. Messenger will be starting  A Leave of Absence as of Friday, Jan. 20, 2017 for an unspecified time.  Assessments and consultation can be scheduled until then.  The website will remain available for educational purposes, until the office is reopened.

Privacy Notice

Federally Mandated Document

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.   PLEASE REVIEW IT CAREFULLY.   Effective Date of this Notice and Policy 4/14/2003.  This document is provided to comply with federal law. Relevant state laws are listed on another document.

1. PURPOSE: Brighter Pathways and its professional staff, employees, and trainees follow the privacy practices described in this Notice. Brighter Pathways keeps your mental health information in records that will be maintained and protected in a confidential manner, as required by law. Please note that in order to provide you with the best possible care and treatment all professional staff involved in your treatment and employees involved in the health care operations of the agency may have access to your records.

2. WHAT ARE TREATMENT and HEALTH CARE OPERATIONS?  Your treatment includes sharing information among mental health care providers who are involved in your treatment. For example, if you are seeing both a physician (psychiatrist) and a psychotherapist, they may share information in the process of coordinating your care. Treatment records may be reviewed as part an on-going process directed toward assuring the quality of Agency operations. A staff member designated as the Quality Improvement Officer may access clinical records periodically to verify that Agency standards are met.

3. HOW WILL BRIGHTER PATHWAYS USE MY PROTECTED HEALTH INFORMATION?  Your personal mental health record will be retained by Brighter Pathways for approximately ten (10) years after your last clinical contact.  After that time has elapsed, your practice records will be erased, shredded, burned or otherwise destroyed in a way that protects your privacy. Copies of mental health records that have been distributed to other entities may continue to exist and be managed by their policies.  Until the records are destroyed, they may be used for the following purposes unless you request restrictions on a specific use or disclosure:

Appointment reminders and notification when an appointment is canceled or rescheduled;

As may be required by law;

For public health purposes such as reporting of child or elder abuse or neglect; reporting reactions to medications; infectious disease control; notifying authorities of suspected abuse, neglect, or domestic violence (if you agree or as required by law);

Mental health oversight activities, e.g., Audits, inspections or investigations of administration and management of Brighter Pathways;

Lawsuits and disputes (We will attempt to provide you advance notice of subpoena before disclosing information from your record.)

Law enforcement (e.g., in response to a court order or other legal process) to identify or locate an individual being sought by authorities; about victim of a crime under restricted circumstances; about a death that may be the result of criminal conduct; about criminal conduct that occurred in the practice; when emergency circumstances occur relating to a crime;

To prevent a serious threat to health or safety;

To carry out treatment and health care operations functions through transcription and billing services;

To military command authorities if you are a member of the armed forces or a member of a foreign military authority;

National security and intelligence activities;

Protection of the President or other authorized persons for foreign heads of state, or to conduct special investigations.

Psychotherapy notes that are kept separate from the medical record have special protection and require authorization for release, with certain exceptions.  

Psychotherapy notes excludes medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date, employment, application, utilization, examination, or analysis of such information within an entity that maintains such information.

Protection of the President or other authorized persons for foreign heads of state, or to conduct special investigations

SPECIAL RULES REGARDING DISCLOSURE OF PSYCHIATRIC, SUBSTANCE ABUSE AND HIV-RELATED INFORMATION

For disclosures concerning health information relating to care for psychiatric conditions, substance abuse or HIV-related testing and treatment, special restrictions may apply.  

Psychiatric information.  If needed for your diagnosis or treatment in a mental health program, psychiatric information may be disclosed.  Certain limited information may be disclosed for payment purposes.

HIV-related information.  HIV-related information may be disclosed for purposes of treatment or payment.

Substance abuse treatment.  If you are treated in a specialized substance abuse program, your special authorization will be needed for most disclosures, not including emergencies.

4. YOUR AUTHORIZATION IS REQUIRED FOR OTHER DISCLOSURES.    Except as described previously, we will not use or disclose information from your record unless you authorize (permit) in writing to do so. You may revoke your permission, which will be effective only after the date of your written revocation.

5. YOU HAVE RIGHTS REGARDING YOUR PROTECTED HEALTH INFORMATION.   You have the following rights regarding your health information, provided that you make a written request to invoke the right on the form provided by Brighter Pathways, Inc.

Right to request restriction. You may request limitations on your mental health information we may disclose, but we are not required to agree to your request. If we agree, we will comply with your request unless the information is needed to provide you with emergency treatment.

Right to confidential communications. You may request communications in a certain way or at a certain location, but you must specify how or where you wish to be contacted.

Right to inspect and copy. You may have the right to inspect and copy your mental health information regarding decisions about your care; however, psychotherapy notes may not be inspected and copied. We may charge a fee for copying, mailing, and supplies. Under limited circumstances, your request may be denied; you may request review of the denial by another licensed mental health professional chosen by Brighter Pathways, Inc.  Brighter Pathways, Inc. will comply with the outcome of the review.

Right to request clarification of the record. If you believe that the information we have about you is incorrect or incomplete you may ask to add clarifying information. You may ask for a form for that purpose and the form will require certain specific information. Brighter Pathways, Inc. is not required to accept the information that you propose.

Right to accounting of disclosures. You may request a list of the disclosures of your mental health information that have been made to persons or entities other than for treatment or health care operations in the last six (6) years, but not prior to April 14, 2003.

Right to a copy of this Notice. You may request a paper copy of this Notice at any time, even if you have been provided with an electronic copy. You may print out a copy of this notice from any clinical website we provide.

6. REQUIREMENTS REGARDING THIS NOTICE.   Brighter Pathways is required to provide you with this Notice that governs our privacy practices. Brighter Pathways may change its policies or procedures in regard to privacy practices. If and when changes occur, the changes will be effective for mental health information we have about you as well as any information we receive in the future. Any time you come in to Brighter Pathways for an appointment, you may ask for and receive a copy of the Privacy Notice that is in effect at the time.

7. COMPLAINTS.   If you believe your privacy rights have been violated, you may file a complaint with Brighter Pathways or with the HHS Office of Civil Rights. You will not be penalized or retaliated against in any way for making a complaint.   Contact: Call Brighter Pathways, Inc. and ask to speak to the person responsible for privacy.  If you have a complaint; if you have any questions about this notice; if you wish to request restrictions on uses and disclosure for health care treatment or operations; you may obtain any of the forms mentioned to exercise your individual rights described above.

Patient Name (Print) __________________________________________________________

Parent Name (Print)___________________________________________________________

Signature (Parent, or patient if 18 or older): ______________________________________

Relationship to patient: (parent, guardian, power of attorney)____________________

Date ________________


  e-mail: messenger@brighterpathways.com

HIPAA Policy