Client Records and Confidentiality Policy under HIPAA

The following document is our standard policy relating to Client records and Confidentiality under HIPAA. Your therapist and Brightside Counseling are committed to these policies for the protection of our Clients.  

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.

The Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) establishes a set of national standards for the protection of certain health information. The U.S. Department of Health and Human Services (“HHS”) issued the Privacy Rule to implement the requirement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Privacy Rule addresses the use and disclosure of individuals' protected health information (“PHI”).  

During the course of therapy, the Therapist shall keep and maintain accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes and billing information (collectively referred to as the “PHI”). PHI may include, but is not limited to the identity, diagnosis, evaluation, or treatment of the Client. PHI may also include, but are not limited to, any information revealed by you in counseling or a therapy session and most information placed in your file.

Brightside Counseling considers all information acquired during therapy as Protected Health Information under the Privacy Rule. As such, your therapist may disclose your PHI in only two circumstances: (a) you specifically authorize it; or (b) there is a specific exception under the HIPAA rule.  

Your therapist may disclose PHI where such disclosure is for treatment, payment, or operational purposes. For example, Brightside Counseling schedules facilities with a third-party provider. We consider having an appointment with a therapist as PHI. Prior to your appointment, we may disclose the day and time of your appointment to our provider for purposes of securing appropriate facilities and confirming your appointment. Therefore, we may disclose the day and time of your appointment with our third-party provider.

You therapist may also disclose PHI in other situations: (1) where uses and disclosures are required by law; (2) where uses and disclosures concern victims of abuse, neglect, or domestic violence; (3) where uses and disclosures are for health and oversight activities (4) where uses and disclosures are for judicial and administrative proceedings; (5) where uses and disclosures are for law enforcement purposes; (6) where uses and disclosures are for research purposes; (7) where uses and disclosures are to avert a serious threat to health or safety; (8) where uses and disclosures are required under Workers’ Compensation.  

The Therapist shall keep your PHI for a minimum of 6 years for an adult client and 6 years from the date of last treatment or 3 years beyond the age of 18, whichever occurs later, for a minor.  

Our therapists are considered professionals under Utah law, to the extent they are licensed or certified in the diagnosis, evaluation or treatment of any mental or emotional disorder.  Communications between a Client and a professional are confidential and may not be disclosed in civil cases.  Records of the identity, diagnosis, evaluation, or treatment of a Client which are created or maintained by a professional are confidential and shall not be disclosed in civil cases.  

There are important exceptions to confidentially. Under Utah law, a therapist is required to report the following: (a) abuse or neglect of minors; (b) abuse, neglect, or exploitation of elderly or disabled persons; (c) abuse, neglect, and illegal, unprofessional, or unethical conduct in an in-patient mental health facility, a chemical dependency treatment facility or a hospital providing comprehensive medical rehabilitation services; (d) sexual exploitation by a mental health services provider; (e) certain release and exchange of information concerning the treatment of a sex offender.

In addition, a therapist must report sexual misconduct as follows: the Therapist has reasonable cause to suspect that a client has been the victim of a sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider during therapy or any other course of treatment, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or mental health services provider (during therapy or any other course of treatment).

Finally, our therapists will warn others if he or she reasonably believes that you may inflict harm on yourself or others. This document may be updated without notice so please review it each time you visit us. A copy of this statement is always available upon request.