Notice of Privacy Practices

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.

1. Our Commitment to Your Privacy

Cassandra H. Maughan Psychiatry, PLLC (“this practice,” “we,” “us”) is required by law to maintain the privacy of your protected health information (PHI), to provide you with this notice describing our legal duties and privacy practices, to notify you if a breach of your unsecured PHI occurs, and to follow the terms of the notice currently in effect.

2. How We May Use and Disclose Your Health Information

We may use and disclose your PHI for the following purposes without your written authorization:

• Treatment: to provide, coordinate, or manage your psychiatric care. For example, we may send prescriptions to your pharmacy, order laboratory tests, or consult with other treating providers you authorize, such as a therapist or primary care provider you also see.
• Payment: to bill and receive payment for services. For example, we may bill you directly, prepare a superbill you may choose to submit to your insurance for reimbursement, or, where this practice is in-network with your health plan, submit claims and provide information your health plan needs to determine coverage or authorize treatment.
• Health Care Operations: for internal purposes such as quality assessment, recordkeeping, and practice management.
• Appointment Reminders: to contact you with appointment reminders by text, email, or phone, using the contact information you provide.

3. Special Situations in Which We May Disclose PHI Without Your Authorization

• As Required by Law: when federal, state, or local law requires disclosure, including mandatory reporting of suspected abuse, neglect, or exploitation of a child, elderly person, or vulnerable adult. Information disclosed is limited to what is necessary for the required report.
• To Avert a Serious Threat to Health or Safety: when disclosure is necessary to prevent or lessen a serious and imminent threat to your health or safety or that of another person, consistent with applicable state law and professional ethical obligations. Disclosure will be made only to someone able to help prevent or respond to the threat, such as emergency services, law enforcement, or a potential victim.
• Lawsuits and Legal Proceedings: in response to a court or administrative order, or in response to a subpoena, discovery request, or other lawful process, subject to the protections required by law.
• Law Enforcement: in limited circumstances permitted by law, such as in response to a court order, warrant, or subpoena, or to report a crime in an emergency.
• Health Oversight: to health oversight agencies for activities authorized by law, such as audits, investigations, inspections, and licensing actions, including by the Montana Board of Nursing.
• Essential Government Functions: when required for specialized government functions authorized by law, such as national security activities.
• Coroners and Medical Examiners: as permitted by law.
• Business Associates: to business associates that perform services on our behalf, such as our electronic health record platform (see Section 6).
• Incidental Disclosures: we are not required to eliminate every risk of an incidental use or disclosure of your PHI. A use or disclosure that occurs as a result of an otherwise permitted use or disclosure is permitted as long as reasonable safeguards are in place and only the minimum necessary information is shared.

4. Uses and Disclosures That Require Your Written Authorization

Any use or disclosure of your PHI not described in this notice will be made only with your written authorization. You may revoke that authorization in writing at any time, except to the extent we have already relied on it.

• Marketing and Sale of PHI: this practice does not use or disclose your PHI for marketing or fundraising, and does not sell your PHI.
• Psychotherapy Notes: if kept as separate records, psychotherapy notes will be used or disclosed only with your authorization, except: for your treatment; for the provider’s own training; to defend the provider in a legal or administrative proceeding you initiate; as required by the Montana Board of Nursing or the U.S. Department of Health and Human Services to investigate compliance; to avert a serious and imminent threat to health or safety; to a health oversight agency for lawful oversight of the provider; to a coroner or medical examiner; or as otherwise required by law.

5. Communications with Family Members or Others

We will not discuss your care, confirm that you are a patient, or share any health information with family members, friends, or other third parties without your specific written authorization, except in an emergency situation where disclosure is necessary to protect your safety or the safety of others, as described in your Informed Consent.

6. Business Associates and Professional Consultation

We may share your PHI with business associates who perform services on our behalf, such as our electronic health record platform. These business associates are contractually required, through a Business Associate Agreement, to protect your information consistent with HIPAA.

From time to time, this practice may consult with a professional mentor or peer consultant regarding the quality and appropriateness of care. When such consultation occurs, information is de-identified to the extent reasonably possible. This is a standard part of maintaining high-quality clinical practice.

7. Your Rights Regarding Your Health Information

• Right to Access: you may request to inspect and receive a paper or electronic copy of your medical record, other than psychotherapy notes. We will respond within 30 days of your written request and may charge a reasonable, cost-based fee.
• Right to Amend: you may request that we amend your health information if you believe it is incorrect or incomplete. We may deny your request, but will tell you why in writing within 60 days.
• Right to an Accounting of Disclosures: you may request a list of certain disclosures we have made of your PHI in the six years before your request, other than for treatment, payment, health care operations, or disclosures you authorized. The first list in any 12-month period is free; we may charge a reasonable, cost-based fee for additional requests.
• Right to Request Restrictions: you may request restrictions on certain uses or disclosures of your PHI, including disclosures to someone involved in your care. We are not required to agree, except that we must agree not to disclose PHI to your health plan for payment or health care operations when it relates solely to an item or service you paid for out of pocket in full.
• Right to Request Confidential Communications: you may request that we contact you in a certain way or at a certain location. We will agree to all reasonable requests.
• Right to a Paper Copy of This Notice: you may request a paper copy of this notice at any time, even if you agreed to receive it electronically. This notice is also available in your client portal.
• Right to be Notified of a Breach: you will be notified if a breach of your unsecured PHI occurs, in accordance with state and federal law.

8. How Your Records Are Maintained

Your clinical records are maintained electronically through PracticeQ, this practice’s HIPAA-compliant electronic health record system, which is covered by a signed Business Associate Agreement.

Your records are retained for a minimum of 10 years from the date of your last contact with this practice.

9. Complaints

If you believe your privacy rights have been violated, you may file a complaint with this practice using the contact information below, or with the U.S. Department of Health and Human Services, Office for Civil Rights, at www.hhs.gov/ocr/complaints. You will not be penalized or retaliated against for filing a complaint.

10. Privacy Officer / Contact Information

Questions about this notice, requests to exercise your rights, or complaints may be directed to:

Privacy Officer: Cassandra Maughan, PMHNP-BC
Cassandra H. Maughan Psychiatry, PLLC
1001 S Main St Ste 600, Kalispell, MT 59901
Phone: (406) 780-3609
Email: hello@MaughanPsychiatry.com

11. Changes to This Notice

We reserve the right to change this notice and to make the revised notice effective for health information we already have as well as any information we receive in the future. An updated notice will be provided to you, posted in your client portal, and made available upon request.

12. Governing Law

This notice is governed by the Health Insurance Portability and Accountability Act (HIPAA) and applicable state law.