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Terms and Policy

Notice of Privacy Practices
This notice describes how your protected health information (PHI) may be used and disclosed and how you can get access to this information. It also discusses how your protected health information (PHI), including electronic protected health information (ePHI), is protected as required by counseling ethics and federal law (HIPAA and HITECH). Please review this Notice of Privacy Practices carefully.

Definitions

Protected Health Information (PHI): We collect PHI from you through treatment, payment and related healthcare operations, the application and enrollment process, and/or healthcare providers or health plans, or through other means, as applicable. Your PHI that is protected by law broadly includes any information, oral, written, electronically, or recorded, that is created or received by certain health care entities, including health care providers, such as physicians and hospitals, as well as, health insurance companies or plans. The law specifically protects data, such as your name, address, social security number, and other information that could be used to identify you as the individual patient who is associated with that health information.

Electronic Health Information (ePHI): ePHI is defined as any Protected Health Information (PHI) that is stored on any form of electronic media, or which is transmitted in any electronic form. ePHI includes information typically kept by counselors, including reports, case notes, billing materials, correspondence, personal notes, and research kept on electronic devices including computers, smartphones, tablets, and other electronic storage devices. In order to be categorized as ePHI, the information must be used to identify an individual - that is, de-identified information is not covered under this definition. The law requires healthcare professionals to take measures to keep ePHI confidential and to protect it from disclosure. Counselors must provide for physical and electronic safeguarding of ePHI from any "reasonably anticipated threats or hazards to the security or integrity of such information" (HIPAA, 2007, 164.306 (a) (2)).

Examples of treatment activities include: (a) the provision, coordination, or management of health care and related services by health care providers; (b) consultation between health care providers relating to a patient; or the referral of a patient for health care from one health care provider to another.

Examples of payment activities include: (a) billing and collection activities and related data processing; (b) actions by a health plan or insurer to obtain premiums or to determine or fulfill its responsibilities for coverage and provision of benefits under its health plan or insurance agreement, determinations of eligibility or coverage, adjudication or subrogation of health benefit claims; (c) medical necessity and appropriateness of care reviews, utilization review activities; and (d) disclosure to consumer reporting agencies of information relating to collection of premiums or reimbursement.

Examples of health care operations include: (a) development of clinical guidelines; (b) contacting clients with information about treatment alternatives or communications in connection with case management or care coordination; (c) reviewing the qualifications of and training health care professionals; (d) underwriting
and premium rating; (e) medical review, legal services, and auditing functions; and (f) general administrative activities such as client service and data analysis.


Your Rights
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

- Get an electronic or paper copy of your medical record
You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you by contacting: Peggy A McFarland, 2648 Graveyard Point Road, Homedale, ID 83628.
We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee starting at $25.

-Ask us to correct your medical record
You can ask us to correct health information about you that you think is incorrect or incomplete by contacting the above address. We may say "no" to your request, but we'll tell you why in writing within 60 days.

-Request confidential communications
You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will say "yes" to all reasonable requests.

- Ask us to limit what we use or share
You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say "no" if it would affect your care.

If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say "yes" unless a law or insurance company policy requires us to share that information.

- Get a list of those with whom we've shared information
You can ask for a list (accounting) of the times we've shared your health information for six years prior to the date you ask, who we shared it with, and why.

We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We'll provide one accounting a year for free but will charge a reasonable, cost-based fee starting at $25 if you ask for another one within 12 months.

- Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

- Choose someone to act for you
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
We will make sure the person has this authority and can act for you before we take any action.

- File a complaint if you feel your rights are violated
You can complain if you feel we have violated your rights by contacting us. By signing that you consent for treatment and that you agree to the terms of this privacy policy, you agree that you will contact us first so that we may explain or remedy your privacy concerns. Contact: Peggy A McFarland, 2648 Graveyard Point Road, Homedale, ID 83628

You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights 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/.

You may contact the Oregon Board of Licensed Professional Counselors and Therapists: Mailing Address: 3218 Pringle Road, SE #250, Salem, OR 97302-6312. Telephone: (503) 378-5499 Email: lpct.board@state.or.us Website:www.oregon.gov/OBLPCT or the Idaho Bureau of Occupational Licenses Mailing Address: PO Box 83720, Boise, Idaho 83720-0063, Telephone: (208) 334-3233, Email: ibol@ibol.idaho.gov Website: https://ibol.idaho.gov/IBOL/

We will not retaliate against you for filing a complaint; however be informed that in the event of a complaint we may be required to disclose your PHI or ePHI to the responding authorities in order to provide evidence to support our disclosure.

Your Choices

For certain health information, you can tell us your choices about what we share.
If you have a clear preference for how we share your information in the situations described below, talk to us. You can also make changes in your preferences at any time. Tell us what you want us to do, and we will follow your instructions. In these cases, you have both the right and choice to tell us to:

1. Share information with your family, close friends, or others involved in your care
2. Share information in a disaster relief situation

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

1. Marketing purposes
2. Most sharing of psychotherapy notes

In the case of marketing, we may contact you to submit a marketing testimonial; however, this is strictly voluntary and will in no way affect your care in the event you decline.

Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways:

- Treat you
We can use your health information and share it with other professionals who are treating you.
Example: We consult with your medical professional about the effectiveness of psychotropic medications or changes in your condition.

- Run our organization
We can use and share your health information to run our practice, improve your care, and contact you when necessary. Example: We deposit your payment checks into a local bank and input your credit card information into Pay Pal Here.

- Bill for your services
We can use and share your health information to bill and get payment from health plans or other entities. Example: We submit a summary of your treatment and progress to your EAP; we provide a diagnosis to your health insurance carrier. We are not limited to these specific examples and will supply what is required to obtain payment.

- To comply with licensure and supervision requirements
The counselor can discuss your case, withholding identifying information, with a colleague or state approved supervisor in order to enhance treatment or meet licensure requirements. Example: As a requirement of licensure, the counselor consults with her supervisor two to three hours per month. Your case may be discussed, or written notes may be shared; however, identifying information will be kept confidential.

How else can we use or share your health information?

We are allowed or required to share your information in other ways - usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues
We can share health information about you for certain situations such as:
Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone's health or safety

- Do research
We can use or share your information for health research, however this is not typical and you will be notified in the event that your information could be used in a research project.

- Comply with the law
As a mandatory reporter, the counselor is required to report suspected abuse or neglect to the authorities, including any threat or suspicion of harm to others or yourself to the legal authorities and/or to others deemed necessary to remedy the risk of harm.

We may share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we're complying with federal privacy law.

- Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.

- Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

- Address workers' compensation, law enforcement, and other government requests
We can use or share health information about you:
For workers' compensation claims
For law enforcement purposes or with a law enforcement official
With health oversight agencies for activities authorized by law
For special government functions such as military, national security, and presidential protective services

- Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Our Responsibilities
The following describe our legal and ethical responsibilities to protect your PHI and ePHI from unauthorized disclosure.

- To make a secure, off sight, data back up of your ePHI as defined by law. We are required to keep an easily accessible, but equally secure and encrypted backup of all ePHI (HIPAA, 2007, 164.308, (7) (ii) (A). We must establish and implement procedures to create and maintain retrievable exact copies of ePHI. We use COUNSOL for our cloud storage system of ePHI, because it meets the following requirements of the HIPAA law:

1. Data is monitored for changes and backed up immediately
2. Client-side software can be set up in such a way that unauthorized individuals cannot access data
3. Data is transmitted over an encrypted connection (e.g., https connections)
4. Documentation of physically secure storage; some services have multiple backup locations
5. Data cannot be accessed by staff at storage site under any circumstances, including a court order
6. Data is encrypted before transmission with at least 256-bit encryption (e.g., encryption is automatically performed client-side by the client software). Alternatively, data can be encrypted manually by the counselor before backup

To provide for secure storage of your ePHI which is not stored in a cloud-based system.
ePHI not stored on a cloud-based system is stored on CD's which are maintained in a locked file cabinet.

To take measures to "guard against unauthorized access to ePHI that is being transmitted over an electronic communications network" (HIPAA, 2007, 164.312(e) (1)); To meet this requirement, we have implemented the following policies:

1. As stated in our Client Counseling Agreement, it is the policy of Peggy A McFarland, LPC,  that communication with you through unsecured email, text message, or voicemail, should be limited to scheduling issues only. No ePHI will be transmitted through unsecured email, voice mail, or text message.

2. When accessing your ePHI through a mobile device, we use Counsol, a HIPAA compliant online management system for billing and record keeping. This service offers secure email communication and video conferencing for confidential transmission of client-counselor communication. An additional and beneficial service to our clients through use Counsol is a secure online client journal. Counsol is endorced by the American Counseling Association (ACA) and meets the requirements of the ACA Code of Ethics regarding ePHI.

3. All computers and mobile devices used by Peggy A McFarland, LPC are secured with a password.

- To have a compliance administrator for our ePHI policies and procedures.
The compliance administrator is: Peggy A McFarland, 2648 Graveyard Point Road, Homedale, ID 83651.

- To secure a "business associates agreement" in the event we use a third party service.
In the event we use a billing service, dictation service, or some other service that may have access to your ePHI we are required to have a "business associates agreement" which assures us that the other agency has some awareness of security requirements for ePHI. We are not, however, responsible for monitoring this other agency and are not responsible for data lost by this other agency (HIPAA, 2007; HITECH, 2009).

- To reasonably secure all other physical PHI and protect it from unauthorized viewing.
Files containing PHI are stored in a metal file cabinet at 2648 Graveyard Point Road, Homedale, Idaho, that is protected with a key lock.
When physical files containing PHI need to be transported between locations they are put into a portable metal file case that is protected with a key lock.

- To inform you of the limits of confidentiality when using telephone or mobile phone communication.
The counselor will take reasonable steps to make sure that phone conversations are not overhead by others who are nearby. If others are present who may hear a phone conversation, counselor will take reasonable steps not to verbally disclose any identifying information regarding the client. The counselor may end a phone conversation with the client if there is a chance the client's privacy may be compromised.

The counselor cannot guarantee that phone communications are not being intercepted through some unlawful means. Therefore, discussing PHI in a phone conversation presents risks that are assumed by the client when they consent to communicate over a cellular or telecommunications network.

- To notify you in the event there is a breach of your privacy.
We will let you know within 48 hours if a breach occurs that may have compromised the privacy or security of your stored personal health information.

- To have a policy for storage and protection of your ePHI and PHI after termination of your case and in the event the counselor is incapacitated.

We keep records for seven years beyond the date of your last appointment or five years beyond your child's 18th birthday if they were the client. Some insurance contracts require records to be kept for 10 years after therapy.

If this counselor becomes incapacitated or deceased, all PHI and ePHI will be transferred to: TFP Therapeutic Services, PO Box V, Ontario, OR 97914. In the event you die and surviving relatives or others you have included in your counseling seek information from this counselor, she reserves the right to use her own discretion on what may be appropriate to share regarding their grief and suffering.

If there is anyone you specifically NEVER want information please discuss this with your counselor so your wishes will be noted in your file and followed explicitly.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html
( Type Full Name )
Professional Disclosure Statement


Peggy A. McFarland, LPC, NCC

Mailing Address: 2648 Graveyard Point Road, Homedale, ID 83628

Office Address: 1015 Caldwell Blvd., Nampa, ID 83651

Phone: 541-417-0837 Email: peggy@healthytranstionsforgirls.com website: healthytransitionsforgirls.com

Philosophy and Approach: My philosophy encompasses the belief that the mind, body, spirit, and emotions are holistically interconnected. I utilize an eclectic approach which includes cognitive behavioral therapy, sand tray therapy, mindfulness strategies, and Emotional Freedom Technique (EFT) which is a research-validated energy psychology strategy.

Education and Training: I hold a Masters Degree in Mental Health Counseling from
Capella University, a CACREP accredited institution. I am certified with the National Board of Certified Counselors (NBCC). I participate in continuing education as required by the NBCC. I am a Licensed Professional Counselor (LPC) in the State of Idaho and the State of Oregon.

As a Licensee of the Oregon Board of Licensed Professional Counselors and Therapists
Oregon Board of Professional Counselors and Therapists and the Idaho Bureau of Occupational Licenses, I will abide by their respective Code of Ethics. To maintain my license I am required to participate in 20 units of continuing
education annually, taking classes dealing with subjects relevant to this profession.

Fees: For individual therapy my fees range from $75 to $150. Group rates are $25 to $45 per session. 

As a client of an Oregon Licensee you have the following rights:

- To expect that I have met the minimal qualifications of training and experience required by state law.
- To examine publics records maintained by the Board and to have the Board confirm my credentials.
- To report complaints to the Board.
- To obtain a copy of the Code of Ethics (OAR 833-100) upon request.
- To be informed of the cost of services before receiving the services.
- To be assured of privacy and confidentiality while receiving services as defined by rule and law, with the following exceptions:

1) reporting suspected child or elder abuse;
2) reporting imminent danger to client or others;
3) reporting information required by third party payers, court proceedings or relevant agencies;
4) providing case information to intern's supervisor;
5) defending claims brought by client against licensee.

- To be free from discrimination because of age, color, culture, disability, gender, religion, sexual orientation, marital or socioeconomic status.

You may contact the Oregon Board of Licensed Professional Counselors and Therapists:
Mailing Address: 3218 Pringle Road, SE #250, Salem, OR 97302-6312. Telephone: (503) 378-5499
Email: lpct.board@state.or.us Website: www.oregon.gov/OBLPCT or the Idaho Bureau of Occupational Licenses: Mailing Address: PO Box 83720, Boise, Idaho 83720-0063, Telephone: (208) 334-3233, Email: ibol@Idaho.gov, Website: https://ibol.idaho.gov/IBOL/

( Type Full Name )