Notice of Privacy Practices · Heale Behavioral Health
Notice of Privacy Practices

Your information.
Your rights. Our responsibilities.

This notice describes how medical and behavioral health information about you may be used and disclosed, your rights with respect to your health information, and how to file a complaint.

A note from us
We do not sell or market your personal information. As a behavioral health provider certified by the Mississippi Department of Mental Health, we follow all applicable federal and state privacy laws.

This notice applies to

  • Heale Behavioral Health LLC
  • Heale Counseling LLC

When you will receive this notice: We will provide this notice no later than the date of your first service with us. You may request a paper or electronic copy at any time.

Important: This notice covers two federal privacy laws — the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2, which provides additional protections for substance use disorder (SUD) records. Where these laws overlap, the stricter protection applies.

PART ONE

Your Rights

This section explains your health information rights and our responsibilities to help.

01

Consent to Use or Share Your Information

General Health Records (All Clients)

We may use and share your general health information for treatment, payment, and health care operations without your specific written consent, unless you instruct us otherwise. A separate written authorization is required for uses and disclosures beyond those described in this notice.

Substance Use Disorder Records — 42 CFR Part 2

Every client is covered by HIPAA. If you also have substance use disorder (SUD) records with us, those records receive an additional layer of federal protection under 42 CFR Part 2. We must obtain your written consent before using or sharing your SUD records for all purposes except those specifically listed in Part Three, Section C of this notice, which describes the limited circumstances where disclosure is permitted without your consent.

Your written consent must include the content required by 42 CFR § 2.31 — identifying the program disclosing your information, the recipient, the purpose, the scope of information, the expiration of consent, and your right to revoke. A single written consent may authorize all future uses and disclosures for treatment, payment, and health care operations; you are not required to sign a new consent for each individual disclosure within that scope.

  • You may provide a single consent covering all future uses and disclosures for treatment, payment, and health care operations.
  • You may also provide consent for more limited purposes; however, this may affect the services we can provide or how you pay for services.
  • You may revoke your consent in writing at any time. Revocation does not affect disclosures already made in reliance on a prior consent.

SUD Counseling Notes — Heightened Protection: Notes recording the contents of conversations between you and your SUD counselor receive an additional layer of protection, similar to HIPAA psychotherapy notes. We will not use or share these counseling notes without your specific written consent for that purpose, except as permitted by law — such as for your ongoing treatment by the counselor who created the notes, in a proceeding in which we are a defendant, for HHS oversight, or in a medical emergency.

HIPAA Authorization and Part 2 Consent — Distinct Legal Instruments

HIPAA requires a written Authorization meeting the content requirements of 45 CFR § 164.508 for disclosures beyond this notice, such as releasing records to an outside party at your request. 42 CFR Part 2 requires written Consent meeting the content requirements of 42 CFR § 2.31 for disclosures of your SUD records. These are distinct legal instruments with different required content, different revocation rules, and different legal consequences. Depending on the disclosure, we may use a single integrated form that satisfies both requirements, or we may ask you to sign separate forms. We will explain each form when it is presented to you.

02

Get a 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. You may access your records at any time through our secure client portal, or by contacting our Privacy Officer.
  • Under the 21st Century Cures Act, you have the right to access your electronic health information through our client portal without unreasonable delay or interference.
  • We will provide a copy or summary of your health information within 30 days of your request. If we need additional time, we may take one 30-day extension and will notify you in writing before the original 30 days expire. We may charge a reasonable, cost-based fee.
03

Ask Us to Correct Your Medical Record

  • You can ask us to correct health information about you that you think is incorrect or incomplete.
  • We may say "no" to your request, but we will tell you why in writing within 60 days. If we need additional time, we may take one 30-day extension and will notify you in writing before the original 60 days expire.
04

Request Confidential Communications

  • You can ask us to contact you in a specific way (for example, home, office, or cell phone) or to send mail to a different address.
  • We will say "yes" to all reasonable requests.
05

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, for example, it could affect your care. If we agree to your request, we may still share this information in the event that you need emergency treatment.
  • 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 requires us to share that information.
06

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 up to six years prior to the date you ask, who we shared it with, and why.
  • We will include all disclosures except those about treatment, payment, health care operations, and certain other disclosures (such as any you asked us to make). We'll provide one accounting per year for free; a reasonable fee may be charged for additional requests within 12 months.
  • For electronic health records, you may also request a list of health care providers who received your information through certain third parties.
  • If you have substance use disorder records with us subject to 42 CFR Part 2, you have an equivalent right to an accounting of disclosures of those records, consistent with the 2024 updates to Part 2.
07

Choose in Advance About Fundraising

You have the right to a clear and obvious notice in advance of, and a choice about whether to receive, fundraising communications from us. This right applies whether or not your substance use disorder records are involved. If you tell us not to contact you for fundraising purposes, we will honor that request.

08

Choose Someone to Act for You

  • If someone has authority to act as your personal representative — such as someone with your medical power of attorney or your legal guardian — that person can exercise your rights and make choices about your health information.
  • We will verify that the person has this authority before we take any action.
09

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.

10

File a Complaint if You Feel Your Rights Are Violated

  • You can complain to us if you feel we have violated your rights by contacting our Privacy Officer.
  • 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 hhs.gov/hipaa/filing-a-complaint.
  • We will not intimidate, threaten, coerce, discriminate against, or take other retaliatory action against you for filing a complaint or exercising any of your privacy rights.
PART TWO

Your Choices

For certain health information, you can tell us your choices about what we share. Talk to us and we will follow your instructions.

You Have the Right and Choice to Tell Us To

  • Share information with your family, close friends, or others involved in your care or payment for your care.

If you are not able to tell us your preference (for example, if you are unconscious), we may share your information if we believe it is in your best interest. We may also share your information with a person or persons reasonably able to prevent or lessen a serious and imminent threat to health or safety, when sharing is necessary to lessen that threat.

We Never Share Your Information Without Written Authorization For

  • Marketing purposes
  • Sale of your information
  • Psychotherapy notes, except as permitted by law — such as for your ongoing treatment by the clinician who created the notes, for training programs supervised by that clinician, in a legal proceeding in which we are a defendant and the notes are necessary for our legal defense, for HHS compliance oversight, or in a medical emergency where the notes are needed for your treatment

Fundraising Communications

We may contact you for fundraising efforts, but you can tell us not to contact you again at any time. If we have your substance use disorder records subject to 42 CFR Part 2, we will provide you with a clear and meaningful choice about whether to receive fundraising communications that use your Part 2 information at or before your first appointment with us, or as soon as reasonably practicable thereafter, and in any case before sending any such communications.

PART THREE

Our Uses & Disclosures

How we use and share your health information, and the legal basis for doing so.

Important — Substance Use Disorder Records (42 CFR Part 2)

In all cases described below, if we have substance use disorder records about you subject to 42 CFR Part 2, we cannot use or share information in those records in any civil, criminal, administrative, or legislative investigation or proceeding against you without (1) your written consent, or (2) a court order accompanied by a subpoena. This protection is stronger than general HIPAA protections and applies in every circumstance described in this notice.

Minimum Necessary Standard

In all uses and disclosures of your health information — other than for treatment purposes — we limit what we use or share to the minimum amount of information reasonably necessary to accomplish the intended purpose. We do not share more than is needed.

A ·Treatment, Payment, and Operations

Consent Requirements Differ by Record Type

General Health Records: We may use and share your general health information for treatment, payment, and operations without a separate written consent. This is permitted by law under HIPAA.

Substance Use Disorder Records (42 CFR Part 2): Written consent meeting the requirements of 42 CFR § 2.31 is required before we may use or share your SUD records for treatment, payment, or operations. A single written consent may authorize all such future uses; you do not need to sign a new consent each time. The consent may be included in an integrated intake form so long as it contains the required content.

Treat You

We can use your health information and share it with other professionals who are treating you.

Example: A clinician treating you asks a specialist about your overall health condition or current medications to coordinate your care.

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 use health information about you to manage your treatment and services and to evaluate the quality of care we provide.

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 give information about you to your health insurance plan so it will pay for your services.

B ·Other Consent-Based Uses (42 CFR Part 2)

With your specific written consent, we may also use or share your substance use disorder records for the following purposes:

  • Share information with whomever you name in a consent form.
  • Report participation in treatment required by the criminal justice system. Note: this consent must be obtained as a specific condition of a criminal justice referral, not through a general intake consent, and the consent form must identify the criminal justice agency that referred you (42 CFR § 2.35).
  • Prevent multiple enrollments in withdrawal management or maintenance treatment programs (42 CFR § 2.34).

C ·Uses and Disclosures That Do Not Require Your Consent

We are allowed or required to share your information in certain ways without your consent — usually in ways that contribute to the public good. We must meet many legal conditions before sharing your information for these purposes. In all cases, we share only the minimum necessary information.

Internal Communications and Contractors

We can share your information within our organization, with an entity that has administrative control over our program, and with contractors who help us run our program. Any contractor who receives your health information must sign a Business Associate Agreement (BAA) as required by HIPAA, committing them to protect your information and use it only for permitted purposes.

Disaster Relief

In a disaster relief situation, we may share information necessary to assist recognized disaster relief organizations (such as the American Red Cross) with coordinating relief efforts. We will seek your agreement when possible. If you are unable to agree or object due to the circumstances of the emergency, we may share your information in the exercise of professional judgment under 45 CFR § 164.510(b)(4) when doing so does not interfere with the ability to respond to the emergency circumstances.

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

Note: For substance use disorder records, we can only share de-identified information for public health purposes — not information that identifies you — except in the case of mandatory reporting obligations described in the Mississippi Law section below.

Medical Emergencies

We can share your information during a bona fide medical emergency with the personnel and health care providers responding to your emergency, even when you are unable to consent because of the emergency.

FDA Safety Notifications

Under 45 CFR § 164.512(b)(1)(iii), we may share your identifying information to assist the U.S. Food and Drug Administration in activities related to the quality, safety, or effectiveness of an FDA-regulated product or activity — for example, to notify you or your doctor about unsafe products you may be using.

Health Research

We can use or share your information for health research when appropriate legal safeguards are in place. For substance use disorder records, researchers cannot include any client-identifying information in their reports about the research.

Comply with the Law

We will 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.

Organ and Tissue Donation

We can share health information about you with organ procurement organizations as permitted by law.

Medical Examiners and Funeral Directors

We can share health information with a coroner, medical examiner, or funeral director when an individual dies, as required or allowed by applicable law.

Report Suspected Child Abuse and Neglect

We will report suspected child abuse or neglect as required by state law (Miss. Code Ann. § 43-21-353). We will disclose only the minimum information required by law.

Prescription Drug Monitoring Program (PDMP)

We may report prescribed substance use disorder treatment medications to the Mississippi Prescription Monitoring Program (Miss. Code Ann. § 73-43-11) when required by state law. Under the 2024 amendments to 42 CFR Part 2 (§ 2.36), such reporting may occur without your consent where state law mandates it.

Prevent or Reduce Crime in Our Program

We may report to law enforcement when a client commits or threatens to commit a crime within our program or against our staff, limited to the information necessary to report the crime or threat.

Workers' Compensation, Law Enforcement, and 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, subject to applicable legal standards
  • With health oversight agencies for activities authorized by law
  • For special government functions such as military, national security, and presidential protective services
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, subject to the additional requirements for substance use disorder records described in Section D below.

For your general health records, we will only respond to a subpoena that is not accompanied by a court order after receiving satisfactory assurance under 45 CFR § 164.512(e) that you have been notified of the request, or that the requesting party has sought a qualified protective order.

Management Audits and Program Evaluations

We can use or share your information to improve the quality of our services, obtain needed credentials, and cooperate with oversight agencies authorized by law, as long as those who view or receive the information agree to destroy or return it when finished and agree not to use it against you.

D ·Special Rules for SUD Records: Legal Proceedings

42 CFR Part 2 — Court Orders and Legal Proceedings

We must follow specific procedures before using or sharing your substance use disorder information in investigations or legal proceedings:

  1. We will not use or share your information or provide testimony about your information in any civil, administrative, criminal, or legislative proceeding against you without your written consent or a court order.
  2. We will only respond to a court order if it is accompanied by a subpoena or other similar legal mandate requiring us to comply.
  3. We will only share your information in proceedings against you based on a court order after you have received notice and an opportunity to be heard, or after you inform us that you have received notice.
  4. We may share your information to respond to legal proceedings against our program based on a court order; you may not be notified in advance, but you have the right to seek to overturn or change the court order after you learn about it.

E ·Redisclosure Rules

When you consent to uses and disclosures for all future treatment, payment, and health care operations, we may share your information with other substance use disorder treatment programs, providers, and health care businesses for those activities. If the recipient is subject to HIPAA, they may use and share your information again without your consent for the purposes HIPAA allows.

However, your substance use disorder information still cannot be used in legal proceedings against you unless (1) you consent or (2) a Part 2 court order accompanied by a subpoena authorizes such use. Any disclosure made with your consent will include a written notice to the recipient stating that the information is protected under 42 CFR Part 2 and that further disclosure is prohibited without your consent or a court order.

PART FOUR

Our Responsibilities

  • We are required by law to maintain the privacy and security of your protected health information.
  • We are required to obtain your written consent before all uses and disclosures of your substance use disorder records except those specifically described in Part Three, Section C of this notice.
  • We will notify you without unreasonable delay and within 60 days of discovering a breach that may have compromised the privacy or security of your information.
  • We will share only the minimum necessary information in all disclosures that are not for treatment purposes.
  • We must follow the duties and privacy practices described in this notice and give you a copy of it.
  • We will not use or share your information other than as described in this notice unless you authorize us to do so in writing. If you authorize us, you may revoke that authorization in writing at any time. Revocation will not affect disclosures already made in reliance on your authorization.

Changes to the Terms of This Notice

We reserve the right to change the terms of this notice, and the changes will apply to all information we have about you. We are required to follow the terms of this notice currently in effect. The updated notice will be available upon request, in our office, and on our website.

PART FIVE

Mississippi State Law Protections

Mississippi law provides additional privacy protections that apply to our clients.

As a provider licensed and certified by the Mississippi Department of Mental Health (DMH), Heale Behavioral Health LLC and Heale Counseling LLC comply with all applicable Mississippi state privacy laws, which in several areas provide greater protections than HIPAA alone.

Mental Health Records — Miss. Code Ann. § 41-21-97

Mental health treatment records are confidential under Mississippi law. We will not disclose your mental health treatment records without your written consent, except in the following circumstances specifically authorized by law:

  • To another provider involved in your care where you have provided written authorization at intake or thereafter
  • To a person you have separately authorized in writing to receive the records
  • As required by a court order issued by a Mississippi court of competent jurisdiction
  • In a genuine medical emergency where disclosure is necessary for your immediate treatment
  • As required by another Mississippi or federal law (e.g., mandatory reporting obligations described below)
  • For legitimate research purposes with appropriate IRB-approved safeguards to protect your identity

Note: The duty to warn an identifiable third party of a credible, imminent threat of harm arises under Mississippi common law and professional ethical obligations, and is distinct from § 41-21-97's statutory exceptions. In such circumstances, we will disclose only the minimum information necessary to prevent the harm.

Substance Use Disorder Records — Miss. Code Ann. §§ 41-29-135 & 41-30-27 & 42 CFR Part 2

Mississippi law, consistent with federal 42 CFR Part 2 regulations, provides heightened confidentiality for substance use disorder treatment records. Miss. Code Ann. § 41-29-135 (Mississippi Controlled Substances Law) protects records of treatment for controlled substance use, and Miss. Code Ann. § 41-30-27 (Mississippi Alcoholism and Intoxication Treatment Act) separately protects records of alcohol treatment, applying the same heightened confidentiality standards. In accordance with Mississippi law and 42 CFR Part 2, we will never release any substance use disorder treatment records without your written permission, except where specifically authorized or required by law. Records protected under these provisions cannot be used in any civil, criminal, administrative, or legislative proceeding against you without (1) your written consent or (2) a court order accompanied by a subpoena.

Mississippi Mandatory Reporting Obligations

Mississippi law requires us to report the following without your consent:

  • Suspected abuse, neglect, or exploitation of a child (Miss. Code Ann. § 43-21-353)
  • Suspected abuse or neglect of a vulnerable adult — reporting requirement at Miss. Code Ann. § 43-47-37 (Mississippi Vulnerable Adults Act)
  • A credible threat of imminent harm to an identifiable third party, under Mississippi common law duty-to-warn obligations

When we make a mandatory report, we will disclose only the minimum information required by law.

Mississippi Department of Mental Health (DMH) Oversight

As a DMH-certified behavioral health provider, we may be subject to audits, inspections, and evaluations by the Mississippi Department of Mental Health. Records reviewed during such oversight activities are handled under strict confidentiality requirements and may not be used against you.

Minor Clients — Mississippi Minor Health Care Consent Act

We treat clients under the age of 18. Under the Mississippi Minor Health Care Consent Act (Miss. Code Ann. § 41-41-14) and related provisions, a minor may consent to certain mental health and substance use disorder treatment in defined circumstances without parental involvement. The following privacy rules apply to minor clients:

  • Where a minor lawfully consents to their own treatment under Mississippi law, the minor — not the parent or guardian — generally holds the right to control disclosure of those treatment records.
  • Under 42 CFR § 2.14, where state law permits a minor to obtain substance use disorder treatment without parental consent, the minor's written consent is required before we may disclose their SUD records to a parent or guardian.
  • For mental health treatment, the minor's consent may also be required for disclosure depending on the circumstances of treatment and the minor's age and capacity.
  • We will follow all applicable Mississippi statutes, federal regulations, and court orders in determining who may access a minor client's records and who may consent to disclosure.

When a parent or guardian holds legal authority to act on the minor's behalf, they may exercise the minor's rights under this notice. In all cases, we will balance the minor's right to confidential treatment with applicable parental rights as required by law.

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