What is HIPAA and PHI?

Protected health information (PHI), also referred to as personal health information, is the demographic information, medical histories, test and laboratory results, mental health conditions, insurance information and other data that a healthcare professional collects to identify an individual and determine appropriate care.

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is the primary federal law that oversees the use of, access to and disclosure of PHI in the United States. HIPAA defines PHI as data that relates to the past, present or future health of an individual; the provision of healthcare to an individual; or the payment for the provision of healthcare to an individual. HIPAA regulates how this data is created, collected, transmitted, maintained and stored by any HIPAA-covered organization.

Confidentiality Policy:  

Bardwell Behavioral strictly adheres to all privacy and confidentiality laws noted above. Confidentiality is what makes therapy work. It is essential as it protects treatment for everyone involved. Individual Therapy: You must be have your camera turned on so that your provider is able to complete any necessary assessments, and ensure you are in a safe and private space. Group Therapy: You may only participate in virtual group therapy from a private location where outside parties are not able to hear you or group participants. We recommend using noise machines for folks that are cohabitating.  Clients agree not to disclose any information that is shared in the treatment groups to anyone outside of the group. This includes family members and significant others, who may, out of genuine interest and concern, ask questions about treatment. We encourage clients to respond to these inquiries by commenting only on your own experience and progress, while abstaining from discussing other patients’ life experiences.  

• Private relationships, which cannot be discussed in group, are not acceptable. Difficulties may arise when a relationship cannot be discussed, as this could result in a group member finding it very uncomfortable to participate in and use groups to the extent needed.
• All information discussed during individual and/or group therapy sessions will remain confidential and will not be revealed without your written permission, unless one of the following conditions applies:

• If you are determined suicidal or homicidal, your clinician will be obligated to take special precautions in order to ensure no harm is done. If suicidal tendencies are observed, your clinician may need to contact friends, family members or other helping professionals in order to protect you. If you threaten to harm another person, your clinician is obligated to inform the police and attempt to warn the intended victim.
• If a reasonable suspicion of child or elder abuse exists, the clinician is obligated to inform the local protection agencies in order to protect the individual.
• If you make your psychological status an issue in a court of law, or your evaluation has been ordered by a court of law, your clinician may be legally obligated to disclose aspects of your assessment and therapy to the court (such as diagnosis and number of sessions; specific details are rarely relevant to court proceedings).
• Your clinician may need to discuss your problems with another professional in order to ensure you get the best possible treatment that is available. When this is done, your name or other identifying information will not be revealed.
• Certain basic information may be released to your insurance company as is required by them to pay your insurance claims. This information is not released to your employer as a matter of course. 
• In the event of a medical emergency, disclosure may be made to medical personnel.
• Disclosure may be allowed by a court order.
• If the clinician that you are working with is an intern, they will be under the close supervision of a licensed professional with whom your treatment will be discussed. Both supervisors and interns adhere to the rules and limits of confidentiality discussed above.