Privacy Policy

This policy describes how Swandive Counseling, LLC protects information about its clients and their treatment, how it may be disclosed, and how clients can obtain access to this information.

Swandive Counseling, LLC protects its clients’ confidentiality and meets requirements of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Florida statutes, and the ethical standards put forth by the American Counseling Association.  I will not share with another individual or entity any Protected Health Information (PHI - individually identifiable information relating to the past, present, or future health status of an individual) or other information about my clients and/or the services provided to them without their prior written consent except under the following circumstances:

1.       Where mandated to do so: 

  • I have knowledge or reasonable suspicion of the sexual battery, abuse, neglect, or abandonment of a child or sexual battery, abuse, neglect, or exploitation of a vulnerable adult.

  • Counselors are mandated reporters under §39.201(1)(a) of the Florida Statutes and must report to the Florida Department of Children and Families (DCF).

  • The court orders such release.

  • The client is committed or returned to the Department of Corrections from the Department of Children and Families, and the Department of Corrections requests such records.

  • The client communicates a believable and imminent threat to cause serious bodily injury or death to self or to an identified and readily available person.

In the case that one of these situations arises, I will make every effort to fully discuss it with the client and obtain consent before taking any action, and I will always limit the information provided to the extent permitted.

2.       Where permitted to do so:

  • For Treatment. Client information may be disclosed to those who are involved in providing, coordinating, or managing their care and related services. This includes consultation with clinical supervisors or other mental health professionals about their case.

  • For Payment. Client information may be disclosed in order to receive payment for services provided. This will only be done with client authorization.

  • For Health Care Operations.  Client information may be disclosed in order to support my business activities including, but not limited to, quality assessment activities and conducting or arranging other business activities, provided we have a written contract with the business or individual that requires it to safeguard client privacy.

  • Required by Law. Client information must be disclosed to government agencies for the purpose of investigating or determining our compliance with the requirements of the HIPPA Privacy Rule.

  • Health Oversight.  Client information may be disclosed to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies and organizations that provide financial assistance to the program (such as third-party payors based on a client’s prior consent) and peer review organizations performing utilization and quality control.

  • Law Enforcement.  Client information must be disclosed to a law enforcement official as required by law, in compliance with a subpoena (with a client’s written consent), court order, administrative order or similar document, for the purpose of identifying a suspect, material witness, or missing person, in connection with the victim of a crime, in connection with a deceased person, in connection with the reporting of a crime in an emergency, or in connection with a crime on the premises.

  • Specialized Government Functions. We may review requests from U.S. military command authorities if the client has served as a member of the armed forces, authorized officials for national security and intelligence purposes, and the Department of State for medical suitability determinations.  I will disclose client information based on their written consent, mandatory disclosure laws, and the need to prevent serious harm.

  • Public Health. Client information must be disclosed to a public health authority authorized by law to collect or receive information for the purpose of preventing or controlling disease, injury, or disability, or, if directed by a public health authority, to a government agency that is collaborating with that public health authority.

  • Public Safety.   Client information may be disclosed if it is needed to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. If information is disclosed to prevent or lessen a serious threat, it will be disclosed to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.

  • Verbal Permission. I may also use or disclose client information to their family members that are directly involved in their treatment with verbal permission.

  • Emergency. If the client is involved in a life-threatening emergency and I cannot ask their permission, I will share information if I believe they would have wanted me to do so, or if I believe it will be helpful to them.

CLIENT RIGHTS REGARDING PHI UNDER HIPPA.  Clients have the following rights regarding the PHI I maintain about them.  To exercise any of these rights, clients must submit the request in writing.

  • Right to Request Restrictions. Clients have the right to request restrictions on certain uses and disclosures of their PHI. Clients also have the right to request a limit on the information I disclose about them to someone who is involved in their care or the payment of their care, or to whom they have asked me to disclose information.  I am not required to agree to a requested restriction, but I will do my best to disclose the minimum necessary information. To request restrictions, clients must make the request in writing and tell me: 1) what information they want to limit; 2) whether they want to limit my use, disclosure or both; and 3) to whom they want the limits to apply.

  • Right to Request Confidential Communication by Alternative Means. Clients have the right to request and receive confidential communications of PHI by alternative means and at alternative locations. (For example, clients may not want a family member to know that they are seeing me and request that their bills be sent to another address. Clients may also request that I contact them only at work, or that I do not leave voice mail messages.) To request alternative communication, clients must make the request in writing, specifying how or where they wish to be contacted.

  • Right of Access to Inspect and Copy PHI. Unless client information was compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative proceeding, clients have the right to inspect and copy their mental health and billing records, along with any other records used to make decisions about their care.  Clients may also request that a copy of their records be provided to another person, such as another mental health professional.  Clients’ rights to inspect and copy PHI will only be restricted if I believe it is reasonably likely that access would endanger their life or physical safety, or cause them or another person substantial harm.  Since many of the records I keep are written in clinical language and subject to misinterpretation, I may offer to review the records with clients during a scheduled session instead, or provide them with a summary of the information they contain.

  • Right to Amend. If a client believes that the PHI I have about them is incorrect or incomplete, they may ask me to amend it, although I am not required to comply.  The request must be in writing, and it must provide the reason that supports the request.  I may deny the request if is asks me to amend information that: 1) was not created by me; 2) is not part of the medical information kept by me; 3) is not part of the information which the client would be permitted to inspect and copy; 4) is accurate and complete.  If the request is to amend information that was not created by me, I will add the requested amendment to the record, rather than strike the original information.  

If I deny the request for amendment, the client has the right to file a statement of disagreement. I may prepare a rebuttal to the statement and will provide the client with a copy.

  • Right to an Accounting of Disclosures. Clients have the right to receive an accounting of disclosures of PHI for which they were not required to provide consent or authorization.

  • Right to a Copy of this Notice. Clients have the right to a paper copy of this notice.

Complaints.  If a client believes I have violated their privacy rights, they have the right to file a complaint in writing with me OR with the Secretary of Health and Human Services at 200 Independence Avenue, S.W. Washington, D.C. 20201 OR by calling (202) 619-0257. I will not retaliate against a client for filing a complaint.

Changes to this notice. I reserve the right to change my privacy policies and/or change this notice, and to make the changed notice effective for medical information I already have about clients as well as any information I receive in the future. If there are changes, a new copy will be given to clients or posted in the waiting room. I will provide copies of the current notice upon request.