Legal · HIPAA Notice of Privacy Practices

Notice of Privacy Practices

Effective date: [TBD]. Last updated: [TBD]. Privacy Officer: office@pasadenaclinicalgroup.com · (626) 354-6440.

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.

Our pledge

Pasadena Clinical Group ("we," "us," "our," the "Practice") is required by law to protect the privacy of your health information ("Protected Health Information" or "PHI") under the federal Health Insurance Portability and Accountability Act of 1996, as amended by the HITECH Act (HIPAA, 45 C.F.R. Parts 160 and 164); the California Medical Information Act ("CMIA," Civil Code § 56 et seq.), which is in many respects stricter than HIPAA; the Lanterman-Petris-Short Act protections for mental-health records (Welfare & Institutions Code § 5328 et seq., where applicable); and, when treating substance-use-disorder records covered by federally assisted programs, 42 C.F.R. Part 2. Where federal and state law differ, we apply the standard most protective of you. This Notice is provided pursuant to 45 C.F.R. § 164.520 and California Civil Code § 56.10.

Uses and disclosures of PHI

Without your authorization (HIPAA permitted)

• Treatment. To coordinate care with other providers you've authorized us to communicate with.
• Payment. To bill insurance and obtain reimbursement.
• Healthcare operations. Quality improvement, training, compliance.
• As required by law. Including the California mandatory reporting situations described under "Limits to confidentiality" in our Treatment Consent document.
• Public health activities, judicial/administrative proceedings (with appropriate process), workers' compensation, and other limited categories per HIPAA.

With your written authorization

All other uses and disclosures require your written authorization, which you may revoke at any time. Specifically requiring written authorization: marketing communications, sale of PHI, and most uses of psychotherapy notes (which under HIPAA receive heightened protection separate from your standard medical record).

California-specific rights and protections

CMIA (Civil Code §56 et seq.) provides protections beyond HIPAA, including stricter authorization requirements for marketing. Mental health records additionally receive heightened protection under Welfare & Institutions Code §5328 where applicable.

You have the right under California Health & Safety Code §123100 et seq. to inspect and copy your records (with limited exceptions). California requires us to provide records within statutory timelines once requested in writing.

Your rights under HIPAA + CMIA

• Right to inspect and copy (45 C.F.R. § 164.524; California Health & Safety Code §§ 123100–123149.5). You may inspect or obtain a copy of your designated record set in paper or electronic form, subject to limited exceptions (including, where applicable, the special protections for psychotherapy notes). California H&SC § 123110 governs response times and copying fees.
• Right to amend (45 C.F.R. § 164.526). You may request that we amend records you believe are inaccurate or incomplete; we may deny in limited circumstances and you may submit a statement of disagreement.
• Right to an accounting of disclosures (45 C.F.R. § 164.528). You may request a list of certain disclosures we have made for the prior six (6) years, excluding disclosures for treatment, payment, healthcare operations, and certain other categories.
• Right to request restrictions (45 C.F.R. § 164.522). You may ask us to limit certain uses or disclosures. We must agree to a request to restrict disclosure to a health plan when the service has been paid for in full out-of-pocket and the disclosure is for payment or healthcare operations.
• Right to confidential communications (45 C.F.R. § 164.522(b)). You may request that we communicate with you in a specific manner or location.
• Right to be notified of a breach per the HIPAA Breach Notification Rule (45 C.F.R. §§ 164.400–.414) and California Civil Code § 1798.82.
• Right to revoke an authorization at any time, in writing, except to the extent we have already acted in reliance on it.
• Right to a paper copy of this Notice upon request, even if you have agreed to receive it electronically.

Our duties

We are required to maintain the privacy of PHI, provide this Notice, abide by its terms, and notify you of material changes. We may not retaliate against you for exercising any right under HIPAA or California law.

Complaints

If you believe your privacy rights have been violated, you may file a complaint with our Privacy Officer (above), with the U.S. Department of Health and Human Services, Office for Civil Rights (hhs.gov/hipaa/filing-a-complaint; 1-800-368-1019), with the California Department of Public Health or the California Attorney General, or with the appropriate California licensing board for the clinician (e.g., the California Board of Psychology or the Board of Behavioral Sciences). We will not retaliate against you for filing a complaint.

Limitation of liability

Nothing in this Notice creates a private cause of action that does not otherwise exist under HIPAA, the CMIA, or other applicable law, and nothing in this Notice waives any defense, immunity, or limitation otherwise available to the Practice or any other Indemnified Party (as defined in our Terms & Conditions). The Practice's performance is excused to the extent caused by events beyond its reasonable control. Disputes arising under or relating to this Notice that are not required by law to be heard in a specific judicial or administrative forum (such as the OCR complaint process) are subject to the dispute-resolution provisions of our Terms & Conditions, including mandatory mediation and binding individual arbitration in Los Angeles County, California.

Changes to this Notice

We reserve the right to change this Notice and to make new provisions effective for all PHI we maintain. Updated versions will be posted in the office and on this website with the revised effective date. Upon request you may obtain the current version. Changes apply to PHI we already maintain as well as PHI we receive in the future.