Confidentiality

The information on this page is applicable for clients engaging in therapy services (i.e., counseling). It is not applicable for clients engaging in coaching services (i.e., parent coaching).

With the specific exceptions described below, you have the absolute right to the confidentiality of your therapy. Your therapist cannot and will not tell anyone else about what you have told them, or even that you are in therapy with them, without your prior written permission. Your meetings are protected by both Federal and State confidentiality laws and by professional codes of ethics. Your therapist will also act so as to protect your privacy even if you do release them in writing to share information about you. On this page, as throughout the Client Rights pages of our website, the word “you” refers to anyone receiving counseling services from Present Mind Counseling, LLC, inclusive of each member of a family, a single individual, or both members of a couple. When receiving services as a couple or family, all individuals attending sessions are considered clients. Therefore, in order for your therapist to disclose identifying information about your sessions with a third party, they need permission from all members of the client group (e.g., all family members attending sessions, both members of a couple). There are some exceptions to these standards, which allow or require your therapist to share information without your consent or authorization:

  1. It is legally required of your therapist to act so as to prevent physical harm to others or to society when there is a “clear and imminent” danger of that happening.

  2. If your therapist believes that you present a clear and substantial risk of imminent, serious harm to another person, or the public, they are required to take protective actions (e.g., contacting the police, seeking hospitalization for you, or notifying the potential victim).

  3. If your therapist believes that you are in imminent danger of harming yourself, your therapist may legally break confidentiality and call the police or the county crisis team. Your therapist may not be obligated to do this and would explore other options with you before taking this step.

  4. If your therapist believes that you are abusing or neglecting a child or vulnerable adult, or if you give your therapist information about someone else that is doing this, your therapist legally must inform the appropriate authorities (e.g., police, Child Protective Services).

  5. Your therapist may have to release clinical information regarding you to insurance carriers as required for payment or review of your claim.

  6. Your therapist may have to release your records when ordered to do so by court subpoena. However, your therapist will discuss the details of privilege with you beforehand and request a written release from you if your therapist judges this to be in your best interest.

  7. If a client files a complaint or lawsuit against a therapist, the therapist may disclose relevant information regarding that client in order to defend themself.

  8. If a client files a worker’s compensation claim, the client automatically authorizes their therapist to release any information relevant to that claim.

  9. Disclosures to collect overdue fees are permitted by law.

  10. Your therapist may use electronic transmission to send treatment plans, reports or evaluations to your insurance company, specific agencies, or other providers.

You are also protected under the provisions of the Federal Health Insurance Portability and Accountability Act (HIPAA). Please also see our Notice of Privacy Practices and HIPAA standards. This law ensures the confidentiality of all electronic transmission of information about you. Whenever Present Mind Counseling, LLC transmits information about you electronically (for example, sending bills or faxing information), it will be done with special safeguards to ensure confidentiality.