THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU OR YOUR CHILD MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Purpose of This Notice
Kid CenterEd, PLLC provides pediatric neuropsychological evaluations, psychological and educational evaluations, consultation, and related services.
In providing these services, Kid CenterEd creates, receives, maintains, and uses information about a patient’s health, development, learning, behavior, emotional functioning, medical and educational history, evaluation, and care.
This Notice explains how Kid CenterEd may use and disclose protected health information, or PHI, and describes the rights patients and their parents or legally authorized representatives have regarding that information.
Scope of This Notice
This Notice applies to PHI created, received, maintained, or transmitted through Kid CenterEd’s clinical and administrative operations.
It does not generally apply to information collected through the public Kid CenterEd website, which is governed by our Website Privacy Policy. The public website is not intended for transmission of detailed health information.
If information submitted through the website later becomes part of a patient’s clinical record, it will be handled as PHI.
Our Legal Responsibilities
Kid CenterEd is required to:
- Protect the privacy of PHI as required by law.
- Provide patients and their authorized representatives with notice of our legal duties and privacy practices.
- Follow the terms of the Notice currently in effect.
- Maintain appropriate administrative, physical, and technical safeguards.
- Notify affected individuals following a breach of unsecured PHI when notification is required by law.
Access to clinical information is limited to individuals who require the information for patient care or legitimate practice operations.
How We May Use and Disclose PHI
Treatment and Coordination of Care
We may use or disclose PHI to provide, coordinate, or manage evaluation and related healthcare services.
When appropriate and permitted by law, this can include communicating with physicians or other healthcare professionals involved in a patient’s care.
Payment
We may use or disclose PHI as necessary to obtain payment for services. This may include preparing invoices, receipts, or superbills and responding to appropriate requests related to reimbursement.
Healthcare Operations
We may use PHI for activities necessary to operate Kid CenterEd, including:
- Quality improvement
- Professional supervision and training
- Credentialing
- Licensing and accreditation
- Compliance activities
- Internal review
- Business planning
- Administrative operations
- Other activities permitted by law
Other Uses and Disclosures Permitted or Required by Law
Kid CenterEd may use or disclose PHI without written authorization when permitted or required by law. Circumstances may include:
- Mandatory reporting of suspected abuse or neglect
- Public-health activities
- Health-oversight activities
- Legally valid court or administrative proceedings
- Workers’ compensation matters where applicable
- Disclosures required by law
- Situations involving a serious threat to health or safety
Kid CenterEd will comply with applicable federal and Massachusetts requirements governing such disclosures.
Minimum Necessary Standard
When the HIPAA minimum-necessary standard applies, Kid CenterEd makes reasonable efforts to limit PHI used, disclosed, or requested to the amount reasonably necessary to accomplish the intended purpose.
The minimum-necessary requirement does not apply in every situation, including certain disclosures for treatment or disclosures otherwise excluded from the requirement by law.
Schools and Educational Records
Neuropsychological evaluations frequently involve information obtained from schools and may result in recommendations that families choose to share with educational teams.
Kid CenterEd does not automatically provide a patient’s evaluation, report, diagnosis, or other clinical information to a school simply because the information relates to education.
When authorization is required, Kid CenterEd will obtain written permission from the patient, parent, guardian, or other legally authorized representative before releasing protected clinical information to a school, educational consultant, advocate, or other third party.
Uses and Disclosures Requiring Authorization
Uses or disclosures that are not otherwise permitted or required by law generally require written authorization.
This includes many disclosures to third parties for non-treatment purposes.
Psychotherapy notes, when maintained and when subject to HIPAA’s special protections, generally require separate authorization for disclosure except where the law permits otherwise.
Kid CenterEd will not sell PHI.
Kid CenterEd will not use PHI for marketing in a manner requiring authorization without first obtaining that authorization.
A written authorization may generally be revoked in writing. Revocation does not affect disclosures or other actions already taken in reliance upon a valid authorization.
Parents, Guardians, and Minor Patients
A parent or legal representative is an individual authorized under applicable law to make healthcare decisions or exercise privacy rights on behalf of a patient.
Parents and legal guardians generally exercise HIPAA rights on behalf of minor patients when legally authorized to do so.
Certain circumstances under federal or Massachusetts law may allow a minor to consent independently to particular services, give a minor control over particular health information, or restrict a parent’s or guardian’s access.
Kid CenterEd follows applicable law when determining who may access a record or authorize its disclosure.
Your Rights Regarding PHI
Depending upon applicable law and the circumstances, patients and their authorized representatives have the following rights.
1. Right to Access
You may request to inspect or receive a copy of health records as permitted by law.
Kid CenterEd may charge a reasonable, legally permitted cost-based fee for certain copies or methods of delivery.
2. Right to Request an Amendment
If you believe information in a health record is inaccurate or incomplete, you may request that Kid CenterEd amend it.
Kid CenterEd may deny a request under circumstances permitted by law.
3. Right to an Accounting of Disclosures
You may request an accounting of certain disclosures of PHI. Some disclosures, including many disclosures for treatment, payment, or healthcare operations, are not included in an accounting.
4. Right to Request Restrictions
You may ask Kid CenterEd to restrict certain uses or disclosures of PHI.
Kid CenterEd is not required to agree to every requested restriction.
Where HIPAA requires Kid CenterEd to honor a restriction—including qualifying circumstances involving services paid for completely out of pocket and disclosure to a health plan—Kid CenterEd will comply with that requirement.
5. Right to Confidential Communications
You may ask Kid CenterEd to communicate with you through a particular reasonable method or at a particular location.
6. Right to a Paper Copy
You may obtain a paper copy of this Notice at any time, even if you previously received or agreed to receive it electronically.
7. Right to Complain
You may complain to Kid CenterEd or to the U.S. Department of Health and Human Services, Office for Civil Rights, if you believe privacy rights have been violated.
Kid CenterEd will not retaliate against you for making a good-faith complaint or exercising a privacy right.
Electronic Communications and Telehealth
Kid CenterEd may communicate with patients, parents, guardians, and authorized representatives by telephone, email, text message, secure portal, telehealth platform, or other appropriate electronic means.
When telehealth services are provided, Kid CenterEd uses platforms intended to provide appropriate privacy and security protections. Telehealth sessions are not recorded unless specifically agreed to in writing.
Electronic communication can carry privacy risks. You may ask Kid CenterEd to use another reasonable communication method if you have privacy concerns.
Please do not send detailed medical records, psychological or neuropsychological reports, diagnoses, or other sensitive health information through a general website contact form unless Kid CenterEd specifically provides or directs you to an appropriate secure method.
Business Associates
Kid CenterEd may use outside companies and service providers to support clinical or administrative operations.
When a service provider acts as a HIPAA business associate and has access to PHI, the provider is required to protect the information in accordance with applicable law and contractual requirements.
Record Retention
HIPAA-related documentation is maintained for at least six years as required by applicable law.
Clinical records are maintained in accordance with applicable Massachusetts law, professional requirements, and Kid CenterEd’s record-retention practices. Records involving minor patients may be subject to additional retention requirements.
Breach Notification
If unsecured PHI is compromised in a manner requiring notification, Kid CenterEd will provide required notice without unreasonable delay and within the time required by applicable law.
Questions and Complaints
For questions concerning this Notice, PHI, or privacy rights, or to submit a privacy complaint, contact:
Privacy Officer
Dr. Eavan (Miles-Mason) Durwin
Kid CenterEd, PLLC
747 Main Street, Suite 228
Concord, MA 01742
Phone: (781) 214-0154
Email: info@kidcentered.net
You may also file a complaint with the:
U.S. Department of Health and Human Services
Office for Civil Rights
Kid CenterEd will not retaliate against anyone for filing a complaint or exercising a privacy right.
Changes to This Notice
Kid CenterEd reserves the right to revise this Notice and its privacy practices as permitted by law.
A revised Notice may apply to PHI already maintained by Kid CenterEd as well as information received in the future. The current Notice will be made available through Kid CenterEd and posted on the Kid CenterEd website.