Patient's Rights

  • You have the right to make decisions about your treatment plan. 
  • You have the right to terminate therapy at any time and receive referrals. 
  • You have the right to access your file.
  • You have the right to be informed about any treatment alternatives.
  • You have the right to privacy.
  • You have the right to refuse treatment.
  • You have the right to receive services free of sexual, emotional, and physical abuse.


Links
Professional therapy never includes sex
http://www.dca.ca.gov/publications/proftherapy.shtml

Reporting Misconduct
 You have the right to report a therapist's behavior that you believe is unethical and illegal. 
 Means of reporting include the following forms of action:
  • Administrative Action 
  • Professional Association Action 
  • Civil Action 
  • Criminal Action
You can find more information on reporting misconduct on the Board of Behavioral Sciences (BBS) website.



Notice of Privacy Practices
Effective September, 25, 2015 

This notice describes how confidential information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

If you have any questions please contact:
Jill Garcia, M.A., MFT 86594
(408) 475-5455

MY PLEDGE REGARDING CONFIDENTIAL INFORMATION

Information disclosed about you or your loved ones during sessions private and confidential. I am committed to protecting your confidential information. When you enter into treatment a file is created to document the series that you receive. this notice informs you how i may use and share your confidential or protected health information (“PHI”). It also describes your rights and certain obligations i have regarding the use an disclosure of your information according to two federal laws, federal confidentiality law (42 C.F.R, Part 2) and the health insurance portability and accountability car (HIPPA, 45 C.F.R., Parts 160 and 164). I am required by law to:

  • make sure that PHI linked to you is kept confidential (with some exceptions);
  • give this notice about legal duties and privacy practice with respect to your PHI
  • and follow the terms of the notice that is currently in effect.

These laws prohibit me from disclosing to anyone that you are or were a therapeutic client of mine or your PHI information except where permitted or mandated by federal law. Except as outlines below, I will not use or share your PHI unless you have signed an authorization form that allows me to do so or unless a court issues an order mandating the release of your PHI. You have the right to revoke any and all previous authorizations to release information at any time. However, the revocation will only prohibit further disclosure. if i have already made the authorized disclosure before your revocation, I have acted on your authorization and am not required to retrieve the information that has already been disclosed. All revocations must be in writing.

HOW I MAY USE AND SHARE PROTECTED HEALTH INFORMATION

The following describes how your information may be used without your authorization or written permission. The law limits how I can use and disclose some PHI related to treatment of drug and alcohol abuse, HIV, and mental health status. Not every use of disclosure in a category will be listed. However, all of the ways I am permitted to use and disclose information will fall within one of the following categories. 

1. FOR TREATMENT

As a member of a professional consolation group, I may share your PHI with members of this small legally confidential group of trained therapists as a means of verifying that I am providing you with the fields ethical standard of care. Individuals in this group are held to high ethical standards concerning your confidentiality. Your confidential information cannot be discussed or revealed outside of this without you written authorization unless mandated by law.

2. COMMUNICATIONS WITH FAMILY AND OTHERS WHEN YOU ARE PRESENT

Sometimes a family member, friend personal representative or anyone else involved in your care will be present when we are discussing your PHI. If you object, please tell me and I will terminate the discussion and ask the individual to leave. Individuals between the ages 12-on have the right to make decisions regarding their treatment. Children over the age of 12 have the right to refuse parents access to their treatment and/or files.

3. DISCLOSURES TO PARENTS AS PERSONAL REPRESENTTIES OF MINORS

Children 12+ have a legal right to confidentiality. A release must be signed by a child who is 12 or older if information is to be shared. There are times when PHI will be disclosed to parents of a minor without the clients content. This is only when there is a significant reason to disclose the PHI. For example if the child is heading down a path with imminent danger. Parents of children below the age of 12 will have access to client PHI unless that access could jeopardize the therapeutic relationship and/or put the client in danger.

4. AS REQUIRED BY LAW

As a California mandated reporter, I will use or share your PHI when required to do so by federal, state, or local law. In the event of a court order, an order from the Board of Behavioral Sciences, a search warrant naming the therapist as the subject, or a coroners request for information for the purpose of identify a descendent to locating next of kin or when investigating deaths that may involve a public health concern your files must be surrendered. In addition, section 215 of the Patriot Act of 2001 requires that under certain circumstances psychotherapists must provide information to the FBI without informing the client. 

4B. POSSIBLE DISCLOSURE

  • If during couples/family therapy a secret is discussed with therapist. During joint therapy, I have a “no secrets” policy. This means that I will not keep secrets between participating couples or family members during couples or family therapy. Over the course of treatment, patients will be seen together and may be seen separately. Information obtained in individual sessions will not be kept from partners or family members who are actively participating in joint therapy unless that information is in regards to HIV status or domestic violence. 
  • If you are a high risk of suicide
  • If you are gravely disabled
  • If you are court-ordered and a probation officer is assigned to the case
  • If an authorization is signed and it is determined that the release will not cause psychological harm to the client  



5. TO AVERT A SERIOUS THREAT TO HEALTH OR SAFETY

I may use or share your PHI, as required by law, to prevent or lesson a serious or imminent threat to your health and safety or to that of identifiable others. I will share only information that pertains to the threat.

6. CRIMES COMMITED ON THE PREMISES

I may disclose your PHI to law enforcement to report a crime committed on the office premises or against office personnel.

7. REPORTS OF PUBLIC HEALTH AND SAFETY RISKS

I may disclose your PHI to the appropriate authorities as required by law:

  • to report suspected abuse or neglect of children, elders, dependent adults
  • to report your intent to harm another
  • to report your intent to seriously harm yourself



8. RESEARCH

Rarely, your information may be anonymously used for the purpose of scientific research. THIS IS ONLY POSSIBLE WITH YOUR WRITTEN CONSENT. Great care is taken throughout the review and approval process in balancing patients need for privacy and public health.

9. LAWSUITS ENFORCEMENT AND LEGAL PROCEEDINGS

Your information will not be disclosed in response to a search warrant, subpoena, or investigation demand of any kind including but not limited to locating a suspect, fugitive, missing person, or material witness WITHOUT YOUR WRITTEN CONSENT, A COURT MANDATE, OR IF THE INFORMATION CAN BE DISCLOSED WITHOUT VIOLATING YOUR PRIVACY.

10. OTHER USES OF YOUR PHI

Instance not covered in this notice, WILL REQUIRE YOUR WRITTEN CONSENT. You are free to revoke your consent at anytime, but it must be in writing. Please note that any discloses prior to your termination of consent cannot be taken back. law requires that records are kept of the services that are provided to you. 

YOUR RIGHTS REGARDING YOUT PROTECTED HEALTH INFORMATION

1. RIGHT TO INSPET AND COPY

All documents contained in your PHI are open to inspection with the exception of the psychotherapy notes and information gathered in civil, criminal, or administration action/proceeding. Your detailed request must be submitted in writing 10 days prior to the exchange of information. Records are kept in a locked cabinet behind a locked door for seven years after the cessation of treatment or, for minors, 7 years after the individual turns 18. There are cases where your request may be denied. A detailed response will outline the denial and explain your right to appeal.

2. RIGHT TO AMEND

You have the right to request an alternation to your PHI in the event that it is incorrect or incomplete. A detailed request must be in writing. Your request may be denied if the information was not created by me, is not part of the information I keep, is not part of the information permitted by law to inspect and copy, or is accurate and complete. There are cases when your request may be denied. A detailed response will outline the denial and explain your right to appeal.

3. RIGHT TO AN ACCOUNT OF DISCLOSURE

You have the right to request a list of how your information was used or shared. Your request must be summited in writing.There are cases when your request may be denied. A detailed response will outline the denial and explain your right to appeal.

4. RIGHT TO REQUEST RESTRICTIONS

You can request limited use of your PHI for coordinating treatment or payment accommodations. Your request must be submitted in writing.There are cases when your request may be denied. A detailed response will outline the denial and explain your right to appeal.

5. RIGHT TO REQUEST CONFIDENTIAL COMMUNIXATIONS

You have the right to outline whether or not you would like to be contacted outside of the session. You also have the right to determine how you would like to be contacted.

6. RIGHT TO PAPER COPY OF THIS NOTICE

At any time you may request a copy of this notice.

CHANGES TO THIS NOTICE

The right is reserved to amen, change the policies in the Notice, in accordance to law, effective all information including both current and future PHI.

A current notice will be available to you at any time.

COMPLAINTS

Your question, comments, and concerns are always welcomed. A satisfying resolution is always the desired outcome. f you feel that your rights have been violated, submit a detail written a complaint. If you feel that the issue is not resolved you may contact the Secretary of Health and Human Services. You will not be penalized for filing a complaint.

Contact Information