Privacy & Confidentiality
ACA and NBCC Code of Ethics require confidence of all information disclosed during your sessions, including the fact of meeting with a therapist. If you would like certain information to be provided to a third party, you must complete a written release of information. The following rights are guaranteed for every client(s) for clinical therapy services, and will be presented orally and offered in writing to each applicant/client(s) (or parent/guardian) for services.
1.You will not be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely because you are a recipient of mental health services (in accordance with Chapter 2 of the Mental Health and Development Disabilities Code; IL Rev. Stat. 1991, chap.91.2. Par.2-100 et seq.)
2. Based on the Illinois Mental Health Confidentiality Act (IL Rev. Stat. 1991, chap.91 2, par. 801 et seq.) and the HIPAA Privacy Act, all records and communication regarding you and services provided will be kept confidential. You, a guardian or a person you designate in writing has the right to inspect your clinical records in the presence of your therapist, and to submit a written statement regarding it, to become a permanent part of your written records. Information may be disclosed without written permission in the following situations only:
- If you are a clear and imminent danger to yourself or to others, to protect you or others from harm, as required by law disclosure of your information or actions will be taken to protect you or another person from physical harm. Protective actions may include contacting the police or initiation of involuntary hospitalization. This action is taken only as a last resort and to prevent harm to someone.
- When child abuse, elder abuse or abuse of a disabled person is reported and/or suspected, the State of Illinois requires that it be reported to the appropriate state agencies. As federally mandated reporters, all service providers are required by law to report such suspicions to DCFS, the appropriate Senior Abuse Agency, or the OIG immediately.
- When a court issues a legitimate subpoena and the court determines that confidentiality is not privileged. The client will be notified prior to release if possible; otherwise in writing within 48 hours. Crystal S. Madison will take all proper legal actions to prevent release of information when such release is contrary to the client’s wishes.
- Your insurance company/third party payer has the right to request information for the determination of eligibility of payment of your services. Your signature on the Informed Consent gives consent to disclose dates of treatment, type of treatment and the nature of the issues being treated, including a diagnosis.
If any of the above situations occur, Crystal S. Madison will make every effort to fully discuss it with you before taking any action.
Consultation
Consultation is a standard and ethical part of high quality mental health practice. Periodically consultation will occur with other experienced licensed mental health professionals regarding your treatment. During consultation limited information is shared and client identity is protected. The consultant is also bound to keep the information confidential.
Questions and Complaints
If you believe your privacy rights have been violated, please contact Crystal S. Madison immediately to discuss your concerns. After we discus the matter and you feel it was not resolved, you may file a complaint with the Secretary of Health and Human Services, Office of Civil Rights. There will be no retaliation for filing a complaint.
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