Legal

Notice of Privacy Practices

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.

Laura Silvester, MA LMFT is required by law to maintain the privacy and security of your protected health information ("PHI") and to provide you with this Notice of Privacy Practices. Laura Silvester, MA LMFT must abide by the terms of this Notice and must notify you if a breach of your unsecured PHI occurs. Laura Silvester, MA LMFT can change the terms of this Notice, and such changes will apply to all information on file. Except for the specific purposes set forth below, your PHI will only be used or disclosed with your written authorization, which you may revoke at any time in writing.

Uses & Disclosures That Do Not Require Your Written Consent

Laura Silvester, MA LMFT may use and disclose your PHI without your authorization for the following reasons:

  1. For your treatment. Your PHI may be disclosed to another health care professional to help coordinate your care, such as a physician or psychiatrist โ€” though the preference is to obtain your authorization first.
  2. To obtain payment for your treatment. Your PHI may be used to bill and collect payment for services, including submission to your insurance company โ€” though again, authorization is preferred.
  3. For health care operations. Your PHI may be used for operational purposes, including consulting with legal counsel to ensure compliance with applicable laws.

Uses & Disclosures That Require Your Authorization

  1. Psychotherapy Notes. Psychotherapy notes (as defined in 45 CFR ยง 164.501) require your authorization unless the use is for your treatment, training of other mental health practitioners, legal defense, HIPAA compliance investigations, required by law, coroner duties, or averting a serious threat to health and safety.
  2. Marketing. Your PHI will never be used for marketing purposes.
  3. Sale of PHI. Your PHI will never be sold.

Uses & Disclosures That Do Not Require Authorization

Your PHI may be disclosed without authorization when required or permitted by law, including:

  1. When required by state or federal law
  2. For public health activities, including reporting suspected abuse or serious threats to safety
  3. For health oversight activities such as audits and investigations
  4. For judicial or administrative proceedings
  5. For law enforcement purposes
  6. To coroners or medical examiners performing authorized duties
  7. For research purposes
  8. For specialized government functions
  9. For workers' compensation purposes
  10. For appointment reminders and health-related benefits or services

Your Rights Regarding Your PHI

  1. Right to request limits on how your PHI is used or disclosed for treatment, payment, or operations.
  2. Right to request restrictions on disclosures to health plans for services you have paid for out-of-pocket in full.
  3. Right to choose how you are contacted โ€” by phone, mail, or other reasonable means.
  4. Right to see and get copies of your PHI (excluding psychotherapy notes). Copies will be provided within 30 days of a written request. A reasonable fee may apply.
  5. Right to a list of disclosures made for purposes other than treatment, payment, or operations. Responses will be provided within 60 days, covering the last six years.
  6. Right to correct or update your PHI. Requests will be responded to in writing within 60 days.
  7. Right to a paper or electronic copy of this Notice at any time upon request.

How to File a Complaint

If you believe your privacy rights have been violated, you may file a complaint with Laura Silvester, MA LMFT directly, or with the U.S. Department of Health and Human Services Office for Civil Rights:

Laura Silvester, MA LMFT will not retaliate against you for filing a complaint.

The Board of Behavioral Sciences receives and responds to complaints regarding services provided by marriage and family therapists, licensed educational psychologists, clinical social workers, and professional clinical counselors. You may contact the board online at www.bbs.ca.gov or by calling (916) 574-7830.

Privacy Officer Contact

Laura Silvester, MA LMFT  |  (408) 813-3923  |  License LMFT #114052