Effective Date: March 20, 2025
This notice explains how your personal information, including Protected Health Information (PHI), may be collected, used, and disclosed to provide services while ensuring confidentiality. Therapy services are provided in compliance with HIPAA regulations, while coaching services – though not covered by HIPAA – are held to similarly high privacy standards. However, coaching records are not subject to HIPAA protections.
Therapy services are only available to clients located in Oregon and Arizona. Coaching services, which are not a substitute for therapy, are available regardless of location.
Your Rights
You have certain rights regarding your personal information, including Protected Health Information (PHI). These rights include:
- Access Your Records: You may request and receive an electronic or paper copy of records related to your services, including PHI where applicable. We will provide this information within 30 days of your request, and a reasonable, cost-based fee may apply. If you request a specific format (e.g., electronic or paper), we will accommodate your request if readily producible.
- Request Corrections: You can request corrections to information in your records that you believe is incorrect or incomplete. We will respond within 60 days. If we deny your request, we will provide a written explanation of the reasons for the denial within this timeframe. You may also submit a written statement of disagreement, which will be included in your record.
- Request Confidential Communications: You may ask us to contact you in a specific way (e.g., by phone or email) or send communications to a different address. We will honor all reasonable requests.
- Restrict Information Sharing: You may request that we limit the use or disclosure of your information. While we are not always required to agree, we will accommodate reasonable requests whenever possible. If you have paid in full out-of-pocket for a therapy session, you have the right to request that we do not share your information with your health insurance provider. If we make any disclosures, we will only release the minimum necessary information required by law or consented to by you. Requests to restrict information sharing must be made in writing and will be documented in your record.
- Receive an Accounting of Disclosures: You may request an accounting of the times we have shared your PHI for reasons other than treatment, payment, or operations. Disclosures for treatment, payment, and healthcare operations are excluded from this accounting. You may request an accounting of disclosures for up to six years prior to the date of your request.
- Obtain a Copy of this Notice: You may request a paper copy of this notice at any time, even if you have agreed to receive it electronically.
- Choose Someone to Act for You: If someone has medical power of attorney or is your legal guardian, they may exercise your rights and make decisions about your information.
- File a Complaint: If you believe your rights for HIPAA-regulated services have been violated, you may file a complaint by contacting us, the U.S. Department of Health and Human Services (HHS) at https://www.hhs.gov/hipaa/filing-a-complaint/what-to-expect/ or 1-877-696-6775, the Oregon Board of Licensed Social Workers at 1-503-378-5735, or the Arizona Board of Behavioral Health Examiners at 1-602-542-1882. If you need assistance contacting any of these agencies, please let us know. Additionally, if you believe your rights for any non-HIPAA services have been violated, you may file a complaint with us using the contact information below. We will not retaliate against you for filing a complaint.
Our Uses and Disclosures
We use and disclose information in the following ways:
- Provide Services: We use your information to deliver services, including therapy or coaching. For therapy clients, we use your information to provide mental health treatment and coordinate care. For coaching clients, we use your information to provide coaching services and facilitate your personal development. Coaching is not a substitute for therapy and does not involve diagnosis or treatment.
- Run Our Organization: We use your information to manage operations, improve services, and communicate with you.
- Appointment Reminders: We may contact you to remind you of upcoming sessions. You can opt out of this service at any time.
- For Legal and Public Safety Requirements: We may disclose information to comply with laws, prevent harm, or address emergencies. Such disclosures will only be made to the extent required by law, and we will notify you unless prohibited by law.
Our Commitment to Privacy
We are committed to protecting your personal information and ensuring confidentiality by following HIPAA-compliant practices, including:
- Secure Data Storage: Records are stored in encrypted, password-protected systems.
- Limited Access: Access to information is restricted to authorized personnel only.
- Breach Notification: In the event of a breach of your PHI, we will notify you as soon as possible, without unreasonable delay, and no later than 60 days after discovering the breach.
- Data Retention: For therapy clients, we retain records for a minimum of seven years per Oregon law and six years per Arizona law. Coaching records may be kept for a shorter duration unless otherwise requested.
We do not use or share your information for marketing, sales, or any other purpose without your explicit written consent.
Changes to this Notice
We may update this notice to reflect changes in our practices or legal requirements. Updates will apply to all information we maintain and will be made available upon request, in our office, and on our website at https://therapydave.com/notice-of-privacy-practices/
Contact Information
If you have questions about this notice or your privacy rights, please contact:
David Lechnyr, LCSW
2440 Willamette St., Suite 101-C
Eugene, Oregon, 97405
Phone: 1-541-705-4666