Notice of Privacy Practices
Positive Minds Therapy LCSW, P.C.
Effective Date: August 11, 2026
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.
Positive Minds Therapy, LCSW, P.C. is committed to protecting the privacy of your health information. This Notice of Privacy Practices describes how we may use and disclose your protected health information (PHI), our responsibilities regarding your health information, and your rights under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable privacy laws.
We are required by law to maintain the privacy and security of your protected health information, provide you with this Notice describing our legal duties and privacy practices, and notify you following certain breaches of unsecured protected health information.
How We May Use and Disclose Your Health Information
Treatment
We may use and disclose your protected health information to provide, coordinate, and manage your mental health care and treatment. This may include sharing relevant information with other health care professionals involved in your care when permitted by law.
Payment
We may use and disclose your protected health information as necessary to obtain payment for the services we provide. This may include submitting claims to your health insurance plan, verifying coverage and benefits, obtaining authorization when required, and communicating with health plans regarding payment for services.
Health Care Operations
We may use and disclose your health information for activities necessary to operate our practice and provide quality care. These activities may include administrative functions, quality improvement, staff training and supervision, compliance activities, and other health care operations permitted by law.
Business Associates
We may share protected health information with third-party service providers who perform functions on our behalf, known as business associates, when permitted by law. When required, these parties are contractually obligated to appropriately safeguard your protected health information.
As Required or Permitted by Law
We may use or disclose your health information without your authorization when required or permitted by law. Examples may include reporting suspected abuse or neglect, responding to certain legal or regulatory requirements, public health activities, or preventing or reducing a serious and imminent threat to health or safety.
Substance Use Disorder Records
To the extent that we create or maintain substance use disorder patient records that are subject to 42 CFR Part 2, those records receive additional confidentiality protections under federal law. We will use and disclose such records only as permitted by applicable law.
Help With Public Health and Safety Issues
We may use or disclose your health information for certain public health and safety activities as permitted or required by law. These may include preventing disease, reporting suspected abuse or neglect, reporting adverse reactions to medications, assisting with product recalls, or preventing or reducing a serious threat to health or safety.
Research
We may use or disclose your health information for health research when permitted by law and when applicable privacy protections and requirements are met.
Comply With the Law
We may use or disclose your health information when required by state or federal law, including disclosures to the U.S. Department of Health and Human Services when necessary to demonstrate compliance with federal privacy laws.
Respond to Organ and Tissue Donation Requests
We may share health information about you with organ procurement organizations as permitted by law.
Work With a Medical Examiner or Funeral Director
We may share health information with a coroner, medical examiner, or funeral director when an individual dies, as permitted by law.
Legal Proceedings and Investigations
To the extent that we maintain records protected by 42 CFR Part 2, we will not use or disclose those records in civil, criminal, administrative, or legislative proceedings against you without your written consent or a court order and subpoena, as required by applicable law.
Uses and Disclosures Requiring Your Authorization
Your Authorization
Other uses and disclosures of your protected health information that are not described in this Notice or otherwise permitted by law will generally be made only with your written authorization. If you provide authorization, you may revoke it in writing at any time, except to the extent that we have already acted in reliance on your authorization.
Psychotherapy Notes
Most uses and disclosures of psychotherapy notes, as specifically defined by HIPAA, require your written authorization unless an exception under applicable law applies. Psychotherapy notes receive additional protections under federal privacy law and are treated differently from the general clinical record.
Marketing and Sale of Protected Health Information
We will obtain your written authorization before using or disclosing your protected health information for purposes that constitute marketing under HIPAA when authorization is required. We will also obtain authorization before any disclosure that constitutes a sale of protected health information as defined by HIPAA.
Your Rights Regarding Your Health Information
Right to Access Your Health Information
You have the right to inspect and obtain a copy of certain health information maintained about you, including information in your designated record set. In some circumstances, access may be limited or denied as permitted by law. We may charge a reasonable, cost-based fee when permitted by law.
Right to Request an Amendment
If you believe information in your record is incorrect or incomplete, you may request that we amend it. We may deny your request under certain circumstances, but you may have the right to submit a written statement of disagreement.
Right to Request Restrictions
You may ask us to restrict certain uses or disclosures of your protected health information for treatment, payment, or health care operations. We are generally not required to agree to your request. However, when required by law, we will honor a request to restrict disclosure to a health plan when you have paid for the applicable service in full out of pocket.
Right to Request Confidential Communications
You may request that we communicate with you about your health information in a particular way or at an alternative location. We will accommodate reasonable requests.
Right to an Accounting of Disclosures
You have the right to request an accounting of certain disclosures of your protected health information made during the period permitted by law. The accounting does not include every type of disclosure, such as certain disclosures for treatment, payment, or health care operations.
Right to a Paper or Electronic 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.
Right to Be Notified of a Breach
You have the right to receive notification following a breach of your unsecured protected health information when notification is required by law.
Right to Choose Someone to Act for You
If someone has legal authority to act on your behalf, such as a legal guardian or a person authorized under a health care power of attorney, that person may exercise your rights and make choices about your health information. We will verify that the person has appropriate authority before taking action on your behalf.
Right to File a Complaint
If you believe your privacy rights have been violated, you may file a complaint with Positive Minds Therapy, LCSW, P.C. or with the U.S. Department of Health and Human Services Office for Civil Rights. We will not retaliate against you or deny you services for filing a complaint.
Your Choices
Sharing With Family, Friends, or Others Involved in Your Care
You may tell us your preferences regarding sharing relevant health information with family members, close friends, or other people involved in your care or payment for your care. We will follow your instructions when required by law.
If you are unable to communicate your preference, we may share information when permitted by law if we believe doing so is in your best interest. We may also disclose information when necessary to prevent or lessen a serious and imminent threat to health or safety.
Uses Requiring Written Permission
We will not use or disclose your health information for marketing purposes, sell your protected health information, or make most disclosures of psychotherapy notes unless you provide written authorization, except where otherwise permitted or required by law.
Fundraising
If we contact you for fundraising purposes, you have the right to tell us not to contact you again.
Our Responsibilities
Our Legal Duties
Positive Minds Therapy, LCSW, P.C. is required by law to maintain the privacy and security of your protected health information. We are required to follow the privacy practices described in the Notice currently in effect.
Breach Notification
We will notify you if a breach occurs that may have compromised the privacy or security of your unsecured protected health information, as required by law.
Changes to This Notice
We reserve the right to change the terms of this Notice and our privacy practices. Changes may apply to health information we already have about you as well as information we receive in the future. When we make a material change, an updated Notice will be made available as required by law.
Questions or Complaints
If you have questions about this Notice, would like to exercise your privacy rights, or believe your privacy rights have been violated, you may contact:
Positive Minds Therapy, LCSW, P.C.
Privacy Officer: Justin Benson, LCSW-R
Patchogue, New York
631-562-5992
info@positivemindstherapy.com
You may also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights. You will not be retaliated against or denied services for filing a complaint.
Effective Date
Effective Date: August 11, 2026