Policies & Privacy
Your privacy is our priority. Below you'll find comprehensive information about how we protect your information, comply with HIPAA regulations, and our consent practices.
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Notice of Privacy Practices
Last Updated: January 2025
Your Rights
As a client of Lotus Patch Counseling LLC, you have the right to:
- Receive a complete copy of your medical record
- Request amendments to your record
- Request restrictions on the use and disclosure of your health information
- Request confidential communications
- Receive an accounting of disclosures made about you
- Request a paper copy of this notice at any time
How We Use Your Information
We use your health information for:
- Treatment: Providing therapeutic services and coordinating your care
- Payment: Processing insurance claims and managing billing
- Operations: Scheduling appointments, responding to inquiries, and maintaining our practice
Our Privacy Commitment
We understand that seeking therapy requires trust. Your privacy is foundational to that relationship.
What We Do NOT Do
- No tracking pixels or cookies: We do not use analytics trackers that identify individuals or track browsing behavior
- No fingerprinting: We do not collect device fingerprints or build profiles based on your visits
- No ad retargeting: We will never sell your information or retarget you across the web
- No third-party sharing: We do not share your information with data brokers or marketing firms
Data We Collect
When you schedule an appointment or send us a message, we collect:
- Your name and contact information
- General information about your concerns or referral source
- Insurance information (if applicable)
This information is stored securely and is used only for scheduling, communication, and billing purposes.
Consent Documents
Before beginning therapy with Lotus Patch Counseling LLC, you will review and sign the following documents:
Confidentiality & Exceptions
General Rule: Your Sessions Are Confidential
Information you share in therapy is confidential and protected by law. We do not discuss your care with anyone without your written permission, with limited exceptions described below.
Exceptions to Confidentiality
Lotus Patch Counseling is required by law to disclose information without your consent in the following situations:
1. Imminent Danger to Self or Others
If you disclose intent or immediate plan to harm yourself or another person, we may notify emergency services, family members, or other parties to prevent harm.
2. Child Abuse or Neglect
Tennessee law requires therapists to report suspected child abuse or neglect to the Department of Children's Services (DCS). Reasonable suspicion is sufficient to trigger this mandatory reporting duty.
3. Elder or Dependent Adult Abuse
We are required to report suspected abuse, neglect, exploitation, or abandonment of adults age 60+ or vulnerable adults to Adult Protective Services.
4. Court Orders, Subpoenas, and Legal Process
If a court order, subpoena, or valid legal process requires disclosure of your records, we will comply. We will notify you when possible unless legally prohibited.
5. Suicidal Ideation in Minors (TN State Law)
Tennessee law (TCA § 33-8-202) requires notification to a parent/guardian if a minor (under 18) discloses suicidal ideation, intent, or plan. The parent will be informed of the risk without unnecessary detail about the underlying cause.
6. Insurance and Billing
Information necessary to process insurance claims may be shared with your insurance provider. This information is limited to diagnosis, treatment dates, and medical necessity.
7. Medical Emergency
If you are unable to communicate, we may disclose necessary information to emergency responders or medical personnel to ensure your safety.
Minors and Parental Access
Confidentiality for Clients 16 and Older (TN Law):
Under Tennessee law (TCA § 33-8-202), clients age 16 and older who have a serious emotional disturbance or mental illness have the same privacy rights as adults. Parents do not have automatic access to your therapy records or progress. You have the right to confidentiality from your parents.
Two Exceptions:
- Prescription Record Access: Parents may request access to records regarding medications prescribed to a minor
- Suicidal Ideation Notification: If you disclose suicidal thoughts, intent, or plan, we are required to notify a parent/guardian of the suicide risk
For clients under 16 without a serious emotional disturbance diagnosis, parental consent and involvement may be appropriate depending on the clinical situation.
Data Security & Technology
How We Protect Your Information
- Paper records are stored in locked files in secure office locations
- Electronic records are encrypted and accessible only with secure login credentials
- We use HIPAA-compliant practice management and communication tools
- Staff undergoes annual HIPAA and privacy training
- We maintain a breach notification plan in case of unauthorized access
Telehealth Security
Video sessions are conducted using encrypted, HIPAA-compliant platforms. Please ensure:
- You are in a private location during your session
- Your internet connection is secure (not public Wi-Fi)
- No unauthorized persons can hear or see your session
- You do not record sessions without explicit permission
Email and Text Security Limitations
Please be aware that email and text messaging are not completely secure. If you choose to communicate via email or text, you acknowledge the privacy risks. For sensitive clinical matters, please call our office to speak with your clinician directly.
SAMHSA Part 2 Protections
If you receive services related to substance use treatment, your records are protected under federal SAMHSA Part 2 regulations, which provide additional privacy protections beyond HIPAA. These records cannot be disclosed without specific written consent, with very limited exceptions.
Questions About Your Privacy?
Contact Lotus Patch Counseling LLC
File a Complaint
If you believe your privacy rights have been violated, you may file a complaint with:
Division of Health Care Facility Licensure and Regulatory Services
Complaint Hotline: 1-800-772-0159
Office for Civil Rights (OCR)
Email: ocrmail@hhs.gov
Phone: 1-800-368-1019
You may also file a complaint directly with your provider or request a detailed explanation of your rights under HIPAA by contacting our office.