THIS NOTICE DESCRIBES HOW MEDICAL AND MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

I. OUR PLEDGE REGARDING HEALTH INFORMATION

At Lotus Women’s Center for Mental Wellness, PLLC, we are committed to protecting the privacy and confidentiality of your health and mental health information. Your privacy is protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Texas Health and Safety Code, Chapter 611 (Mental Health Records), the Texas Occupations Code, and applicable ethical guidelines, including those established by the American Psychological Association (APA) and the Texas State Board of Examiners of Psychologists (TSBEP).

This Notice applies to all records of care and services provided by our practice. It explains how your Protected Health Information (PHI) may be used or disclosed, and how you can access this information. We are required by law to:

• Maintain the privacy of your PHI,

• Provide you with this Notice of our legal duties and privacy practices, and

• Comply with the current terms of this Notice.

We reserve the right to revise this Notice and apply changes to all existing and future PHI. Updated Notices will be posted in our office and on our website and are available upon request.

II. HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION

For Treatment, Payment, and Health Care Operations (No Authorization Required):
We may use or disclose your PHI for treatment (e.g., coordinating care with another provider), for payment (e.g., submitting insurance claims), and for healthcare operations (e.g., internal administrative review). Our psychologist may also consult with other licensed professionals for treatment purposes.

Per 22 Texas Administrative Code § 465.18, any disclosure is limited to the minimum necessary information unless otherwise legally or ethically justified (e.g., coordination of care).

Legal Requests and Court Orders:
Under Texas Health & Safety Code § 611.004, your mental health records are confidential but may be disclosed:

• With your written consent,

• In response to a valid court order,

• If necessary to protect you or others from a serious threat,

• For professional oversight by licensing boards,

• In compliance with legal or ethical obligations.

Business Associates / Third-Party Services

We may share your PHI with trusted third-party vendors (e.g., electronic health records, billing services, or HIPAA-compliant telehealth platforms) who assist in our operations. These parties are required by law to safeguard your information through signed Business Associate Agreements (BAAs).

III. ELECTRONIC COMMUNICATION

Lotus Women’s Center for Mental Wellness, PLLC uses secure, HIPAA-compliant platforms (such as a client portal) for electronic communication. However, all electronic communication—including email, portal messaging, or text—carries inherent privacy risks.

By choosing to communicate through these means, you acknowledge and accept those risks. Protected Health Information (PHI) will not be transmitted electronically unless you have provided written consent to do so. We encourage clients to limit electronic messages to administrative topics (e.g., scheduling) rather than clinical discussions.

IV. USES AND DISCLOSURES REQUIRING YOUR WRITTEN AUTHORIZATION

We will obtain your written authorization before disclosing your PHI for:

• Use of Psychotherapy Notes (as defined under HIPAA, 45 CFR § 164.501),

• Marketing purposes,

• Sale of your PHI.

All other uses or disclosures not covered in this Notice require your written authorization, which you may revoke at any time in writing.

V. USES AND DISCLOSURES NOT REQUIRING YOUR AUTHORIZATION

We may use or disclose your PHI without your written authorization when required or permitted by law, such as:

• Reporting suspected abuse, neglect, or exploitation of a child, elderly person, or adult with a disability (Texas Family Code § 261.101),

• Preventing or reducing a serious threat to your health or to public safety,

• Complying with health oversight activities (e.g., investigations or audits),

• Cooperating with law enforcement in limited situations,

• Processing workers' compensation claims,

• Participating in judicial or administrative proceedings as required.

VI. DISCLOSURES YOU MAY OBJECT TO

Unless you object, we may disclose PHI to a family member, friend, or other individual involved in your care or in payment for your care. You may object verbally or in writing at any time. In emergencies, we may make these disclosures before obtaining your consent.

VII. YOUR RIGHTS UNDER HIPAA, TEXAS LAW, AND ETHICAL GUIDELINES

Right to Request Restrictions:
You may request restrictions on the use or disclosure of your PHI. While we are not required to agree to every request, we will honor restrictions related to services paid for entirely out-of-pocket (45 CFR § 164.522).

Right to Confidential Communications:
You may request that we communicate with you in a specific way or at a specific location. We will accommodate all reasonable requests.

Right to Access and Copy Your PHI:
You may request a copy of your records, excluding psychotherapy notes. We will respond within 15 days (Texas Health & Safety Code § 611.0045) and may charge a reasonable fee.

Right to Amend PHI:
If you believe the information we maintain is incorrect or incomplete, you may submit a written request for amendment. We will respond within 60 days.

Right to an Accounting of Disclosures:
You may request a list of certain disclosures of your PHI made without your authorization within the past six years, excluding disclosures for treatment, payment, or operations.

Right to Receive a Paper or Electronic Copy of This Notice:
You have the right to receive a copy of this Notice in paper or electronic form, even if you previously agreed to receive it electronically.

VIII. BREACH NOTIFICATION

In the event of a breach of your unsecured Protected Health Information (PHI), we will notify you without unreasonable delay and in accordance with applicable federal and Texas breach notification laws (HIPAA §164.404; Texas Business & Commerce Code §521). This notification will include a description of what happened, the types of information involved, steps you should take to protect yourself, and our actions to investigate and prevent future occurrences.

IX. COMPLAINTS

If you believe your privacy rights have been violated, you may file a complaint with:

• Our Office (see contact info below),

• The Texas Behavioral Health Executive Council (BHEC)
  https://www.bhec.texas.gov,

• The U.S. Department of Health and Human Services, Office for Civil Rights
  https://www.hhs.gov/ocr

You will not be penalized for filing a complaint.