HIPPA Notification

NOTICE OF PRIVACY PRACTICES

Effective Date: February 16, 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.

1. OUR PLEDGE REGARDING HEALTH INFORMATION

Hudson Valley Therapy is committed to protecting your medical information. We create a record of the care and services you receive to provide quality care and comply with legal requirements. This notice applies to all records of your care generated by this mental health practice.

We are required by law to: 

  • Make sure that protected health information (PHI) that identifies you is kept private. 

  • Give you this notice of my legal duties and privacy practices with respect to health information. 

  • Follow the terms of the notice that is currently in effect. 

  • I can change the terms of this notice and such changes will apply to all information I have about you. The new notice will be available upon request, in my office and on my website.  

2. NEW YORK STATE SPECIFIC PROTECTIONS

Under New York Mental Hygiene Law (MHL) § 33.13, your mental health records receive higher protection than standard medical records:

  • Court Orders: Unlike federal law, NY law generally requires a court order signed by a judge to release your clinical records for legal proceedings; a subpoena is typically insufficient.  All efforts will be made to make you aware of the legal request for your information.  

  • Law Enforcement: We limit disclosures to law enforcement to basic "identifying data" unless a specific court order is provided.

  • Minors: NY law provides specific privacy rights to minors regarding outpatient mental health treatment, which we strictly honor.

3. SPECIAL PROTECTIONS FOR SUBSTANCE USE RECORDS (42 CFR PART 2)

Even as a mental health-focused practice, we may receive records regarding substance use disorder (SUD) treatment from other providers. Per the 2026 Federal Alignment:

  • Legal Protections: SUD records will not be used in any civil, criminal, administrative, or legislative proceedings against you without your specific written consent or a court order.

  • Redisclosure Warning: If you authorize us to disclose SUD information to an outside party, that information may be subject to further redisclosure by the recipient and may no longer be protected by these federal rules.

4. HOW WE MAY USE AND DISCLOSE YOUR INFORMATION

  • Treatment: To provide and coordinate your care. We only process data that is strictly necessary for your treatment.  The word “treatment” includes, among other things, the coordination and management of health care providers with a third party, consultations between health care providers and referrals of a patient for health care from one health care provider to another.  

  • Payment/ Healthcare Operations: To bill you or your insurance company.  Federal privacy regulations allow for health care providers who have direct treatment relationships with the patient/client to use or disclose the patient/clients' PHI without the patient's written authorization, to carry out the health care provider's own treatment, payment or health care operations.  

Duty to Warn: If you present a serious and imminent danger to yourself or others, we may disclose information to the police and the endangered person per NY law.

5. CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION: 

  • Psychotherapy Notes. I do keep “psychotherapy notes” as that term is defined in 45 CFR § 164.501, and any use or disclosure of such notes requires your Authorization unless the use or disclosure is: a. For my use in treating you. b. For my use in training or supervising mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy. c. For my use in defending myself in legal proceedings instituted by you. d. For use by the Secretary of Health and Human Services to investigate my compliance with HIPAA. e. Required by law and the use or disclosure is limited to the requirements of such law. f. Required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes. g. Required by a coroner who is performing duties authorized by law. h. Required to help avert a serious threat to the health and safety of others.

  • Marketing Purposes. As a psychotherapist, I will not use or disclose your PHI for marketing purposes.

  • Sale of PHI. As a psychotherapist, I will not sell your PHI in the regular course of my business.

6. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION

Subject to certain limitations in the law, I can use and disclose your PHI without your Authorization for the following reasons:

  • When disclosure is required by state or federal law, and the use or disclosure complies with and is limited to the relevant requirements of such law.

  • For public health activities, including reporting suspected child, elder, or dependent adult abuse, or preventing or reducing a serious threat to anyone’s health or safety.

  • For health oversight activities, including audits and investigations.

  • For judicial and administrative proceedings, including responding to a court or administrative order, although my preference is to obtain an Authorization from you before doing so.

  • For law enforcement purposes, including reporting crimes occurring on my premises.

  • To coroners or medical examiners, when such individuals are performing duties authorized by law.

  • For research purposes, including studying and comparing the mental health of patients who received one form of therapy versus those who received another form of therapy for the same condition.

  • Specialized government functions, including, ensuring the proper execution of military missions; protecting the President of the United States; conducting intelligence or counter-intelligence operations; or, helping to ensure the safety of those working within or housed in correctional institutions.

  • For workers' compensation purposes. Although my preference is to obtain an Authorization from you, I may provide your PHI in order to comply with workers' compensation laws.Appointment reminders and health related benefits or services. I may use and disclose your PHI to contact you to remind you that you have an appointment with me. I may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that I offer.

7. YOUR RIGHTS

  • Access to Records: You may inspect or copy your clinical records. Per the NY Health Information Privacy Act (NYHIPA), we will respond to your request within 30 days.

    • Note: This right does not extend to "Psychotherapy Notes" kept separate from your clinical record.

  • Right to Amend: You may ask us to correct a record you believe is inaccurate.

  • Right to Restrict: You may request we limit how we use your data. If you pay for a session entirely out-of-pocket, you have the right to restrict disclosure of that session to your health plan.

  • Fundraising: You have the right to opt-out of any fundraising communications (though our practice does not typically engage in fundraising).

8. COMPLAINTS

If you believe your privacy rights have been violated, you may file a complaint with us or the Secretary of the Department of Health and Human Services. You will not be penalized for filing a complaint. 

https://www.hhs.gov/hipaa/filing-a-complaint/index.html

Or you may also file a complaint with the NYS Licensing Board at: 

https://www.op.nysed.gov/enforcement/discipline-complaint-form

Privacy Officer: Kim Ellison, LCSW; Owner/ Director Phone: 845-392-5827 Email: kellisonlcsw@gmail.com Address: 2 Austin Court, Poughkeepsie, NY 12603