Bright Skies Therapy & Consulting
Notice of Privacy Practices
This notice describes how personal health information about your child may be used and disclosed, and how you can get access to this information.
Our Pledge Regarding Personal Information
We understand that information about your child and his/her health care and well-being are personal. At Bright Skies Therapy & Consulting, we are committed to protecting the confidentiality of the financial and health information regarding your child, or your child’s “personal information.” We create a record of the care and services your child receives from us. We need this record to provide your child with quality, individualized care, and to comply with specific legal requirements.
This Notice of Privacy Practices applies to all of the records of your child’s care generated by Bright Skies Therapy & Consulting, regardless of the team member. This notice will tell you about the ways in which we may use and disclose personal information about your child. We also describe your rights to the personal information we keep about your child, and describe certain obligations we have regarding the use and disclosure of that personal information.
Our Lawful Requirements
Bright Skies Therapy & Consulting is required by law to:
Make sure that personal information that identifies your child is kept private
Give you this notice of our legal duties and privacy practices with respect to personal information about your child
Follow the terms of the notice that is currently in effect
How We May Use And Disclose Personal Information About Your Child
We use personal information about your child to provide him/her with individualized treatment/services. We may disclose personal information about your child to doctors, nurses, other practitioners/therapists, health students, teachers, or other personnel who are involved in well-being/care of your child. They may be a Bright Skies Therapy & Consulting team member, or a professional at another health care or educational agency, where your child receives services.
We may use and disclose personal information about your child so that the treatment/services he/she receives from us may be billed to and payment collected from you, an insurance company, or a third party. For example, we may need to provide health information about your child’s therapy session so your health plan will pay us or reimburse you for the visit (when applicable). We may also need to share health information about a treatment your child is going to receive to obtain prior approval or to determine whether your plan will cover the treatment, where/when applicable.
For Healthcare Operations
We may use and disclose personal information about your child for operations of their services with Bright Skies Therapy & Consulting. These uses and disclosures are necessary in operating Bright Skies Therapy & Consulting and in making sure that all of our client/children/families receive quality care. For example, we may use personal information to review our treatment approaches, services, and processes. We may also use personal information for team member evaluations/review. We may also combine personal information about many clients to decide what additional services we should offer, what services are not needed, whether certain new treatments are effective, and to see where we can make improvements.
As Required by Law
We will disclose personal information about your child when required to do so by federal, state, or local law.
To Avert Serious Threat to Health or Safety
We may use and disclose personal information about your child when necessary to prevent a serious threat to your child’s health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.
Public Health Risks
We may disclose personal information about your child for public health activities. These activities generally include the following:
to prevent or control disease, injury of disability
to report child abuse or neglect
to report reactions to medications or problems with products
to notify people of recalls of products they may be using
to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition
Health Oversight Activities
We may disclose personal information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.
Lawsuits and Disputes
If you are involved in a lawsuit or a dispute, we may disclose personal information about your child in response to a court or administrative order. We may also disclose personal information about your child in response to a subpoena, discover request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
We may release personal information if asked to do so by a law enforcement official in response to a court order, subpoena, warrant, summons or similar process to identify or locate a suspect, fugitive, material witness, or missing person about a death we believe may be the result of criminal conduct about criminal conduct at our facility.
Your Rights Regarding Personal Information We Maintain About Your Child
Right to Inspect and Copy
You have the right to inspect and copy personal information that may be used to make decisions about your child’s care. Usually, this includes health and billing records.
To inspect and copy personal information that may be used to make decisions about your child, you must submit your request in writing to Quiana Long, Lead Practitioner. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies and services associated with your request.
We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to personal health information, you may request that the denial be reviewed. Another licensed health care professional chosen by Bright Skies Therapy & Consulting will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
Right to Amend
If you feel that personal information we have about your child is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as we keep the information. Your request must be made in writing, submitted to Quiana Long, Lead Therapist, and must be contained on one page of paper legibly handwritten or typed in at least 10- point font size. In addition, you must provide a reason that supports your request for an amendment.
We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that was not created by us is not part of the health information kept by or for Bright Skies Therapy & Consulting is not part of the information which you would be permitted to inspect and copy is accurate and complete.
Any amendment we make to your child’s health information will be disclosed to those with whom we disclose information as previously specified.
Right to an Accounting of Disclosures
You have the right to request a list accounting for any disclosures of your personal information we have made, except for uses and disclosures for treatment, payment and health care operations, as previously described.
To request this list of disclosures, you must submit your request in writing to Quiana Long, Lead Practitioner. Your request must state a time period which may not be longer than six years and may not include dates before September 5, 2020. The first list you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the request at that time before any costs are incurred. We will mail you a list of disclosures in paper form within 30 days of your request, or notify you if we are unable to supply the list within that time period and by what date we can supply the list, but this date will not exceed a total of 60 days from the date you made the request.
Right to Request Restrictions
You have the right to request a restriction or limitation on the personal information we use or disclose about your child for treatment, payment, or health care operations. You also have the right to request a limit on the personal information we disclose about your child to someone who is involved in your child’s care or the payment for your child’s care, such as a family member or friend.
We are not required to agree to your request for restrictions if it is not feasible for us to ensure our compliance or believe it will negatively impact the care we may provide your child. If we do agree, we will comply with your request. To request a restriction, you must make your request in writing to Quiana Long, Lead Practitioner. In your request, you must tell us what information you want to limit and to whom you want the limits to apply.
Right to Request Confidential Communications
You have the right to request that we communicate with you about health matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to Quiana Long, Lead Practitioner/Therapist, specifying how or where you wish to be contacted. We will not ask you the reason for your request. We will accommodate all reasonable requests.
Other Uses of Personal Information
Other uses and disclosures of personal information not covered by this notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose personal information about your child, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose personal information about your child for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to your child.
Changes to This Notice
Should any of our privacy practices change, we reserve the right to change the terms of this Notice. The revised Notice would apply to all the personal information about you that we maintain. If we make changes to our privacy practices, we will provide you with a copy of the revised Notice. We will also post the revised Notice on our web site.
If you receive this Notice on our web site or by e-mail, you are also entitled to receive this Notice in paper form. To obtain a paper copy of this Notice, contact us at firstname.lastname@example.org.
Filing A Complaint
If you believe your privacy rights have been violated, or if you disagree with a decision we made about a request, you may file a written complaint with us or the Secretary of the Department of Health and Human Services (DHHS). You will not be penalized if you file a complaint about our privacy practices with us or with DHHS.
You may exercise any of your rights described in the Notice, or ask any questions about this notice, by contacting Quiana Long, Lead Practitioner at email@example.com.
Bright Skies Therapy & Consulting
How Do We Collect Personal Information?
Information about the client/child/family will be collected via spoken or written media from parents/caregivers.
With parental/caregiver consent, information may also be collected from other professionals working with your child.
Information may also be taken about family members where this relates to your child - e.g. contact details for parents and any relevant medical/developmental/family history.
You may use the Bright Skies Therapy & Consulting website without providing any personal information, but if you wish to make an inquiry or contact us via the website or by email, you are requested to provide relevant contact details such as your name, email address, and contact phone number to allow us to respond to your inquiry.
You may add comments or questions which might also contain personal information.
If your inquiry does not result in your child being seen by Bright Skies Therapy & Consulting, then this personal information will be deleted once your inquiry has been dealt with.
If your child is subsequently seen by Bright Skies Therapy & Consulting, these details may be added to their personal records.
How Do We Use Personal Information?
Personal information collected by us via the Bright Skies Therapy & Consulting website, email, telephone, or session is stored and used by us for the purpose of delivering your child’s therapy/service.
Any sensitive personal details are stored in a secure and confidential system, and processed in confidence by Bright Skies Therapy & Consulting.
Personal details shall be used for the purpose of delivering appropriate therapy services to the client/child. With consent, information about the child’s needs will be shared with other professionals involved in the child’s care when it is in the child’s best interests and/or per parent/caregiver request.
A record of the client/child’s consent is kept within the child’s case notes.
Unless we are required to do so by law, we will not disclose any personal information collected to any person other than as set out above.
Bright Skies Therapy & Consulting does not employ agents to process personal data – for example, specialist mailing companies to send out communications.
Bright Skies Therapy & Consulting does not give or sell client details to any third parties.
How Do We Use Personal Information?
Bright Skies Therapy & Consulting uses personal information to:
Assess and improve Bright Skies Therapy & Consulting services (audits/reviews). Results/support documents for audits are always presented with client/child/family identities removed.
Document managerial and/or administrative information (e.g. client/child/family last names are included in our password-protected database).
Prepare, plan, and provide therapy services appropriate to the client/child’s needs.
Communicate with the client by post, email, telephone, or text message in relation to:
Confirming and preparing for appointments
General communication in between appointments
Sending you reports and programs for the child, which are password-protected
Copying the client into communications with other professionals about the child
*Please note that whenever personal identifiers are not needed for any of these tasks, Bright Skies Therapy & Consulting removes them from the information it uses, if and when possible.
How Do We Store Personal Information?
All information about the client/child/family and their therapy is stored securely in a password-protected, encrypted folder on the company and/or the therapists’ computers in order to ensure that we have a complete record of our service to them.
Any paper-based, confidential information (such as assessments and case notes) is stored securely in accordance with data protection regulations.
Videos may be taken of children with the parent/caregiver consent. These are temporarily stored on a password-protected, encrypted computer. These may then be viewed by the therapist in order to make notes in the client’s records within 1 month of the appointment. The video is then deleted.
The minimum amount of confidential information will be taken out of the practitioner/therapist’s office base. When taken out of that base/office, confidential information will be kept with the practitioner/therapist or will be locked securely in the boot of their car, whichever is deemed to be more secure at the time.
In accordance with the law, all records will be kept securely is 25 years old. After this time, all records relating to your child will be securely destroyed.
Email correspondence and invoices will be deleted from Bright Skies Therapy & Consulting’s systems after 5 years.
If any confidential data is lost, damaged, or inappropriately accessed, Bright Skies Therapy & Consulting follows a breach procedure.
A Bright Skies Therapy & Consulting practitioner/team member notifies Quiana Long.
Bright Skies Therapy & Consulting seeks advice from the ICO on how to act.
Bright Skies Therapy & Consulting might contact the client if advised to do so.
Meeting Our Professional Obligations
It is a legal requirement for all of our therapists to be registered with the Health and Care Professionals Council (HCPC). HCPC has clear standards of conduct, performance, and ethics to which all registrants must adhere. These standards affect the way in which therapists process and share information, specifically:
Standard 2: Communicate appropriately and effectively
“You must share relevant information where appropriate with colleagues involved in the care, treatment, or other services provided to a service user.”
Standard 10: Keep records of your work
“You must keep full, clear, and accurate records for everyone you care for, treat, or provide services to. You must complete all records promptly and as soon as possible after providing care, treatment, or other services. You must keep records secure by protecting them from loss, damage, or inappropriate access.”
For further information, see the HCPC website.
UK Data Protection Law and EU General Data Protection Regulations
Data Protection Law lays down wide-ranging rules backed up by criminal sanctions for the processing of information about identifiable, living individuals. It also gives individuals certain rights in relation to personal data held about them by others.
Bright Skies Therapy & Consulting is registered with the Information Commissioner’s Office (ICO) as a data controller.
Our Lawful Basis for Processing Personal Information
Our lawful basis for processing and storing personal information is one of “legitimate interest” (under article 6 of GDPR). Bright Skies Therapy & Consulting cannot adequately deliver a service to your child without processing their personal information. As it is both a necessity for our service delivery and of benefit to the child, we lack a legitimate interest to process and store their data.
Data relating to an individual’s health is classified as “special category data” under section 9 of GDPR. The regulations specify that health professionals that are “legally bound to professional secrecy” may have a lawful basis for processing this data. Bright Skies Therapy & Consulting therapists are legally bound to keep client information confidential, and it is under this condition that we process and store personal information.
Bright Skies Therapy & Consulting is committed to maintaining the security and confidentiality of the child’s record. We actively implement security measures to ensure that their information is safe, and we audit these regularly.
Bright Skies Therapy & Consulting will not release personal details to any third party without first seeking consent unless this is allowed for, or required, by law.
Bright Skies Therapy & Consulting is constantly working to ensure compliance with current data protection regulations.
What Are Your Rights?
Data protection legislation gives the client/child/family various rights, the most of important of which are as follows:
You have the right to a copy of the information that we hold about the child. If the child is 16 years or older, his/her consent is required unless the client has Power of Attorney.
You have the right to ask for your record to be amended if you believe that it is wrong.
How Can You Access a Client/Child’s Records?
You can access the information Bright Skies Therapy & Consulting holds about you/your child by writing to us at the email address provided below. A copy of the child’s records is provided free of charge. Postage costs, however, will be incurred if the records need to be, or are asked to be, sent by post.
Bright Skies Therapy & Consulting will provide access to the child’s records within 30 days of receipt of all necessary information.
Please make such requests in writing via email to firstname.lastname@example.org.
If you have any questions about how Bright Skies Therapy & Consulting uses your information, please contact us.
Further information about data protection legislation and your rights is available from the Information Commissioner’s Office.