I: YOUR PRIVACY RIGHTS

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We understand that health information about you and your health care is personal. We are committed to protecting health information about you. We create a record of the care and services you receive from Your Path Counseling Center. We need this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care generated by this mental health care practice. This notice will tell you about the ways in which we may use and disclose health information about you. It also describes your rights to the health information we keep about you and describe certain obligations we have regarding the use and disclosure of your health information. Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and applicable Virginia law, you have the following rights:: 

• Right to Inspect and Copy: You may request to see or receive a copy of your health record (electronic or paper). Under Virginia law, we will provide this within 30 days. We may charge a reasonable, cost ­based fee. Note: Psychotherapy notes and certain SUD records are excluded. 

• Right to Amend: If you believe your record is incorrect, you may request a written amendment. We may deny this if the info is already accurate, but we will notify you in writing within 60 days. 

• Right to Confidential Communications: You may ask us to contact you via a specific method (e.g., cell phone only) or at a specific address. We will accommodate all reasonable requests. 

• Right to Restrict Disclosures for Self Pay: If you pay for a service out-of-pocket in full, you may restrict the disclosure of that information to your health plan. We are legally required to honor this request unless a law requires disclosure. 

• Right to Breach Notification: We are required to notify you promptly following a breach of your unsecured protected health information (PHI) that poses a risk to your privacy or security. 

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II. HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU

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The following categories describe different ways that we use and disclose health information. For each category of uses or disclosures will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories. 

For Treatment Payment, or Health Care Operations: Federal privacy rules (regulations) allow health care providers who have direct treatment relationship with the patient/client to use or disclose the patient/client’s personal health information without the patient’s written authorization, to carry out the health care provider’s own treatment, payment, or health care operations. 

Disclosures for treatment purposes are not limited to the minimum necessary standard. Because therapists and other health care providers need access to the full record and/or full and complete information in order to provide quality care. 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. 

Lawsuits and Disputes: If you are involved in a lawsuit, we may disclose health information in response to a court or administrative order. We may also disclose health information about your child in response to a subpoena, discovery 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.

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III. MANDATORY REPORTING & VIRGINIA ­SPECIFIC STATUTES

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• Mandatory Reporting of Child Abuse (Va. Code § 63.2­1509): If your provider has a reason to suspect that a child is or has been abused or neglected, they are required by law to report this immediately to the local Social Services department or the Child Abuse and Neglect Hotline. 

• Mandatory Reporting of Adult Abuse (Va. Code § 63.2­1606): If your provider has a reason to suspect that an adult (age 60+ or incapacitated) is or has been abused, neglected, or exploited, they are required to report this to Adult Protective Services. 

• Duty to Protect Third Parties (Va. Code § 54.1­2400.1): If you communicate a specific threat of death or serious bodily harm against a clearly identified or identifiable victim, and your provider believes you have the intent and ability to carry out that threat, they have a legal duty to take precautions, which may include notifying the victim and/or law enforcement. 

• Health Oversight Proceedings: Under Virginia law, your provider may be required to disclose PHI if they are the subject of an inquiry by the Virginia Department of Health Professions or other licensing boards.

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III. CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION

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1. Under Va. Code § 32.1­127.1:03, "psychotherapy notes" are given a higher level of protection than standard PHI. These are notes kept separate from the rest of your medical record. We will not use or disclose your psychotherapy notes without your written authorization except: 

a. For our use in treating you. 

b. For our 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 our use in defending ourselves 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. 

2. Marketing Purposes. We will not use or disclose your PHI for marketing purposes. 

3. Sale of PHI. We will not sell your PHI in the regular course of business.

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IV. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION

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

1. 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. 

2. 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. 

3. For health oversight activities, including audits and investigations. 

4. 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. 

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

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

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

8. For workers' compensation purposes. Although our preference is to obtain an Authorization from you, we may provide your PHI in order to comply with workers' compensation laws. 

9. Appointment reminders and health related benefits or services. We may use and disclose your PHI to contact you

to remind you that you have an appointment. We may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that we offer. 

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V. CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT

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1. Disclosures to family, friends, or others. We may provide your PHI to a family member, friend, or other person that you have authorized to be involved in your care or the payment for your health care, unless you revoke authorization. The opportunity to consent may be obtained retroactively in emergency situations.

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VI. YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI

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1. The Right to Request Limits on Uses and Disclosures of Your PHI. You have the right to ask us not to use or disclose certain PHI for treatment, payment, or health care operations purposes. We are not required to agree to your request, and we may say “no” if we believe it would affect your health care. 

2. The Right to Request Restrictions for Out­of­Pocket Expenses Paid for In Full. You have the right to request restrictions on disclosures of your PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service that you have paid for out­of­pocket in full. 

3. The Right to Choose How We Send PHI to You. You have the right to ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address, and we will agree to all reasonable requests. 

4. The Right to See and Get Copies of Your PHI. Other than “psychotherapy notes,” you have the right to get an electronic or paper copy of your medical record and other information that we have about you. We will provide you with a copy of your record, or a summary of it, if you agree to receive a summary, within 30 days of receiving your written request, and we may charge a reasonable, cost­based fee for doing so. 

5. The Right to Get a List of the Disclosures We Have Made. You have the right to request a list of instances in which we have disclosed your PHI for purposes other than treatment, payment, or health care operations, or for which you provided us with an Authorization. We will respond to your request for an accounting of disclosures within 60 days of receiving your request. The list we will give you will include disclosures made in the last six years unless you request a shorter time. We will provide the list to you at no charge, but if you make more than one request in the same year, we will charge you a reasonable cost­based fee for each additional request. 

6. The Right to Correct or Update Your PHI. If you believe that there is a mistake in your PHI, or that a piece of important information is missing from your PHI, you have the right to request that we correct the existing information or add the missing information. We may say “no” to your request, but we will tell you why in writing within 60 days of receiving your request. 

7. The Right to Get a Paper or Electronic Copy of this Notice. You have the right get a paper copy of this Notice, and you have the right to get a copy of this notice by e­mail. And, even if you have agreed to receive this Notice via e mail, you also have the right to request a paper copy of it.

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VII. SPECIAL PROTECTIONS: SUBSTANCE USE DISORDER (SUD) RECORDS (42 CFR PART 2) 

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If Your Path creates, receives, or maintains records related to your substance use disorder (SUD) diagnosis, treatment, or referral for treatment that are protected under federal law (42 CFR Part 2), those records carry heightened confidentiality protections beyond standard HIPAA. These requirements became effective February 16, 2026. Your Path may not disclose to a person outside RCC that you attend this program, or disclose any information identifying you as having or having had a substance use disorder, or disclose any SUD treatment information, except as permitted by federal law. 

• Strict Prohibition on Legal Proceedings: SUD records subject to 42 CFR Part 2 shall not be used or disclosed in civil, criminal, administrative, or legislative investigations or proceedings against you unless based on your written consent or a court order after you have been given notice and an opportunity to be heard, as provided in 42 CFR Part 2. A court order authorizing use or disclosure must be accompanied by a subpoena or other legal requirement compelling disclosure before the record is used or disclosed. 

• Consent for Treatment/Payment/Operations: Unlike standard medical records, SUD records generally require your specific written consent before they are shared for treatment or payment purposes. You may provide a single consent for all future uses, which you may revoke in writing at any time. 

• Redisclosure: If you consent to share SUD records with a HIPAA­covered entity, that entity may further share it as HIPAA permits; however, the record remains shielded from being used against you in a legal proceeding without a court order.

 

VIII. CHANGES TO THE TERMS OF THIS NOTICE

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We can change the terms of this notice, and the changes will apply to all information we have about you, including information created or received before the change. The new notice will be available upon request, in our office, and on our Patient Portal. Your Path will notify you of material changes to this Notice through our Patient Portal. You may always request a current paper copy from our office.

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IX. HEALTH INFORMATION EXCHANGE

Your Path may participate in a Health Information Exchange (HIE), which allows electronic sharing of health information among health care providers and health plans for treatment, payment, and health care operations purposes. You may have the right to opt out of certain HIE participation. Ask our front desk staff for an opt­out form if desired.

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

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• Our Privacy Officer: Ederis Martinez­-Cunion at 804­798­5327 or via written correspondence at 104 N Railroad Ave, Ste A, Ashland, VA 23005

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• The U.S. Department of Health and Human Services, Office for Civil Rights: send a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201; call 1­877 696­6775; or visit https://www.hhs.gov/hipaa/filing­a complaint/index.html. 

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• Redisclosure: If you consent to share SUD records with a HIPAA­ covered entity, that entity may further share it as HIPAA permits; however, the record remains shielded from being used against you in a legal proceeding without a court order.

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We will not retaliate against you in any way for filing a complaint.