Confidentiality

Treatment is confidential. The information that you and I discuss will not be disclosed with anyone unless I have written permission. Verbal permission will be considered temporary in emergency situations. That is if you are unsafe and you say I can discuss concerns with someone you want me to, than I will do this, but again, only with your say so. My licenses to practice have specific legal guidelines with exceptions to this confidentiality.

If I have good reason to believe that you will harm another person that I am required by law to warn that person of your intentions and to notify law enforcement officials to ask that your intended victim be protected.

If I have good reason to believe that you are abusing or neglecting a child or vulnerable adult, or if you provide information about someone else who is doing so, I am required to inform law enforcement officials and/or child or adult welfare officials.

If I have good reason to believe that you are in imminent danger of seriously or fatally harming yourself, I may be required by law to inform law enforcement officials to ask that you be taken into protective custody such as a local hospital or the Crisis Center here in Lincoln.

Content from my current HIPAA Declaration:

Policy Regarding Protection of Mental Health Records for Michelle Luebcke, MA

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) regarding procedures protecting client’s rights related to health records, including mental health. The “transaction rule” refers to adoption of consistent standards for electronically submitting health claims to insurance companies for reimbursement. At this time, Michelle Luebcke does utilize this method of claims submission. The “privacy rule” relates to use of health information, release of health information to people/agencies, and client rights to view and amend their health records. The “security rule” relates to maintenance and storage of records and office policies regarding records. Protected Health Information (PHI) under HIPAA refers to any information that identifies the client. As related to Michelle Luebcke’s practice, this information includes Diagnostic Interviews, Pretreatment Assessments, Psychological Evaluations, Therapy Summaries, Claim Forms, Insurance EOBs, Client Intake Forms, Treatment Plans, and Correspondence with persons/agencies with written client consent.

Records received from other persons/agencies become part of the patient’s PHI and will only be released by consent of the client’s guardian. In situations where the client is a ward of the state of Nebraska, the caseworker is presumed to be the legal guardian. Information provided to Michelle Luebcke a caseworker becomes the patient’s PHI and can be forwarded by Michelle Luebcke to agencies needing the material for treatment decisions (e.g., Magellan Managed Care Company).

Michelle Luebcke obtains her own federal tax identification number, but it’s purpose is to help run the business and not become involved in mental health issues. She maintains responsibility for implementing procedures regarding protection of client records as they see fit. In order to provide the best possible care for clients, it is sometimes helpful to consult another mental health professional. When this is done, Michelle Luebcke will discuss the case without using names and in a manner protecting the identity of the client.

For purposes of supervision, Michelle Luebcke utilizes services of Travis Groft, PhD. He will be informed of all client information necessary to initiate and maintain proper standards of treatment; therefore a release of information is not necessary to communicate with Dr Travis Groft, PhD. He is a licensed psychologist and adheres to the same HIPAA guidelines set forth in this policy.

Michelle Luebcke will only release a client’s health information with a signed release from the client or client’s guardian in the case of a minor. Only information specifically identified on the signed release will be sent from this office. A copy of the signed release becomes part of the patient’s file. The release allows the client to restrict the information disclosed by identifying it on the form. Michelle Luebcke, of course, has no control over information once it is released. If the client uses commercial insurance to managed care benefits to pay for services, it is Michelle Luebcke’s policy to release the least amount of information possible that will allow claims to be paid. Information typically includes dates of service, length and type of treatment provided, address, social security number, and diagnosis. If companies request more information, Michelle Luebcke will consult with his client before sending information.

Michelle Luebcke uses a billing agency that only has access to demographic and diagnostic information necessary for processing claims with insurance companies. Michelle uses Professional Business Services, Co.

Michelle Luebcke maintains responsibility for amending policies and procedures related to client records as laws change. She is also the person to contact if a client has a complaint about his/her health record. Complaints will be documented and saved in a locked file indicating the action taken.

Michelle Luebcke will honor client requests to have copies of their health records but are encouraged to sit down with her to discuss them, as some information in the file needs interpretation and can be misunderstood if taken out of context.

Michelle Luebcke’s clients have the right to request information in their file be amended or changed if they feel it is incorrect. A form has been developed to document this discussion and will become part of the patient file. Michelle Luebcke will provide an accounting at the client’s request of any information that is sent out regarding their record and who has had access to their medical file. A form designed to track this information and can be viewed by the client upon request. Michelle Luebcke’s personal computer is password protected. Storage devices with patient data on them are stored in locked enclosures. Michelle Luebcke’s medical files are locked in file cabinets and in a room that is locked when the premises are vacant.