Privacy Policy for McNulty Counseling and Wellness (HIPAA Compliant)

Effective Date: January 1, 2024

At McNulty Counseling and Wellness (“we,” “us,” or “our”), we are committed to safeguarding your privacy and maintaining the confidentiality of your health information. As a provider of mental health services, we comply with the Health Insurance Portability and Accountability Act (HIPAA) and all relevant federal and state privacy laws. This Privacy Policy explains how we collect, use, disclose, and protect your personal information and Protected Health Information (PHI). By accessing our services, you agree to this Privacy Policy.

1. Information We Collect

We are dedicated to collecting only the minimum necessary information required to deliver our services effectively. We may collect:

• Personal Information: Such as your name, contact information (phone number, email address, mailing address), date of birth, and emergency contact details.
• Protected Health Information (PHI): Includes medical and mental health history, treatment notes, diagnoses, medications, treatment plans, and other sensitive health-related data necessary for providing quality care.
• Payment Information: Credit card or other financial information strictly for billing and payment processing purposes.
• Website Usage Data: We may collect information about how you use our website, such as IP address, browser type, and pages visited, to improve user experience and website functionality.

2. How We Use Your Information

Your privacy is our priority. We use the information we collect solely for the following purposes:

• To Provide Quality Care: We use your PHI to deliver personalized and effective counseling services.
• To Facilitate Payment: We use your financial information to process payments and communicate billing details.
• For Healthcare Operations: We may use PHI internally to support operational activities such as quality assessments, staff training, and improving services.
• To Communicate with You: We use your contact information to send appointment reminders, health-related information, and updates about our services.
• To Comply with Legal Obligations: We are required to use or disclose PHI to comply with federal, state, or local laws, including HIPAA regulations.

We do not sell, rent, or lease your personal information or PHI to any third parties. Your information is not shared with advertisers or marketers.

3. How We Share Your Information

We will only disclose your PHI in accordance with HIPAA regulations and with the highest regard for your privacy:

• With Your Explicit Consent: We will not share your PHI with any third parties unless you have provided explicit written consent, except as required by law.
• For Treatment, Payment, and Healthcare Operations (TPO): We may share PHI with other healthcare providers or entities involved in your care, or with insurers to process payments. These entities are also required to comply with HIPAA.
• For Legal and Safety Reasons: We may disclose PHI if required to do so by law or if we believe it is necessary to prevent a serious threat to health or safety.
• Business Associates: We may share PHI with third-party service providers, known as Business Associates, who perform essential functions on our behalf (e.g., billing services). These entities are contractually obligated to safeguard your PHI and use it only for the services they provide to us.

4. Your Rights Regarding Your PHI

You have several rights concerning your PHI under HIPAA, and we are committed to upholding these rights:

• Right to Access: You have the right to request access to and obtain a copy of your PHI.
• Right to Request Amendment: If you believe any information is incorrect or incomplete, you have the right to request an amendment to your PHI.
• Right to an Accounting of Disclosures: You can request a list of certain disclosures we have made of your PHI.
• Right to Request Restrictions: You have the right to request restrictions on certain uses and disclosures of your PHI, though we are not required to agree to all requested restrictions.
• Right to Confidential Communications: You have the right to request that we communicate with you in a particular way or at a specific location for privacy reasons.
• Right to Revoke Authorization: You have the right to revoke any prior authorization for the use or disclosure of your PHI, except to the extent that we have already acted based on that authorization.
• Right to a Copy of This Notice: You have the right to receive a paper copy of this Privacy Policy at any time.

5. Data Security and Protection

We implement robust administrative, technical, and physical safeguards to protect your PHI against unauthorized access, disclosure, alteration, or destruction. These measures include, but are not limited to:

• Encryption: All electronic PHI (ePHI) is encrypted in transit and at rest to prevent unauthorized access.
• Access Controls: Strict access controls ensure that only authorized personnel have access to your PHI.
• Regular Security Assessments: We conduct regular audits and assessments of our security measures to ensure ongoing protection of your information.
• Training: All staff members receive regular training on privacy and security protocols to maintain the confidentiality and integrity of your PHI.

6. Breach Notification

In the unlikely event of a breach of unsecured PHI, we will notify you as required by HIPAA and applicable state laws. We will provide you with information about the nature of the breach, the types of PHI involved, and the steps we are taking to address the issue.

7. Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time to ensure ongoing compliance with applicable laws and best practices. Any changes will be posted on this page with an updated effective date. We will notify you of significant changes that affect your rights or privacy.

8. Your Right to File a Complaint

If you believe your privacy rights have been violated, you have the right to file a complaint with us or directly with the Secretary of the U.S. Department of Health and Human Services. We will not retaliate against you for filing a complaint.

9. Contact Information

For questions, concerns, or more information about this Privacy Policy, please contact us:

McNulty Counseling and Wellness
(727) 344-9867
[email protected]
111 2nd Ave NE, Ste 640, St. Petersburg, FL 33701

We are committed to protecting your privacy and upholding the highest standards of confidentiality in compliance with HIPAA.

Terms of Service for McNulty Counseling and Wellness (HIPAA Compliant)

Effective Date: January 1, 2024

Welcome to McNulty Counseling and Wellness. We are committed to providing high-quality mental health services while ensuring the confidentiality and privacy of our clients. By accessing our services, including through our website, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. Please read them carefully.

1. Acceptance of Terms

By using our services, you affirm that you understand and agree to these Terms, including our commitment to privacy and confidentiality under the Health Insurance Portability and Accountability Act (HIPAA) and other applicable laws. If you do not agree to these Terms, please do not use our services.

2. Description of Services

McNulty Counseling and Wellness provides mental health counseling, therapy, and related services designed to support individuals, couples, and families. All services are provided by licensed professionals who are committed to confidentiality and your privacy.

3. Appointments and Cancellations

Appointments for our services can be scheduled via our website, by phone, or in person. We require at least 48 hours’ notice for cancellations or rescheduling to avoid a cancellation fee. We reserve the right to charge a fee for missed appointments or those canceled without sufficient notice.

4. Payment Terms

Payment for services is due at the time of the appointment. We accept various forms of payment, including credit cards. By providing payment information, you authorize us to process payments for services rendered.

5. Privacy and Confidentiality

Your privacy is of utmost importance to us. All services provided are confidential, and we are committed to protecting your health information in compliance with HIPAA regulations. Your Protected Health Information (PHI) will only be used and disclosed as described in our Privacy Policy, which includes providing treatment, coordinating care, billing, and healthcare operations.

We do not sell, rent, or share your PHI or any other personal information with third parties for marketing or any other purposes without your explicit written consent.

6. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the exclusive property of McNulty Counseling and Wellness or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive license to access and use our website and services for personal, non-commercial purposes. Any unauthorized use or reproduction of our content is strictly prohibited.

7. Limitation of Liability

While we strive to provide the highest quality of care, McNulty Counseling and Wellness and its providers are not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of our services. This includes, but is not limited to, any emotional, psychological, or physical outcomes related to the services provided. Our liability is limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless McNulty Counseling and Wellness, its employees, contractors, agents, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising from or related to your use of our services, your violation of these Terms, or any violation of applicable laws or regulations.

9. Changes to Services and Terms

We reserve the right to modify, suspend, or discontinue any of our services or these Terms at any time, with or without notice. Any changes to these Terms will be posted on our website with an updated effective date. Your continued use of our services following any changes constitutes your acceptance of the revised Terms.

10. Governing Law

These Terms and your use of our services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising from these Terms or your use of our services shall be brought exclusively in the state or federal courts located in Florida.

11. Dispute Resolution

Any disputes arising under these Terms or concerning our services shall be resolved through mediation or binding arbitration in accordance with the rules of the American Arbitration Association. This provision does not apply to claims related to a violation of confidentiality or intellectual property rights, which may be brought in any court of competent jurisdiction.

12. Termination of Services

We reserve the right to terminate or suspend your access to our services, with or without notice, for conduct that we believe violates these Terms, is harmful to other clients or staff, or violates applicable laws or regulations.

13. Your Rights and Responsibilities

You are responsible for providing accurate and complete information to your provider and for understanding your rights and responsibilities under these Terms and our Privacy Policy. You are also responsible for safeguarding your access credentials for our website or any digital services.

15. Contact Information

For questions, concerns, or more information regarding these Terms or our services, please contact us:

McNulty Counseling and Wellness
(727) 344-9867
[email protected]
111 2nd Ave NE, Ste 640, St. Petersburg, FL 33701

We are dedicated to providing the highest quality of care while ensuring your privacy and confidentiality are maintained at all times. Thank you for choosing McNulty Counseling and Wellness.