Policies and Practices to Protect the Privacy of Your Client’s Health Information: Health Insurance Portability and Accountability Act (HIPAA)

This notice describes how psychological/psychiatric and medical information about you may be used and disclosed, and how much access you have to this information. Please review this information carefully.

I.  Uses and Disclosures for Treatment, Payment, and Health Care Operations

Truyu Health & Wellbeing may use or disclose your protected health information (PHI), for treatment, payment, and health care operations purposes with your consent. To help clarify these terms, here are some definitions:

·       “PHI” refers to information in your health record that could identify you.

·       “Treatment, Payment, and Health Care Operations”

– Treatment is when Truyu Health & Wellbeing provides, coordinates or manage your health care and other services related to your health care. An example of treatment would be when your nurse practitioner consults with another health care provider, such as your primary care provider or psychotherapist.

- Payment is when Truyu Health & Wellbeing obtains reimbursement for your healthcare. An example of payment is when Truyu Health & Wellbeing discloses your PHI to your health insurer to obtain reimbursement for your health care or to determine eligibility or coverage.

- Health Care Operations are activities that relate to the performance and operation of our practice. Examples of health care operations are quality assessment and improvement activities, business-related matters, such as audits and administrative services, and case management and care coordination.

·       “Use” applies only to activities within our practice, such as sharing, employing, applying, utilizing, examining, and analyzing information that identifies you.

·       “Disclosure” applies to activities outside our practice, such as releasing, transferring, or providing access to information about you to other parties. 

II.  Uses and Disclosures Requiring Authorization

Truyu Health & Wellbeing may use or disclose PHI for purposes outside of treatment, payment, or health care operations when your appropriate authorization is obtained. An “authorization” is written permission above and beyond the general consent that permits only specific disclosures. In those instances when Truyu Health & Wellbeing is asked for information for purposes outside of treatment, payment, or health care operations, Truyu Health & Wellbeing will obtain an authorization from you before releasing this information.

Truyu Health & Wellbeing will also obtain an authorization from you for:

• Use and disclosure of any information for marketing and fundraising purposes.

• Disclosures that constitute the sale of your personal information

• Disclosure of PHI for clinical research purposes.

 You may revoke all such authorizations of PHI at any time, provided each revocation is in writing. You may not revoke an authorization to the extent that (1) Truyu Health & Wellbeing has relied on that authorization; or (2) if the authorization was obtained as a condition of obtaining insurance coverage, and the law provides the insurer the right to contest the claim under the policy.

 III. Uses and Disclosures with Neither Consent nor Authorization

Truyu Health & Wellbeing may use or disclose PHI without your consent or authorization in the following circumstances:

·       Child Abuse:  If Truyu Health & Wellbeing knows or has reason to believe a child is being neglected or physically or sexually abused, or has been neglected or physically or sexually abused within the preceding three years,Truyu must immediately report the information to the local welfare agency, police or sheriff’s department.

·       Adult and Domestic Abuse:  If Truyu Health & Wellbeing has reason to believe that a vulnerable adult is being or has been maltreated, or if Truyu Health & Wellbeing has knowledge that a vulnerable adult has sustained a physical injury which is not reasonably explained, Truyu Health & Wellbeing must immediately report the information to the appropriate agency in this county. Truyu Health & Wellbeing may also report the information to a law enforcement agency.

 “Vulnerable adult” means a person who, regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:

(i)              that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and

(ii)             because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.

·       Health Oversight Activities:  A state licensing board may subpoena records from me if they are relevant to an investigation it is conducting.

·       Judicial and Administrative Proceedings:  If you are involved in a court proceeding and a request is made for information about the professional services that Truyu Health & Wellbeing has provided you and/or the records thereof, such information is privileged under state law and Truyu Health & Wellbeing must not release this information without written authorization from you or your legally appointed representative, or a court order. This privilege does not apply when you are being evaluated for a third party or where the evaluation is court-ordered. Truyu Health & Wellbeing will inform you in advance if this is the case.

·       Serious Threat to Health or Safety:  If you communicate a specific, serious threat of physical violence against a specific, clearly identified or identifiable potential victim, Truyu Health & Wellbeing must make reasonable efforts to communicate this threat to the potential victim or to a law enforcement agency. Truyu Health & Wellbeing must also do so if a member of your family or someone who knows you well has reason to believe you are capable of and will carry out the threat. Truyu Health & Wellbeing also may disclose information about you necessary to protect you from a threat to commit suicide. 

·       Business Associates: Truyu Health & Wellbeing may use or disclose your PHI to an outside company that assists us in operating our health system. These outside companies are called “business associates” and they contract with us to keep any PHI received from us confidential the same way we do.

·       Worker’s Compensation: If you file a worker’s compensation claim, a release of information from Truyu Health & Wellbeing to your employer, insurer, the Department of Labor and Industry, or yourself will not need your prior approval.

·       Subpoena by a Court of Law: Truyu Health & Wellbeing is required to provide requested information stated on the subpoena to the court. The subpoena may require your clinician to be present in court to testify.

·       Court Ordered Services: If you receive services at Truyu Health & Wellbeing that are ordered by a court of law, Truyu Health & Wellbeing is required to forward the requested information to the court.

·       As Required by Government/Law: Truyu Health & Wellbeing will comply with all local, state, and federal agencies and regulations to comply with required disclosures of personal health information. This may include disclosures related to public health authority, coroner or medical examiner, military or veterans’ affairs agencies, national security purposes, and law enforcement matters.

IV.  Patient's Rights and Clinician's Duties

·       Right to Request Restrictions –You have the right to request restrictions on certain uses and disclosures of protected health information. However, Truyu Health & Wellbeing is not required to agree to a restriction you request. You also have the right to request that Truyu Health & Wellbeing not release any information to an insurance company if you have paid for the health service in full and out of pocket.

·       Right to Receive Confidential Communications by Alternative Means and at Alternative Locations – You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations. (For example, you may not want a family member to know that you are being seen at Truyu Health & Wellbeing. On your request, Truyu Health & Wellbeing will send your bills to another address).

·       Right to Inspect and Copy – You have the right to request in writing to inspect or obtain a copy (or both) of PHI in Truyu Health & Wellbeing’s mental health and billing records used to make decisions about you for as long as the PHI is maintained in the record. Truyu Health & Wellbeing may deny your access to PHI under certain circumstances, but in some cases, you may have this decision reviewed. On your request, Truyu Health & Wellbeing will discuss with you the details of the request and denial process.

·       Right to Amend – You have the right to request an amendment of PHI for as long as the PHI is maintained in the record. Truyu Health & Wellbeing may deny your request. On your request, Truyu Health & Wellbeing will discuss with you the details of the amendment process.

·       Right to an Accounting – You generally have the right to receive an accounting of disclosures of PHI for which you have neither provided consent nor authorization (as described in Section III of this Notice). On your request, Truyu Health & Wellbeing will discuss with you the details of the accounting process. 

·       Right to a Paper Copy – You have the right to obtain a paper copy of the notice from Truyu Health & Wellbeing upon request, even if you have agreed to receive the notice electronically.

·       Right to be Notified of a Breach: You have the right to be notified in the event that Truyu Health & Wellbeing (or one of our Business Associates) discovers a breach of your protected health information.

V.  Complaints

If you are concerned that Truyu Health & Wellbeing has violated your privacy rights, or if you disagree with a decision Truyu Health & Wellbeing made about access to your records, you may contact the owner of Truyu Health & Wellbeing, Dr. Leigh Hagglund at: (612) 567-7574 or mail to: Truyu Health & Wellbeing, 700 Twelve Oaks Center Dr., STE 225, Wayzata, MN 55391-4420. You will not be penalized for filing a complaint. You may also send a written complaint to the secretary of the U.S. Department of Health and Human Services. Dr. Hagglund can provide you with the appropriate address upon request.

IV.  Effective Date, Restrictions and Changes to Privacy Policy

This notice will go into effect on February 6, 2018. Updated April 17, 2025.

Truyu Health & Wellbeing’s Duties

Truyu Health & Wellbeing is required by law to maintain the privacy of PHI and to provide you with a notice of our legal duties and privacy practices with respect to PHI. Truyu Health & Wellbeing reserves the right to change the terms of this notice and to make the new notice provisions effective for all PHI that Truyu Health & Wellbeing maintains. Prior to the change taking effect, Truyu Health & Wellbeing will provide you with a revised notice. Truyu Health & Wellbeing will also provide the revision on their website, www.truyumn.com.