General Information

Rally Point Counseling, PLLC (Rally Point) and Rally Point Counselors are required to give you this Notice of Privacy Practices to comply with the regulations established under federal law (the Health Insurance Portability and Accountability Act – HIPAA). This notice is intended to describe your rights, and to inform you about the ways in which Rally Point and your counselor may disclose your Protected Health Information (PHI) and the obligations we have when using and disclosing your protected health information.

We are required to abide by the terms of this Privacy Practice Notice. We reserve the right to change the terms of our Privacy Practice Notice at any time. Any new Privacy Practice Notice will be effective for all PHI that we maintain at that time. We will provide you with a copy of the revised Privacy Practice Notice via our online portal and an updated copy of our Privacy Practices is always available on our website.

Your records at Rally Point contain personal information about you. This information about you may identify you, and things which relate to your past, present or future physical or mental health condition and related health care services are referred to as Protected Health Information (PHI).

We conduct regular data protection assessments to ensure that your sensitive data, including mental health and substance abuse information, is handled with the utmost confidentiality and security.

Rally Point and Rally Point Counselors respect your confidentiality and are committed to protecting your personal information. We will only disclose information that we are required to under state and federal law, and/or with your signed consent.

How we may use and disclose health information about you:

Following is a list of categories in which Rally Point may use and disclose your PHI. Not every use or disclosure in a category will be listed,  but all of the ways we are permitted to use and disclose information will fall within one of the categories.

For Treatment: In order to provide the best treatment possible, your PHI may be used and disclosed by those involved in your care for the purpose of providing, coordinating, or managing your counseling and related services. This includes clinical staff consultations and clinical supervision within Rally Point, and utilization review procedures under your insurance plan. Without your written authorization, we may not disclose PHI to any other individual, social agency, governmental agency, treatment professional or lay person except as mandated by law. 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, disclosures for treatment purposes are not limited to the minimum necessary standard. The word “treatment” includes, among other things, the coordination and management of health care providers with a third party, consultations between healthcare providers and referrals of a patient for healthcare from one health care provider to another.

For Psychotherapy Notes: Rally Point and Rally Point Counselors keep psychotherapy notes, and any use or disclosure of such notes requires your authorization unless the use or disclosure is for our use in treating you, for our use in training or supervising mental health providers within our practice, for our use in legal proceedings between us, for use by the Secretary of Health and Human Services to investigate compliance, required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes, required to help avert a serious threat to the health and safety of others, or otherwise required by law.

For Payment: We may use and disclose PHI so that we can receive payment for treatment services provided to you. This will only be done with your authorization. Examples of payment related activities are making a determination of eligibility or coverage for insurance benefits, processing appropriate identifying data for credit card utilization, processing claims with your insurance company, reviewing services provided to you to determine medical necessity, or undertaking utilization review activities. Insurance companies may request information from my therapist about therapy services received, which may include but is not limited to: a diagnosis or service code, description of services or symptoms, treatment plans/summary, and in some cases an entire client file. Once an insurance company receives this information, Rally Point and clients have no control of the security measures the insurance company takes or whether the insurance company shares the required information. Clients may request a copy of any report Rally Point submits to an insurance company on their behalf. If it becomes necessary to use collection processes due to lack of payment for services we will only disclose the minimum amount of PHI necessary for the purpose of collection, such as dates of services, attempts to secure payment. No personal history data would be shared.

For Health Care Operations: We may use or disclose, as needed, your PHI in order to support the running of our office including, but not limited to, quality assessment activities, employee review activities, licensing, and conducting or arranging for other business activities. For example, we may share your PHI with third parties and perform various business activities (e.g. billing or administrative services) provided we have a written contract with the business that requires it to safeguard the privacy of your PHI. For external training or teaching purposes PHI will not be disclosed without your written authorization.

As Required By Law: State law is more protective of certain information than the federal Privacy Rule. Under HIPAA, the more protective law is the controlling law. Accordingly, Rally Point and Rally Point Counselors will not disclose your information relating to treatment for mental health, developmental disabilities, alcoholism, drug dependence without in each case obtaining your authorization unless otherwise permitted or required by state or federal law. Where you give authorization, you may revoke it at any time.

The Privacy Rule and state law allow us to use or disclose your protected health information/patient health records without your authorization or informed consent for the limited reasons described below:

• As Required by Law: We are permitted to disclose your PHI when required to do so by federal, state or local law.

• Victims of Abuse, Neglect, or Domestic Violence: The Privacy Rule authorizes us to notify the appropriate government authority if a counselor believes a client has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree, or when required or authorized by law.

• Disputes, Lawsuits, Administrative Proceedings: If you are involved in a lawsuit or dispute, the Privacy Rule allows us to disclose your confidential PHI in response to a court administrative order. We may also disclose your PHI 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 if that is required by law. State law may require a court order for the release of client health care records in these circumstances, and may be considered more protective of your privacy than the Privacy Rule.

• Law Enforcement: The Privacy Rule allows us to disclose protected health information if asked to do so by a law enforcement official in the following circumstances:

• 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 the victim of a crime if, under certain limited circumstances, Rally Point. is unable to obtain the person’s agreement.

• About a death Rally Point believes may be the result of criminal conduct. About criminal conduct at Rally Point.

• In emergency circumstances to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.

State law generally requires a court order for the release of client health records in these circumstances, and may be considered more protective of your privacy than the Privacy Rule.

In accordance with State law, we maintain stringent confidentiality protections for substance abuse records. These records will not be disclosed without your explicit consent, except as required by law.

Specialized Government Functions: In certain circumstances, the Privacy Rule authorizes us to use or disclose your PHI to facilitate specified government functions:

• Military and Veterans. Rally Point may disclose the PHI of armed forces personnel as required by military command authorities for the proper execution of a military mission.

• National Security and Intelligence Activities. Rally Point may disclose your PHI to authorized federal officials for intelligence, counter intelligence, and other national security activities authorized by law.

• Protective Services for the President and others. Rally Point may disclose your PHI to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state, or to conduct special investigations.

• Medical Suitability Determinations. Rally Point may disclose your PHI to the Department of State for use in making medical suitability determinations.

Workers’ Compensation: It is our preference to obtain authorization from you prior to releasing PHI in this manner, but Rally Point maintains the right to release your PHI for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.

Serious Threats to Health or Safety: If a Rally Point Counselor is engaged in professional duties and you communicate to them a specific and immediate threat to cause serious bodily injury or death, to an identified or to an identifiable person, and they believe you have the intent and ability to carry out that threat immediately or imminently, they are legally required to take steps to protect third parties. These precautions may include warning the potential victim(s), or the parent or guardian of the potential victim(s), if under 18, notifying a law enforcement officer, or seeking your hospitalization. By our own policy, Rally Point and Rally Point Counselors may also use and disclose medical information about you when necessary to prevent an immediate, serious threat to your own health and safety. If you become a party in a civil commitment hearing, Rally Point can be required to provide your records to the magistrate, your attorney or guardian ad litem, a CSB evaluator, or a law enforcement officer, whether you are a minor or an adult.

Child Abuse Reporting: If Rally Point or a Rally Point Counselor has reason to suspect that a child is abused or neglected, they are required by state law to report the matter immediately to the appropriate state authority.

Couples & Family Therapy: When treating a couple or a family, the couple or family is considered to be the client. At times, it may be necessary to have a private session with an individual member of that couple or family. There may also be times when an individual member of the couple or family chooses to share information in a different manner that does not include other members of the couple or family (i.e on a telephone call, via email, or via private conversation). In general, what is said in these individual conversations is considered confidential and will not be disclosed to any third party unless your therapist is required to do so by law. However, in the event that you disclose information that is directly related to the treatment of the couple or family it may be necessary to share that information with the other members of the couple or the family in order to facilitate the therapeutic process. Your therapist will use his or her best judgment as to whether, when, and to what extent such disclosures will be made. If appropriate, your therapist will first give the individual the opportunity to make the disclosure themselves. This policy is intended to allow your therapist to continue to treat the couple or family by preventing, to the extent possible, a conflict of interest to arise where an individual’s interests may not be consistent with the interests of the couple or the family being treated. If you feel it necessary to talk about matters that you do not wish to have disclosed, you should consult with a separate therapist who can treat you individually.

Custody Situations: When treating a Client who is a Minor under the age of twelve (12) and where there exists a custody arrangement between the parents or legal guardians (such as a divorce or separation), it is Rally Point’s policy to communicate with both parents/guardians via email when sending emails pertaining to the Client’s treatment (i.e. all communication will “cc” both parties), unless all legal guardians have agreed to designate only one of themselves as a primary contact. This policy is necessary to maintain transparency and professionalism, and to ensure the well-being of the therapeutic relationship with the Minor Client. This policy does not supersede any court order outlining decision-making or custodial rights. Therapists further reserve the right, in their sole discretion, to engage in any individual email communication or face-to-face interaction in the lobby/waiting area of Rally Point offices.

Common Areas of Buildings: While we prioritize your privacy and confidentiality, please be aware that common areas such as the waiting room, hallways, and restrooms are not private. In these areas, conversations and activities may be overheard or observed by others, and your face may be recognizable. Therefore, Rally Point cannot guarantee anonymity when clients walk through common or administrative areas of Rally Point offices or building locations. 

Other Uses of Medical Information: Other uses and disclosures of 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 information about you, you may revoke that permission in writing at any time. If you revoke permission, we will no longer use or disclose the medical information about you for the reasons covered in your authorization. You understand that we are unable to take back any disclosure we have already made with your permission, and that we are required to retain our records of the care that we provided to you.

Extreme Risk Protection Orders: According to state law, a licensed health care professional or mental health professional may file a petition for a temporary Extreme Risk Protection Order or Firearms Restraining Order. An extreme risk protection order may warrant the surrender of firearm(s) when there is a significant risk of causing personal injury to self or others by having custody or control of a firearm(s). If at any time during the course of treatment the need to enact this policy arises, Rally Point shall make reasonable efforts to limit protected health information to the minimum necessary to accomplish the filing of the petition. The decision of a licensed health care professional or mental health professional to disclose protected health information, when made reasonably and in good faith to comply with this article, shall not be the basis for any civil, administrative, or criminal liability with respect to the licensed health care professional or licensed mental health professional.

Disclosures to family, friends, or others: We may provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.

Appointment Reminders: We may call, write or email to remind you of scheduled appointments, to inquire about your interest in continuing counseling or if you haven’t scheduled an appointment or have not notified us of the termination of your counseling. 

Marketing Communication: If you opt-in or subscribe to content produced by Rally Point, you may receive communications from us. Marketing communication of this nature is not made in connection with your status as a current or former client and is not considered professional advice. Your confidentiality is our priority, and we do not store your status as a past or current client in any non-secure systems. You may unsubscribe from all marketing communication from Rally Point at any time.

Sale of PHI: Rally Point will not sell your PHI in the normal course of business. 

Your Rights Regarding your PHI:

You have the following rights regarding PHI that we maintain about you. To exercise any of these rights, please submit your request in writing to Rally Point Counseling, PLLC at 73 S Riverside Dr, Floor 3, Elgin, IL, 60120, or by email at hello@rallypointcounseling.com.

Right to Access to Inspect and Copy. You have the right to inspect and copy a designated set of your Rally Point and/or your specific counselor’s maintained records. This designated set typically includes counseling and billing records, but may not include your counselor's personal psychotherapy notes.

Right to a Reporting of Disclosures. You have the right to request an accounting of certain disclosures that we make of your PHI. We may charge you a reasonable fee if you request more than one accounting in any 12-month period.

Right to Amend: You have the right to request that PHI Rally Point or your individual counselor has on file for you be amended. Your request must be made in writing, and must include reasoning that supports your request. Rally Point may deny your request if you are requesting information be amended that was not created by Rally Point or a Rally Point Counselor, is not part of medical information kept by us, is not part of the information you would be permitted to inspect or copy, or if the information listed is accurate and complete. In these instances, your request will be added to the information record. 

Right to Request Restrictions. You have the right to request a restriction or limitation on the use of disclosure of your PHI for treatment, payment or health care operation. We are not required to agree to your request. A request for restrictions must be in writing, directed to Rally Point Counseling, PLLC. and should include (1) what information you want to limit; (2) whether you want to limit its use, disclosure or both; and (3) to whom you want the limits to apply. You also have the right to request that Rally Point not disclose PHI to health plans related solely to services you have paid for out-of-pocket and in full.

Right to Delete: You have the right to request that PHI Rally Point or your individual counselor has on file for you be deleted. Your request must be made in writing, and must include reasoning that supports your request. 

Right to Opt-Out: You have the right to opt-out of the processing of your personal data for targeted advertising, sale, or profiling.

Right to Request Confidential Communication. You have the right to request that we communicate with you in a certain way or at a certain location. For instance, you may ask that we phone you at home or by cell phone, rather then at work.

Right to Receive a Notification of PHI Confidentiality Breach. Rally Point is required to notify you if we discover a privacy breach, defined as the acquisition, access, use, or disclosure of your PHI that compromises the security or privacy of your PHI.

Rights Pertaining to Minors. Under state law, minors age 12 through 17 have the right to access and authorize the release of their own mental health records and information, and their parents or legal guardians have such rights only if state law allows, the minor does not object, or a Rally Point Counselor does not feel there are compelling reasons to deny parental or legal guardian access. Parents or legal guardians may always receive information regarding the minor’s physical and mental condition, diagnosis, treatment needs, services provided/needed, and medication. 

Complaints: If you believe Rally Point. or your specific counselor has violated your privacy rights, you have the right to file a complaint in writing to Rally Point’s office, to the Secretary of Health and Human Services at 200 Independence Avenue, S.W. Washington, D.C. 20201, or to applicable state regulatory agencies.

Right to a Copy of this Notice. You have a right to a copy of this notice.

Acknowledgment

Acknowledging this document means you have read, understand, and agree to the above disclosures and policies; and have had a chance to ask questions about anything in this document that is unclear.

Effective Date Of This Document

This document and the terms within went into effect on July 1st, 2024.

For Questions Contact:

Rally Point - hello@rallypointcounseling.com