This notice is written in
accordance with the privacy regulations promulgated under the Health
Insurance Portability and Accountability Act (HIPAA), 45 CTR parts 160 and
164 (the "Privacy Regulation"). It describes how medical information about
you and your family members may be used and disclosed and how you can get
access to this information. IFL complies with these privacy regulations and
all other laws and regulations pertaining to our client's and member's right
to privacy. Under normal circumstances, IFL therapists or stand-in
therapists are obligated to, and will maintain strict confidentiality of
information provided to them by you and will disclose no information or the
fact that you are a client or member of IFL without your written consent,
which can be revoked by you at any time. By law, however, IFL
therapists or stand-in therapists must make certain exceptions to this rule.
The following is a complete list of occasions when other authorities must,
and will be notified of client information without your consent:
> Client disclosures
to therapist of a specific and immediate (and as of 7/1/08 a substantial
likelihood in the near future per Virginia law) threat to cause serious
bodily injury or death to self or identifiable others, and the therapist
believes client or member has the intent and ability to carry out said
threat, therapist will take steps to protect client or third parties.
These precautions may include but are
not limited to: 1) contacting emergency services personnel in the geographic
location the client is contacting IFL from, which may include law
enforcement authorities; 2) contact with parent or guardian of the
potential victim(s) if under age 18; 3) warning the potential victim(s);
4) if possible contact with significant others
who might be able to render assistance and protection; 5) referral to
mental health treatment facilities; and/or 6) contracting for safety.
> During
vacation/emergencies of therapist when other colleague may cover
services.
> To ensure quality
service is provided, therapists may meet with consultant. When doing so,
no identifying information with be disclosed. Names of consultants will
be provided upon request.
> Third-party billers such as PayPal
will be provided with information that is only applicable to billing. At
this time IFL does not accept insurance nor contracts with managed care
companies.
> IFL office staff will
have access only to client and member information necessary for them to
carry out their administrative duties (e.g., records storage,
appointment confirmation or change notices, third-party billing issues,
etc.).
Virginia law requires
therapists to release information to others under the following
circumstances:
> Suspicion of abuse
or neglect of a child under the
age of 18 at the time of report or of an aged or incapacitated adult
must be reported to the Department of Social Services or its
out-of-state equivalent. This rule is in accordance with Virginia Code
Section 63.1-248.2, which defines reportable child abuse/neglect as
follows:
- Causes or threatens to cause a non-accidental
physical or mental injury;
- Neglects or refuses to provide adequate food,
clothing, shelter, emotional nurturing, or health care;
- Abandons the child;
- Neglects or refuses to provide adequate supervision
in relation to a child’s age and level of development; or
- Commits or allows to be committed any illegal
sexual act upon a child, including incest, rape, indecent exposure,
prostitution, or allows a child to be used in any sexually explicit
visual material.
Many other states use under the age of 12 for when
adequate supervision becomes an issue, which is what IFL will use.
Disclosures or suspicions by the client that others have committed these
offenses will only be reported if the therapist suspects that abuse has
occurred and in some cases the therapist may advise the client to make
the report. Reports will be made within 24 hours of first suspicion to
the appropriate authorities in the geographic location where the
victim lives or where the abuse or neglect is suspected to have
occurred.
> For clients who
are licensed by a Health Regulatory Board of Virginia State, the
therapist will report that the client is receiving therapy if the
therapist believes the client's condition places the public at risk.
> Information that
a therapist or physician is engaging in unethical illegal practice must
be reported to their respective licensing board.
> When a court
orders the therapist to surrender records or give testimony. This may
apply in criminal cases, child abuse cases, courts in which client's
mental health is an issue, or other cases in which the judge "in the
exercise of sound discretion, deems it necessary for the proper
administration of justice." If a subpoena is issued seeking client IFL
records (email or chat transcripts or other records kept by IFL
regarding interactions with IFL), IFL will notify the client immediately
and, with client consent, will
cooperate with client's attorney in filing a motion to quash the
subpoena and request that the confidentiality of the therapy
relationship be protected. In Virginia, if a motion is made to quash,
IFL is required to place requested records in a sealed envelope and
provide them to the clerk of court of jurisdiction so the court can
determine whether the records should be released. You will be informed
in advance if this happens. The judge, however, has final authority in
the disclosure of client records or therapist testimony.
> Virginia law allows
certain others to request access to treatment records in specific
circumstances. These include: 1) protective services workers to
whom suspected abuse or neglect has been reported to, if they so
request; 2) court-appointed special advocates in child abuse or neglect
proceedings, if the court orders such; and 3) evaluators for minors'
involuntary commitment to inpatient treatment, if so requested by them.
In all these cases the IFL therapist will make every attempt to limit
the information disclosed by substituting an oral or written report
rather than submit actual treatment records.
> If you are under 18,
Virginia law allows your parents to obtain information and/or records
related to your treatment.
Disclosure of victim, abuser, and/or threats of harm to
self or others described in this preceding list will probably be in the best
psychospiritual interests (although not necessarily the legal or short-term
interests) of the client and any victims or abusers. If you do not agree
with this position then carefully consider what you communicate to
therapists regarding these issues. You may also wish to carefully consider
disclosing anything that may be damaging to you in court. Therapists will
make all attempts possible to quash subpoenas for court records or testimony
which may reflect negatively on the client in court if the records or
testimony has nothing to do with harm to self or others or child or
aged/incapacitated adult abuse or
neglect. Requests by clients for release of information to third parties
must be in writing, on forms provided by IFL, and on file with IFL before
the information is released.
If an IFL client wishes IFL to release information about
his or herself to a third party, IFL requires the client to first sign a
written release of information form, which will be provided to the client by
IFL. This release of information form must first be on file with IFL before
any information is released to the third party. The client acknowledges that
he or she will be responsible for mailing the completed release to IFL, P.O.
Box 2867, Virginia Beach, VA
23450-2867. IFL will not release information regarding the client, or even
acknowledge that the client receives services from IFL, to any third party
without this release of information unless the information falls under one
of the exceptions discussed above in this section.
Be advised that your information provided to any third party may become a
permanent part of your file with them, and that neither you nor IFL will
have control over the further confidentiality of that information or whether
it is re-released for other purposes. IFL employees and contract therapists may exchange client information
with each other on a need-to-know basis and will avoid exchanging personal
identifying information such as the client’s name or contact information
unless necessary in order to provide service to the client or in the
performance of administrative functions. IFL therapists may exchange client
information with each other in order to obtain additional input for a
diagnostic assessment or treatment strategies and will avoid disclosing
identifying information unless necessary.
The client acknowledges an understanding of the
conditions under which IFL will release client information to third parties
and to IFL therapists and other employees that do not directly serve the
client. The client also agrees to not hold IFL liable or responsible in any
way for any type of damages or injuries resulting from the release of client
information to third parties or IFL therapists and other employees who do
not provide primary service to the client.
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10) Client/Member Rights
> RIGHT TO REQUEST RESTRICTIONS. You have
the right to request restrictions on certain uses and disclosures of
protected health information about you. The IFL therapist, however, may not
be required to agree to a restriction that you request.
> RIGHT TO RECEIVE CONFIDENTIAL
COMMUNICATIONS BY ALTERNATIVE MEANS AND AT ALTERNATE LOCATIONS. You have the
right to request and receive confidential communications of personal health
information by alternative means and alternative locations such as having
your bills sent to a different address.
> RIGHT TO INSPECT AND COPY. You have the
right to inspect or obtain a copy (or both) of your personal health
information and psychotherapy notes in your therapist's records and billing
records that are used to make decisions about you for as long as the
personal health information is maintained in the record (six years for IFL).
Your therapist may deny you access to the personal health information under
certain circumstances but in some cases you can have this decision reviewed.
Upon your request, the therapist will discuss with you the details of the
request and denial process.
> RIGHT TO AMEND. You have the right to
request an amendment of your personal health information for as long as the
information is maintained in the record. Your therapist may deny your
request but will disclose the details of the amendment process.
> RIGHT TO AN ACCOUNTING. You generally have
the right to receive an accounting of the disclosures of your personal
health information for which you have neither provided consent of
authorization as described in Section 9 of this agreement. Upon request by
you, your therapist will discuss with you the details of this accounting
process.
> RIGHT TO A PAPER COPY. You have the right
to obtain a paper copy of this notice from your therapist upon request, even
if you have agreed to receive the notice electronically.
If you are concerned that your privacy
rights have been violated or you disagree with a decision made by your
therapist about access to your records or for additional information
regarding privacy policy please contact the IFL Director. You may also send
a written complaint to the Secretary of the U.S. Department of Health and
Human Services.
IFL reserves the right to change this notice
and to make a revised and changed notice effective for medical and mental
health information. The current notice containing the effective date, which
is currently 3/1/08, will be maintained in this section of this agreement.
For further information regarding the
Privacy Regulations contained in this section and Section 9 of this
agreement, speak with your therapist, the IFL Director, or their delegate.
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11) Availability and Response Time of IFL
IFL is currently a service that is operated
on a part-time basis by one person. Consequently, new blog postings, email
and regular mail may not be checked for up to a week or more and responses
to many communications may not occur at all, with the exception of
individual pay-for services (not general membership). There may also be occasions when
the IFL counselor is out of town and can not find a stand-in counselor. If
such a case occurs, a notice will be posted on the website that will indicate when normal services will
resume. If the client needs to contact a counselor sooner than the response
time indicated by IFL for conventional mental health counseling, clients
residing in the U.S. can find local NCCs by linking to the NBCC at:
www.nbcc.org
and by following the instructions described in section (02).
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12) Policies for Services and Missed/Late Appointments
All fees are nonrefundable and will be collected and
cleared in advance of services via credit card, check, or money order
payment. Credit cards will be processed through a secure online service. The
client must settle insufficient funds penalties charged to IFL with IFL
before the client may receive future services. Fees for all IFL services are
disclosed in the Services section of the website. IFL does not
accept insurance company reimbursements for services. Full advance
payment for services prior to service delivery is the exclusive
responsibility of the client.
If a client misses a session for any reason without
advance notice by email or regular mail to IFL of at least 24 hours prior to
the appointment, a missed session fee equal to one-half of the service fee will be charged to the client. Any remaining fees
prepaid by the client will become a nonrefundable credit towards future IFL
services. If a client begins a session late, IFL is only obligated to
provide services for the time remaining in that scheduled session at the
full price of the session with no credit given for future services.
The client agrees to these preceding terms for fees and
policies for services and missed/late appointments as a condition of
services rendered by IFL.
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13) Preservation of Email or Session Data
The client acknowledges that IFL may preserve the data
exchanged from email inquiries, during one-on-one chat or instant messenger
sessions, during telephone sessions, and from any intake forms which the
client completes unless the client specifies otherwise before the session
begins. If the client does not wish an email exchange to be recorded, the
client acknowledges and agrees that he or she must state so within the
content of the email transmission. Once the data is recorded it is required
by state law to be kept for a minimum of five years after termination of the
counseling relationship. Data will be stored in a locked container
accessible only by IFL personnel and will be removed from IFL hard drives
following the download of the data to disk. Hard paper records will be kept
from telephone sessions. Records will not be kept from group chat sessions.
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14) Communications Security
IFL clients have the option to transfer information to
and from IFL via encryption when emailing or during one-on-one or
small-group chat sessions in order to ensure greater privacy. Use of
unencrypted communications increases the possibility of a breach of
confidentiality. Client acknowledges that counseling services which IFL
offers via telephone will always be unencrypted.
Encrypted email exchanges are accomplished by use of
“digital IDs” which is composed of a “public key,” a “private key,” and a
“digital signature.” When you digitally sign your messages, you are adding
your digital signature and public key to the message. The combination of a
digital signature and public key is called a “certificate.” Recipients can
use your digital signature to verify your identity and they can use your
public key to send you encrypted mail that only you can read by using your
private key. To send encrypted messages, your address book must contain
digital IDs for each recipient. That way, you can use their public keys to
encrypt the messages. When a recipient gets an encrypted message, their
private key is used to decrypt the message for reading. Clients must obtain
their digital IDs from certification authorities such as VeriSign for a
nominal fee. Clients should consult their email software or email
administrators for further details that may be unique to their particular
systems.
When chatting with IFL via non-secure Yahoo Instant Messenger (YIM) or by secure
instant messenger using Boomerang Software's Secure Shuttle Transport (SST),
members are responsible for downloading the instant messenger software for
whichever means they prefer by going to either
www.secureshuttle.com for SST or
http://messenger.yahoo.com for YIM.
Client acknowledges that the secure internet
communications options IFL utilizes is not an absolute guarantee of privacy.
With enough persistence and knowledge almost any security system can be
breached. Client also acknowledges that if he or she wishes to utilize
encrypted email, that the client is responsible for selecting and contacting
a certification authority and will also be responsible for any fees charged
by such services.
Every IFL client is issued a password or service code
number in order to ensure the identity of the client, to verify that the
client has prepaid for services, and to protect the privacy of the client.
The client acknowledges that he or she is responsible for protecting
passwords or service code numbers from use by unauthorized persons. The
client further agrees that IFL will not be held responsible or liable in
any way for any damages or injury caused from the unauthorized use of
compromised passwords or service code numbers.
IFL will assume that the client does not wish to utilize
encrypted communications when the client transmits an unencrypted email to
IFL unless the client states otherwise within the text of the email he or
she has sent. Likewise, if the email is sent encrypted by the client to IFL,
it will be assumed that the client desires an encrypted response unless
indicated otherwise within the text of the email the client has sent.
Encrypted provisions will be made for one-on-one live chat sessions by IFL
when this is indicated by the client during the service ordering process.
Live encrypted or unencrypted group chat sessions must be agreed to either
one way or the other by all participants in the group.
The client acknowledges and agrees to accept these rules
for client selection of encrypted or unencrypted communications with IFL and
also agrees to not hold IFL liable or responsible in any way for any type of
damages or injuries to the client arising from encrypted or unencrypted
communication insecurities which occur while in the course of communicating
with IFL. The client also agrees to accept full responsibility for notifying
IFL of his or her choice for encrypted or unencrypted communications.
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15) Technical Difficulties Which May Arise From Use of IFL
Myriad technical difficulties may arise from email
exchanges or during chat sessions with IFL that may interrupt service and
frustrate the client. In most cases, if the client or IFL can not determine
how to correct these difficulties, more than likely the administrators of
the internet provider service, email service, or chat session service of the
client or IFL can guide the client or IFL to a resolution of the problem. In
the meantime, however, IFL recommends the use of their telephone counseling
services or telephone communication between client and IFL to resolve
technical difficulties or to continue the interrupted service. The client
should remember that one reason IFL might not respond to an email is because
it never received the email due to some technical difficulty. Either
re-attempt to email or use the regular mail.
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16) Renewal and Termination of Services
IFL may at its discretion terminate a client’s free or
regular membership to IFL or IFL’s individual counseling relationship with a
member or nonmember client, without refund of membership or service fees,
for any reason it considers appropriate, which may include, but is not
limited to the following:
- making threats against IFL employees, members,
nonmember clients, or their family members
- exceeding the boundaries of the client-therapist
relationship
- attempting to become a “free member” more than once
- failing to pay service or membership fees to IFL
- use of abusive language towards IFL employees, members,
or nonmember clients
- discussing illegal activities with the intention of
committing them
- for actions which restrict or inhibit other clients
from using this service
- for attempts to alter the IFL Website in any way not
authorized by IFL
The client’s annual regular membership will automatically
be renewed unless IFL receives notice from the client that he or she does
not wish to renew his or her membership. This notice must be received by IFL
at least 30 days prior to the client’s renewal date, which will be the date
the client last became a regular member of IFL. The client may alternately
unsubscribe to his or her membership anytime prior to the renewal date by
clicking “Unsubscribe” buttons that are located in the Services &
Membership Ordering and Members Only pages of the website. If IFL
does not receive notice of intention to terminate membership at least 30
days prior to client renewal date (if not using the “Unsubscribe” button
alternative) IFL will automatically renew membership for one more year. Read
section (21) regarding Service of Notice for information on
acceptable forms of notice. Client may terminate his or her membership at
any time but will not receive any refund for the remaining unused part of
his or her membership. They will, however, continue to receive IFL member
services for any remaining time left in their membership unless they
expressly desire otherwise. Clients should expect their IFL therapist to support
them in their decision to terminate. Remember that clients are not required
to maintain an IFL membership in order to receive individual
services.
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17) Use of Copyrighted Material
All material resident at the IFL Website should be
considered copyrighted material. Client may not copy, reproduce, retransmit,
distribute, publish, use for any commercial purpose, or otherwise transfer
any material resident at the IFL Website without first obtaining the
permission of the Director of IFL. Client may only use a single copy of IFL
Website material for their own personal use, which in no way will convey any
ownership rights.
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18) Links to Other Websites
The IFL Website contains links to other websites. These
other websites are considered to be third parties. IFL is not responsible
for the content of these websites and makes no representation, warranty, or
endorsement with respect to any content or material, or its accuracy,
contained therein at any of these websites. The client agrees to not hold
IFL liable or responsible in any way for any damages or injuries arising
from the client’s use of or association with these other websites.
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19) Advertisements
The IFL Website may contain advertisements from third
parties. These advertisements may contain links to other websites. IFL is
not responsible for the content, products, or services of these websites and
makes no representation, warranty, or endorsement of any product or the
content or accuracy of any materials contained in, or linked to, any
advertisement on the website. The client agrees to not hold IFL liable or
responsible in any way for any type of damages or injuries as result of the
client’s use of or association with these other websites.
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20) Service Marks and Trademarks
Insight-for-living and IFL logos are service marks of
Insight-for-living. All other service marks and trademarks appearing on the
website belong to their respective owners.
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21) Service of Notice
IFL may give acceptable notice to the client by means of
a general notice posted on the IFL Website or by email, fax, or letter via mail to the client. Client may give IFL
acceptable notice via email or letter mailed to IFL, P.O. Box 2867, Virginia Beach, VA 23450-2867. Other forms of notice to IFL will be deemed
unacceptable. The client agrees to accept these terms of service of notice
and agrees to not hold IFL liable or responsible in any way for any type of
damages or injuries that result from any type or cause of failure of service
by the client or IFL.
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22) Choice of Law
This Agreement and the Terms and Conditions set forth
herein shall be construed under and governed by the laws of the Commonwealth
of Virginia, and any dispute arising from this Agreement or a breach of this
Agreement will be governed by the laws of the Commonwealth of Virginia.
Client agrees to personal jurisdiction by the state and federal courts
sitting in the Commonwealth of Virginia. Client agrees to settle all
disputes arising from this Agreement or a breach of this Agreement by
mediation and by a mediator chosen by IFL if unable to first settle the
dispute directly with IFL.
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23) Merger Clause
This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter contained herein and
supersedes any and all other agreements, communication (written or oral)
between IFL and the client. IFL may amend this Agreement or impose new
conditions at any time by notice to client as posted in this Agreement under
section (27) of this Agreement entitled Revisions to This Agreement
or elsewhere in the IFL Website or by other means as described in section
(21) of this Agreement entitled Service of Notice. Any use of the IFL
Website or any other IFL service by client after such notice shall be deemed
to constitute acceptance by client of such amendments, modifications, or new
conditions.
It is understood and agreed to by the client that if any
part, term, or provision of this Agreement is held by a court to be illegal
or in conflict with any law of the Commonwealth of Virginia, the validity of
the remaining terms of this Agreement shall not be altered, and the rights
and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the part, term, or provision held invalid.
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24) Limitations of Liability
Because the information provided by this Website in many
cases represents the subjective opinion of IFL and/or may contain errors,
incompleteness, or inaccuracies, IFL does not assume any liability or
responsibility for any damage or injury to the client from its use. IFL will
also not assume liability or responsibility for the conduct of other clients
or visitors to the IFL Website or from third parties. The client assumes
full risk of injury or damage from the foregoing. The client agrees to use
the IFL Website or other IFL services and any information and/or advice
provided by IFL at his or her own risk.
The client agrees to not hold IFL liable or responsible
in any way from any type of damages or injuries of any nature including, but
not limited to, direct, indirect, incidental, consequential, or special
damages or injuries arising out of the client’s use of the IFL Website or
other IFL services or due to the inability to access or use the IFL Website
or other services provided by IFL.
The client acknowledges that he or she understands and
agrees to not only these limitations of liability but also all other
sections of the TERMS AND CONDITIONS OF SERVICE AND/OR MEMBERSHIP
AGREEMENT as well. The client also acknowledges that he or she elects to
participate in online and/or telephone counseling with IFL with this
understanding in mind.
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25) Other Notifications
None currently.
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26) New Notifications
None currently.
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27) Revisions to This Agreement
None currently.
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