Notice of Privacy Practices

Soft Power Psychotherapy is required by law to protect the privacy of your health information, to give you this notice describing our legal duties and privacy practices, and to follow the terms of the notice currently in effect.

We know that “notice of privacy practices” sounds like paperwork to sign and forget. It is not. This is the document that tells you exactly what we can do with the most private things you will ever tell anyone — and, just as importantly, what we cannot.

You may ask for a paper copy of this notice at any time, even if you have already received one electronically. Use the print button on this page, or call us and we will mail one to you.

This notice applies to Soft Power Psychotherapy, to every clinician and workforce member of the practice, and to all of the protected health information (PHI) we create or receive about you.

PHI is any information that identifies you and relates to your mental or physical health, the care you receive, or payment for that care. It includes your record, session notes, assessments, diagnoses, treatment plans, appointment times, billing records, and even the fact that you are a client here.

This notice does not govern our public website. Information you send through the contact form before you are a client is covered by our Privacy Policy.

There are three ordinary purposes for which we may use or disclose your PHI without asking you first. Everything else is the exception, not the rule.

Treatment

To provide, coordinate, or manage your care. For example: your therapist consults with another clinician in the practice about your treatment plan; we coordinate with your psychiatrist about medication, if you have signed a release; or we give emergency responders the information they need if your safety is at risk.

Payment

To bill and collect for your care. For example: we verify your insurance benefits, submit a claim that includes your diagnosis and dates of service, or respond to an insurer’s request to determine whether treatment is covered.

Health care operations

To run the practice and maintain quality. For example: clinical supervision of an associate-level therapist, internal quality review, training, licensing and accreditation activities, or working with our attorney or accountant.

Some things we will never do without your specific, written authorization:

• Psychotherapy notes. Almost any disclosure of psychotherapy notes requires your authorization, with narrow legal exceptions. See the section on extra-protected information below.
• Marketing. We will not use your information to market anything to you, and we will not disclose it so someone else can.
• Sale of information. We will never sell your protected health information. Full stop.
• Any other purpose not described in this notice or otherwise permitted by law.

You may revoke an authorization in writing at any time. Revoking it stops any future use or disclosure — it cannot undo something we already did while the authorization was valid.

In specific, limited situations, the law allows or requires us to disclose PHI without your authorization. We do not take these lightly, and we disclose only what the situation requires.

• When required by law. Federal, state, or local law that compels the disclosure.
• To prevent serious harm. If we believe there is a serious and imminent threat to your health or safety, or to someone else’s, we may disclose to the people able to prevent it — including law enforcement or an intended victim. Texas and New Jersey law both address a therapist’s duty here.
• Abuse or neglect. We are mandated reporters. Suspected abuse or neglect of a child, an elderly person, or a person with a disability must be reported to the appropriate authorities.
• Public health activities. Reporting disease, injury, vital statistics, or reactions to products, to public health authorities.
• Health oversight. Audits, investigations, licensing, and inspections by agencies that oversee the health care system, including licensing boards.
• Judicial and administrative proceedings. In response to a court order, or in response to a subpoena, discovery request, or other lawful process where the required legal protections are satisfied. Mental health records carry heightened protection in both Texas and New Jersey, and we do not release them on a bare subpoena alone where the law requires more.
• Law enforcement. In limited circumstances defined by law, such as a valid court order or identifying a suspect or missing person.
• Coroners, medical examiners, and funeral directors. To carry out their duties.
• Organ and tissue donation. Where applicable.
• Research. Only where an institutional review board or privacy board has approved the research and the required privacy protections are in place.
• Workers' compensation. As authorized by workers' compensation laws.
• Specialized government functions. Military and veterans activities, national security and intelligence, protective services, and correctional institutions, where the law provides.
• Business associates. To vendors who perform services for us — such as billing, electronic records, or secure telehealth — each of whom must sign a Business Associate Agreement obligating them to protect your information.

We will also disclose your information to the Secretary of the U.S. Department of Health and Human Services if required for an investigation into our compliance with HIPAA.

We may share information with a family member, a friend, or another person you identify — but only the information directly relevant to that person’s involvement in your care or payment, and only when you have agreed or had the chance to object.

In couples and family therapy, we will talk with you at the start about how information is handled among the people in the room, because that arrangement needs to be explicit before it matters.

For a minor client, a parent or legal guardian generally has access to the record, subject to state law. We discuss with every family what will be shared and what stays confidential between the teen and their therapist, because adolescents do not open up without knowing where that line sits.

If you are ever unavailable — an emergency, an incapacity — we may use professional judgment to disclose what is in your best interest. You may ask us at any time to limit or stop these disclosures, and we will document your instruction.

Some categories of information are protected more strictly than ordinary PHI, by federal or state law:

Psychotherapy notes

Under HIPAA, psychotherapy notes are a therapist’s private notes analyzing a conversation, kept separately from the rest of your record. They are not your diagnosis, medications, session start and stop times, treatment modalities, test results, or treatment plan — those live in the medical record. Psychotherapy notes require your specific written authorization for nearly any disclosure, and an insurer may not condition your coverage on your releasing them. Your right of access under HIPAA does not extend to psychotherapy notes.

Substance use disorder records

Records of substance use disorder treatment may be protected by federal law at 42 CFR Part 2, which is stricter than HIPAA and generally requires your written consent before disclosure — including to law enforcement and in many legal proceedings.

Mental health records under state law

Texas Health & Safety Code Chapter 611 gives mental health records specific protection in Texas, and New Jersey provides comparable protection. Where state law is stricter than HIPAA, we follow state law.

HIV, genetic, and other sensitive information

Where information about HIV status, genetic testing, or other categories carries special protection under state or federal law, we follow the stricter rule.

These are yours. Exercising them costs nothing but a phone call, and asking never affects your care.

The right to see and get a copy of your record

You may inspect and receive a copy of the health information we use to make decisions about your care. Ask us in writing, and we will respond within 30 days (with one 30-day extension if we need it and tell you why). If your record is electronic, you may ask for an electronic copy, and you may ask us to send it to someone you designate. We may charge a reasonable, cost-based fee for copies. In limited circumstances we may deny access — for example, if we believe access would endanger you or someone else — and you may have that denial reviewed by another licensed professional.

The right to ask for a correction

If you believe something in your record is wrong or incomplete, ask us to amend it. We will respond within 60 days. If we deny the request, we will tell you why in writing, and you may file a statement of disagreement that becomes part of your record.

The right to know where your information went

You may request an accounting of disclosures — a list of certain disclosures we made in the six years before your request. It excludes disclosures for treatment, payment, and health care operations, disclosures you authorized, and a few other categories. One list every 12 months is free.

The right to ask us to restrict what we share

You may ask us to limit the information we use or disclose for treatment, payment, or operations, or to a person involved in your care. We are not required to agree to every request — but there is one we must honor: if you pay for a service in full, out of pocket, and ask us not to tell your health plan about it, we will not, unless the law requires it.

The right to be contacted a particular way

You may ask us to communicate with you only at a certain phone number, address, or by a certain method — no voicemail, no mail to your home, texts only. We will accommodate reasonable requests and we will not ask you why.

The right to a paper copy of this notice

Ask at any time, even if you agreed to receive it electronically, and we will give you one.

The right to be told about a breach

If your unsecured protected health information is ever breached, we will notify you without unreasonable delay and no later than 60 days after we discover it.

The right to choose someone to act for you

If you have given someone medical power of attorney, or someone is your legal guardian, that person can exercise these rights for you. We will verify their authority before acting.

The right to complain

Explained in the next section — and it never affects your care.

• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
• We must follow the duties and privacy practices described in this notice and give you a copy of it.
• We will not use or share your information other than as described here unless you tell us we may, in writing. If you tell us we may, you can change your mind at any time.
• We will not retaliate against you for exercising any right in this notice.

If you believe your privacy rights have been violated, tell us. Most problems are a mistake we can fix quickly, and we would rather hear it from you than not hear it at all.

With our practice

Contact our Privacy Officer at (510) 877-0950 or through our contact form. Complaints may be made verbally or in writing.

With the federal government

You may file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights. Complaints generally must be filed within 180 days of when you knew the violation occurred.

• Online: hhs.gov/hipaa/filing-a-complaint
• Phone: 1-877-696-6775
• Mail: U.S. Department of Health and Human Services, Office for Civil Rights, 200 Independence Avenue SW, Room 509F, HHH Building, Washington, D.C. 20201

With a state licensing board

You may also contact the Texas Behavioral Health Executive Council or the New Jersey Division of Consumer Affairs, State Board of Marriage and Family Therapy Examiners.

Texas law requires us to notify Texas residents that their protected health information may be disclosed electronically.

We may change this notice, and the changed notice will apply to information we already have about you as well as information we receive in the future. The current notice will always be posted at this URL with its effective date, and paper copies are available at your request.

If we make a material change, we will post the revised notice here promptly and provide it to you at your next appointment.

To exercise a right in this notice, ask a question, or request a paper copy:

• Soft Power Psychotherapy — Privacy Officer
• Phone: (510) 877-0950
• Web: softpowerpsychotherapy.com/contact
• Telehealth throughout Texas and New Jersey

Effective date of this notice: August 7, 2026.