Company Privacy Policy

Effective Date of Notice: October 12th, 2025

HIPAA & Notice of Privacy Practices

Wellthy Psychiatry and Wellness, A Professional Nursing Corporation is committed to maintaining and protecting the confidentiality of the individual’s PHI (Protected Health Information). Wellthy Psychiatry and Wellness, A Professional Nursing Corporation is required by federal and state law, including the Health Insurance Portability and Accountability Act (“HIPAA”), to protect the individual’s PHI and other personal information. Wellthy Psychiatry and Wellness, A Professional Nursing Corporation is required to provide the individual with this Notice of Privacy Practices regarding our specific policies, safeguards, and practices. When Wellthy Psychiatry and Wellness, A Professional Nursing Corporation uses or discloses an individual’s PHI, we are bound by the terms of this Notice of Privacy Practices, or the revised notice of Privacy Practices, if applicable. 

I. Our Pledge Regarding Your Personal Health Information:

  • We understand that health information about you and your health care is personal. We are committed to protecting health information about you. We create a record of the care and services you receive from us. We need this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care generated by this mental health care practice. This notice will tell you about the ways in which we may use and disclose health information about you. We also describe your rights to the health information we keep about you, and describe certain obligations we have regarding the use and disclosure of your health information. We are required by law to:

    • Make sure that protected health information (“PHI”) that identifies you is kept private.

    • Give you this notice of our legal duties and privacy practices with respect to health information.

    • Follow the terms of the notice that is currently in effect.

    • We reserve the right to change the privacy policies and practices described in this notice. Unless you are notified of such changes, Wellthy Psychiatry and Wellness, A Professional Nursing Corporation is required to abide by the terms currently in effect. 

II. How We May Use and Disclose Your Health Information:

The following describes the ways Wellthy Psychiatry and Wellness, A Professional Nursing Corporation may use and disclose PHI. Except for the purposes described below, Wellthy Psychiatry and Wellness, A Professional Nursing Corporation will use and disclose PHI only with the individual’s written permission. The individual may revoke such permission at any time by written request to the practice.

  • For Treatment: We use and disclose your health information internally in the course of your treatment. If we wish to provide information outside of our practice for your treatment by another health care provider, we will have you sign an authorization for release of information. Furthermore, an authorization is required for most uses and disclosures of psychotherapy notes.

  • For Payment: We may use and disclose PHI so that we may bill and receive payment from the individual, an insurance company or third party for the treatment and services the individual received. For example, we may tell the individual’s insurance company about a treatment the individual is going to receive to determine whether the individual’s insurance company will cover the treatment.

  • For Health Care Operations: We may use and disclose PHI for health care operation purposes. For example, this could mean a review of records to assure quality. We may use and disclose PHI to contact the individual to remind them that they have an appointment.  We may also use your information to tell you about services, educational activities, and programs that we feel might be of interest to you.

  • Incidental Use and Disclosure: We are not required to eliminate every risk of an incidental use or disclosure of your PHI. Specifically, a use or disclosure of your PHI that occurs as a result of, or incident to an otherwise permitted use or disclosure is permitted as long as we have adopted reasonable safeguards to protect your PHI, and the information being shared was limited to the minimum necessary.

III. Special Situations in Which We May Disclose PHI Without Your Consent:

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

    • To Avert a Serious Threat to Health or Safety: We may use and disclose PHI when necessary to prevent a serious threat to the individual’s health and safety or the health and safety of others. Disclosures, however, will be made only to someone who may be able to help prevent or respond to the threat, such a law enforcement or potential victim.  For example, we may need to disclose information to law enforcement when a patient reveals participation in a violent crime.

    • Law Enforcement: We may release PHI if asked by a law enforcement official if the information is: (1) in response to a court order, subpoena, warrant, summons or similar process; (2) limited information to identify or locate a suspect, fugitive, material witness, or missing person; (3) about the victim of a crime even if, under certain very limited circumstances, we are unable to obtain the individual’s agreement; (4) about a death Wellthy Psychiatry and Wellness PLLC believes may be the result of criminal conduct; (5) about criminal conduct on our premises; and (6) in an emergency to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.

    • Abuse or Neglect: We may disclose your PHI to a state or local agency that is authorized by law to receive reports of abuse or neglect. However, the information we disclose is limited to only that information which is necessary to make the required mandated report.

    • Lawsuits and Disputes: If the individual is involved in a lawsuit or a dispute, Wellthy Psychiatry and Wellness, A Professional Nursing Corporation may disclose PHI in response to a court or administrative order. Wellthy Psychiatry & Wellness also may disclose PHI in response to a subpoena, discovery request, or other lawful request by someone else involved in the request or to allow the individual to obtain an order protecting the information requested.

  • Health Oversight: We may disclose PHI to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. If we disclose PHI to a health oversight agency, we will have an agreement in place that requires the agency to safeguard the privacy of your information.

  • Business Associates: Note that PHI may be shared with business associates who perform functions on Wellthy Psychiatry and Wellness’  behalf (billing, IT, etc.) under signed HIPAA-compliant agreements.

  • Public Health & Organ Donation: PHI may be shared for public health reporting (e.g., communicable diseases) or organ donation if applicable.

  • Military, Veterans, and National Security: If you are a member of the armed forces, we may release PHI as required by military command authorities. We may also release PHI about foreign military personnel to the appropriate foreign military authority. We may disclose PHI to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law, or to protect the President and other authorized persons.

  • Workers’ Compensation: We may release PHI for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illnesses.

IV. You Have the Following Rights with Respect to Your PHI:

  • The Right to Request Limits on Uses and Disclosures of Your PHI: You have the right to ask us not to use or disclose certain PHI for treatment, payment, or health care operations purposes. We are not required to agree to your request, and we may say “no” if we believe it would affect your health care.

  • The Right to Request Restrictions for Out-of-Pocket Expenses Paid for In Full: You have the right to request restrictions on disclosures of your PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service that you have paid for out-of-pocket in full.

  • The Right to Choose How We Send PHI to You: You have the right to ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address, and we will agree to all reasonable requests.

  • The Right to Inspect and Copy: You have the right to inspect or obtain a copy (or both) of PHI. Records must be requested in writing and release of information must be completed. Furthermore, there is a copying fee charge of 0.25 per page as well as reasonable clerical costs and actual postage costs. For electronic record requests, there is a reasonable cost-based standard with labor, media, and postage at a rate of $50/hr, rather than a flat makeup. If the request is for records needed to support an appeal or claim for a public benefit (e.g. Medi-Cal, Social Security Disability), you are entitled to a free copy of the “relevant portion” of the records under certain conditions Please make your request well in advance and allow 2 weeks to receive the copies. If we refuse your request for access to your records, you have a right of review, which we will discuss with you upon request.

  • The Right to an Accounting: You generally have the right to receive an accounting of disclosures of PHI regarding you. At your request, we will discuss with you the details of the accounting process.

  • Right to Choose Someone to Act for You: If someone is your legal guardian, that person can exercise your rights and make choices about your health information; we will make sure the person has this authority and can act for you before we take any action. 

  • The Right to Amend: If you believe the information in your records is incorrect and/or missing important information, you can ask us to make certain changes, also known as amending, to your health information. You have to make this request in writing. You must tell us the reasons you want to make these changes, and we will decide if it is and if we refuse to do so, we will tell you why within 60 days.

  • The Right to Get a Paper or Electronic Copy of this Notice: You have the right get a paper copy of this Notice, and you have the right to get a copy of this notice by e-mail. And, even if you have agreed to receive this Notice via e-mail, you also have the right to request a paper copy of it. (This notice will be available in your patient portal).

V. Confidentiality:

There is no guarantee of confidentiality under the following conditions:

● If I suspect you/your child are/is in imminent danger of harm to self or others, or a child or elderly person is being abused or neglected (as I am a mandated reporter)

● If a court orders a release of information

● If you initiate a malpractice lawsuit, or a billing dispute with a financial institution

● If your insurance company requests to review your/your child’s case

● If you pay by credit card, my name will appear on your credit card statement

● If you do not pay your bill, your balance due statement (including diagnostic and procedural codes) may be sent to a collections agency or other responsible party

● Between me and my administrative staff, or colleagues with whom I consult professionally 

You confirm you have reviewed my HIPAA privacy practices here: https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/coveredentities/notice.pdf

Effective Date of Notice: 10/12/2025, October 12th, 2025

If you have questions or would like to file a complaint, contact our Privacy Officer at earl@wellthytpsychiatry.com or call/ text (415) 409-9286‬. For written requests, use the mailing address One Sansome Street Suite  1400 - OS22579, San Francisco, CA 94104.

You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, without fear of retaliation.