320 N. Judd Parkway, Suite 200
Fuquay Varina, NC 27526
Please call 919-557-8222

Confidentiality

The law protects the privacy of all communications between a patient and a counselor. In most situations, we can only release information about your treatment to others if you sign a written Authorization form that meets certain legal requirements imposed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The following are situations that require only that you provide written, advance consent.

  • We may occasionally find it helpful to consult other health and mental health professionals about a case. During a consultation, we will make every effort to avoid revealing your identity. The other professionals are also legally bound to keep the information confidential.
  • You should be aware that CCS practices with other health professionals and that we employ administrative staff. In most cases, we will need to share protected information with these individuals for both clinical and administrative purposes, such as scheduling, billing and quality assurance. All of the mental health professionals are bound by the same rules of confidentiality. All staff members have been given training about protecting your privacy and have agreed not to release any information outside of the practice without the permission of a professional staff member.
  • At times, CCS will also have contracts with other businesses. As required by HIPAA, we have a formal business associate contract with these businesses, in which they promise to maintain the confidentiality of this data except as specifically allowed in the contract or otherwise required by law. If you wish, we can provide you with the names of these organizations and/or a blank copy of this contract.
  • If CCS believes that a patient presents an imminent danger to his/her health or safety, we may be obligated to seek hospitalization for the patient or to contact family members or others who can help provide protection.

There are some situations where CCS is permitted or required to disclose information without either your consent or Authorization:

  • If you are involved in a court proceeding and a request is made for information concerning the professional services that CCS provided you, such information is protected by the counselor-patient privilege law. We cannot provide any information without your written authorization or a court order. If you are involved in or contemplating litigation, you should consult with your attorney to determine whether a court would be likely to order us to disclose information.
  • If a government agency is requesting the information for health oversight activities, CCS may be required to provide it for them.
  • If a patient files a complaint or lawsuit against Clayton Counseling Services, CCS may disclose relevant information regarding that patient in order to defend itself.
  • If a patient files a worker's compensation claim, and our services are being compensated through workers compensation benefits, CCS must, upon appropriate request, provide a copy of the patient's record to the patient's employer or the North Carolina Industrial Commission.

There are some situations in which CCS is legally obligated to take actions, which we believe are necessary to attempt to protect others from harm and we may have to reveal some information about a patient's treatment. These situations are rare.

  • If CCS believes that a patient presents an imminent danger to the health and safety of another, we may be required to disclose information in order to take protective actions, including initiating hospitalization, warning the potential victim, if identifiable, and/or contacting the police.
  • If CCS has cause to suspect that a child under 18 is abused or neglected, or if we have reasonable cause to believe that a disabled or older (age 65 and older) adult is in need of protective services, the law requires that we file a report with the County Director of Social Services. Once such a report is filed, CCS may be required to provide additional information.

If such a situation arises, CCS will make every effort to fully discuss it with you before taking any action and we will limit our disclosure to what is necessary.

While this written summary of exceptions to confidentiality should prove helpful in informing you about potential problems, it is important that you discuss any questions or concerns that you may have now or in the future. The laws governing confidentiality can be quite complex, and we are not attorneys. In situations where specific advice is required, formal legal advice may be needed.