We may use or disclose your health information as permitted or required by federal and Illinois law. Because Illinois law provides additional protections for mental health records and communications, a disclosure that HIPAA permits may still be limited by Illinois law.

How we typically use or share your health information

Treatment. We may use your health information and share it with other professionals involved in your care when permitted by applicable law. Illinois mental health confidentiality requirements may require your written consent for disclosures that would otherwise be permitted under HIPAA.

Health care operations. We may use and disclose health information as needed to operate the practice, manage services, improve quality, and carry out other health care operations permitted by law.

Payment. We may use and disclose health information to bill and obtain payment from health plans or other responsible parties. Disclosures are limited as required by applicable law.

Other uses and disclosures permitted or required by law

HIPAA permits or requires disclosures in certain circumstances, but additional conditions and Illinois confidentiality protections may apply. Depending on the circumstances and applicable law, these may include:

• Public health and safety activities, including certain reporting obligations and efforts to prevent or reduce a serious threat to health or safety.

• Health oversight activities authorized by law.

• Research when applicable legal requirements are satisfied.

• Compliance with federal or state law, including disclosures to government agencies responsible for enforcing health privacy laws.

• Workers’ compensation or similar programs when authorized by law.

• Certain disclosures to coroners, medical examiners, or funeral directors.

• Certain law enforcement or governmental requests when the legal requirements for disclosure are met.

• Judicial, administrative, or other legal proceedings when disclosure is authorized or required under applicable law.

Special protection for Illinois mental health records

Mental health records and communications created or maintained in connection with services provided by Nurtured Healing and Wellness are subject to the Illinois Mental Health and Developmental Disabilities Confidentiality Act and other applicable Illinois law. These laws may provide greater confidentiality protections than HIPAA. We will not disclose mental health records or communications unless the disclosure is authorized by you or otherwise permitted or required by applicable law.

A subpoena by itself does not necessarily authorize disclosure of Illinois mental health records. We will evaluate subpoenas, court orders, requests for records, and other legal demands under applicable Illinois and federal law before disclosing protected information.

Psychotherapy notes

If Nurtured Healing and Wellness creates and maintains information that meets HIPAA’s definition of psychotherapy notes, most uses and disclosures of those notes require your written authorization, except for limited uses and disclosures permitted or required by law. Psychotherapy notes are treated separately from the clinical record under HIPAA and may also receive additional protection under Illinois law.

Additional protection for Part 2 records

To the extent that we have substance use disorder patient records protected by 42 CFR Part 2, we will not use or disclose information from those records in a civil, criminal, administrative, or legislative investigation or proceeding against you without your written consent or the court order and subpoena or other legal mandate required by Part 2. Other Part 2 restrictions may also apply.