Notice of Privacy Practices
Kathy Phan Counseling, LLC
Effective Date: October 2026
Your Information. Your Rights. Our Responsibilities.
This notice describes how your mental health information may be used and disclosed and how you can access this information. Please review it carefully.
At Kathy Phan Counseling, LLC, protecting your privacy and the confidentiality of your mental health records is a priority. I am committed to safeguarding your protected health information (PHI) in accordance with applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), where applicable.
This notice applies to protected health information maintained by Kathy Phan Counseling, LLC in connection with the mental health services I provide.
Your Rights
You have the following rights regarding your protected health information, subject to applicable law.
Access your records. You may request to inspect or obtain a copy of your mental health records and other protected health information maintained by my practice. Certain exceptions may apply.
Request corrections. You may ask me to amend information you believe is incorrect or incomplete. I may deny your request in certain circumstances permitted by law and will provide a written explanation when required.
Request confidential communications. You may ask me to contact you in a specific way or at a particular location to help protect your privacy. I will accommodate reasonable requests as required by law.
Request restrictions. You may ask me to limit how your information is used or disclosed for treatment, payment, or health care operations. I am not required to agree to every request, except where the law requires otherwise.
Request an accounting of disclosures. You may request a list of certain disclosures of your protected health information, subject to legal exceptions.
Receive a copy of this notice. You may request a paper or electronic copy of this Notice of Privacy Practices at any time.
Choose someone to act on your behalf. If a person has legal authority to act for you, that person may exercise certain privacy rights on your behalf, subject to applicable law and verification of their authority.
File a complaint. You may file a complaint with Kathy Phan Counseling, LLC or with the U.S. Department of Health and Human Services if you believe your privacy rights have been violated. I will not retaliate against you for filing a complaint.
To exercise these rights, please contact me using the information listed at the end of this notice.
How I May Use and Disclose Your Information
I may use or disclose your protected health information for the following purposes, as permitted or required by law.
Treatment. I may use your information to provide, coordinate, or manage your mental health care. For example, I may consult with another treating health care professional when appropriate and legally permitted.
Payment. I may use and disclose information necessary to obtain payment for services. This may include submitting claims, verifying insurance benefits, determining coverage, and addressing billing questions or claim disputes through Headway and applicable insurance companies.
Health care operations. I may use information for practice administration, quality improvement, compliance, record keeping, and other activities permitted by law.
Appointment and care-related communications. I may contact you regarding appointments, scheduling, treatment-related matters, billing, or other necessary practice communications using the contact information you provide.
Legal requirements. I may disclose information when required by federal, state, or other applicable law.
Public health and safety. In certain circumstances permitted or required by law, I may disclose information to address serious threats to health or safety, report suspected abuse or neglect, or meet other applicable public health and safety obligations.
Oversight and legal proceedings. I may disclose information in response to qualifying audits, investigations, court orders, or other lawful proceedings, consistent with applicable privacy protections.
Other permitted purposes. Additional uses or disclosures may be allowed or required by law. When applicable law requires your written authorization, I will obtain that authorization before making the disclosure.
My Use of Headway and Other Service Providers
Kathy Phan Counseling, LLC is an independently owned and operated therapy practice. I use Headway to assist with administrative functions, which may include insurance verification, claims submission, billing, payment processing, and related services.
To perform these functions, Headway and other authorized service providers may receive, use, or disclose information necessary to carry out their contracted services, subject to applicable law and contractual privacy and security obligations.
The use of Headway does not mean that Headway provides the psychotherapy services delivered through Kathy Phan Counseling, LLC. My clinical services and professional responsibilities remain subject to the applicable laws and professional standards governing my practice.
Headway maintains its own privacy notices describing its practices and the services or legal entities to which those notices apply. You may review Headway's HIPAA Notice of Privacy Practices and Privacy Policy.
Uses Requiring Your Written Authorization
Certain uses and disclosures of your protected health information generally require your written authorization, including:
Most uses and disclosures of psychotherapy notes, where applicable.
Uses and disclosures for marketing purposes when authorization is required by law.
Disclosures that constitute a sale of protected health information, where authorization is required.
Other uses or disclosures not described in this notice will be made only with your written authorization when required by law. You may revoke an authorization in writing at any time, except to the extent action has already been taken in reliance on that authorization.
Mental Health Records and Additional Privacy Protections
Mental health records are handled with care and confidentiality. Certain records, including psychotherapy notes and records subject to special federal or state confidentiality laws, may receive additional protections.
When applicable, I will comply with more protective legal requirements governing mental health information, substance use disorder records, and other specially protected information.
Confidentiality is not absolute. Disclosures may be permitted or required in specific circumstances, including certain emergencies, mandated reports, valid legal processes, or other exceptions established by law.
Your Choices
For certain types of information sharing, you may have choices about whether and how your information is disclosed. Depending on the circumstances and applicable law, these choices may include disclosures to family members or others involved in your care.
I will seek your permission or authorization when required and will honor applicable restrictions and preferences to the extent required by law.
My Responsibilities
When HIPAA applies, I am required by law to:
Maintain the privacy and security of your protected health information.
Provide you with this notice describing my legal duties and privacy practices.
Follow the terms of the notice currently in effect.
Notify you as required by law if a breach compromises the privacy or security of your unsecured protected health information.
Comply with applicable federal and state privacy requirements.
I will not use or disclose your protected health information in a manner inconsistent with this notice unless you authorize the use or disclosure or applicable law permits or requires it.
Electronic Communications
If you choose to communicate with me through email, text messaging, telehealth platforms, or other electronic methods, please be aware that electronic communications may carry privacy and security risks.
I will use appropriate safeguards consistent with applicable law and my professional obligations. You may request alternative communication methods when appropriate.
Please do not use email, text messages, or website contact forms for emergencies or highly sensitive information unless the communication method has been specifically designated for that purpose.
Changes to This Notice
I reserve the right to revise this Notice of Privacy Practices as permitted by law. Any revised notice will apply to protected health information maintained by my practice as permitted by applicable law.
The current version will be made available on my website and upon request. Material changes will be handled in accordance with applicable legal requirements.
Questions, Requests, and Complaints
If you have questions about this notice, would like to exercise your privacy rights, or believe your privacy rights have been violated, please contact:
Kathy Phan Counseling, LLC
Email: kathyphan@kathyphancounseling.com
You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, through its HIPAA complaint website.
You will not be penalized or retaliated against for filing a privacy complaint.
Effective Date: October 2026