Legal Notice

Notice of Privacy Practices

Effective Date: January 1, 2026  |  Brain & Heart Healing, PLLC

About This Notice

Brain & Heart Healing, PLLC ("the Practice") is committed to protecting the privacy of your health information. This Notice of Privacy Practices describes how we may use and disclose your Protected Health Information (PHI) to carry out treatment, payment, and healthcare operations, and for other purposes permitted or required by law.

Because this practice provides both mental health services (under LMFT-Associate licensure) and chemical dependency counseling services (under LCDC-Intern licensure), your records are protected by multiple overlapping laws:

• HIPAA (Health Insurance Portability and Accountability Act)
• Texas Medical Privacy Act (HB 300 / Texas Health & Safety Code §181.154)
• 42 CFR Part 2 (Federal Confidentiality of Substance Use Disorder Records)

42 CFR Part 2 provides heightened protections for substance use disorder records that are stricter than standard HIPAA protections. Please read Section 4 carefully.

Section 1: How We May Use and Disclose Your Information

Treatment

We may use and share your health information to provide you with clinical services, coordinate your care, or consult with other providers involved in your treatment. For example, we may share records with your referring attorney, probation officer, or CPS caseworker as required by your court order.

Payment

We may use and share your health information to process payment for services, including billing and collections. Because Brain & Heart Healing, PLLC is a private-pay practice, this primarily relates to autopay processing through SimplePractice.

Healthcare Operations

We may use and share your health information for operational purposes including quality review, training, licensing compliance, and supervision activities. All supervision activities comply with Texas BHEC requirements.

As Required by Law

We will disclose your health information when required to do so by federal, state, or local law, including mandatory reporting obligations.

Court Orders and Legal Mandates

For clients participating in court-ordered services, we are required to provide compliance documentation, attendance records, and program completion status to the ordering court, probation officer, attorney of record, or CPS caseworker. This disclosure does not require your separate written authorization.

Serious Threats to Health or Safety

We may disclose your health information if we believe it is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.

Section 2: Uses and Disclosures That Require Your Written Authorization

For all other uses and disclosures not listed above, we will ask for your written authorization before sharing your information. You may revoke your authorization at any time in writing. Revocation does not affect disclosures already made.

Required Form for Electronic Disclosure

Any electronic disclosure of your Protected Health Information requires your signature on the Texas Standard Authorization to Disclose Protected Health Information form, developed pursuant to Texas Health & Safety Code §181.154(d).

This form requires your specific initials to authorize disclosure of:

• Mental health records (excluding psychotherapy notes)
• Drug, alcohol, or substance abuse records
• Genetic information (including test results)
• HIV/AIDS test results or treatment information

Both mental health AND substance use initials are required when records from both categories are to be released.

Download the Texas Standard Authorization Form (HB 300) →

Section 3: Your Rights Regarding Your Health Information

Right to Access Your Records

You have the right to inspect and obtain a copy of your clinical records. See Section 5 for the request process.

Right to Request Corrections

You have the right to request that we correct information in your record that you believe is inaccurate or incomplete. We may deny the request in certain circumstances permitted by law.

Right to an Accounting of Disclosures

You have the right to request a list of disclosures we have made of your health information for purposes other than treatment, payment, and healthcare operations for the six years prior to your request.

Right to Request Restrictions

You have the right to request restrictions on certain uses and disclosures of your health information. We are not required to agree to all requests, but we will consider each one carefully.

Right to a Paper Copy of This Notice

You have the right to a paper copy of this notice at any time, even if you have agreed to receive it electronically.

Right to File a Complaint

If you believe your privacy rights have been violated, you may file a complaint with the Practice or with the U.S. Department of Health and Human Services. See Section 6 for details.

Section 4: Substance Use Disorder Records — 42 CFR Part 2

Disclosure is only permitted when:

• The client consents in writing using a form that specifically references 42 CFR Part 2 protections, OR
• The disclosure is allowed by a court order issued under 42 CFR Part 2, OR
• The disclosure is made to medical personnel in a bona fide medical emergency, OR
• The disclosure is to qualified personnel for research, audit, or program evaluation purposes under strict confidentiality protections.

Violation of Federal law and regulations is a crime. Suspected violations may be reported to the United States Attorney in the district where the violation occurs.

Section 5: How to Request Your Records

• Required Form: All record requests must use the Texas Standard Authorization to Disclose Protected Health Information form (Texas H&S Code §181.154(d)). You must specifically initial the sections for Mental Health Records and Drug/Alcohol/Substance Abuse Records to authorize their release.
• Submission: Submit your completed, signed form through your SimplePractice Client Portal. This is the fastest and most secure method.
• Processing Time: Please allow up to 15 business days for processing as permitted by Texas law.
• Fees: A reasonable, cost-based fee may be charged for the preparation and delivery of record copies or summaries.
• Minors: For certain treatment types including substance use and mental health services, a minor's signature may also be required for the release of records related to their own treatment.

Section 6: How to File a Complaint

If you believe your privacy rights have been violated, you may contact any of the following:

You will not be penalized or retaliated against for filing a complaint.