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Terms and Policy

Office Policies and Informed Consent

This form provides you, the client, with information that is additional to that detailed in the Notice of Privacy Practices. The following information is provided to you as required by law. The notice is about 2 pages long and should take approximately 10 minutes to review and sign.


CONFIDENTIALITY:
All information disclosed within sessions and the written records pertaining to those sessions are confidential and may NOT be revealed to anyone without your written permission except where disclosure is required by law.


WHEN DISCLOSURE IS REQUIRED BY LAW:
Where there is a reasonable suspicion of child, dependent, or elder abuse or neglect; where a client presents a danger to self, to others, to property, or is gravely disabled; or when a client's family members communicate to Alyson Giardini, LMFT that the client presents a danger to others.


WHEN DISCLOSURE MAY BE REQUIRED BY LAW Disclosure may also be required pursuant to a legal proceeding by or against you. If you place your mental status at issue in litigation initiated by you, the defendant may have the right to obtain the psychotherapy records and/or testimony by Alyson Giardini, LMFT. In couple and family therapy, or when different family members are seen individually, even over a period of time, confidentiality and privilege do not apply between the couple or among family members, unless otherwise agreed upon. Alyson Giardini, LMFT will use her clinical judgment when revealing such information. Alyson Giardini, LMFT will not release records to any outside party unless she is authorized to do so by all adult parties who were part of the family therapy, couple therapy or other treatment that involved more than one adult client.


CANCELLATION POLICY:
Since the scheduling of an appointment involves the reservation of time specifically for you, a minimum of 24 hours notice is required for re-scheduling or canceling an appointment. Unless we reach a different agreement, a $40 fee will be charged for late cancellations that are less than 24 hours from the appointment time, but still arrive the day before your session time.  The full session fee will be charged for same day cancellations or appointments missed with no notice given.  Insurance companies do not reimburse for missed sessions so this will be an out-of-pocket charge.


EMERGENCY:
If there is an emergency during therapy, or in the future after termination, where Alyson Giardini, LMFT becomes concerned about your personal safety, the possibility of you injuring someone else, or about you receiving proper psychiatric care, she will do whatever she can within the limits of the law, to prevent you from injuring yourself or others and to ensure that you receive the proper medical care. For this purpose, she may also contact the person whose name you have provided on the biographical sheet.


CONSULTATION:
Alyson Giardini, LMFT consults regularly with other professionals regarding her clients; however, each client's identity remains completely anonymous and confidentiality is fully maintained.


TELEPHONE & EMERGENCY PROCEDURES:
If you need to contact Alyson Giardini, LMFT between sessions, please leave a message at (510) 594-4066 or (530) 301-2376 and your call will be returned as soon as possible. Alyson Giardini, LMFT checks her messages a few times during the daytime only, unless she is out of town. If an emergency situation arises, indicate it clearly in your message and if you need to talk to someone right away call Sutter Yuba Mental Health 24-hour crisis line at (888) 923-3800, or the Alameda County 24-hour crisis hotline at (800) 309-2131 or the Police by calling 911. Please note, due to limited cell coverage in rural areas, messages do not always reach Alyson Giardini, LMFT in a timely manner. In an urgent situation it is best to leave a voicemail on both 510.594.4066 and 530.301.2376.


THE PROCESS OF THERAPY/EVALUATION AND SCOPE OF PRACTICE:
Participation in therapy can result in a number of benefits to you, including improving interpersonal relationships and resolution of the specific concerns that led you to seek therapy. Working toward these benefits, however, requires effort on your part. Psychotherapy requires your active involvement, honesty, and openness in order to change your thoughts, feelings, and/or behavior. Alyson Giardini, LMFT will ask for your feedback and views on your therapy, its progress, and other aspects of the therapy and will expect you to respond openly and honestly. Sometimes more than one approach can be helpful in dealing with a certain situation. During evaluation or therapy, remembering or talking about unpleasant events, feelings, or thoughts can result in you experiencing considerable discomfort or strong feelings of anger, sadness, worry, fear, etc., or experiencing anxiety, depression, insomnia, etc. Alyson Giardini, LMFT may challenge some of your assumptions or perceptions or propose different ways of looking at, thinking about, or handling situations, which can cause you to feel very upset, angry, depressed, challenged, or disappointed. Attempting to resolve issues that brought you to therapy in the first place, such as personal or interpersonal relationships, may result in changes that were not originally intended. Psychotherapy may result in decisions about changing behaviors, employment, substance use, schooling, housing, or relationships. Sometimes a decision that is positive for one family member is viewed quite negatively by another family member. Change will sometimes be easy and swift, but more often it will be slow and even frustrating. There is no guarantee that psychotherapy will yield positive or intended results. During the course of therapy, Alyson Giardini, LMFT is likely to draw on various psychological approaches according, in part, to the problem that is being treated and her assessment of what will best benefit you. These approaches include, but are not limited to, behavioral, cognitive-behavioral, cognitive, psychodynamic, existential, system/family, developmental (adult, child, family), humanistic or psycho-educational. Alyson Giardini, LMFT provides neither custody evaluations nor medication or prescription recommendations nor legal advice, as these activities do not fall within her scope of practice.


TREATMENT PLANS:
Within a reasonable period of time after the initiation of treatment, Alyson Giardini, LMFT will discuss with you her working understanding of the problem, treatment plan, therapeutic objectives, and her view of the possible outcomes of treatment. If you have any unanswered questions about any of the procedures used in the course of your therapy, their possible risks, Alyson Giardini, LMFT's expertise in employing them, or about the treatment plan, please ask and you will be answered fully. You also have the right to ask about other treatments for your condition and their risks and benefits.


TERMINATION:
As set forth above, after the first couple of meetings, Alyson Giardini, LMFT will assess if she can be of benefit to you. Alyson Giardini, LMFT does not work with clients who, in her opinion, she cannot help. In such a case, if appropriate, she will give you referrals that you can contact. If at any point during psychotherapy Alyson Giardini, LMFT either assesses that she is not effective in helping you reach the therapeutic goals or perceives you as non-compliant or non-responsive, and if you are available and/or it is possible and appropriate to do, she will discuss with you the termination of treatment and conduct pre-termination counseling. In such a case, if appropriate and/or necessary, she would give you a couple of referrals that may be of help to you. If you request it and authorize it in writing, Alyson Giardini, LMFT will talk to the psychotherapist of your choice in order to help with the transition. If at any time you want another professional's opinion or wish to consult with another therapist, Alyson Giardini, LMFT will give you a couple of referrals that you may want to contact, and if she has your written consent, she will provide her or him with the essential information needed. You have the right to terminate therapy and communication at any time. If you choose to do so, upon your request and if appropriate and possible, Alyson Giardini, LMFT will provide you with names of other qualified professionals whose services you might prefer.


PAYMENTS & INSURANCE REIMBURSEMENT:
Clients are expected to pay the prearranged fee per 45/50 minute session at the time services are rendered unless other arrangements have been made. Telephone conversations, writing and reading of reports, consultation with other professionals, longer sessions, etc. will be charged at the same rate, unless indicated and agreed upon otherwise. Please notify Alyson Giardini, LMFT if any problems arise during the course of therapy regarding your ability to make timely payments. As a convenience, Alyson Giardini, LMFT will bill your insurance provider directly on your behalf if you have covered benefits. However, not all issues/conditions/problems, which are dealt with in psychotherapy, are reimbursed by insurance companies. It is your responsibility to verify the specifics of your coverage.  You will be responsible for payment for all sessions held when insurance reimbursement could not be secured.  Note: Insurers do not cover the costs of late cancellations or missed sessions. See the section describing 'Cancellation Policy' for details on out of pocket fees for late cancellations.


HEALTH INSURANCE & CONFIDENTIALITY OF RECORDS:
Disclosure of confidential information may be required by your health insurance carrier or HMO/PPO/MCO/EAP in order to process the claims. When you agree to use your health insurance to access benefits, you are consenting to this disclosure. Alyson Giardini, LMFT, will disclose the minimum necessary information required to process the claim. Alyson Giardini, LMFT has no control over, or knowledge of, what specific insurance companies do with the information she submits or who has access to this information. Submitting a mental health invoice for reimbursement carries a certain amount of risk to confidentiality and privacy in that such details become part of your electronic medical record and as such may be accessed under unknown future conditions (Patriot Act, National Medical Database, unauthorized access via hackers). Medical data has also been reported to have been legally accessed by law enforcement and other agencies.


RECORDS AND YOUR RIGHT TO REVIEW THEM:
Both the law and the standards of Alyson Giardini, LMFT's profession require that she keep treatment records for at least 7 years. Please note that clinically relevant information from emails, texts, and faxes are part of the clinical records. Unless otherwise agreed to be necessary, Alyson Giardini, LMFT retains clinical records only as long as is mandated by California law. If you have concerns regarding the treatment records, please discuss them with Alyson Giardini, LMFT. As a client, you have the right to review or receive a summary of your records at any time, except in limited legal or emergency circumstances or when Alyson Giardini, LMFT assesses that releasing such information might be harmful in any way. In such a case, Alyson Giardini, LMFT will provide the records to an appropriate and legitimate mental health professional of your choice. Considering all of the above exclusions, if it is still appropriate, and upon your request, Alyson Giardini, LMFT will release information to any agency/person you specify unless Alyson Giardini, LMFT assesses that releasing such information might be harmful in any way. When more than one client is involved in treatment, such as in cases of couple and family therapy, Alyson Giardini, LMFT will release records only with signed authorizations from all the adults (or all those who legally can authorize such a release) involved in the treatment.


LITIGATION:
Due to the nature of the psychotherapeutic process and the fact that it often involves making a full disclosure with regard to many matters, clients' records are generally confidential and private in nature. When clients become involved in litigation while they are in therapy or after therapy has been completed, they (or the opposing attorney, in a legal case) sometimes want the records disclosed to the legal system. Clients should know that very serious consequences can result from disclosing therapy records to the legal system. Such disclosures may negatively affect the outcome of custody disputes or other legal matters and may negatively affect the therapeutic relationship. If you or the opposing attorney are considering requesting Alyson Giardini, LMFT's disclosure of the records, Alyson Giardini, LMFT will do her best to discuss with you the risks and benefits of doing so. As noted in this document, you have the right to review your own psychotherapy records anytime.  Alyson Giardini, LMFT will not participate in court proceedings, write letters to the court, or otherwise provide evaluations for the court on any matter. If a subpoena is issued compelling her participation, you will be charged for her time at a private rate of $150/hour.  This is not recoverable by insurance companies. 


MEDIATION & ARBITRATION:
All disputes arising out of, or in relation to, this agreement to provide psychotherapy services shall preferably first be referred to mediation before the initiation of arbitration or litigation. The mediator shall be a neutral third party chosen by agreement of Alyson Giardini, LMFT and the client(s). The cost of such mediation, if any, shall be split equally, unless otherwise agreed upon. In the event that mediation is unsuccessful or not an agreed-upon option, any unresolved controversy related to this agreement should preferably be submitted to and settled by binding arbitration, in accordance with the rules of the American Arbitration Association which are in effect at the time the request for arbitration is filed. Please note that neither mediation nor arbitration is mandatory. In the event that your account is overdue (unpaid) and there is no agreement on a payment plan, Alyson Giardini, LMFT can use legal means (court, collection agency, etc.) to seek payment. If there is arbitration, the prevailing party in arbitration or collection proceedings shall be entitled to recover a reasonable sum as and for attorney's fees. In the case of arbitration, the arbitrator will determine that sum. In the case of a court case, the court will determine the sum.


DUAL RELATIONSHIPS:
Not all dual relationships are unethical or avoidable. Therapy never involves sexual or any other dual relationship that impairs Alyson Giardini, LMFT's objectivity, clinical judgment or can be exploitative in nature. Alyson Giardini, LMFT will assess carefully before entering into non-sexual and non-exploitative dual relationships with clients. It is important to realize that in some communities (i.e. small towns, military bases, university campuses, spiritual and rehabilitation communities, etc.), dual relationships are either unavoidable or expected. Alyson Giardini, LMFT will never acknowledge working with anyone without his or her written permission. Many clients have chosen Alyson Giardini, LMFT as their therapist because they knew her before they entered therapy with her, and/or are personally aware of her professional work and qualifications. Nevertheless, Alyson Giardini, LMFT will discuss with you the often-existing complexities, potential benefits and difficulties that may be involved in dual relationships. Dual relationships can enhance trust and therapeutic effectiveness but can also detract from it and often it is impossible to know which ahead of time. It is your responsibility to advise Alyson Giardini, LMFT if the dual relationship becomes uncomfortable for you in any way. Alyson Giardini, LMFT will always listen carefully and respond to your feedback and will discontinue the dual relationship if she finds it interfering with the effectiveness of the therapy or your welfare and, of course, you can do the same at any time.


PHONE, EMAIL OR OTHER WEB BASED THERAPY SESSIONS:
When requested, therapy sessions may be conducted via phone, email or other web based communication tools. The same policies and procedures laid out in this document apply. Alyson Giardini, LMFT will discuss additional aspects of informed consent with you as it relates to such modalities and send you the document, "Telehealth Disclosures". Although many insurers are beginning to cover telemedicine services, such services are not always a covered benefit. You are responsible for determining if your plan provides this service and are responsible for any session fees not covered by your insurer.


SOCIAL NETWORKING AND OTHER ELECTRONIC COMMUNICATIONS:
As a general rule, Alyson Giardini, LMFT does not initiate or accept friend requests from current or former clients on social networking sites, such as Facebook, due to concerns that they can compromise your privacy and confidentiality. However, if after discussing the pros and cons, you have determined that this is a form of connection and communication that is important to you, Alyson Giardini, LMFT is open to allowing this connection. Should such a connection be made, it is important to limit any communications in that public medium that are related to your work in therapy to protect your confidentiality. In the interest of not compromising your therapy, any concerns that arise from such a connection should be brought in for discussion as they arise. Additionally, communication via text, unencrypted email, or other messaging apps is not HIPPA compliant and is therefore only allowable with your full informed consent to accept the risks of such communication. Please complete the, "Electronic Communications Consent" form to make your selections and opt in to other forms of communication with Alyson Giardini, LMFT beyond phone calls and secure encrypted email through the client portal.


AUDIO OR VIDEO RECORDING:
Unless otherwise agreed to by all parties beforehand, there shall be no audio or video recording of therapy sessions, phone calls, or any other services provided by Alyson Giardini, LMFT.

I have read the above Office Policies and Informed Consent for Psychotherapy carefully.


NOTICE TO CLIENTS

The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, licensed educational psychologists, clinical social workers, or professional clinical counselors). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

( Type Full Name )
( Full Name )
HIPAA Notice of Privacy Practices
Your Information. Your Rights.
Our Responsibilities.

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

Your Rights

You have the right to:

- Get a copy of your paper or electronic medical record
- Correct your paper or electronic medical record
- Request confidential communication
- Ask us to limit the information we share
- Get a list of those with whom we've shared your information
- Get a copy of this privacy notice
- Choose someone to act for you
- File a complaint if you believe your privacy rights have been violated

Your Choices

You have some choices in the way that we use and share information as we:
- Tell family and friends about your condition
- Provide disaster relief
- Include you in a hospital directory
- Provide mental health care
- Market our services and sell your information
- Raise funds

Our Uses and Disclosures

We may use and share your information as we:
- Treat you
- Run our organization
- Bill for your services
- Help with public health and safety issues
- Do research
- Comply with the law
- Respond to organ and tissue donation requests
- Work with a medical examiner or funeral director
- Address workers' compensation, law enforcement, and other government requests
- Respond to lawsuits and legal actions





Your Rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.




Get an electronic or paper copy of your medical record

- You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

- You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
- We may say "no" to your request, but we'll tell you why in writing within 60 days.

Request confidential communications

- You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
- We will say "yes" to all reasonable requests.

Ask us to limit what we use or share

- You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we
may say "no" if it would affect your care.
- If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say "yes" unless a law requires us to share that information.

Get a list of those with whom we've shared information

- You can ask for a list (accounting) of the times we've shared your health information for six years prior to the date you ask, who we shared it with, and why.
- We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We'll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

- You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.


Choose someone to act for you

- If you have given someone medical power of attorney or 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.

File a complaint if you feel your rights are violated

- You can complain if you feel we have violated your rights by contacting us using the information on page 1.
- You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/ privacy/hipaa/complaints/.
- We will not retaliate against you for filing a complaint.


Your Choices


For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

- Share information with your family, close friends, or others involved in your care
- Share information in a disaster relief situation
- Include your information in a hospital directory
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.


In these cases we never share your information unless you give us written permission:

- Marketing purposes
- Sale of your information
- Most sharing of psychotherapy notes

In the case of fundraising:

- We may contact you for fundraising efforts, but you can tell us not to contact you again.



How do we typically use or share your health information?
We typically use or share your health information in the following ways.



Treat you

- We can use your health information and share it with other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Run our organization

- We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.

Bill for your services

- We can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.



How else can we use or share your health information? We are allowed or required to share your information in other ways - usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more
information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.


Help with public health and safety issues

- We can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect, or domestic violence
- Preventing or reducing a serious threat to anyone's health or safety

Do research
- We can use or share your information for health research.

Comply with the law

- We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we're complying with federal privacy law.

Respond to organ and tissue donation requests
- We can share health information about you with organ procurement organizations.

Work with a medical examiner or funeral director
- We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers' compensation, law enforcement, and other government requests
- We can use or share health information about you:
- For workers' compensation claims
- For law enforcement purposes or with a law enforcement official
- With health oversight agencies for activities authorized by law
- For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions
- We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Comply with Special Laws

There are special laws that protect some types of health information such as mental health services,
treatment for substance use disorders, and HIV / AIDS testing and treatment. We will obey these laws when they are more strict then this notice.

We will NEVER market or sell your personal information.



Our Responsibilities
- We are required by law to maintain the privacy and security of your protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our web site.

Effective Date: February 5, 2016

This Notice of Privacy Practices applies to the following organizations.

Private psychotherapy practice of Alyson M. Giardini, LMFT at all locations including in the provision of distance counseling services.

I acknowledge receipt of this Notice of Privacy Practices
( Type Full Name )
( Full Name )
NOTICE TO CLIENTS

The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of marriage and family therapists .  You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

( Type Full Name )
( Full Name )