HIPAA Notice of Privacy Practices
Effective Date: March 18, 2026
This Notice applies to all Protected Health Information maintained by Agape Mental Health, LLC, including information created or received prior to the effective date.
Entity Identification: Agape Mental Health, LLC
This Notice of Privacy Practices (“Notice”) describes how Agape Mental Health, LLC and the independent licensed mental health clinicians who utilize Agape’s administrative services (collectively, the “Providers”) may use and disclose your Protected Health Information (PHI) and describes your rights regarding this information.
Agape Mental Health, LLC’s Role:
Agape Mental Health, LLC is a non-clinical Management Services Organization (MSO). Agape provides administrative, operational, billing, and scheduling infrastructure to independent Providers. Agape does not provide clinical mental health services, diagnose, or treat patients. Agape is responsible for the privacy of the PHI it creates or receives in its administrative capacity and acts as a Business Associate or administrative support entity to the Providers.
Independent Provider’s Role:
All clinical services, including diagnosis, treatment, and clinical decision-making, are provided exclusively by the independent licensed clinicians. These clinicians operate under their own professional licenses and National Provider Identifiers (NPIs) and maintain their own primary HIPAA compliance obligations as Covered Entities.
OUR RESPONSIBILITIES
Agape Mental Health, LLC is committed to maintaining the privacy of your PHI. We are required by law to:
- Maintain the privacy and security of your PHI that we create or receive.
- Provide you with this Notice detailing our legal duties and privacy practices with respect to PHI.
- Abide by the terms of this Notice currently in effect.
- Notify affected individuals following a breach of unsecured PHI. Agape will notify individuals for breaches of PHI maintained in its administrative capacity. Independent Providers are responsible for notifying individuals for breaches of the clinical record they maintain.
HOW WE MAY USE AND DISCLOSE YOUR INFORMATION
When using or disclosing PHI, Agape Mental Health, LLC and the independent Providers limit the PHI to the minimum necessary amount to accomplish the intended purpose of the use or disclosure.
The following categories describe ways that Agape Mental Health, LLC and the independent Providers may use and disclose your PHI.
- Treatment (Handled by Independent Providers)
The independent Providers may use your PHI to provide, coordinate, or manage your healthcare and related services. This includes consultation with other healthcare providers. Agape Mental Health, LLC, in its administrative capacity, may facilitate the secure transmission of this information between the necessary parties but does not engage in clinical treatment. - Payment (Handled by Agape Mental Health, LLC)
Agape Mental Health, LLC, acting as the independent Provider’s administrative and billing agent, may use and disclose your PHI to bill for services and collect payment from you, an insurance company, or a third party. This includes, but is not limited to:- Submitting claims to your health insurer or health plan.
- Determining eligibility or coverage for benefits.
- Processing claims and receiving reimbursement.
- Managing billing, collection activities, and obtaining pre-authorizations.
- Healthcare Operations (Handled by Agape Mental Health, LLC)
Agape Mental Health, LLC may use and disclose your PHI to support the business activities of the administrative office and the network of independent Providers. These activities include, but are not limited to:- Administrative services, legal services, and auditing.
- Quality assessment and improvement activities.
- Licensing, credentialing, and review activities.
- Coordinating and managing the administrative side of the Provider network.
- Uses and Disclosures Required or Permitted by Law
We may use or disclose your PHI without your authorization for the following purposes, subject to all applicable legal requirements and limits:- Required by Law: When required by federal, state, or local law.
- Public Health Activities: For public health purposes, such as preventing or controlling disease, injury, or disability, or reporting vital statistics.
- Abuse or Neglect: To report suspected child abuse, elder abuse, or neglect to the appropriate government authority, as required by law.
- Health Oversight Activities: Disclosures to health oversight agencies for activities authorized by law, such as audits, investigations, inspections, and civil/administrative proceedings.
- Judicial and Administrative Proceedings: In response to a court order, subpoena, discovery request, or other lawful process.
- Law Enforcement: For law enforcement purposes, such as identifying or locating a suspect, fugitive, or missing person, or in connection with a crime on our premises.
- Serious Threat to Health or Safety: To prevent a serious and imminent threat to the health or safety of a person or the public.
USES REQUIRING AUTHORIZATION
The following uses and disclosures of your PHI will only be made with your specific written authorization:
- Marketing
We must obtain your written authorization for any use or disclosure of PHI for marketing purposes that involves direct or indirect remuneration to Agape Mental Health, LLC from a third party. - Sale of PHI
We must obtain your written authorization for any disclosure of your PHI that constitutes a sale of PHI under HIPAA rules. Agape Mental Health, LLC does not sell PHI and will not do so without your prior written consent. - Psychotherapy Notes
Notes recorded by a mental health professional documenting or analyzing the contents of conversation during a private counseling session are protected by a separate, stricter standard. The independent Providers who maintain these notes are responsible for managing their use and disclosure. Agape Mental Health, LLC does not routinely receive or maintain Psychotherapy Notes.
YOUR RIGHTS REGARDING YOUR PHI
You have the following rights concerning your PHI. To exercise these rights, please contact the Compliance Officer using the Contact Information section below.
- Right to Access (Inspect and Copy)
You have the right to inspect and obtain a copy of your PHI that is contained in a Designated Record Set. The Designated Record Set includes medical records, billing records, and any other records used to make decisions about your healthcare. Your independent Provider, not Agape Mental Health, LLC, maintains your clinical records. Agape will assist in directing your request to the appropriate Provider. If we maintain the information electronically, you have the right to receive an electronic copy when available. - Right to Request an Amendment
If you feel that the PHI we have about you is incorrect or incomplete, you may ask us to amend the information. We may deny your request for an amendment if the information was not created by us, is not part of the information kept by us, or if it is accurate and complete. - Right to Request Restrictions
You have the right to request a restriction or limitation on the PHI we use or disclose about you for treatment, payment, or healthcare operations. We are not required to agree to all requests, except for one instance: we must agree to a request to restrict disclosure to a health plan if the disclosure is for payment or healthcare operations and pertains solely to a healthcare item or service for which you have paid out-of-pocket in full. - Right to Request Confidential Communications
You have the right to request that we communicate with you about medical matters in a certain way or at a certain location (e.g., mail correspondence to a P.O. Box instead of your home address). - Right to an Accounting of Disclosures
You have the right to request an “accounting of disclosures,” which is a list of certain disclosures we have made of your PHI for purposes other than treatment, payment, and healthcare operations. - Right to a Copy of This Notice
You have the right to obtain a paper copy of this Notice, even if you have agreed to receive the Notice electronically. - Right to Opt-Out of Fundraising Communications
You have the right to opt-out of receiving any fundraising communications from us. If we intend to contact you for fundraising purposes, the communication will explain how you can choose to opt-out. - Rights Regarding Personal Representatives
You have the right to identify a Personal Representative who, under applicable law, has the authority to act on your behalf in making decisions about your healthcare. We will treat your Personal Representative as you for purposes of this Notice, but we may choose not to do so if we suspect abuse or neglect, or if we believe it is not in your best interest. - Right to File a Complaint
You have the right to file a complaint if you believe your privacy rights have been violated (see Complaints section below).
LIMITATION OF ROLE
Please note the critical distinction regarding the maintenance of your clinical records:
- Clinical Records: The official and complete clinical record of your care, including diagnosis, treatment plans, and progress notes, are created and maintained solely by the independent Provider you see, who is the treating Covered Entity.
- Record Requests: Requests for access, amendment, or an accounting of disclosures related to the clinical content of your record must be directed to your independent Provider. Agape Mental Health, LLC will assist in routing these requests.
- Clinical Control: Agape Mental Health, LLC does not control clinical decision-making and cannot amend, modify, or disclose any part of the clinical record maintained by the independent Provider without their direction, except as required for billing or administrative operations in its Business Associate capacity.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a complaint with Agape Mental Health, LLC or with the U.S. Department of Health and Human Services (HHS).
To file a complaint with Agape Mental Health, LLC:
You may submit a written complaint to the Compliance Officer at the address or email listed below. All complaints will be investigated promptly. You will not be penalized or retaliated against for filing a complaint.
To file a complaint with HHS:
You may file a complaint with the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights (OCR). Contact information can be found on the OCR website.
CHANGES TO THIS NOTICE
Agape Mental Health, LLC reserves the right to change the terms of this Notice at any time. We reserve the right to make the new Notice provisions effective for all PHI that we currently maintain, as well as any information we receive in the future. We will promptly revise and distribute any revised Notice. Any changes to this Notice will be posted on our website and a copy will be available upon request.
CONTACT INFORMATION
If you have any questions about this Notice, please contact:
Agape Mental Health, LLC
Attn: Compliance Officer
tel: 978-364-7559
info@agape-mh.com