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Privacy Notice

Effective Date: October 8, 2026
Last Updated: October 8, 2026


YOUR INFORMATION. YOUR RIGHTS. OUR RESPONSIBILITIES.

This Notice of Privacy Practices (“Notice”) describes how Essence Counseling Services, LLC (“Essence Counseling Services,” “we,” “us,” or “our”) may use and disclose your protected health information (“PHI”), and describes your rights concerning your PHI.

Please review this Notice carefully.


Essence Counseling Services, LLC is committed to protecting the privacy and confidentiality of information entrusted to us and to complying with applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as applicable.

This Notice applies to protected health information created, received, or maintained by Essence Counseling Services in connection with services provided by the practice, including behavioral health and mental health services provided through telehealth.

Because Essence Counseling Services provides services to clients located in states in which the provider is legally authorized to practice, applicable privacy and confidentiality requirements may vary depending upon the client's location, the nature of the services provided, and applicable federal and state law.


YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION

You have the following rights concerning your health information, subject to applicable law.


Right to Access Your Health Information

You generally have the right to inspect and obtain a copy of health information maintained by Essence Counseling Services that may be used to make decisions about you.

You may request your records in electronic or paper form, as permitted by law.

Certain information may be subject to limitations or exceptions under applicable federal or state law.

We may charge a reasonable, cost-based fee when permitted by law.


Right to Request an Amendment

If you believe health information we maintain about you is incorrect or incomplete, you may request that we amend the information.

Your request must generally be made in writing and should explain why you believe the information is inaccurate or incomplete.

We may deny an amendment request when permitted by law. If we deny your request, we will provide you with information regarding your rights concerning the denial.


Right to Request Confidential Communications

You may request that we communicate with you about your health information by a particular method or at a particular location.

For example, you may request that we contact you by telephone rather than electronic mail or use a particular mailing address.

We will consider reasonable requests consistent with applicable law and our ability to provide services.


Right to Request Restrictions

You may ask us to restrict how we use or disclose your health information for treatment, payment, or health care operations.

We are not required to agree to every restriction request.

However, when you or another person pays for a health care service or item completely out of pocket and you request that information concerning that service or item not be disclosed to your health plan for payment or health care operations, we will generally honor that request unless disclosure is required by law.


Right to an Accounting of Certain Disclosures

You may request an accounting of certain disclosures of your health information made by us during the applicable period permitted by law.

Certain disclosures are not required to be included in an accounting, including disclosures made for treatment, payment, health care operations, and other disclosures excluded by law.


Right to a Copy of This Notice

You have the right to receive a paper copy of this Notice at any time.

You may also access the current Notice electronically through our website.


Right to Choose Someone to Act for You

If you have legally authorized another person to act on your behalf, that person may exercise certain rights concerning your health information to the extent permitted by law.

We may require documentation confirming that person's legal authority before acting on a request.


 Right to File a Complaint

If you believe your privacy rights have been violated, you may file a complaint with Essence Counseling Services or with the U.S. Department of Health and Human Services, Office for Civil Rights.

You will not be retaliated against for filing a privacy complaint.


HOW WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION

The following describes common circumstances in which we may use or disclose your PHI without obtaining a separate written authorization when permitted by applicable law.


Treatment

We may use or disclose your health information to provide, coordinate, or manage your behavioral health care.

For example, we may communicate with another health care provider involved in your treatment when permitted by applicable law.


Payment

We may use or disclose your health information as necessary to obtain payment for services.

This may include communicating with your health insurance plan regarding eligibility, benefits, authorization, claims, billing, and payment.


Health Care Operations

We may use or disclose your health information for activities necessary to operate our practice, including quality improvement, administrative activities, compliance activities, credentialing, auditing, care coordination, and other activities permitted by applicable law.


Required by Law

We may use or disclose your health information when required by federal, state, or other applicable law.


Public Health Activities

We may disclose health information for certain public health activities when permitted or required by law.


Abuse, Neglect, or Domestic Violence

We may disclose information to appropriate governmental authorities when required or permitted by law concerning suspected abuse, neglect, exploitation, or domestic violence.


Health Oversight Activities

We may disclose health information to governmental agencies for activities authorized by law, including audits, investigations, inspections, licensing activities, disciplinary proceedings, and other lawful oversight activities.


Judicial and Administrative Proceedings

We may disclose health information in response to a court order, administrative order, subpoena, discovery request, or other lawful process when the requirements of applicable law have been satisfied.


Law Enforcement

We may disclose health information to law enforcement officials when permitted or required by applicable law.


Serious Threat to Health or Safety

We may use or disclose health information when permitted or required by law to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.


Workers' Compensation

We may disclose health information as authorized by and to the extent necessary to comply with workers' compensation laws and similar programs.


Business Associates and Service Providers

We may disclose PHI to certain third-party service providers that perform services on behalf of Essence Counseling Services when such disclosure is permitted by applicable law.

When HIPAA requires a Business Associate Agreement (“BAA”), we will obtain and maintain the appropriate written agreement.


MENTAL HEALTH AND PSYCHOTHERAPY INFORMATION

Mental health information may receive additional protection under federal and state law.

We will maintain the confidentiality of client communications and clinical information except when disclosure is authorized by the client or permitted or required by applicable law.

Psychotherapy notes, when maintained separately from the clinical record, may receive additional protection under federal law. Uses and disclosures of psychotherapy notes generally require a specific authorization except for limited circumstances permitted by law.

Because state confidentiality laws may provide additional protections, Essence Counseling Services will comply with applicable state requirements based upon the circumstances and the client's location.


SUBSTANCE USE DISORDER INFORMATION

Essence Counseling Services may provide behavioral health services that may include counseling involving substance use or substance-use-related concerns. Certain substance use disorder records may be subject to additional federal confidentiality protections under 42 CFR Part 2, when applicable. When Part 2 applies to records maintained by Essence Counseling Services, those records will be used and disclosed only as permitted by applicable federal and state law. To the extent required by Part 2, information identifying an individual as having or having had a substance use disorder will not be used or disclosed in a civil, criminal, administrative, or legislative investigation or proceeding against that individual without the consent or authorization required by applicable law or a court order and subpoena, as applicable. Part 2 protections may be different from HIPAA protections in certain circumstances. Nothing in this Notice is intended to waive or reduce protections that apply to substance use disorder records under applicable law.


TELEHEALTH AND ELECTRONIC COMMUNICATION

Essence Counseling Services provides services primarily through telehealth and may use electronic systems as part of providing care and conducting practice operations. These systems may include a telehealth platform, electronic health record, electronic scheduling systems, electronic payment systems, client portals, telephone services, and electronic communications. Essence Counseling Services uses technology and administrative safeguards intended to protect the confidentiality and security of client information.

However, no electronic communication system can be guaranteed to be completely secure.

Clients should use reasonable precautions when communicating electronically and should participate in telehealth sessions from a private location whenever possible. Clients should notify Essence Counseling Services if they believe their privacy or security has been compromised.


WEBSITE CONTACT FORMS AND EMAIL

Our website may provide a contact form for individuals who wish to make general inquiries about our services.


The website contact form is intended for general inquiries and administrative communication only.

Please do not submit detailed information about your mental health history, diagnosis, trauma history, medications, substance use, treatment history, or other highly sensitive health information through the general website contact form. Information submitted through the website may be transmitted to the practice's designated business email system for purposes of responding to the inquiry. Although Essence Counseling Services takes reasonable measures to protect information, ordinary electronic communications may carry privacy and security risks. For established clients, clinical or highly sensitive information should be communicated through the secure communication methods designated by Essence Counseling Services rather than through the general website contact form.


The website contact form and email are not monitored continuously and must not be used for emergencies.

If you are experiencing an emergency or believe that you or another person is in immediate danger, call 911, go to the nearest emergency department, or call/text 988 for the Suicide & Crisis Lifeline.


TELEHEALTH LOCATION AND LICENSURE

Essence Counseling Services provides telehealth services only when permitted by applicable law and professional licensure requirements. Because professional licensure and telehealth laws generally depend upon the client's physical location, clients must accurately provide their physical location at the time of each telehealth session. Clients are responsible for notifying Essence Counseling Services if they are physically located in a different state or jurisdiction. A change in physical location may affect whether services can legally be provided. Essence Counseling Services currently provides professional services only in jurisdictions in which the provider is appropriately licensed or otherwise legally authorized to provide the particular service.


INSURANCE, BILLING, AND PAYMENT

When you use health insurance to pay for services, we may disclose information necessary to verify eligibility and benefits, obtain authorization when required, submit claims, receive payment, and conduct other permitted payment and health care operations activities. If you pay privately, information necessary to process and document payment may be shared with applicable payment-processing or financial service providers as permitted by law. If you pay for a health care service or item completely out of pocket, you may request that information concerning that service or item not be disclosed to your health plan for payment or health care operations, subject to applicable legal requirements.


DISCLOSURES INVOLVING FAMILY MEMBERS AND OTHER PERSONS

We may disclose limited health information to a family member, close personal friend, or other person involved in your care or payment for your care when permitted by law and when you agree, do not object, or when applicable circumstances otherwise permit the disclosure. We will use professional judgment and applicable legal requirements when determining whether a disclosure is appropriate.


MINORS AND PERSONAL REPRESENTATIVES

Parents, guardians, and other legally authorized representatives may have rights to access or make decisions concerning a minor's health information, subject to applicable federal and state law. Because laws concerning minors, consent, confidentiality, and access to mental health and substance use information can vary by state and circumstance, Essence Counseling Services will apply the law applicable to the particular situation.


STATE PRIVACY AND CONFIDENTIALITY LAWS

HIPAA establishes federal privacy requirements, but federal law does not necessarily provide the only privacy protections applicable to your health information. Applicable state laws may provide additional or more stringent protections concerning mental health information, substance use disorder information, records, communications, minors, consent, disclosure, or other confidential information. Essence Counseling Services will comply with applicable federal and state confidentiality and privacy requirements.

Where applicable law provides greater protection for your information than HIPAA, Essence Counseling Services will follow the applicable legal requirements.


MARKETING AND SALE OF HEALTH INFORMATION

Essence Counseling Services will not use or disclose your PHI for marketing purposes when an authorization is required by law without obtaining the required authorization. Essence Counseling Services will not sell your PHI in circumstances where HIPAA requires your authorization without obtaining that authorization.


OTHER USES AND DISCLOSURES

Other uses and disclosures of your PHI that are not described in this Notice will generally require your written authorization when required by law. If you provide a written authorization, you may generally revoke that authorization in writing at any time, except to the extent that Essence Counseling Services has already relied upon the authorization.


OUR RESPONSIBILITIES

Essence Counseling Services is required by applicable law to:

  • Maintain the privacy and security of protected health information;
  • Provide you with this Notice describing our legal duties and privacy practices;
  • Follow the privacy practices described in the Notice currently in effect;
  • Provide you with a copy of this Notice upon request;
  • Notify affected individuals as required by applicable law if a breach occurs involving unsecured protected health information; and
  • Comply with applicable federal and state privacy requirements.

Essence Counseling Services reserves the right to change this Notice. If we make a material change to our privacy practices or this Notice, we will revise the Notice and make the revised version available as required by applicable law, including by posting the updated Notice on our website when required.


The revised Notice will apply to information maintained by the practice as permitted by law.

QUESTIONS OR PRIVACY CONCERNS

If you have questions regarding this Notice or our privacy practices, or if you believe your privacy rights have been violated, please contact:

Essence Counseling Services, LLC
Privacy Contact: Miscaline Presume, MS, LMHC
Telephone: 813-530-6061
Email: miscaline.presume@essencecounsel.com

You may also contact:

U.S. Department of Health and Human Services
Office for Civil Rights

Information concerning filing a HIPAA privacy complaint is available through the U.S. Department of Health and Human Services, Office for Civil Rights. You will not be retaliated against for filing a privacy complaint.


ACKNOWLEDGMENT OF RECEIPT

This Notice of Privacy Practices is provided to inform you about how Essence Counseling Services may use and disclose your health information and about your privacy rights. Providing this Notice does not create a therapist-client relationship and does not constitute an agreement to provide services. For clients receiving services from Essence Counseling Services, the practice will make a good-faith effort to obtain acknowledgment of receipt of this Notice when required by applicable law.


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