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Privacy Policy

Diversified Health and Wellness Center, LLC & Diversified Health and Wellness Cares, LLC

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NOTICE OF PRIVACY PRACTICES

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Effective Date: November 14, 2018; Revised February 15, 2026

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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.

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1. Our Commitment to Your Privacy

Diversified Health and Wellness Center, LLC & Diversified Health and Wellness Cares, (“we,” “our,” or “the Practice”) is required by federal and state law to maintain the privacy of your protected health information (“PHI”), to provide you with this Notice of our legal duties and privacy practices with respect to your PHI, and to abide by the terms of the Notice currently in effect. We are required to notify you following any breach of your unsecured PHI.

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This Notice applies to all records of your care generated or maintained by the Practice, whether created by Practice staff, your therapist, your counselor, or other professionals providing services through or on behalf of the Practice.

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We reserve the right to change this Notice at any time. Changes will apply to medical information we already hold, as well as new information after the change occurs. We will post a copy of our current notice on our website at www.diversifiedhwc.com.

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2. How We May Use and Disclose Your Protected Health Information

The following categories describe different ways that we may use and disclose your PHI. Not every use or disclosure in a category will be listed; however, all of the ways we are permitted to use and disclose information will fall within one of the categories.

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A. Uses and Disclosures for Treatment, Payment, and Health Care Operations

  • Treatment. We may use and disclose your PHI to provide, coordinate, or manage your mental health care and related services. This includes coordination or management of your care with a third party. For example, if you are also being seen by a primary care physician, we may disclose your PHI to that physician if the information is relevant to your care.

  • Payment. We may use and disclose your PHI to obtain payment for services we provide to you. For example, we may send your PHI to your insurance company or health plan to obtain pre-authorization or to determine whether your plan will cover the treatment.

  • Health Care Operations. We may use and disclose your PHI in connection with our health care operations, including quality assessment and improvement activities, case management, care coordination, training programs, credentialing, licensing, accreditation activities, business planning, and general administrative activities.

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B. Uses and Disclosures That May Be Made Without Your Authorization

In certain situations, federal and Missouri law permit or require us to disclose your PHI without your written authorization. These situations include:

  • As Required by Law. We will disclose PHI when required to do so by applicable federal, state, or local law, including Missouri Revised Statutes § 630.140.

  • Public Health Activities. Disclosures to public health authorities for the purpose of preventing or controlling disease, injury, or disability; reporting vital events such as births and deaths; and reporting child abuse or neglect.

  • Victims of Abuse, Neglect, or Domestic Violence. We may disclose PHI to appropriate government authorities if we believe a patient is the victim of abuse, neglect, or domestic violence, where required or authorized by law.

  • Health Oversight Activities. We may disclose PHI to a health oversight agency for activities authorized by law, including audits, investigations, inspections, and licensure.

  • Judicial and Administrative Proceedings. We may disclose PHI in response to a court or administrative order, or, in certain circumstances, in response to a subpoena, discovery request, or other lawful process.

  • Law Enforcement Purposes. We may disclose PHI for certain law enforcement purposes, including reporting certain types of wounds or physical injuries, or in response to a court order, warrant, subpoena, or summons.

  • To Avert a Serious Threat to Health or Safety. We may use and disclose PHI when necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.

  • Specialized Government Functions. We may disclose PHI for military and veterans’ activities, national security and intelligence purposes, and protective services for the President and others.

  • Workers’ Compensation. We may disclose PHI as authorized by and to the extent necessary to comply with workers’ compensation laws or similar programs.

  • Coroners, Medical Examiners, and Funeral Directors. We may disclose PHI to coroners, medical examiners, and funeral directors as necessary to carry out their duties.

  • Organ and Tissue Donation. We may disclose PHI to organizations handling organ procurement or transplantation if you are an organ donor.

  • Research. We may disclose PHI for research purposes under certain conditions approved by an Institutional Review Board or Privacy Board.

  • Inmates and Individuals in Custody. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release PHI to the institution or official as permitted by law.

  • Emergency Situations. We may use or disclose PHI to a family member, close personal friend, or other person identified by you if it is directly relevant to that person’s involvement in your care, and you are incapacitated or unavailable to agree or object.

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C. Uses and Disclosures Requiring Your Written Authorization

Other uses and disclosures of your PHI will be made only with your written authorization. You may revoke an authorization at any time, in writing, except to the extent that the Practice has already taken action in reliance upon it. Specific situations requiring your written authorization include:

  • Marketing communications (except face-to-face communications and certain promotional gifts of nominal value).

  • Sale of your PHI.

  • Most uses and disclosures of psychotherapy notes (see Section III below).

  • Other uses and disclosures not described in this Notice.

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3. Special Protections for Psychotherapy Notes

Psychotherapy notes are notes recorded by a mental health professional documenting or analyzing the contents of a counseling session and that are separated from the rest of your medical record. Under HIPAA, psychotherapy notes receive heightened protections. We will not use or disclose your psychotherapy notes without your written authorization except in the following limited circumstances:

  • By the originator of the notes for your treatment.

  • For our use in training programs for students, trainees, or practitioners in mental health.

  • To defend ourselves in a legal action or other proceeding brought by you.

  • For the U.S. Department of Health and Human Services to investigate or determine our compliance with HIPAA.

  • As required by law, including to avert a serious threat to health or safety.

  • To a health oversight agency for lawful oversight of the originator of the notes.

  • For use by a coroner or medical examiner as authorized by law.

Psychotherapy notes are maintained separately from your general clinical record in our systems. Your written authorization is required for any other use or disclosure.

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4. Substance Use Disorder Treatment Records

Although Diversified Health and Wellness Center, LLC & Diversified Health and Wellness Cares, LLC do not provide substance use disorder (“SUD”) treatment, we may in certain circumstances receive, maintain, or exchange records that originated with an SUD treatment program subject to the federal confidentiality requirements of 42 CFR Part 2. If we receive such records, we are required to inform you of the following:

  • SUD treatment records protected under 42 CFR Part 2 may not be used or disclosed without your written consent except as expressly permitted by Part 2 regulations.

  • Part 2 records may not be re-disclosed to third parties without your specific written consent or as otherwise permitted by Part 2.

  • SUD records, or testimony relaying the content of such records, may not be used in any civil, criminal, administrative, or legislative proceeding against you unless you provide specific written consent or a court order meeting the requirements of 42 CFR Part 2 is obtained.

  • A general HIPAA authorization is not sufficient to permit the re-disclosure of Part 2 records. A separate, Part 2–compliant consent is required.

  • Violations of 42 CFR Part 2 are subject to criminal penalties and civil monetary penalties under the HIPAA enforcement framework, as amended by the CARES Act.

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If you believe your Part 2 rights have been violated, you may file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights. This provision is included in compliance with the February 16, 2026 mandate requiring all HIPAA-covered entities to address Part 2 records in their Notice of Privacy Practices, regardless of whether the entity provides SUD treatment.

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5. Telehealth and Virtual Services

We provide mental health services via telehealth platforms. When you participate in telehealth sessions, the following additional considerations apply:

  • Telehealth sessions are conducted using HIPAA-compliant, encrypted platforms. A Business Associate Agreement is in place with each telehealth technology vendor.

  • We cannot guarantee the security of your own device, home network, or internet connection. You are encouraged to participate in telehealth sessions from a private location using a secure network.

  • Your PHI transmitted during telehealth sessions receives the same protections as information generated during in-person visits.

  • If a telehealth session involves a crisis or emergency, we may disclose your PHI to emergency services or other appropriate parties as necessary to protect your health and safety.

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6. Missouri State Law Protections

In addition to federal HIPAA protections, Missouri law provides specific confidentiality protections for mental health records. Under Missouri Revised Statutes § 630.140, information and records compiled by a mental health program or facility in the course of providing services are confidential. Disclosure is permitted only in limited circumstances, including:

  • To persons or agencies responsible for providing health care services to you.

  • To entities authorized by law, such as the Missouri Department of Mental Health, for purposes of investigation, audit, or licensure.

  • Pursuant to a valid court order.

  • To law enforcement under limited circumstances prescribed by statute (e.g., if you are the victim of a crime at our facility or have threatened to commit a crime).

  • In emergency situations when necessary for your treatment and you are unable to communicate.

  • For certain approved research purposes, provided no personally identifiable information is disclosed.

 

Where Missouri law is more protective of your information than HIPAA, we follow the more protective standard. For example, Missouri law generally prohibits us from even acknowledging that you are or have been a patient of this Practice without your authorization, which exceeds the HIPAA minimum.

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7. Your Rights Regarding Your PHI

You have the following rights with respect to your PHI. To exercise any of these rights, please submit a written request to our Privacy Contact identified at the end of this Notice.

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A. Right to Inspect and Copy

You have the right to inspect and obtain a copy of your PHI maintained in a designated record set. We may charge a reasonable, cost-based fee for copies. We may deny your request in limited circumstances; if we do, you may request a review of the denial. Note: Under HIPAA, we may deny access to psychotherapy notes.

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B. Right to Amend

You have the right to request an amendment to your PHI if you believe the information is incorrect or incomplete. We may deny your request under certain circumstances (for example, if the information was not created by us, or if we determine it is accurate and complete). If we deny your request, we will provide a written explanation.

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C. Right to an Accounting of Disclosures

You have the right to request an accounting of certain disclosures of your PHI that we have made. This accounting will not include disclosures made for treatment, payment, or health care operations; disclosures made to you or authorized by you; or certain other disclosures. The first accounting in any twelve-month period is free; we may charge a reasonable fee for subsequent requests.

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D. Right to Request Restrictions

You have the right to request that we restrict the use or disclosure of your PHI for treatment, payment, or health care operations. We are not required to agree to your request, except that we must agree to restrict disclosures to a health plan for services you have paid for in full out-of-pocket, if you request such a restriction.

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E. Right to Request Confidential Communications

You have the right to request that we communicate with you about your health information in a certain way or at a certain location. For example, you may request that we contact you only at a specific phone number or by email. We will accommodate reasonable requests.

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F. Right to a Paper Copy of This Notice

You have the right to obtain a paper copy of this Notice upon request, even if you have previously agreed to receive it electronically.

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G. Right to Be Notified of a Breach

You have the right to be notified if we (or one of our Business Associates) discover a breach of your unsecured PHI. Notification will be made in accordance with federal and state requirements.

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8. Our Duties

  • We are required by law to maintain the privacy and security of your PHI.

  • We are required to provide you with this Notice of our legal duties and privacy practices.

  • We are required to abide by the terms of this Notice currently in effect.

  • We will not use or disclose your PHI without your authorization, except as described in this Notice.

  • We will not use or disclose your PHI for marketing purposes or sell your PHI without your written authorization.

  • We reserve the right to change the terms of this Notice and to make the new provisions effective for all PHI we maintain. If we make a material change to this Notice, we will make the revised Notice available upon request and will post it in our office and on our website.

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9. Complaints

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

 

U.S. Department of Health and Human Services

Office for Civil Rights

200 Independence Avenue, S.W.

Washington, D.C. 20201

Toll-Free: 1-877-696-6775

Website: www.hhs.gov/ocr/privacy/hipaa/complaints/

 

You may also file a complaint with the Missouri Attorney General’s Office if you believe your rights under Missouri law have been violated.

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

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10. Contact Information

If you have questions about this Notice or wish to exercise any of your rights, please contact:

 

Privacy Officer

Diversified Health and Wellness Center/Cares, LLC

11042 Manchester Rd

Kirkwood, Missouri 63122

Phone: 314-698-4266

Email: info@diversifiedhwc.com

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