Please refer to the Disclosure & HIIPPA forms that you may download on the Appointment Forms page.
Generally speaking, the information provided by and to a client during therapy sessions is legally confidential if the psychotherapist is a Licensed Psychologists, Licensed Social Workers, Licensed Professional Counselors, Licensed Marriage and Family Therapists, Certified and Licensed Addiction Counselors, or a Registered Psychotherapist. If the information is legally confidential, the psychotherapist cannot be forced to disclose the information without the client’s consent or in any court of competent jurisdiction in the State of Colorado in which a subpoena has been served.
There are exceptions to this general rule of legal confidentiality. These exceptions are listed in the Colorado statutes, C.R.S. §12-43-218. You should be aware that provisions concerning disclosure of confidential communications shall not apply to any delinquency or criminal proceedings, except as provided in C.R.S § 13-90-107. There are additional exceptions that your primary therapist will identify to you as the situations arise during treatment or in our professional relationship. Some of those exceptions are:
· your primary therapist is required to report suspected child abuse or neglect situations;
· required to report the abuse or exploitation of an at-risk elder, or the imminent risk of abuse or exploitation;
· if your primary therapist determines that you are a danger to yourself or others, including those that can be identified by their association with a specific location or entity, he/she is required to disclose such information to the appropriate authorities or to warn the party, location, or entity you have threatened;
· if you become gravely disabled, your primary therapist is required to report this to the appropriate authorities;
· your primary therapist may also disclose confidential information in the course of supervision or consultation in accordance with Jay D Fellers LCSW PC’s policies and procedures;
· in the investigation of a complaint or civil suit filed against your primary therapist or Jay D Fellers LCSW PC;
· if you communicate any information involving a threat to yourself or to others, your primary therapist may be required to take immediate action to protect you or others from harm; or
· if your primary therapist or Jay D Fellers LCSW PC is ordered by a court of competent jurisdiction to disclose such information.
If you have been court-ordered to receive services from Jay D Fellers LCSW PC, there are additional exceptions to confidentiality. For example, you must sign a release of information for us to communicate with your probation officer, the Court and/or other members that are part of a Multidisciplinary Team.
In addition, there may be other exceptions to confidentiality as provided by HIPAA regulations and other Federal and/or Colorado laws and regulations that may apply.
Additionally, although confidentiality extends to communications by text, email, telephone, and/or other electronic means, your I cannot guarantee that those communications will be kept confidential and/or that a third-party may not access your communications.
I've included several ways to contact me. The best way to reach me is through this website, because this will both send me an email and an automatic text message. Otherwise, emailing or texting (or, better yet, using What's App, an encrypted service) is the quickest way to reach me & for me to reach you. However, although confidentiality extends to communications by text, email, telephone, and/or other electronic means, I cannot guarantee that those communications will be kept confidential and/or that a third-party may not access your communications. My email [email protected] will send you emails that are encrypted; but, it is important to know that your reply will not be encrypted unless you use a similar email service. Further, using What's App instead of texting will provide encryption for both you and I. Even though I may utilize state of the art encryption methods, firewalls, and back-up systems to help secure your communication, there is a risk that your electronic or telephone communications may be compromised, unsecured, and/or accessed by a third-party. Please review and fill out Jay D Fellers LCSW PC’s Consent for Communication of Protected Health Information by Unsecure Transmissions).
While this written summary of exceptions to confidentiality should prove helpful in informing you about potential problems, it is important that we discuss any questions or concerns that you may have. I will be happy to discuss these issues with you if you need specific advice, but formal legal advice may be needed because the laws governing confidentiality are quite complex, and I am not an attorney.
The financial part of our relationship also imposes some confidentiality limits. If you are using insurance or another third party payer, I must share certain information with them, including (but not necessarily limited to) your diagnosis and the times of your visits, symptoms, progress, etc. You should also understand that insurance and managed care information is often stored in national computer databases. If I find myself in a dispute with you over billing, I may only provide the information necessary to clarify and collect any outstanding balance.