Heart and Solutions may use or disclose records or other information about you without your consent or authorization in the following circumstances.
Emergency: If you are involved in a serious or life-threatening emergency and we cannot ask your permission, we will share information if we believe it will be helpful to you or others.
Consultation with Our Attorney: We reserve the right to consult with our attorney at any time. Our attorney is held to standards of confidentiality and is legally required to maintain confidentiality.
Child and Dependent Adult Abuse Reporting: If we have reason to suspect that a child or a dependent adult is abused, exploited, or neglected, we are required by law to report the matter within 24 hours to the Iowa Department of Human Services.
Court Proceedings: If you are involved in a court proceeding and a request is made for information about your diagnosis and treatment and the records thereof, such information is privileged under state law, and we will not release information unless you provide written authorization or a judge issues a court order. If we receive a subpoena for records or testimony, we will notify you so that you can file a motion to quash (block) the subpoena. However, while awaiting the judge’s decision, we are required to place these records in a sealed envelope and provide them to the Clerk of Court. If you, as a minor or adult, become a party in a civil commitment hearing, we may be required to provide your records to the magistrate, your attorney or guardian ad litem, a CSB evaluator, and/or a law enforcement officer.
Threat to Health or Safety: If your WPATH letter writer is engaged in their professional duties and you communicate to them a specific and immediate threat to cause serious bodily injury or death, to an identified or identifiable person, and they believe you have the intent and ability to carry out that threat immediately or imminently, your WPATH letter writer is legally required to take steps to protect third parties. These precautions may include:
- Warning the potential victim(s) or the parent or guardian of the potential victim(s) if under 18.
- Notifying a law enforcement officer, and/or
- Seeking your hospitalization
We will also use and disclose medical information about you when necessary to prevent an immediate, serious threat to your own health and safety. Heart and Solutions team members reserve the right to end a session if they feel unsafe in any way. Additionally, by signing this document, you agree that if any member of your session does not conduct themselves in a respectful manner to any team member, confidentiality rights are waived and the police will be contacted. Should a requester or any of their support members verbally abuse a member of the Heart and Solutions team or act physically or verbally aggressive toward anyone in a Heart and Solutions office or session, they will be asked to leave the premises. If they refuse to leave the premises, confidentiality is waived and the police will be contacted. Should a team member be physically injured by another person in session, in the office or while performing their work duties, we reserve the right to file appropriate legal and or civil charges.
Insurance: While this service does not require insurance coverage, the letter will be provided to your medical provider and may be reviewed as documentation for insurance coverage for your procedure. You should also be aware that most insurance companies require you to authorize your provider to provide them with a clinical diagnosis. Sometimes letter writers have to provide additional clinical information such as treatment plans or summaries, or copies of the entire record. This information will become part of the insurance company’s files and will probably be stored in a computer. Though all insurance companies claim to keep such information confidential, we have no control over what they do with it after they receive it. In some cases, they may share the information with a national medical information databank. We will provide you with a copy of any report we submit if you request it in writing. By signing this Agreement, you give Heart and Solutions, LLC permission to provide requested information to your carrier if you plan to utilize insurance coverage for gender-affirming medical care.
Supervision: All Heart and Solutions Behavioral Health Intervention Service letter writers have their Bachelor's degree in a Human Services related field or their Bachelor's degree in another field with at least two years of Human Service experience. All Heart and Solutions therapists are Master's level clinicians who are licensed to practice in the state of Iowa. Temporarily Licensed Mental Health Counselors, Temporarily Licensed Marriage and Family Counselors, and Licensed Master's Level Social Workers require ongoing supervision in order to reach full licensure status. This supervision is provided by a qualified supervisor within the agency or a contracted third party supervisor. To ensure quality requester care and services, requester diagnoses, assessments, and notes may be shared and discussed with this supervisor. The supervisor is ethically responsible to maintain requester confidentiality in the same manner as any Heart and Solutions team member.
Parents and Minors: While privacy in services is crucial to successful progress, parental involvement can also be essential. It is Heart and Solutions’ policy not to provide treatment to a child under age 13 unless they agree that we can share any clinically necessary information with a parent. For children 14 and older, we request an agreement between the requester and the parents allowing us to share general information about treatment progress and attendance, as well as a treatment summary upon completion of the counseling services. All other communication will require the child’s agreement, unless we believe there is a safety concern (see also above section on Confidentiality for exceptions), in which case we will make every effort to notify the child of our intention to disclose information ahead of time. In this situation, we will make every effort to handle any objections that are raised, but will be required to break confidentiality even if objections persist. We will not release any information to parents or guardians if it will jeopardize the physical or mental well being or safety of the requester. We reserve the right to deny access to records and clinical information to parents and guardians of minors if sharing the information is not in the best interest of the requester.
Release of Information to Medical Provider: To protect requester privacy and comply with HIPPA, we cannot provide this letter to your medical provider without a release of information on file. You are responsible for confirming the accuracy of information on the release of information. If you have signed a release for us to share information with your primary care doctor, the letter will be faxed or mailed to these providers in an effort to collaborate and provide a more holistic approach to your treatment.
Communication Methods: Heart and Solutions team members may utilize cellular phone services such as, but not limited to: Verizon, AT&T, TMobile and US Cellular. Heart and Solutions team members may utilize an internet or wifi based service such as Google Voice for phone calls and text messages. Heart and Solutions team members additionally utilize Google Suites for Gmail communication. Heart and Solutions is not responsible for the confidentiality of text messages, voice calls, emails, or voicemails sent to the intended recipient utilizing the contact information provided.
Professional Records: Heart and Solutions letter writers are required to keep appropriate records of the services that we provide. Your records are maintained utilizing an electronic system called Valant. In signing this agreement, you consent to your service records being housed in Valant. We keep records noting that you were here, your reasons for seeking letter writing services, the goals and progress we set for treatment, your diagnosis, topics we discussed, your medical, social, and treatment history, records we receive from other providers, copies of records we send to others, and your billing records. Except in unusual circumstances that involve danger to yourself, you have the right to a copy of your file. Due to the fact that these are professional records, they may be misinterpreted and/or upsetting to untrained readers. For this reason, we recommend that you initially review them with your WPATH letter writer or have them forwarded to another mental health professional to discuss the contents. If we refuse your request for access to your records, you have a right to have the decision reviewed by another mental health professional, which we will discuss with you upon your request.
Heart and Solutions requesters, and guardians of requesters, have access to all non-restricted requester records and documentation authored by Heart and Solutions, LLC. Restricted requester records include but are not limited to any and all second hand information such as documents from other agencies and collaborative services involving third parties. Records will also be considered restricted if access to them will cause harm or risk of harm to the physical or mental well being of the requester.
Collaborating agencies must request documentation in writing and provide appropriate releases of information. Heart and Solutions will release requested information only when a completed release is on file and the requester has been notified and has given consent.