Notice of Privacy Practices
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.
Big Mountain Mental Health, PLLC (the “Practice”) is committed to protecting your privacy. The Practice is required by federal law (the Health Insurance Portability and Accountability Act of 1996, “HIPAA”) to maintain the privacy and security of Protected Health Information (“PHI”) — information that identifies you or could be used to identify you and that relates to your health care. The Practice is required to provide you with this Notice of Privacy Practices, which explains the Practice’s legal duties, its privacy practices, and your rights regarding PHI. Where Montana law provides greater protection for your information than federal law, the Practice follows Montana law.
Your Rights
You have the following rights regarding your PHI. To exercise any of them, submit a written request using the contact information at the end of this Notice.
Right to inspect and copy
You may ask to see or receive an electronic or paper copy of your record. The Practice will respond promptly, and no later than the timeframes required by law. A reasonable, cost-based fee may be charged for copies.
The Practice may deny access in limited circumstances — for example, if disclosure would endanger your life or safety or that of another person. In most cases you have the right to have a denial reviewed.
Psychotherapy notes (see below) are kept separately from your clinical record and are not part of the record made available for routine access.
Right to amend
You may ask the Practice to correct PHI you believe is incorrect or incomplete. The request must be in writing and include a reason. The Practice may deny the request in certain circumstances; if so, you will receive a written explanation and may submit a statement of disagreement that will be kept with your record.
Right to request confidential communications
You may ask to be contacted in a specific way (for example, only at a certain phone number, or only by email). The Practice will accommodate all reasonable requests and will not ask why.
Right to request restrictions
You may ask the Practice not to use or share certain PHI for treatment, payment, or health care operations. The Practice is not required to agree if the restriction would affect your care.
If you pay for a service in full out of pocket, you may require the Practice not to share information about that service with your health insurer, and the Practice must agree.
You may ask the Practice not to share your PHI with specific family members or friends by identifying the restriction and to whom it applies.
Right to an accounting of disclosures
You may request a list of certain disclosures of your PHI made in the six years prior to your request (excluding disclosures for treatment, payment, health care operations, and those you authorized). One accounting per 12-month period is free; a reasonable fee may apply for additional requests.
Right to a paper copy of this Notice
You may request a paper copy of this Notice at any time, even if you agreed to receive it electronically.
Right to have someone act for you
If you have given someone a medical power of attorney, or someone is your legal guardian or personal representative under Montana law, that person may exercise your rights on your behalf. The Practice will verify their 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 the Practice using the contact information below.
You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights: 200 Independence Avenue S.W., Washington, D.C. 20201; 1-877-696-6775; www.hhs.gov/ocr/privacy/hipaa/complaints/.
The Practice will never retaliate against you for filing a complaint.
Our Uses and Disclosures
1. Routine uses and disclosures
Federal law permits the Practice to use and disclose PHI without your written authorization for treatment, payment, and health care operations:
Treatment: The Practice may share PHI with other professionals involved in your care — for example, coordinating with your primary care provider or a prescriber, or consulting with another licensed professional about your treatment (with identifying details limited to what is necessary).
Payment: The Practice may use and share PHI to bill and collect payment from your health plan or other payers — for example, submitting claims with diagnosis and service codes to your insurer.
Health care operations: The Practice may use PHI to run the practice, improve care, and contact you — for example, sending appointment reminders if you choose to receive them.
2. Uses and disclosures that may be made without your authorization
The Practice may use or disclose PHI without your authorization in the following circumstances, most of which are governed by specific Montana statutes:
Abuse or neglect: The Practice is required to report suspected abuse or neglect of a child (Mont. Code Ann. § 41-3-201) and suspected abuse, neglect, or exploitation of an older person or a person with a developmental disability (Mont. Code Ann. § 52-3-811).
Serious threat to an identifiable person: Under Montana law (Mont. Code Ann. § 27-1-1102), if a client communicates an actual threat of physical violence by specific means against a clearly identified or reasonably identifiable person, the Practice has a duty to warn which is discharged by making reasonable efforts to notify the potential victim and law enforcement.
Serious threat to your safety: The Practice may disclose PHI to prevent or lessen a serious and imminent threat to your own health or safety, limited to persons able to help prevent or reduce the threat.
Judicial and administrative proceedings: The Practice may disclose PHI in response to a valid court order, and will respond to subpoenas and discovery requests as Montana law and the psychotherapist–client privilege allow. Psychotherapy notes receive additional protection, described below.
Required by law: If disclosure is otherwise required by federal, state, or local law, or to the Secretary of Health and Human Services to determine the Practice’s compliance with federal privacy rules.
Health oversight: For audits, investigations, and inspections by agencies that oversee the health care system and government programs.
Public health: For public health activities such as reporting adverse reactions to medications.
Workers’ compensation: To comply with workers’ compensation laws.
Decedents: To coroners, medical examiners, and funeral directors performing their legally authorized duties.
Research: For research approved by an institutional review board that has established protocols to protect PHI.
Specialized government functions: To specialized government functions such as military, national security, or protective services, where required.
Business associates: To organizations that perform services on the Practice’s behalf (for example, an electronic health record vendor). Business associates are contractually required to safeguard PHI.
3. Uses and disclosures to persons involved in your care
Unless you object, the Practice may disclose PHI to a family member, friend, or other person you identify, when the information is directly relevant to that person’s involvement in your care or payment for care, or to notify them of your location or condition. If you are unable to state a preference, the Practice may share information when it judges disclosure to be in your best interest, limited to what is directly relevant.
4. Uses and disclosures requiring your written authorization
The Practice must obtain your written authorization before:
Using or disclosing psychotherapy notes, except in the limited circumstances federal law permits (such as use by the therapist who created them). Psychotherapy notes are the therapist’s private process notes, kept separately from your clinical record.
Using or disclosing PHI for marketing purposes.
Selling PHI. The Practice does not sell PHI and has no intention of ever doing so.
You may revoke an authorization at any time by contacting the Practice in writing. Revocation will not affect uses or disclosures already made in reliance on the authorization.
5. Minor clients
Under Montana law (Mont. Code Ann. § 53-21-112), a minor age 16 or older may consent to outpatient mental health services from a licensed mental health professional without parental consent. When a minor lawfully consents to their own treatment, the minor controls the rights described in this Notice with respect to that treatment. The specific approach to confidentiality for each minor client — including what is and is not shared with parents or guardians — is discussed with the minor and their parent or guardian at the first session.
Our Responsibilities
The Practice is required by law to maintain the privacy and security of your PHI.
The Practice will notify you promptly if a breach occurs that may have compromised the privacy or security of your PHI.
The Practice must follow the duties and privacy practices described in this Notice and give you a copy of it.
The Practice will not use or share your PHI other than as described here unless you authorize it in writing.
Where Montana law is more protective of your information than federal law, the Practice follows the more protective law.
The Practice reserves the right to revise this Notice. Changes apply to all PHI the Practice maintains. The current Notice is available at the office, on the Practice’s website, and by request.
Contact / Privacy Official
Sam Harkness, LCSW — Privacy Official
Big Mountain Mental Health, PLLC
14 2nd St. W., Suite 2, Whitefish, MT 59937
406-209-8322 · sam@bigmountainmentalhealth.com
Effective date: July 15, 2026