VALENCE PSYCHIATRY, P.C.
Notice of Privacy Practices
This notice describes how your medical information may be used and disclosed, as well as how you may get access to this information. Please review this notice carefully.
Valence Psychiatry, P.C.
2521 Jena Street, Suite 205
New Orleans, LA 70015
PRIVACY CONTACT:
Brendan J. Mauch, MD
Effective date: July 26, 2026
Purpose
Valence Psychiatry, P.C. (Valence or We) respect your privacy. We are also legally required to maintain the privacy of your protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) and other federal and state laws. We follow state privacy laws, including when they are stricter or more protective of your PHI than federal law.
As part of our commitment and legal compliance, we are providing you with this Notice of Privacy Practices (Notice). This Notice describes:
Our legal duties and privacy practices regarding your PHI, including our duty to notify you following a data breach of your unsecured PHI.
Our permitted uses and disclosures of your PHI.
Your rights regarding your PHI.
Contact
If you have any questions about this Notice, please contact Brendan J. Mauch, MD.
Your PHI:
Is health information about you:
which someone may use to identify you; and
which we keep or transmit in electronic, oral, or written form.
Includes information such as your:
name;
past, present, or future physical or mental health or medical conditions;
payment for healthcare products or services; or
Scope
To provide your care and to comply with certain legal requirements, we create a record of the care and health services you receive. This Notice applies to all the PHI that we generate.
We and those working on our behalf follow the duties and privacy practices that this Notice describes, as well as any changes once they take effect.
Changes to this Notice
We can change the terms of this Notice, and any changes will apply to all information we have about you. The new notice will be available on our website, valencepsychiatry.com, and a paper copy may be obtained upon request.
Data Breach Notification
We will promptly notify you if a data breach occurs that may have compromised the privacy or security of your PHI. Most of the time, we will notify you in writing, by first-class mail, or we may email you if you have provided us with your current email address and you have previously agreed to receive notices electronically.
For patients in North Carolina: In accordance with N.C.G.S. § 75-65, if a data breach compromises your unencrypted information, we will notify you in the most expedient manner possible and within a maximum of 45 days (which is stricter than HIPAA's 60-day limit). We are also required to notify the North Carolina Attorney General before or concurrent with your notice. Your breach letter will contain mandated identity theft resources, including direct contact details for the Federal Trade Commission and the North Carolina Attorney General.
Your Rights
When it comes to your health information, you have certain rights. This section explains your rights, in addition to some of our responsibilities to help you.
You have the right to:
Obtain a copy of your PHI. You may ask to see or obtain an electronic or paper copy of the PHI that we maintain about you (i.e. right to access). Below are some clarifications about your access rights:
We require you to make access requests in writing or by submitting an electronically signed form;
We may charge a reasonable, cost-based fee for the costs of copying, mailing, and/or other supplies associated with your request;
You may request that we provide a copy of your PHI to a family member, another person, or a designated entity;
If you request a copy of your PHI, we will generally decide to provide or deny access within 30 days. However, for patients in Louisiana, state law dictates a faster response time, and we will fulfill or deny your access request within 15 days. If we require an extension under federal law, we will notify you in writing.
We may deny your request for access in certain limited circumstances; however, if we deny your access request, we will provide a written denial with the basis for our decision and explain your rights to appeal or file a complaint.
Ask us to correct your medical record. You may ask us to correct or amend PHI that we maintain about you that you think is incorrect or inaccurate. If we deny your request, we will provide a written explanation and inform you of your right to submit a statement of disagreement.
Ask us to limit what we use or share. You have the right to ask us to limit what we use or share about your PHI (i.e. right to request restrictions). You can contact us and request that we not use or share certain PHI for treatment, payment, or operations or with certain persons involved in your care. We require that you submit this request in writing. For these requests:
We are not required to agree;
We may say "no" if it would affect your care; but
We will agree to not disclose information to a health plan for purposes of payment or healthcare operations if the requested restriction concerns a healthcare item or service for which you or another person, other than the health plan, paid in full out-of-pocket, unless it is otherwise required by law.
Get a list of those with whom we have shared your PHI. You have the right to request an accounting of certain PHI disclosures that we have made. For these requests:
We will include all disclosures except for those about treatment, payment, and healthcare operations, as well as certain other disclosures, such as any you asked us to make; and
We will provide one accounting per year for free but will charge a reasonable, cost-based fee should you request another one within 12 months.
Choose someone to act for you. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your PHI.
Request confidential communications. You have the right to request that we communicate with you about health matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or at a specific address. For these requests:
You must specify how and/or where you wish to be contacted; and
We will accommodate reasonable requests.
Make a complaint. You have the right to complain if you feel we have violated your rights. We will not retaliate against you for filing a complaint. You may either file a complaint:
Directly with us by contacting Brendan J. Mauch, MD; all complaints must be submitted in writing; or
With the Office for Civil Rights at the US Department of Health and Human Services. Send a letter to 200 Independence Avenue, S.W. Washington, D.C. 20201; call 1-877-696-6775; or visit www.hhs.gov/ocr/privacy/hipaa/complaints/.
Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, please contact us and we will make reasonable efforts to follow your instructions.
In these cases, you have both the right and the choice to tell us whether to:
Share information with your family, close friends, or others involved in your care.
Share information in disaster relief.
If you are not able to tell us your preference (e.g. if you are unconscious), we may share your information if we believe it is in your best interests, according to our best judgment. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In the following cases, we will not share your information unless you give us your written permission:
Marketing purposes.
Other uses and disclosures not described in this Notice.
You may revoke your authorization at any time, but that will not affect information that we already used and disclosed.
Uses and Disclosures of Your PHI
The law permits or requires us to use or disclose your PHI for various reasons, which we explain in this Notice. We have included some examples, but we have not listed every permissible use or disclosure. When using or disclosing PHI or requesting your PHI from another source, we will make reasonable efforts to limit our use, disclosure, or request about your PHI to the minimum we need to carry out our intended purpose. PHI that the law permits or requires us to disclose may be further shared by recipients and is no longer protected by law or the safeguards and restrictions in place when it is in our possession.
Uses and Disclosures for Treatment, Payment, or Health Care Operations
Treatment. We may use and disclose your PHI to other professionals who are treating you, including doctors, nurses, therapists, counselors, technicians, medical students, or hospital personnel involved in your care. For example, we may disclose information about your overall health to physicians who are treating you for a specific injury or condition.
Billing and payment. We may use and disclose your PHI to bill and receive payment from health plans or others. For example, we share your PHI with your health insurance plan so that it will pay for the services you receive.
Running our organization. We may use and disclose your PHI to run our practice, improve your care, and contact you when necessary. For example, we may use your PHI to manage the services and treatment you receive or to monitor the quality of our healthcare services.
Other Uses and Disclosures
We may share your information in other ways, usually for public health or research purposes or to contribute to the public good. For more information on permitted uses and disclosures, see www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html. For example, these other uses and disclosures may involve:
Our business associates. We may use and disclose your PHI to outside persons or entities that perform services on our behalf, such as auditing, legal, or transcription (i.e. Business Associates). The law requires our business associates and their subcontractors to protect your PHI in the same way that we do. We also contractually require these parties to appropriately safeguard your PHI and to use and disclose your PHI only as permitted.
Complying with the law. For example, we will share your PHI if the Department of Health and Human Services requires it when investigating our compliance with privacy laws.
Helping with public health and safety issues. For example, we may share your PHI to:
report injuries, births, and deaths;
prevent disease;
report adverse reactions to medications or medical device product defects;
report suspected child neglect or abuse, or domestic violence; or
avert a serious threat to public health or safety.
Research. For example, we may share your PHI for some types of health research that do not require your authorization, such as if an institutional review board (IRB) has waived the written authorization requirement.
Addressing workers' compensation, law enforcement, or other government requests. For example, we may use and disclose your PHI for:
workers' compensation claims;
healthcare oversight activities by federal or state agencies;
law enforcement purposes; or
specialized government functions, such as military and veterans' activities, national security and intelligence, presidential protective services, or medical suitability.
Responding to legal actions. For example, we may share your PHI to respond to:
a court or administrative order or subpoena;
discovery request; or
another lawful process.
Lawsuits, Subpoenas, and Disputes. If you are involved in a lawsuit or a legal dispute, we may disclose your PHI only in response to a court order, administrative order, or a lawfully issued subpoena that meets strict state law criteria.
For patients in Louisiana: In accordance with Louisiana law (La. R.S. § 13:3715.1), we will not disclose your medical records in response to a standard subpoena or discovery request unless we are provided with strict statutory proof. This proof must confirm that the requesting party has sent a certified notice to you (or your legal counsel) at your last known address, outlining your right to object to the disclosure within 25 days, and that no such objection or motion to quash has been filed.
For patients in North Carolina: In accordance with North Carolina law (N.C.G.S. § 8-53), all communications and records between a healthcare provider and a patient are considered strictly privileged. We will not release your records in response to an attorney-issued subpoena unless it is accompanied by your signed, valid written authorization, or a specific court order signed by a presiding North Carolina judge compelling disclosure because it is necessary to the proper administration of justice.
Special Protections for Substance Use Disorder Records
The confidentiality of substance use disorder (SUD) records maintained by this practice is protected by Federal law and regulations (42 CFR Part 2 and HIPAA).
Use in Legal Proceedings. Generally, we may not use or disclose any information identifying you as a person seeking or receiving treatment for a substance use disorder in any civil, criminal, administrative, or legislative proceeding against you, unless we receive your explicit, separate written consent or a specific court order accompanied by a valid subpoena.
Redisclosure Notice. Once your protected SUD information is disclosed to a third party with your written consent, federal law strictly prohibits that recipient from redisclosing your records to initiate or substantiate any criminal charges against you or to conduct a criminal investigation, unless further authorized by a specific court order or your explicit consent.
Your Right to Restrict Disclosures. You have the right to request that we restrict the use and disclosure of your SUD records for treatment, payment, or healthcare operations. While we are not required to agree to all restriction requests, we must agree to your request to restrict disclosures to a health insurance plan for payment or healthcare operations if the disclosure is not required by law, and the SUD records pertain solely to a healthcare item or service for which you (or someone on your behalf) have paid us in full out-of-pocket.
Voluntary Treatment Requests under North Carolina Law. In alignment with N.C.G.S. § 90-109.1, if you voluntarily request treatment and rehabilitation for substance dependence, your request will be treated with absolute confidentiality. We will not refer you to another facility or provider for SUD treatment and rehabilitation without your direct consent.
Fundraising Communications. We may use limited demographic information and the dates of your care to contact you for fundraising efforts to support our programs and operations. However, we will never use or disclose your SUD records for fundraising purposes without your prior written authorization. If we do contact you for fundraising purposes, you have an absolute right to opt out of receiving any future communications of this nature, and any fundraising material you receive from us will include clear instructions for opting out.
Enforcement. You may file a complaint with the Secretary of Health and Human Services if you believe your privacy rights regarding SUD records have been violated. Civil and criminal penalties now apply to unauthorized disclosures of SUD records in the same manner as HIPAA violations.
Minors' Privacy Rights
For patients in Louisiana: In accordance with Louisiana law (including Act No. 835 and La. R.S. § 40:1165.1), a parent or legal guardian retains complete legal authority over the medical and behavioral health records of an unemancipated minor child. Consequently, we cannot withhold outpatient psychiatric records from a parent or legal guardian who requests them. The sole exception applies to outpatient SUD treatment under La. R.S. § 40:1079.1, wherein a minor may independently consent to care, though the treating provider retains sole clinical discretion to notify parents, regardless of any objection from the minor.
For patients in North Carolina: In accordance with N.C.G.S. § 90-21.5, a minor with decisional capacity may autonomously consent to health services for the prevention, diagnosis, and treatment of outpatient mental health issues, including SUD and emotional disturbances. When a minor consents to these outpatient services independently, the records generated from that care are confidential. We will not disclose these specific mental health or SUD records to parents, guardians, or any third party unless the minor provides express written authorization, or as otherwise mandated by stricter state or federal laws.
Special Protections for Psychotherapy Notes
Psychotherapy notes are a specific category of mental health records. They are notes recorded by a mental health professional documenting or analyzing the contents of a conversation during a private, joint, or family counseling session, and they are kept separate from the rest of your medical record.
Prior Written Authorization Required. We must obtain your explicit, separate written authorization for any use or disclosure of your psychotherapy notes, except for: (1) use by the originator of the notes for your treatment; (2) use or disclosure by our practice for our own mental health training programs; or (3) use or disclosure by our practice to defend ourselves in a legal action or other proceeding brought by you.
No Mandatory Patient Access. Unlike standard medical and behavioral health records, the federal HIPAA Privacy Rule and state confidentiality laws do not grant you an automatic right to inspect or obtain a copy of your raw psychotherapy notes. Any release of these notes to you or a third party remains entirely at the clinical discretion of your treating provider.
Stricter State Law Court Orders. In accordance with Louisiana law (La. R.S. § 13:3715.1) and North Carolina law (N.C.G.S. § 8-53), psychotherapy notes are considered strictly privileged. They will never be released in response to an attorney-issued subpoena or discovery request. They will only be disclosed if you provide an explicit, standalone written authorization, or if a judge signs a specific court order after a formal hearing determining that the notes are vital to the administration of justice.
Stricter State Laws
The privacy laws of a particular state or other federal laws might impose a more stringent privacy standard. If these more stringent laws apply and are not superseded by federal preemption rules, we will comply with the more stringent law.