Private Practice Toolkit
HIPAA and compliance

HIPAA policies and procedures

Written for a solo, private-pay, telehealth-first practice in Washington or Rhode Island (or both). Replace everything in [brackets] and delete any section that doesn't match how you practice: a policy describes the standard you'll be held to. With staff, an office, or insurance billing, several sections need expanding.

Practice: [Practice Name] Effective: [Date] Last reviewed: [Date] Reviewed by: [Your Name, credentials], Privacy & Security Officer Review cadence: Annual, and on any material change


Introduction

[Practice Name] is a solo private psychotherapy practice. The owner and sole workforce member is [Your Name, credentials], licensed in [Washington / Rhode Island] ([license number(s)]). It operates from [a home office in City, State / an office at address], providing [telehealth / in-person and telehealth] services to clients located in [Washington / Rhode Island]. It is fully out-of-network: clients pay directly, no insurance is billed, and superbills are provided on request.

This document works alongside:

What HIPAA covers

The practice is a Covered Entity. Vendors that create, receive, store, or transmit PHI on the practice's behalf are Business Associates and must sign a Business Associate Agreement (BAA) before any PHI is shared with them.

Designated officer

Privacy and Security Officer: [Your Name], [start date]–present.

With no other workforce, the Officer is solely responsible for compliance, breach response, training, and documentation.

Business associates

Business Associate Service BAA status
[Electronic health record (EHR), e.g. SimplePractice] Clinical record, scheduling, billing, secure messaging, telehealth [In force since date; how accepted]
[Email/cloud, e.g. Google Workspace] Email, calendar, file storage [In force since date; accepted in admin console]
[Other]

Vendors used without a BAA, by documented decision. A vendor that won't sign a BAA is used only if no PHI goes in, or if what goes in is limited to the minimum necessary and the residual risk is accepted in writing (see vendors and business associate agreements). Record each one:

Vendor What it's used for Data allowed Rationale
[e.g. Calendly] Consultation scheduling Name, email, phone, and appointment time only; no clinical content, date of birth, or insurance [Functional value; minimum-necessary limit; logged in Process Log on date]
[e.g. Bank / bookkeeping software] Finances No client names or clinical detail in memos or categories Financial-only data; not PHI absent treatment context
[e.g. Apple iCloud / personal phone contacts] Calling clients First name, last initial, and phone only Operational necessity; no clinical files in iCloud

When a new vendor may touch PHI, a BAA is executed before any PHI is shared.


Privacy

PHI is individually identifiable health information in any form, including demographics, appointment information, and payment information when tied to care.

Notice of Privacy Practices

Every client receives and signs the Notice of Privacy Practices (NPP) via [EHR] before services begin. It describes permitted uses and disclosures and the client's rights (access, amendment, accounting of disclosures, restriction requests, and complaints). Current NPP effective: [date]. Material updates are re-signed.

Disclosure statement

Washington requires counselors to give clients a written disclosure statement; Rhode Island practices commonly use an equivalent informed-consent document. The Disclosure Statement covers the therapy process, confidentiality and its limits, electronic communication, telehealth, fees and cancellation, termination, complaints, and emergency resources. It is reviewed each calendar year.

Client-facing policies relevant to PHI:

Releases of information

A client may authorize release of PHI to a specific third party with a written Release of Information (ROI) through [EHR]. Each ROI names the recipient, purpose, and scope, expires [1 year from signature / on a stated date], and may be revoked at any time.

Consultation and supervision

In peer consultation or supervision, only the minimum necessary information is shared, and identifying information is excluded unless an ROI is in place.

Everyday privacy practices

Where sessions happen - Private room, door closed, white noise outside the door if needed. - Screens positioned so nothing is visible from doors or windows. - Screen locked whenever stepping away. - No sessions from public spaces or public Wi-Fi; use a virtual private network (VPN) if public Wi-Fi is ever unavoidable.

Talking and paper - PHI is not discussed where it can be overheard; use first names or initials by phone in non-private areas. - Paper is minimized. Handwritten notes are transcribed into the EHR and shredded.

Phone - [Describe: which phone, voicemail handling, whether texting is used.]

Devices - Passcode/biometric unlock; auto-lock within 5 minutes. - Full-disk encryption on (FileVault on Mac, BitLocker on Windows; phones encrypt by default with a passcode). - Find My / remote wipe enabled. - PHI documents are not downloaded locally; if one must be (e.g. to sign), it is deleted and the trash emptied. - Before selling, recycling, or giving away a device: factory erase, and log it in the Process Log.

Privacy complaints

A client may complain to the Privacy and Security Officer ([email], [phone]) or to the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (hhs.gov/ocr/complaints).

Procedure:

  1. Log the complaint in the HIPAA Process Log (date, complainant, and nature).
  2. Acknowledge in writing within 5 business days.
  3. Investigate and reach a resolution or response plan within 30 days.
  4. Communicate the resolution in writing.
  5. Document corrective action in the Process Log.
  6. No retaliation, ever.

Complaint records are retained at least 6 years.


Security

Risk management

The framework is this document (reviewed annually), an annual Security Risk Analysis, the HIPAA Process Log, and annual self-training.

Administrative safeguards (45 CFR §164.308)

Physical safeguards (§164.310)

Technical safeguards (§164.312)

Breach notification

On any known or suspected impermissible use or disclosure of unsecured PHI:

  1. Contain. Stop it (revoke access, recall or request deletion of a misdirected message) and write down what happened.
  2. Assess with HIPAA's four factors: - the nature and extent of the PHI (identifiers, likelihood of re-identification); - who received it; - whether it was actually acquired or viewed; - how far the risk has been mitigated.
  3. Decide. If the probability of compromise is low, document the reasoning; notification may not be required. Otherwise treat it as a breach.
  4. Notify if it is a breach: - affected individuals, in writing, without unreasonable delay and within 60 days of discovery; - HHS: fewer than 500 people → log and report within 60 days of the end of the calendar year; 500 or more → notify HHS and prominent media within 60 days. - Both Washington and Rhode Island have their own data-breach notification laws, with their own timelines and Attorney General reporting. Check current requirements before notifying.
  5. Document everything in the Process Log.
  6. Get advice from an attorney or your malpractice carrier's risk-management line when severity warrants.

Contingency plan

Business Associates provide primary storage and backup of ePHI.

Sanctions

Not applicable while there is no workforce. The practitioner documents any self-identified lapse in the Process Log, does a root-cause review, and updates this document or training as needed. Add a sanctions policy before engaging anyone else.


Training

Annual HIPAA Privacy and Security training, logged with date and source. At minimum: Privacy Rule basics, Security Rule basics, a re-read of this document, breach recognition and response, and recent HHS enforcement or guidance. After any material change to this document, re-read it in full and log the review.


Documentation

Retain for at least 6 years from creation or last effective date (other retention periods are in the data retention policy):

Storage: compliance documents at [location]; client PHI in [EHR] only; administrative records that may reference clients in [BAA-covered email/drive].


Template shared in the Private Practice Toolkit. Not legal, tax, clinical, or compliance advice. Review it against current federal and Washington requirements, and consider having an attorney or your malpractice carrier's risk-management service look it over.