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Writer's pictureKate & Katie

Does a HIPAA Form Need to Be Notarized?

Updated: 5 days ago

No, a HIPAA Privacy Notice Form does not need to be notarized. It is important to distinguish the difference between the HIPAA Privacy Notice and the HIPAA Psychotherapy Authorization Form commonly known to therapists as a Release of Information (ROI).

Regarding the HIPAA Privacy Notice, the Health Insurance Portability and Accountability Act (HIPAA) requires healthcare providers to notify clients about their rights and therapist’s duties regarding Protected Health Information (PHI).  It is always recommended that a client sign this document but it isn’t required.


Regarding a HIPAA Psychotherapy Authorization Form or ROI, this form MUST be signed in order to release or request client information.  If it isn’t signed you can NOT release or request information about your client. This form does not need to be notarized. 

 

Need a FREE HIPAA Privacy Form Template that is attorney-approved for your private practice?  CLICK HERE! Looking for attorney attorney-approved private practice paperwork bundle? CLICK HERE!


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Do Either HIPAA Forms Need a Witness Signature?


No, neither a HIPAA Privacy Notice or Release of Information (ROI) requires a signature by a witness, although we do recommend it for best practice for therapists in private practice.  It creates checks and balances assuring that your client or their guardian or personal representative has signed the document and dated it.  Remember you can not request or release information on behalf of your client if the Release of Information is not signed by the client.  


How to Create a HIPAA Privacy Notice Form Template?


When crafting a HIPAA form for use in a counseling private practice, it’s essential to include specific elements in the HIPAA form to ensure compliance and protect client rights. Here's what should be included in the HIPAA Privacy Notice Form:


  1. Notice of Privacy Practices: The form should inform clients about their rights under HIPAA and the therapist’s duties. This includes details about how PHI is used and disclosed for treatment, payment, and healthcare operations.

  2. Client Rights:

    • Right to Confidentiality: Clients should be informed that their health information is protected and will only be disclosed with their written consent or under specific legal circumstances.

    • Right to Request Restrictions: Clients have the right to request restrictions on certain uses and disclosures of their PHI, although the therapist is not required to agree to these restrictions.

    • Right to Receive Confidential Communications: Clients can request alternative means or locations for receiving communications about their PHI.

    • Right to Inspect and Copy: Clients can inspect or obtain copies of their PHI, usually for a fee, and must request this in writing.

    • Right to Amend: Clients can request amendments to their PHI if they believe it is incorrect or incomplete, though the therapist has the right to refuse this request under certain conditions.

    • Right to an Accounting of Disclosures: Clients can request an accounting of disclosures of their PHI, detailing when and to whom their information has been shared.

    • Right to Terminate: Clients can terminate therapeutic services at any time, though it's advised they discuss this with the therapist beforehand. This is a required area in any HIPAA privacy form template. 

  3. Therapist’s Duties: The form should outline the therapist’s legal obligations regarding the privacy of PHI, including how changes to privacy practices will be communicated to clients.

  4. Complaints: The form should provide information on how clients can file a complaint if they believe their privacy rights have been violated, including contact details for the state’s Department of Health and the U.S. Department of Health and Human Services.

  5. Client Acknowledgement: Although a signature is not required for this form it is recommended for best practices that the client acknowledges they have received and understood the Notice of Privacy Practices. For best practices, this section should be signed and dated by the client (or legal guardian, if applicable).


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What Additional Forms Are Needed for Counselors in Private Practice?


Managing a private practice requires more than just clinical expertise, as private practice therapists, we know; it involves staying compliant with legal standards and ensuring that all necessary documentation is in place. There is definitely more a therapist in private practice will need than just a HIPAA psychotherapy authorization form. Here are some forms you will definitely need for your counseling practice:


  1. HIPAA Privacy Notice Form: This outlines the client’s rights, the therapist’s duties, and how to file a complaint if the client feels their rights have been violated.

  2. HIPAA Authorization to Release Form/Release of Information: This form is crucial for obtaining authorization to disclose PHI to third parties, ensuring your practice is compliant with HIPAA regulations.

  3. Informed Consent Form: This document outlines the therapeutic process, client rights, benefits and risks, limits of confidentiality, the scope of services provided, fees, emergency contact information, and much more. The informed counseling consent helps to set clear expectations for both parties.

  4. Consent for Telehealth Services: With the growing popularity of online therapy, this form ensures clients understand the risks and benefits of telehealth services, the logistics of how therapy is provided and through what platforms, the limitations of telehealth sessions, cancellation policy, and more.

  5. Intake/Biopsychosocial Forms: These forms collect essential client information, including medical history and the reasons for seeking therapy, which are critical for effective treatment planning.

  6. Good Faith Estimate: The Good Faith Estimate became a requirement in 2022 for private pay therapists or clients who have insurance and choose not to use it.

  7. Sliding Scale and Therapy Payment Agreement: This form lays out sliding scale options for clients. 

  8. Suicide Risk Assessment: This form is a comprehensive assessment and plan for suicide risk. 

  9. Therapy Superbill: A therapy superbill can be provided to the client to submit to insurance, or it can be submitted to an insurance company by a therapist to help a client cover the costs of therapy through out-of-network benefits.

  10. Treatment Plan Forms: These documents outline the agreed-upon therapeutic goals and the strategies that will be used to achieve them.

  11. Progress Notes Template: A structured format for documenting each therapy session, which is vital for maintaining continuity of care and meeting legal documentation requirements.

  12. Discharge or Therapy Termination Summary Form: This form summarizes the progress made during therapy and provides recommendations for future care when treatment concludes.


Where Can I Find HIPAA Form Templates for Private Practice?


Navigating HIPAA compliance can be daunting, especially for those new to private practice. To support you in this process, we have a FREE HIPAA form template designed specifically for therapists in private practice. This form is customizable and ensures you meet all necessary legal requirements.


You can access your free printable HIPAA form by clicking here.


If you would also like the Release of Information you can get that here.


Where Can I Get Additional Forms for My Counseling Private Practice?


Running a successful private practice requires more than just clinical skills; it demands comprehensive legal and ethical documentation to protect you and your clients. The Peak Package from The Private Practice Startup offers over 20 attorney-approved forms that cover every aspect of managing a private practice, from HIPAA forms online to consent forms, intake paperwork, and more.

Ensure your practice is fully equipped and compliant. Get your attorney-approved Peak Package today and take the stress out of private practice paperwork.


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Ready to Ensure Compliance with Your HIPAA Privacy Forms and Paperwork Bundle?


Looking for a reliable, HIPAA-compliant solution to protect your client’s privacy and keep your practice running smoothly? The Private Practice Startup offers an Attorney-Approved HIPAA Privacy Form Template and a comprehensive private practice paperwork bundle that ensures you meet all legal standards while building trust with your clients. Here’s how you can get started in just three steps:


  1. Ask Any Questions – Email us at Kate@ThePrivatePracticeStartup.com if you need clarification or additional information about our HIPAA forms or paperwork.


  2. Download Your Free Template or Bundle – Grab the Attorney-Approved HIPAA Privacy Form Template or upgrade to the full private practice paperwork bundle to cover all your documentation needs.


  3. Start Using It Right Away – Customize the template with your practice details and immediately start protecting client privacy with HIPAA-compliant paperwork that keeps your practice organized and secure.


Additional Services Offered at The Private Practice Startup


At The Private Practice Startup, we’re dedicated to helping your private practice thrive. In addition to offering comprehensive private practice paperwork packages tailored specifically for mental health professionals, we also provide supervision forms that cater to your unique requirements. Want to expand your client base? Our detailed Private Practice Marketing E-Course is designed to guide you every step of the way. Be sure to tune into the Private Practice Startup Podcast for expert insights from top industry professionals, thriving therapists, and entrepreneurs. Whether you’re in Texas, California, New York, Florida, or beyond, we’re here to help you succeed.

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