Notice of Privacy Practices

Opalite Counseling & Consulting PLLC
Effective date: October 3, 2026

This notice describes how your health information may be used and disclosed and how you can access it. Please review it carefully.

This notice applies to services and records maintained by Opalite Counseling & Consulting PLLC (“Opalite,” “we,” or “our”). It explains your privacy rights, how we use and share protected health information, and whom to contact with questions. More protective federal or Texas law controls when applicable.

Your privacy rights

Access and copies

You may ask to inspect or receive an electronic or paper copy of your record and other health information we maintain about you. We act on written requests for mental health records as promptly as the circumstances require and within 15 days as required by Texas law, subject to lawful exceptions. If the information does not exist or cannot be found, we will tell you. Any fee is limited to what applicable law permits. Access to some information may be limited by law. Separately maintained psychotherapy notes have special protections; requests are evaluated under both Texas and federal law. If we deny access, we will explain the reason and any available review right.

Correction, confidential contact, and limits

You may ask us to amend information you believe is incorrect or incomplete. We may deny the request but will explain why in writing, usually within 60 days. You may ask us to contact you in a particular way or at a different address; we will accommodate reasonable requests. You may request limits on uses or disclosures for treatment, payment, or operations. We are generally not required to agree, but if we agree, we will honor the restriction subject to legal exceptions. If you pay in full out of pocket for a service, you may ask us not to disclose information about that service to your health plan for payment or operations. We must agree unless disclosure is required by law.

Accounting, notice, and representative

You may ask for an accounting of certain disclosures made in the six years before your request. It will not include disclosures exempted by law, such as most treatment, payment, and operations disclosures. One accounting in a 12-month period is free. You may request a paper copy of this notice at any time. A legally authorized personal representative may exercise your rights after we verify that person’s authority, subject to applicable limits.

Complaints

You may complain to our privacy contact below or to the U.S. Department of Health and Human Services Office for Civil Rights or call 1-877-696-6775. We will not retaliate against you for filing a complaint. Our Records requests & complaints page also explains how to contact the Texas licensing authority and file a Texas Attorney General consumer complaint.

Your choices and written authorizations

You may tell us your preferences about sharing information with family members, friends, or others involved in your care or payment, and for disaster relief. We will consider your wishes and applicable law. If you cannot tell us your preference, we may share information when we believe it is in your best interest, as permitted by law. For minors, a parent’s or other representative’s access depends on consent, custody, and applicable law; we verify authority and consider legal protections before disclosure.

We generally need your written authorization for marketing, sale of health information, and most uses or disclosures of separately maintained psychotherapy notes. We will obtain authorization for other uses or disclosures when law requires it. You may revoke an authorization in writing, except to the extent we already relied on it. We do not sell your health information. We do not use your health information for fundraising.

How we use and disclose information

Treatment, payment, and health care operations

We may use and disclose health information to provide, coordinate, or manage your care; to bill and collect payment from you or a health plan; and to operate our practice. For example, we may consult with another treating provider when permitted, use a billing or electronic record service under a business associate agreement, or review care and practice quality. Opalite currently provides self-pay services and does not submit insurance claims. Texas law may require additional authorization or impose stricter limits for particular records or electronic disclosures; we follow those requirements and their exceptions.

Other purposes allowed or required by law

When legal conditions are met, we may use or disclose information for public health activities; reports of suspected abuse or neglect; to avert a serious threat to health or safety; health oversight; research; workers’ compensation; certain law enforcement or government functions; to coroners, medical examiners, or funeral directors; and in response to legal process such as a court order or subpoena. We may disclose information when federal or Texas law requires it, including to HHS for privacy oversight. A subpoena does not automatically authorize release of confidential mental health records; we review the governing law and required safeguards before responding.

Texas mental health confidentiality

Texas law protects confidential communications and records concerning mental health services. We disclose them with proper consent or when a specific legal exception permits or requires disclosure, including certain treatment, safety, and reporting situations. We apply any stricter Texas rule that governs a disclosure. A separate authorization may be required for an electronic disclosure under Texas Health and Safety Code §181.154 unless a statutory exception applies.

Substance use disorder records protected by federal Part 2

Some substance use disorder (SUD) patient records receive additional protection under 42 CFR Part 2. If Opalite creates, maintains, or receives records subject to Part 2, we will use or disclose them only as Part 2 permits. A Part 2 program generally needs your written consent for disclosure, subject to limited exceptions. A single consent may cover future treatment, payment, and health care operations uses and disclosures. A HIPAA covered recipient that receives Part 2 records under such consent may redisclose them as HIPAA permits, subject to Part 2 limits.

Part 2 records may not be used or disclosed in civil, criminal, administrative, or legislative proceedings or investigations against you without your specific written consent or a Part 2 compliant court order and subpoena or comparable legal mandate. Opalite does not operate as a Part 2 program. We still honor Part 2 restrictions on any protected records we receive.

Our responsibilities and changes

We must protect the privacy and security of your protected health information, follow this notice, and notify you if a breach of unsecured information requires notice under law. We will make a copy of this notice available to you. We may change this notice and apply the revised terms to information we already hold. The current notice will be available on request, in our office, and on our website.

Contact and records requests

Privacy contact: Kelly Adams
832-900-0653
kelly@opalitecounselingtx.com
2116 Thompson Road, Suite 101
Richmond, TX 77469

To request access to or a copy of your records, email Kelly at the address above. We will verify the identity and authority of the requester before releasing records and arrange a secure method of delivery. For an amendment, restriction, confidential communication, or accounting, contact Kelly using the same information.