Notice of Privacy Practices

Awaken Mental Health
225 Commercial Street, Suite 300
Portland, ME 04101
Phone: 207-631-2383
Fax: 207-489-2793

Effective Date: April 28, 2026

THIS NOTICE DESCRIBES HOW MEDICAL AND MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice of Privacy Practices (“Notice”) is provided to you as required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the HIPAA Privacy Rule (45 C.F.R. Parts 160 and 164), the HIPAA Security Rule, the Health Information Technology for Economic and Clinical Health (HITECH) Act, 42 C.F.R. Part 2, when applicable, and applicable Maine confidentiality laws governing mental health and medical records.

Awaken Mental Health is required by law to:

  • Maintain the privacy and security of your protected health information (“PHI”).

  • Provide you with this Notice of our legal duties and privacy practices.

  • Follow the terms of the Notice currently in effect.

  • Notify you if a breach occurs that may have compromised the privacy or security of your information.

I. What Is Protected Health Information?

Protected Health Information, or PHI, includes information that identifies you and relates to your past, present, or future physical or mental health condition, the care you receive, or payment for that care. PHI may exist in written, electronic, or oral form.

Psychiatric and psychotherapy records receive heightened protection under federal and Maine law.

II. How We May Use and Disclose Your Information Without Written Authorization

Federal law allows us to use and disclose your PHI without your written authorization for the following purposes:

1. Treatment

We may use and share your information with other health care professionals involved in your care, including primary care providers, specialists, hospitals, pharmacies, and other clinicians, for coordination and continuity of treatment.

2. Payment

We may use and disclose your PHI to bill and collect payment from you, your insurance company, or other third parties.

3. Health Care Operations

We may use your information for practice management activities, quality improvement, credentialing, training, legal compliance, auditing, and business planning.

4. Business Associates

We may share PHI with third parties that perform services on our behalf, such as billing services, electronic health record vendors, secure communication platforms, accountants, or legal counsel. These entities are required by law and contract to safeguard your information.

5. Required by Law

We may disclose your PHI when required by federal or Maine law, including court orders, subpoenas, and mandated reporting requirements.

6. Public Health and Safety

We may disclose PHI to:

  • Prevent or lessen a serious and imminent threat to your health or safety or the safety of others.

  • Report suspected abuse, neglect, or exploitation as required under Maine law.

  • Comply with public health reporting requirements.

7. Health Oversight Activities

We may disclose PHI to health oversight agencies for audits, investigations, licensure, or disciplinary actions.

8. Law Enforcement

We may disclose information in limited circumstances permitted by law, including court orders or to locate a missing person.

9. Research

Your PHI may be used or disclosed for research purposes only with your written authorization or as permitted by law under approved privacy safeguards.

III. Uses and Disclosures That Require Your Written Authorization

We will not use or disclose your PHI for the following purposes without your written authorization:

  • Psychotherapy notes, as defined by HIPAA

  • Most marketing communications

  • Sale of PHI

  • Uses not otherwise described in this Notice

You may revoke an authorization at any time in writing, except to the extent we have already relied on it.

IV. Special Protections for Certain Information

1. Substance Use Disorder Records

If you receive services related to substance use disorder treatment, your records may be protected under 42 C.F.R. Part 2. These records may not be disclosed without your specific written consent except as permitted by federal law. Recipients are prohibited from redisclosing this information unless allowed by law.

2. HIV, AIDS, and Communicable Disease Information

Maine law provides additional protections for HIV-related and certain communicable disease information.

3. Psychotherapy Notes

Psychotherapy notes are kept separately from your medical record and require specific written authorization for disclosure, except in limited circumstances allowed by law.

4. Minor and Adolescent Patients

Maine law allows minors in certain circumstances to consent to specific types of care, including some mental health and substance use services. When a minor legally consents to treatment, confidentiality protections may limit parental access to related records, consistent with state and federal law. We exercise professional judgment and comply with Maine statutes governing minor consent and confidentiality.

V. Electronic Communication and Telehealth

We may communicate with you through electronic means, including secure messaging, email, telehealth platforms, and electronic health records. We implement administrative, technical, and physical safeguards required by the HIPAA Security Rule to protect electronic PHI.

However, no electronic system is completely risk-free. If you choose to communicate through less secure methods, you acknowledge and accept potential privacy risks.

VI. Health Information Exchanges

We may participate in secure electronic health information exchanges to facilitate coordination of care. Such exchanges are governed by HIPAA and Maine law. You may request information about whether we participate in any such exchange.

VII. Your Rights Regarding Your Information

You have the following rights under federal and Maine law:

1. Right to Access

You may inspect and obtain a copy of your PHI, with limited exceptions.

2. Right to Request Amendment

You may request correction of information you believe is inaccurate or incomplete.

3. Right to an Accounting of Disclosures

You may request a list of certain disclosures made outside of treatment, payment, and operations.

4. Right to Request Restrictions

You may request limits on certain uses or disclosures. We are not required to agree except where required by law.

5. Right to Confidential Communications

You may request that we contact you at a specific address or phone number.

6. Right to a Paper Copy

You may request a paper copy of this Notice at any time.

VIII. Our Duties

We are required by law to:

  • Maintain reasonable administrative, technical, and physical safeguards to protect PHI.

  • Limit uses and disclosures to the minimum necessary when applicable.

  • Train staff regarding confidentiality obligations.

  • Enter into Business Associate Agreements when required.

  • Notify affected individuals and authorities in the event of certain breaches.

IX. Complaints

If you believe your privacy rights have been violated, you may file a complaint with:

Dylan McKenney MD
Awaken Mental Health
225 Commercial Street, Suite 300
Portland, ME 04101
Phone: 207-631-2383

You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights.

You will not be retaliated against for filing a complaint.

X. Changes to This Notice

We reserve the right to change this Notice at any time. Any revised Notice will apply to all PHI we maintain and will be posted on our website. The effective date will appear at the top of the Notice.