Disclaimer

Welcome to www.kellydonahuephd.com. This website is owned and operated by Health Psychology Associates, LLC/Kelly Forys Donahue, PhD. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’). This agreement is in effect as of Feb 23, 2019.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

The information contained within this website is provided for informational purposes only and should not be used for therapy purposes. The use of this website does not imply nor establish any type of doctor/patient relationship. No diagnosis or treatment is being provided by the use of this website. The use of this website does not constitute nor offer any specific medical or psychological advice whatsoever to anyone and is not intended for that use. This website is not responsible for any misinterpretation of the information provided within this website or any consequences resulting from the use of this website. This website takes no responsibility for any websites that may be linked to this website nor imply any relationships or endorsements to any linked website.

Content
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Images
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Submissions
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Links to Other Materials
Health Psychology Associates, LLC/Kelly Forys Donahue, PhD is not responsible for the content of any linked site or any link contained in a linked site. Health Psychology Associates, LLC/Kelly Forys Donahue, PhD does not endorse companies, services or products to which it links and reserves the right to note as such on its web pages. If you access any of the third party sites linked to this site, you do this entirely at your own risk. By accessing The Healthy Change School website from this website, you acknowledge and agree that The Healthy Change School is an eduational and support service that is separate from Health Psychology Associates, LLC.

Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:
In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

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  2. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

  3. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

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  5. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

  6. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

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    iiii. Impersonates any person or entity, including any Health Psychology Associates, LLC/www.kellydonahuephd.com employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  7. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Health Psychology Associates, LLC/www.kellydonahuephd.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

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Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from www.kellydonahuephd.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.kellydonahuephd.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

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Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law
This website is controlled by www.kellydonahuephd.com and Health Psychology Associates, LLC from our offices located in the state of Maryland, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maryland, by accessing our website, you agree that the statutes and laws of Maryland, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Maryland. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee
UNLESS OTHERWISE EXPRESSED, www.kellydonahuephd.com and Health Psychology Associates, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Notice of Privacy Practices

Kelly Forys Donahue, PhD Health Psychology Associates, LLC Client Service Information & Agreement/Consent and HIPAA Notification This document contains important information about my professional services and business policies. It also contains summary information about the Health Insurance Portability and Accountability Act (HIPAA), a federal law that provides privacy protections and patient rights about the use and disclosure of your Protected Health Information (PHI) for the purposes of treatment, payment, and health care operations. Although these documents are long and sometimes complex, it is very important that you read and understand them. When you sign this document, it will also represent an agreement between us. We can discuss any questions you have when you sign it or at any time in the future. PSYCHOLOGICAL SERVICES: Therapy is a relationship between people that works in part because of clearly defined rights and responsibilities held by each person. As a client, you have certain rights and responsibilities. There are also legal limitations to those rights that you should be aware of. I, as your health psychologist, have corresponding responsibilities to you. These rights and responsibilities are described below. Psychotherapy has both benefits and risks. Risks may include experiencing uncomfortable feelings, such as sadness, guilt, anxiety, anger, and frustration, because the process of psychotherapy may require discussing unpleasant aspects of your life. However, psychotherapy has benefits for individuals who undertake it. Therapy often leads to a significant reduction in feelings of distress, increased satisfaction in interpersonal relationships, greater personal awareness and insight, increased skills for managing stress and resolutions to specific problems. But, there are no guarantees about what will happen. Psychotherapy requires a very active effort on your part. In order to be most successful, you will have to work on things we discuss outside of sessions. The first (and often second) session will involve a comprehensive evaluation of your needs. This evaluation enables us to discuss some initial impressions of what our work might include. At that point, we will discuss your treatment goals and create an initial treatment plan. You should evaluate this information and make your own assessment about whether you feel comfortable working with me. If you have questions about my procedures, we can discuss them whenever they arise. If your doubts persist, I will be happy to help refer you to another behavioral health professional. APPOINTMENTS AND CANCELLATION POLICY: Appointments typically range from 30-60 minutes in duration, often once per week at a time we agree on, although some sessions may be longer duration and more or less frequent as needed. The time scheduled for your appointment is assigned to you and you alone. If you need to cancel or reschedule a session, I ask that you provide me with 24-hour notice. If you miss a session without canceling, or cancel with less than 24-hour notice, my policy is to collect the full amount of your standard appointment charge, unless we both agree that you were unable to attend due to circumstances beyond your control. It is important to note that insurance companies do not provide reimbursement for cancelled sessions; thus, you will not be able to submit for insurance reimbursement for any missed sessions. If it is possible, I will try to find another time to reschedule the appointment within the same week. In addition, you are responsible for coming to your session on time; if you are late, your appointment will still need to end on time. In the unlikely event that I am late for a session, I will either make up the lost time or adjust the fee accordingly. PROFESSIONAL FEES: My fees vary depending on the duration of our session. For most people, the first session is a longer 60- minute session. The 60-minute appointment is $250. The fee includes any time I spend in collaboration with any outside providers (physicians, psychiatrists, etc.) that you may want to be included in our work together. [Please note additional written consent to release information will be required if you want me to collaborate with other providers.] Should we decide to work together in subsequent 45-minute sessions, the fee for those appointments is $185. Shorter 30-minute check-in appointments are $125. You are responsible for paying the full cost of your session at the time of your appointment, unless prior arrangements have been made. Payment must be made by check (Payable to Dr. Kelly Donahue PhD or Health Psychology Associates, LLC), cash, or credit card. For convenience, I can keep your card securely on file and charge you following our sessions. Any checks returned to my office are subject to an additional fee of up to $25.00 to cover the bank fee that I incur. If you refuse to pay your debt, I reserve the right to use an attorney or collection agency to secure payment. If you require additional services outside of our weekly appointments (e.g., my attendance at meetings, phone consultations lasting longer than 15-minutes), it is my practice to charge on a prorated basis (I will break down the hourly cost) for these other professional services. Should you require my assistance with any legal matters, a separate fee schedule applies which will be discussed at the time of need. TELEHEALTH: This consent also covers HIPAA-secured telehealth appointments if we deem those are appropriate for our work together. INSURANCE: In order for us to set realistic treatment goals and priorities, it is important to evaluate what resources you have available to pay for your treatment. If you have a health insurance policy, it will usually provide some coverage for out-of-network behavioral health treatment. You are responsible for knowing your coverage and for submitting paperwork to your insurance company for reimbursement. You should also be aware that if you plan to submit for insurance reimbursement, most insurance companies require you to authorize me to provide them with a clinical diagnosis. (Diagnoses are technical terms that describe the nature of your problems and whether they are short-term or long-term problems.). Sometimes I have to provide additional clinical information such as treatment plans or summaries, or copies of the entire record (in rare cases). This information will become part of the insurance company files and will probably be stored in a computer. Though all insurance companies claim to keep such information confidential, I have no control over what they do with it. In some cases, they may share the information with a national medical information databank. I will provide you with a copy of any information I submit, if you request it. By signing this Agreement, you agree that I can provide requested information to your insurance carrier if they request it. In addition, if you plan to use your insurance, authorization from the insurance company may be required before they will cover therapy fees. If you did not obtain authorization and it is required, you may be responsible for full payment of the fee. Some insurance companies also have a deductible, which is an out-of-pocket amount, that must be paid by the patient before the insurance companies are willing to begin paying any amount for services. This will typically mean that you will be responsible to pay for initial sessions with me until your deductible has been met; the deductible amount may also need to be met at the start of each calendar year. It is important to remember that you always have the right to pay for my services yourself and you can choose not to submit to your insurance company to avoid the problems described above. Because I am not a participating provider with insurance plans, I will supply you with an electronic receipt of payment for services, called a “superbill,” which you can submit to your insurance company for reimbursement. Please note that not all insurance companies reimburse for out-of-network providers. PROFESSIONAL RECORDS: I am required to keep appropriate records of the psychological services that I provide. Your records are maintained in a secure location in my office or as part of a secured electronic medical record. I keep brief records that may include the dates of our sessions, your reasons for seeking therapy, the goals and progress we set for treatment, your diagnosis, topics we discussed, your medical, social, and treatment history, records I receive from other providers, copies of records I send to others, and your billing records. Except in unusual circumstances, you have the right to the information in your file. Because these are professional records, they may be misinterpreted and / or upsetting to untrained readers. For this reason, I recommend that you initially review them with me, or have them forwarded to another mental health professional to discuss the contents. If I refuse your request for access to your records, you have a right to have my decision reviewed by another mental health professional, which I will discuss with you upon your request. CONFIDENTIALITY: By law, our discussions and your records are confidential. I will not disclose any identifying information about you, including your name, without your written authorization. I offer phone and/or videoconference sessions by appointment. If you choose to use these services, please note that I cannot guarantee the confidentiality of these sessions. While I will do my best to ensure your privacy, there is an inherent risk in all video, phone and other media communication. I will never “connect” with you on social media; but should our paths inadvertently cross, I will do my best to rectify the situation immediately. There are a few circumstances under which I must disclose, in part or in whole, information pertaining to your care. I am required by law to break confidentiality if 1) I believe that you are in imminent danger of injuring or killing yourself or someone else; 2) your records are subpoenaed by a court of law; 3) if you sue Health Psychology Associates, LLC and your records are necessary for a defense; 4) you bring up your mental health as part of a defense in a court of law; or 5) the health and welfare of a child or vulnerable adult is believed to be in harm or at substantial risk of being harmed through abuse, neglect, or exploitation. I will make efforts to both notify you before releasing any information and respect your privacy when making this report. Finally, in the case I become permanently unavailable due to my injury, illness or death, I have designated a trusted colleague who may access your records solely to notify you and answer any questions you may have. PARENTS & MINORS *if applicable: While privacy in therapy is crucial to successful progress, parental involvement can also be essential. It is my policy not to provide treatment to a child under age 16. For adolescents aged 16-18, I request an agreement between the client and the parents allowing me to share general information about treatment progress and attendance, as well as a treatment summary upon completion of therapy. All other communication will require the adolescent’s agreement, unless I feel there is a safety concern (see also above section on Confidentiality for exceptions), in which case I will make every effort to notify the child of my intention to disclose information ahead of time and make every effort to handle any objections that are raised. CONTACTING ME: I do all my own scheduling, most often by email because I am often not immediately available by telephone. I do not answer my phone when I am with clients or otherwise unavailable. At these times, you may leave a message on my voice mail and your call will be returned as soon as possible, but it may take a day or two for non-urgent matters. I do not use email for psychological services since a) it is not a secure form of communication and b) I cannot be immediately responsive to email messages. Any emails we exchange should be for scheduling purposes or other pre-arranged information exchange (e.g., sharing an article of interest) only. If, for any number of unseen reasons, you do not hear from me or I am unable to reach you, and you feel you cannot wait for a return call or if you feel unable to keep yourself safe, you should 1) go to your local hospital emergency room, or 2) call 911 and ask to speak to the mental health worker on call. I will make every attempt to inform you in advance of planned absences, and provide you with the name and phone number of the behavioral health professional covering my practice if I will be unavailable. OTHER RIGHTS: If you are unhappy with what is happening in therapy, I hope you will talk with me so that I can respond to your concerns. Such comments will be taken seriously and handled with care and respect. You may also request that I refer you to another therapist and are free to end therapy at any time. You have the right to considerate, safe and respectful care, without discrimination as to race, ethnicity, color, gender, sexual orientation, age, health status, religion, national origin, or source of payment. Pursuant to the HIPAA Privacy and Security Rules regulations regarding the protection of electronic protected health information (ePHI) and honoring patient preferences regarding communications with us, it is important that you understand that emails and text messages are inherently insecure, and are transmitted in plain text between our email service and your email service provider or cell phone. Emails transit through multiple servers before being received, and all of these servers have the ability to view the contents of the email and any attachments. Identity thieves may be able to see your information. By signing below, you acknowledge that you accept this risk and authorize us to send you emails and/or text messages regardless. This authorization shall persist until you notify us in writing that you are revoking this authorization.

Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Health Psychology Associates, LLC/Kelly Forys Donahue, PhD 22 East 2nd St. Suite F Frederick, MD 21701 kellydonahephd@gmail.com.