HIPAA Privacy Questions, Individual Rights, and Complaints
Settle Down ABA Inc. has designated Dirk S. Ayers, Director of Operations and Client Advocate, as its HIPAA Compliance Officer.
The HIPAA Compliance Officer is responsible for coordinating the organization's privacy compliance activities, receiving privacy-related inquiries and complaints, assisting individuals with requests concerning their protected health information, and overseeing applicable privacy policies and procedures.
Patients, parents, legal guardians, and authorized representatives may contact the HIPAA Compliance Officer regarding privacy concerns, requests to access or amend protected health information, requests for confidential communications, or questions about their rights under HIPAA.
HIPAA Compliance Officer: Dirk S. Ayers
Title: Director of Operations and Client Advocate
Organization: Settle Down ABA Inc.
Address: 1060 Wigwam Parkway, Henderson, NV 89074
Telephone: (702) 547-6971
Settle Down ABA Inc. prohibits retaliation against individuals for exercising their privacy rights or submitting a good-faith privacy complaint.
Individuals also have the right to submit complaints to the U.S. Department of Health and Human Services, Office for Civil Rights, without retaliation.
HIPAA NOTICE OF PRIVACY PRACTICES
SETTLE DOWN ABA INC.
Effective Date: October 9, 2026
HIPAA Compliance Officer: Dirk S. Ayers, Director of Operations and Client Advocate
IMPORTANT: THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU OR YOUR CHILD MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
1. Introduction and Commitment to Privacy
Settle Down ABA Inc. (“SDABA,” “we,” “our,” or “the Organization”) is committed to protecting the privacy, confidentiality, integrity, and security of protected health information (PHI) entrusted to us by patients, parents, legal guardians, and authorized representatives.
We provide individualized Applied Behavior Analysis (ABA) therapy and related behavioral healthcare services to children and families throughout Clark County, Nevada.
As a healthcare provider subject to applicable federal and state privacy requirements, Settle Down ABA Inc. is required to maintain the privacy and security of protected health information, provide notice of its legal duties and privacy practices, and follow the terms of the Notice of Privacy Practices currently in effect.
This notice applies to protected health information created, received, maintained, or transmitted in connection with our healthcare services and operations, including information concerning:
Clinical evaluations, assessments, and diagnoses.
ABA treatment recommendations and treatment plans.
Behavioral assessments, observations, and intervention data.
Clinical progress reports and reassessments.
Caregiver and parent training.
Treatment attendance, scheduling, and service coordination.
Health insurance eligibility, authorizations, claims, and payment.
Electronic health records and other clinical documentation.
Communications involving healthcare services.
This Notice applies to Settle Down ABA Inc.'s covered healthcare operations at its clinical locations and through authorized personnel and business associates, as applicable.
2. How We May Use and Disclose Protected Health Information
Federal law permits certain uses and disclosures of PHI without a separate written authorization. Other uses and disclosures require authorization or are subject to additional legal protections.
A. Treatment
We may use and disclose PHI to provide, coordinate, manage, and evaluate healthcare services.
Examples include:
Developing individualized ABA treatment plans.
Conducting and reviewing clinical assessments.
Coordinating care among BCBAs, BCaBAs, RBTs, and other authorized treatment professionals.
Communicating with referring or treating healthcare professionals.
Coordinating medically necessary treatment services.
Discussing treatment goals and progress with authorized caregivers or representatives.
Supporting reassessment, continuity of care, and clinical transitions.
We may share relevant information with other healthcare professionals involved in the patient's treatment as permitted by law.
B. Payment
We may use and disclose PHI to obtain payment for healthcare services.
Examples include:
Verifying healthcare coverage and eligibility.
Obtaining prior authorization or reauthorization.
Submitting insurance claims.
Responding to payment inquiries or denials.
Supporting medical necessity reviews and appeals.
Communicating with insurance carriers and other responsible payers.
Completing billing, reimbursement, and payment-related activities.
These disclosures will be limited as required by applicable law.
C. Healthcare Operations
We may use and disclose PHI for lawful activities necessary to operate and improve our healthcare organization.
Examples include:
Clinical quality assurance and performance improvement.
Reviewing treatment outcomes.
Clinical supervision and professional consultation.
Staff training and competency evaluation.
Audits, accreditation, and regulatory compliance.
Utilization and documentation review.
Patient safety and incident investigations.
Healthcare administration and records management.
Fraud prevention and compliance activities.
Business planning and other lawful healthcare operations.
3. Other Uses and Disclosures Permitted or Required by Law
Subject to applicable legal conditions and restrictions, Settle Down ABA may use or disclose PHI in the following circumstances.
Public Health Activities
Information may be disclosed to authorized public health authorities for activities such as disease prevention, reporting, investigations, and other legally authorized public health purposes.
Reporting Abuse, Neglect, or Threats to Safety
We may disclose relevant information when required or permitted by law to report suspected child abuse, neglect, domestic violence, or threats involving a patient's or another person's health or safety.
Health Oversight
Information may be disclosed to authorized agencies conducting legally permitted audits, investigations, inspections, licensure reviews, or other healthcare oversight activities.
Legal and Judicial Proceedings
We may disclose PHI in response to a valid court order, subpoena, administrative request, or other lawful process when applicable HIPAA requirements and additional legal protections have been satisfied.
A subpoena does not automatically authorize unrestricted disclosure of medical records.
Law Enforcement
Information may be disclosed to authorized law enforcement officials under circumstances permitted or required by applicable law.
Serious Threats to Health or Safety
When permitted by law, we may disclose information reasonably necessary to prevent or lessen a serious and imminent threat to health or safety.
Workers' Compensation
We may disclose information as authorized and necessary to comply with applicable workers' compensation laws.
Research
PHI may be used or disclosed for research when the applicable authorization, institutional review board waiver, or other legally permitted requirements are satisfied.
Medical Examiners and Other Legally Authorized Functions
We may disclose information to coroners, medical examiners, or other legally authorized recipients when permitted or required by law.
Other Legal Requirements
We may disclose PHI when disclosure is required by an applicable federal or state law.
We will observe additional restrictions imposed by laws that provide greater privacy protections.
4. Uses and Disclosures Requiring Written Authorization
Settle Down ABA will obtain a valid written authorization when required by law before using or disclosing PHI for purposes not otherwise permitted.
Examples may include:
Certain disclosures to individuals or organizations not involved in treatment, payment, or healthcare operations.
Most uses and disclosures of psychotherapy notes, as defined by HIPAA, subject to applicable exceptions.
Uses or disclosures for marketing when authorization is required.
Disclosures constituting a sale of PHI when authorization is required.
Certain public-facing photographs, videos, testimonials, promotional materials, or identifiable patient stories.
Other uses or disclosures requiring patient or authorized representative consent under applicable law.
Settle Down ABA does not sell protected health information for commercial purposes.
An individual who provides authorization may revoke that authorization in writing at any time, except to the extent the organization has already acted in reliance upon it or other applicable legal exceptions apply.
Revocation requests should be submitted to the HIPAA Compliance Officer.
5. Special Protections for Substance Use Disorder Records
Certain substance use disorder treatment records are subject to additional federal confidentiality protections under 42 CFR Part 2.
Where Settle Down ABA creates, receives, maintains, or uses records protected by Part 2, those records will be handled in accordance with applicable Part 2 requirements.
Part 2 records generally may not be used or disclosed except as permitted by the governing regulations, including where an appropriate written consent or another applicable legal basis exists.
When a valid Part 2 consent permits uses or disclosures for treatment, payment, or healthcare operations, a HIPAA-covered recipient or business associate may be permitted to use or redisclose that information as allowed by HIPAA and Part 2, subject to applicable exceptions.
Part 2 records generally may not be used or disclosed in civil, criminal, administrative, or legislative proceedings against the patient without the specific consent required by law or an appropriate court order satisfying Part 2 requirements.
Additional protections may apply to records relating to substance use disorder diagnosis, treatment, or referral.
Individuals whose records are protected under Part 2 have rights concerning the use and disclosure of those records, including applicable rights to an accounting of disclosures and other rights established by federal law.
To the extent fundraising communications would use Part 2 records, the Organization will provide any required advance notice and meaningful opportunity to decline such communications.
Settle Down ABA will not use or disclose Part 2 records for investigative or legal proceedings against a patient except as authorized by applicable law.
6. Your Rights Concerning Protected Health Information
Patients and their authorized personal representatives have important rights concerning PHI, subject to applicable law.
A. Right to Access and Obtain Copies
You may request to inspect or obtain a copy of your or your child's designated record set, including records maintained electronically, subject to applicable exceptions.
Requests may include relevant clinical assessments, treatment documentation, and other information maintained in the designated record set.
We generally must respond to a valid access request within 30 days, subject to legally permitted extensions.
Reasonable, cost-based fees may apply when permitted by law. We will not impose fees prohibited by HIPAA.
B. Right to Request an Amendment
You may request a correction or amendment to information that you believe is incorrect or incomplete.
Requests must identify the information to be amended and the reason for the request.
We generally must act on an amendment request within 60 days, subject to legally permitted extensions.
If a request is denied, we will provide the required written explanation and information concerning applicable rights to submit a statement of disagreement.
C. Right to Request Restrictions
You may request limits on certain uses or disclosures of PHI for treatment, payment, or healthcare operations, or certain disclosures to persons involved in care.
We are not generally required to agree to every requested restriction.
However, when an individual pays a healthcare item or service in full out of pocket and requests restriction of disclosure to a health plan for payment or healthcare operations, we must honor that request when HIPAA requires it, subject to legal exceptions.
D. Right to Request Confidential Communications
You may request that we communicate with you through a particular method or at a particular location.
Examples include requesting communication at a designated telephone number or mailing address.
We will accommodate reasonable requests in accordance with applicable law.
E. Right to an Accounting of Disclosures
You may request an accounting of certain disclosures of your PHI made during the applicable accounting period.
Not all disclosures are required to be included, and legal exceptions may apply.
We will respond in accordance with applicable HIPAA and, where relevant, Part 2 requirements.
F. Right to Obtain a Paper or Electronic Copy of This Notice
You may request a copy of this Notice of Privacy Practices at any time.
A copy will be provided upon request and will be available through our website.
G. Right to Choose a Personal Representative
A legally authorized representative may exercise privacy rights on an individual's behalf to the extent permitted by law.
We may require documentation of the representative's legal authority.
H. Right to File a Privacy Complaint
You may file a complaint if you believe your privacy rights have been violated.
Complaints may be submitted to Settle Down ABA's HIPAA Compliance Officer or the U.S. Department of Health and Human Services, Office for Civil Rights.
Settle Down ABA prohibits retaliation against anyone who makes a good-faith privacy complaint or exercises rights protected by HIPAA.
7. Privacy Rights of Children, Parents, and Legal Guardians
Because Settle Down ABA primarily serves children and adolescents, parental participation and lawful personal representative authority are important considerations.
Parents and legal guardians generally may exercise HIPAA rights on behalf of a minor child when authorized under applicable federal and Nevada law.
However, access to certain information may be limited by laws protecting minors' confidentiality, legal consent rights, court orders, or other applicable restrictions.
The Organization will evaluate requests concerning a child's PHI based on the requesting individual's legal authority and applicable privacy requirements.
We may request documentation establishing guardianship, custody, or other relevant authority when necessary.
Information about a child will not be disclosed to an unauthorized individual merely because that person identifies as a relative or caregiver.
8. Communications With Parents, Caregivers, and Other Individuals
Settle Down ABA may communicate with parents, legal guardians, and authorized representatives regarding treatment planning, appointments, progress, billing, and other legitimate healthcare activities.
We may also communicate with individuals involved in a patient's care or payment when permitted under HIPAA and other applicable law.
Disclosures to family members or others involved in care will be made according to the patient's preferences, applicable personal representative authority, professional judgment, and legal requirements.
Requests for restrictions or confidential communications may be directed to the HIPAA Compliance Officer.
9. Electronic Health Records, Secure Communications, and Business Associates
Settle Down ABA uses electronic systems and contracted service providers to support lawful clinical, administrative, scheduling, billing, and communication activities.
These systems may include electronic health records, secure intake platforms, document management, and authorized healthcare communication services.
We may disclose PHI to contractors or business associates performing functions on our behalf when permitted by law and subject to required safeguards and business associate agreements.
PHI will be protected according to applicable HIPAA Privacy and Security Rule requirements.
Ordinary email and SMS messaging may have security limitations. Patients and families are encouraged to use approved secure communication methods for sensitive records and detailed clinical information.
10. Appointment Reminders and Healthcare Communications
We may use or disclose relevant PHI to contact patients, parents, legal guardians, or authorized representatives about:
Scheduled or upcoming appointments.
Appointment confirmations, cancellations, or changes.
Treatment-related instructions.
Reassessments or authorization-related matters.
Available treatment-related services.
Other permissible healthcare communications.
Individuals may request reasonable changes to communication preferences or confidential contact methods.
11. Fundraising, Marketing, and Public Communications
Settle Down ABA will comply with applicable HIPAA restrictions regarding marketing and fundraising communications.
We will obtain authorization when required for marketing uses or disclosures of PHI.
Any permitted fundraising communications using PHI will include required opportunities to opt out, and such requests will be honored as required by law.
We will not publish identifiable patient testimonials, patient images, treatment videos, or clinical details for promotional purposes without obtaining the authorization required by law.
An individual's decision regarding optional marketing authorization will not determine eligibility for medically necessary treatment.
12. Our Responsibilities Under HIPAA
Settle Down ABA Inc. is legally required to:
Maintain the privacy of protected health information.
Implement safeguards required by applicable healthcare privacy and security laws.
Provide individuals with this Notice of Privacy Practices.
Follow the terms of the notice currently in effect.
Respect applicable patient and personal representative rights.
Provide access, amendment, accounting, and other rights procedures as required by law.
Obtain written authorization when required.
Limit certain uses and disclosures to the minimum necessary information when that standard applies.
Notify affected individuals and other required parties following a breach of unsecured PHI when notification is required by law.
Comply with applicable additional federal and state confidentiality restrictions.
We will not use or disclose PHI in a manner inconsistent with applicable law and this notice unless a valid authorization or other lawful basis permits the disclosure.
13. Breach Notification
If a breach of unsecured PHI occurs, Settle Down ABA will investigate and respond according to applicable HIPAA breach notification requirements.
When notification is required, we will notify affected individuals without unreasonable delay and no later than the applicable legal deadline.
We will also notify relevant federal authorities and other parties when required by law.
Individuals who believe that confidential information has been improperly accessed, used, or disclosed should promptly contact the HIPAA Compliance Officer.
14. Additional Federal and Nevada Confidentiality Protections
Settle Down ABA complies with applicable federal and Nevada laws concerning confidentiality, medical records, information security, and mandated reporting.
Certain information may receive greater protection under state law or other federal requirements, including particular mental health, substance use disorder, and minors' records.
When another applicable law provides greater privacy protection than the general HIPAA standard, we will follow the more protective requirement unless otherwise directed by controlling law.
15. Changes to This Notice
Settle Down ABA reserves the right to revise this Notice of Privacy Practices as permitted by law.
A revised notice may apply to PHI already maintained by the Organization as well as information created or received in the future, to the extent permitted by law.
Material revisions will be made available in accordance with applicable HIPAA notice requirements.
The current notice will be available at our clinical locations, upon request, and on our official website.
16. How to Submit Privacy Requests or Complaints
Individuals seeking to exercise HIPAA rights or report privacy concerns may contact the designated officer.
HIPAA Compliance Officer
Dirk S. Ayers
Director of Operations and Client Advocate
Settle Down ABA Inc.
Corporate Office:
1060 Wigwam Parkway
Henderson, Nevada 89074
Telephone: (702) 547-6971
Website: https://www.settledownaba.com
Contact Page: https://www.settledownaba.com/contact
Please contact the office to arrange a secure means of transmitting sensitive health information.
Privacy complaints may also be submitted to:
U.S. Department of Health and Human Services
Office for Civil Rights
Website: https://www.hhs.gov/ocr/complaints/index.html
Settle Down ABA Inc. prohibits retaliation for submitting a complaint or exercising legally protected privacy rights.
17. Availability and Acknowledgment of Notice
This Notice of Privacy Practices will be made available to patients and their authorized representatives as required by HIPAA.
Where applicable, Settle Down ABA will make a good-faith effort to obtain acknowledgment of receipt of the notice at the first delivery of service.
An acknowledgment confirms receipt of the notice and does not constitute an authorization to use or disclose PHI beyond what is otherwise legally permitted.
A refusal or inability to acknowledge receipt will be documented as required by applicable law and organizational procedures.
The Notice will be prominently posted or made available at relevant clinical locations and through the Organization's website.
18. Our Commitment to Patients and Families
Settle Down ABA Inc. believes that protecting the confidentiality and dignity of every patient and family is fundamental to responsible, ethical healthcare.
Our commitment to privacy extends to clinical records, family communications, individualized treatment planning, and information entrusted to our workforce.
We strive to maintain a respectful, compassionate, secure, and professionally accountable treatment environment.
This commitment reflects our organizational values:
Acceptance • Compassion • Excellence • Integrity • Respect • Safety
SETTLE DOWN ABA INC.
Notice of Privacy Practices
Effective Date: October 9, 2026
HIPAA Compliance Officer: Dirk S. Ayers
Director of Operations and Client Advocate
Telephone: (702) 547-6971
Website: www.settledownaba.com
© 2026 Settle Down ABA Inc. All Rights Reserved.
Settle Down ABA Inc.