Upheal will inform you if a subpoena is received that affects the data of your clients. Under the HIPAA Privacy Rule, the use and disclosure of psychotherapy notes (PNs) is strictly protected. PNs are notes recorded, in any medium, by the therapist, that document or analyze the contents of conversation during a session. Therapists must obtain consent from their clients for any use or disclosure of PNs. On the Upheal platform, process notes are classified as psychotherapy notes and are kept separately to safeguard subpoenas.

Other data that therapists generate on the Upheal platform from sessions are psychotherapy records (PRs). PRs include start and end times, summaries of symptoms, diagnosis, prognosis, functional status or treatment plans, and progress. In comparison to PNs, under HIPAA, PRs can be released to the requestor without the client’s written authorization. Psychotherapy records are not directly generated by Upheal but if you use the notes function in the platform to create any summaries or records as stated above, this data may be classified as PRs.
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​Psychotherapy notes
​- Transcripts
- Recordings
- Generated Insights (summaries, analytics)

- Process notes - notes created by a therapist from the insights generated by Upheal, also referred to as “private notes”

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​Psychotherapy records
​- Progress notes generated by Upheal and then edited by the therapist