Empathia Policy on Confidentiality of Records & Information

Mandatory Reporting

Empathia operates a variety of assistance programs, including but not limited to Employee Assistance Programs, Member Assistance Programs, and Student Support Programs (referred to as "Program(s)"). The Programs are governed by federal and state statutes that may mandate the reporting of certain situations that, in the judgment of a Program professional, pose risks of grave physical or emotional harm to one or more persons. The following situations, if brought to the attention of a Program, may require reporting to a designated authority or otherwise permit breach of confidentiality for purposes of safeguarding persons:

• Probable or imminent risk of suicide.
• Probable or imminent risk of homicide or grave physical harm to another person.
• Possible abuse or neglect of a child or vulnerable adult.
• Probable threat to national security.

Like other mandatory reporters (e.g., teachers, physicians, psychologists, etc.), Program professionals are required to comply with these provisions. In cases of suspected abuse or neglect of a child or vulnerable adult, Empathia will first contact the authorized government social service agency and present the situation in question in a hypothetical fashion. If the authorized agency determines that the situation in question is reportable, then Empathia will disclose information (including the identity of the persons receiving services, referred to as the "Covered Person") as required by law.

Confidentiality in Relation to Client

Even when Covered Person confidentiality is disclosed due to imminent threat of suicide or homicide, or because of the possibility of abuse or neglect of a child or vulnerable adult, or any other legally-mandated cause, Covered Person records are not shared with the entity under contract with Empathia (the "Client") unless specifically requested by the Covered Person in conjunction with a Consent to Disclose document signed by the Covered Person. When applicable law mandates disclosure of Covered Person information, such disclosure shall be made only to the extent necessary to comply with the law, and does not extend to the Client absent consent of the Covered Person unless notification of the Client is necessary to prevent grave physical harm to the Covered Person or others is required by applicable law.

Confidentiality in Formal Client Referrals to the Program

When a Client representative makes a performance-based referral of a Covered Person to a Program and requests feedback regarding Covered Person compliance, Empathia will make reasonable efforts to obtain an authorization from that referred Covered Person permitting disclosure of pertinent information to an appropriate Client representative. If the referred Covered Person refuses to consent to such an authorization, the Program will not disclose information to the referring Client representative except as allowed or permitted in other sections of this Policy.

Confidentiality in Relation to External Requests for Information

If any person or entity solicits Program Covered Person information or requests to know the identity of persons using the Program, Empathia will not disclose any such information nor acknowledge any Covered Person's use of the Program without an authorization from the Covered Person in question, or unless compelled to do so by applicable law.

Confidentiality in Personal Data

Personal data collected through the short code/SMS program will not be shared, sold or rented to unaffiliated or affiliated third parties for their own marketing purposes.

Last updated: September 4, 2026