HIPAA

 

 

NOTICE OF PRIVACY PRACTICES

 

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

If you have any questions about this notice, please contact Viora Health Inc. at support@viorahealth.com.

WHO WILL FOLLOW THIS NOTICE

This notice describes Viora Health’s privacy practices.

Viora Health, Inc. (“Viora”) provides you with health care by working with health coaches and other health care providers (referred to as “we,” “our,” or “us”) when you apply for or participate in the Viora Program (the “Services”). This is a joint notice of our information privacy practices (“Notice”). The following people or groups will follow this Notice:

  • Any health care provider who provides services to you at or from Viora’s locations. These professionals include health coaches and others;
  • All departments and units of our organization, including mobile units; and
  • Our employees, contractors, and volunteers, including regional support offices and affiliates. These entities, sites, and locations may share medical information with each other for treatment, payment, or health care operations purposes described in this Notice. In addition, we also use and share your information for other reasons as allowed and required by law. If you have any questions about this Notice, please see our contact information on the last page of this Notice.

 

OUR PLEDGE REGARDING MEDICAL INFORMATION

We understand that confidential medical information about you (“you” or “your” used throughout refers to the patient) and your health is personal.  We are committed to protecting medical information about you.  We create a record of the care and services you receive.  We need this record to provide you with quality care and to comply with certain legal requirements.  This notice applies to all of the records received, used or disclosed by Viora Health.  Non-Viora health providers may have different policies or notices regarding their uses and disclosures of your medical information.

This notice will tell you about the ways in which Viora Health may use or disclose medical information about you.  We also describe your rights and certain obligations we have regarding the use and disclosure of medical information.

We are required by law to:

  • Make sure that medical information that identifies you is kept private (with certain exceptions);
  • Give you this notice of our legal duties and privacy practices with respect to medical information about you; and
  • Follow the terms of the notice that is currently in effect.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU

The following categories describe different ways that we use and disclose medical information.  For each category of uses or disclosures we will explain what we mean and try to give some examples.  Not every use or disclosure in a category will be listed.  However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

This section of our Notice tells how we may use PHI about you. We will protect PHI as much as we can under the law. Sometimes state law gives more protection to PHI than federal law. Sometimes federal law gives more protection than state law. In each case, we will apply the laws that protect PHI the most.

We are required to maintain the confidentiality of your PHI, and we have policies and procedures and other safeguards to help protect your PHI from improper use and disclosure. The following categories describe different ways that we use your PHI within Viora and disclose your PHI to persons and entities outside of Viora. We have not listed every use or disclosure within the categories below, but all permitted uses and disclosures will fall within one of the following categories. In addition, there are some uses and disclosures that will require your specific authorization.

How much PHI may legally be used or disclosed without your written permission will vary depending, for example, on the intended purpose of the use or disclosure. Sometimes we may only need to use or disclose a limited amount of PHI, such as to send you a reminder or to confirm your health insurance coverage. At other times, we may need to use or disclose more PHI such as when a doctor is providing medical treatment.

FOR TREATMENT

We may use medical information about you to provide you with health care coordination and health management services.  Our communications to you may be by telephone, cell phone, email, or mail. For example, we may use your information to facilitate appointment scheduling with your provider.  We may disclose medical information about you to healthcare providers who are involved in taking care of you.  We may also disclose medical information about you to people outside Viora Health who may be involved in your continued care, such as a disease management or prevention program.

FOR PAYMENT

We may use and disclose medical information about you so that the services you receive may be billed and payment collected from you, an insurance company or a third party, if applicable.  For example, we may need information about your treatment history to facilitate benefits claims.

FOR HEALTH CARE OPERATIONS

We may use or disclose your health care information for health care operations. For example, we may use your information to determine the quality of care you received from one of our partners.  If the activities require disclosure outside of our organization we will request your authorization before disclosing that information.

SPECIAL SITUATIONS DISCLOSURE AT YOUR REQUEST

We may disclose information when requested by you.  This disclosure at your request may require a written authorization from you.

TO INDIVIDUALS INVOLVED IN YOUR CARE OR PAYMENT FOR YOUR CARE

We may release medical information about you to a friend or family member who is involved in your medical care.  We may also give information to someone who helps pay for your care.

In addition, we may disclose medical information about you to an organization assisting in a disaster relief effort so that your family can be notified about your condition, status and location.

AS REQUIRED BY LAW

We will disclose medical information about you when required to do so by federal, state or local law.

TO AVERT A SERIOUS THREAT TO HEALTH OR SAFETY

We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.  Any disclosure, however, would only be to someone able to help prevent the threat.

APPOINTMENT REMINDERS

We may use and disclose medical information to contact you as a reminder that you have an appointment for care.

ATTENDANCE REMINDERS

We may use and disclose medical information to contact you to remind you about your attendance obligations.

PREVENTATIVE HEALTH AND HEALTH-RELATED BENEFITS AND SERVICES

We may use and disclose medical information to tell you about changes or lifestyle options or alternatives that may be of interest to you.  We may also use and disclose medical information to tell you about health-related benefits or services that may be of interest to you.

VICTIMS OF ABUSE, NEGLECT, OR VIOLENCE

We may disclose your information to a government authority authorized by law to receive reports or abuse, neglect, or violence relating to children or the elderly.

MILITARY AND VETERANS

If you are a member of the armed forces, we may release medical information about you as required by military command authorities.  We may also release medical information about foreign military personnel to the appropriate foreign military authority.

WORKERS’ COMPENSATION

We may release medical information about you for workers’ compensation or similar programs.  These programs provide benefits for work-related injuries or illness.

PUBLIC HEALTH ACTIVITIES

We may disclose medical information about you for public health activities.  These activities generally include the following:

  • To prevent or control disease, injury or disability;
  • To report births and deaths;
  • To report regarding the abuse or neglect of children, elders and dependent adults;
  • To report reactions to medications or problems with products;
  • To notify people of recalls of products they may be using;
  • To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
  • To notify the appropriate government authority if we believe a patient has been the victim of abuse, neglect or domestic violence.  We will only make this disclosure if you agree or when required or authorized by law;
  • To notify emergency response employees regarding possible exposure to HIV/AIDS, to the extent necessary to comply with state and federal laws.

HEALTH OVERSIGHT ACTIVITIES

We may disclose medical information to a health oversight agency for activities authorized by law.  These oversight activities include, for example, audits, investigations, inspections, and licensure.  These activities are necessary for the government to monitor the health care system, government programs and compliance with civil rights laws.  We will only make this disclosure if you agree or when required or authorized by law.

LAWSUITS AND DISPUTES

If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order.  We may also disclose medical information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request (which may include written notice to you) or to obtain an order protecting the information requested.

LAW ENFORCEMENT

We may release medical information if asked to do so by a law enforcement official:

  • In response to a court order, subpoena, warrant, summons or similar process;
  • To identify or locate a suspect, fugitive, material witness, or missing person;
  • About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement;
  • About a death we believe may be the result of criminal conduct;
  • About criminal conduct at the hospital; and
  • In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.

CORONERS, MEDICAL EXAMINERS AND FUNERAL DIRECTORS

We may release medical information to a coroner or medical examiner.  This may be necessary, for example, to identify a deceased person or determine the cause of death.

NATIONAL SECURITY AND INTELLIGENCE ACTIVITIES

We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

PROTECTIVE SERVICES FOR THE PRESIDENT AND OTHERS

We may disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.

INMATES

If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may disclose medical information about you to the correctional institution or law enforcement official.  This disclosure would be necessary 1) for the institution to provide you with health care; 2) to protect your health and safety or the health and safety of others; or 3) for the safety and security of the correctional institution.

 

MULTIDISCIPLINARY PERSONNEL TEAMS

We may disclose health information to a multidisciplinary personnel team relevant to the prevention, identification, management or treatment of an abused child and the child’s parents, or elder abuse and neglect.

MARKETING AND SALE

Most uses and disclosures of medical information for marketing purposes, and disclosures that constitute a sale of medical information, require your authorization.  Viora Health will not disclose your health information for marketing or sale purposes without obtaining your authorization.

FUNDRAISING ACTIVITIES

You may want to make contributions to support the services we provide.  You have the right to opt out of receiving fundraising communications.  If you receive a fundraising communication, it will tell you how to opt out.

SPECIAL CATEGORIES OF INFORMATION

In some circumstances, your health information may be subject to restrictions that may limit or preclude some uses or disclosures described in this notice.  For example, there are special restrictions on the use or disclosure of certain categories of information — e.g., tests for HIV or treatment for mental health conditions or alcohol and drug abuse.  Government health benefit programs, such as Medi-Cal, may also limit the disclosure of beneficiary information for purposes unrelated to the program.

YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU

You have the following rights regarding medical information we maintain about you.

RIGHT TO INSPECT AND COPY

You have the right to inspect and obtain a copy of medical information that may be used to make decisions about your care.  Usually, this includes medical and billing records, but may not include some mental health information.

To inspect and obtain a copy of medical information that may be used to make decisions about you, you must submit your request in writing to support@viorahealth.com. You have the right to request that the copy be provided in an electronic form or format (e.g., a PDF saved on a compact disk) if the information is readily producible in an electronic form or format.  We may charge a fee for the costs of copying, mailing or other supplies associated with your request.

We may deny your request to inspect and obtain a copy in certain very limited circumstances.  If you are denied access to medical information, you may request that the denial be reviewed.  A licensed health care professional chosen by us will review your request and the denial.  The person conducting the review will not be the person who denied your request.  We will comply with the outcome of the review.

RIGHT TO AMEND

If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information.  You have the right to request an amendment for as long as the information is kept by or for Viora Health.

To request an amendment, your request must be made in writing and submitted to support@viorahealth.com In addition, you must provide a reason that supports your request.

We may deny your request for an amendment if it is not in writing or does not include a reason to support the request.  In addition, we may deny your request if you ask us to amend information that:

  • Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
  • Is not part of the medical information kept by or for Viora Health;
  • Is not part of the information which you would be permitted to inspect and copy; or
  • Is accurate and complete.

RIGHT TO AN ACCOUNTING OF DISCLOSURES

You have the right to request an “accounting of disclosures.”  This is a list of the disclosures we made of medical information about you other than our own uses for treatment, payment and health care operations (as those functions are described above), and with other exceptions pursuant to the law.

To request this list or accounting of disclosures, you must submit your request in writing to support@viorahealth.com  Your request must state a time period which may not be longer than six years and may not include dates before January , 30 2018  Your request should indicate in what form you want the list (for example, on paper or electronically).  The first list you request within a 12-month period will be free.  For additional lists, we may charge you for the costs of providing the list.  We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

SITUATIONS REQUIRING YOUR WRITTEN AUTHORIZATION

If there are reasons we need to use your PHI that have not been described in the sections above, we will obtain your written permission. This permission is described as a written “authorization.” If you authorize us to use or disclose PHI about you, you may revoke that authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose PHI about you for the reasons stated in your written authorization, except to the extent we have already acted in reliance on your authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and we are required to retain our records of the care we provide to you. Some typical disclosures that require your authorization are:

  • Special categories of treatment information. In most cases, federal or state law requires your written authorization or the written authorization of your representative for disclosures of drug and alcohol abuse treatment, Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) test results, and mental health treatment.
  • Research involving your treatment. When a research study involves your treatment, we may disclose your PHI to researchers only after you have signed a specific written authorization. In addition, an Institutional Review Board (IRB) will already have reviewed the research proposal, established appropriate procedures to ensure the privacy of your PHI and approved the research. You do not have to sign the authorization, but if you refuse you cannot be part of the research study and may be denied research-related treatment.
  • Fundraising activities. We may use demographic information and your dates of service for our own fundraising purposes, otherwise we will obtain your authorization. You may revoke any authorization at any time, in writing, but only as to future uses or disclosures, and only if we have not already acted in reliance on a previous authorization from you. If you do not want us to contact you for fundraising efforts, you must notify us in writing at the address listed at the end of this Notice.
  • We must also obtain your written authorization (“Your Marketing Authorization”) prior to using your PHI to send you any marketing materials. We can, however, provide you with marketing materials in a face-to-face encounter without obtaining Your Marketing Authorization. We are also permitted to give you a promotional gift of nominal value, if we so choose, without obtaining Your Marketing Authorization. In addition, we may communicate with you about products or services relating to your treatment, case management or care coordination, or alternative treatments, therapies, providers or care settings without Your Marketing Authorization. If we receive any direct or indirect payment for making such a communication, however, we would need your prior written permission to contact you. The only exceptions for seeking such permission are when our communication (i) describes only a drug or medication that is currently being prescribed for you and our payment for the communication is reasonable in amount; or (ii) is made by one of our business partners consistent with our written agreement with the business partner.

RIGHT TO REQUEST RESTRICTIONS

You have the right to request a restriction or limitation on the medical information we use or disclose about you for services, payment or health care operations.  You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend.  For example, you could ask that we not use or disclose information about an evaluation you had.

We are not required to agree to your request, except to the extent that you request us to restrict disclosure to a health plan or insurer for payment or health care operations purposes if you, or someone else on your behalf (other than the health plan or insurer), has paid for the item or service out of pocket in full.  Even if you request this special restriction, we can disclose the information to a health plan or insurer for purposes of treating you.

If we agree to another special restriction, we will comply with your request unless the information is needed to provide you emergency treatment.

To request restrictions, you must make your request in writing to support@viorahealth.com In your request, you must tell us 1) what information you want to limit; 2) whether you want to limit our use, disclosure or both; and 3) to whom you want the limits to apply, for example, disclosures to your spouse.

RIGHT TO REQUEST CONFIDENTIAL COMMUNICATIONS

You have the right to request that we communicate with you about medical matters in a certain way or at a certain location.  For example, you can ask that we only contact you at home or by telephone.

To request confidential communications, you must make your request in writing to support@viorahealth.com. We will not ask you the reason for your request.  We will accommodate all reasonable requests.  Your request must specify how or where you wish to be contacted.

You may obtain an electronic copy of this notice at our website: www.viorahealth.com

MINIMUM NECESSARY

To the extent required by law, when using or disclosing your PHI or when requesting your protected health information from another covered entity, we will make reasonable efforts not to use, disclose, or request more than the minimum amount of protected health information necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations.

NOTIFICATION OF A BREACH

Viora Health will notify you as required by law following a breach of your unsecured protected health information.

CHANGES TO THIS NOTICE

We reserve the right to change this notice.  We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future.  The notice will contain the effective date on the first page, in the top right-hand corner.  In addition, each time you use our services, we will offer you a copy of the current notice in effect.

CONCERNS OR COMPLAINTS

If you believe your privacy rights have been violated, you may file a complaint with Viora Health or the Secretary of the Federal Department of Health and Human Services.  All complaints must be submitted in writing.  You will not be penalized for filing a complaint.

To file a complaint with Viora Health, contact: support@viorahealth.com

To file a complaint with the Department of Health and Human Services, contact:  Office for Civil Rights, U.S. Department of Health and Human Services, 200 Independence Ave., S.W., Washington, D.C. 20201, or visit the Office for Civil Rights website to file a complaint electronically: http://www.hhs.gov/ocr/filing-with-ocr/index.html.

OTHER USES OF MEDICAL INFORMATION

Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written permission.  If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time.  If you revoke your permission, this will stop any further use or disclosure of your medical information for the purposes covered by your written authorization, except if we have already acted in reliance on your permission.  You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you.

 

 

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