HIPPA Policy 

POLICIES

Notice of HIPAA Privacy Practice

‍Last Modified: Aug 2, 2022 5:55pm EST

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

We are required by law to protect the privacy of health information that may reveal your identity, and to provide you with a copy of this notice, which describes the health information privacy practices of our wellness and health group, any team based medical staff and affiliated health care providers who jointly perform health care services with our company (Radect Health), including physicians and physician groups who provide services that have access to your health records and RADECT software. You will also be able to obtain your own copies by accessing our website at www.radect.us or emailing the Privacy Officer: Yeshaya Koblick at info@radect.us.‍

‍If you have any questions about this notice or would like further information, please contact the above referenced individual.‍

‍WHAT WELLNESS AND HEALTH INFORMATION IS PROTECTED‍

We are committed to protecting the privacy of information we gather about you while providing wellness and health-related services. Some examples of protected wellness and health information include information indicating that you are a member of our wellness and health group or receiving wellness and health-related services online through our RADECT software, by any wellness or health practitioner part of RADECT, information about your financial, wellness and health condition, each when combined with identifying information, such as your name, address, social security number or phone number.

RADECT wellness, health, and financial practitioners have access based on what member’s allow, and continue to be assigned to your health and financial records for a designated amount of time within 30 days after removal of designation to see your records using the RADECT software.

‍REQUIREMENT FOR WRITTEN AUTHORIZATION‍

Oftentimes, we will obtain your written or electronic authorization before using your health information or sharing it with others outside of our wellness and health group. The following situations are where we must obtain your written authorization before using your health information or sharing it:

  • Most Uses of Psychotherapy Notes: when appropriate.

  • Marketing: We will not disclose any of your wellness and health information for marketing purposes if our wellness and health group will receive direct or indirect financial payment not reasonably related to our wellness and health group’s cost of making the communication.

  • Sale of Protected Health Information: We will not sell your protected wellness, financial, and health information to third parties. The sale of protected health information, however, does not include a disclosure for public wellness and health purposes, for research purposes where our wellness and health group will only receive payment for our costs to prepare and transmit the wellness and health information, for treatment and payment purposes, for the sale, transfer, merger or consolidation of all or part of our wellness and health group, for a business associate or its subcontractor to perform wellness and health care functions on our wellness and health group’s behalf, or for other purposes as required and permitted by law.

 

REVOKING WRITTEN AUTHORIZATION‍

If you provide us with written authorization, you may revoke that written authorization at any time, except to the extent that we have already relied upon it. To revoke a written authorization, please write to the Privacy Officer at RADECT. You may also initiate the transfer of your records to another person by completing a written authorization form.

 

RADECT SOFTWARE PRIVACY INFORMATION

All information will be collected in the RADECT software online by yourself and who you designate as being authorized to see your records. All designates authorized by you will have signed agreeing to your privacy. The RADECT software is a web app. The RADECT software is encrypted that is password protected you set. The RADECT software is located through online through a web portal and is encrypted. You should not provide to anyone your password. The RADECT software collects diverse information including useful for primary care, social work, yoga and fitness, physical therapy, and financial planning.

BREACH OF DATA

If such a breach happens, RADECT will notify you by email and text if appropriate, and change your password. RADECT has taken measures that identifiers are separated from other information in the records, which are both encrypted. RADECT will investigate every breach and make changes to security protocol that best addresses the type of security. RADECT if notified of a breach by handing password to someone else by improper means or through accident, RADECT will review and lock out the people that breached and have you create a new password. RADECT will review the cause of the breach and make efforts to keep any breach in the future from recurring. This could include RADECT will generally have questions of any explanation how the breach occurred, IP address location when sign in if not in location, we will ask if you are in that location of the IP server, and if we feel any issues with the account has occurred by information added that was improper or sign in times were misaligned, we will ask you to review the information periodically during log in or by email. RADECT will ask for reset of passwords every 4 months.

‍HOW WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION WITHOUT YOUR WRITTEN AUTHORIZATION‍

There are some situations when we do not need your written authorization before using your wellness and health information or sharing it with others, including:‍

Treatment, Payment and Health Care Operations.

  • Wellness and Health Treatment: We may share your wellness and health information with providers who are involved in taking care of you after you accept them as designates on the RADECT software as part of the RADECT wellness and health group, and they may in turn use that information to diagnose or treat you. A provider in our wellness and health group may share your health information with another provider to determine how to diagnose or treat you upon permission by yourself and that provider to be authorized a designate to review and input into your RADECT records. Your provider may also share your health information with another provider to whom you have been referred for further health care upon permission and that provider to be authorized a designate to review and input into your RADECT records.

  • Payment: We may use your health information or share it with others if they are a designate to review and input into your RADECT records so that we may obtain payment for your health care services. For example, we may share information about you with your health insurance company in order to obtain reimbursement after we have treated you. In some cases, we may share information about you with your health insurance company to determine whether it will cover your treatment.  

  • Wellness and Health Care Operations: We may use your wellness and health information or share it with others in order to conduct our business operations.  For example, we may use your health information to evaluate the performance of our staff in caring for you, or to educate our staff on how to improve the care they provide for you. This information would be de-identified (see de-identifiers).

‍Appointment Reminders, Treatment Alternatives, Benefits and Services. In the course of providing treatment to you, we may use your wellness and health information to contact you with a reminder for health management. This includes for treatment, yoga online classes, missing orders such as not completing tasks or filling out forms, feedback and assessments, services or refills or in order to recommend possible treatment alternatives or wellness and health-related benefits and services that may be of interest to you only. Notifications or DMs will only be posted in the RADECT software and notify that there is an outstanding message in the RADECT software to be read by email or other means.

‍Business Associates. We may disclose your name and contact information to contractors or associates of RADECT who need the information in order to assist us with obtaining payment or carrying out our business operations. Contractors are required by law to abide by HIPAA regulations. If we do disclose your contact information to a business associate or contractor, we will have a written contract to ensure that our business associate also protects the privacy of your contact information.

‍Friends and Family Designated to be Involved in Your Care. If you have not voiced an objection, we may share your health information with a family member, relative, or close personal friend or caregiver who is involved in your care or payment for your care, including following your death, if you agree to designate for the RADECT software to review and input into your wellness and health records. We can separately allow for financial information, e.g., cost goals for moving into an independent living facility or assets to use in case of need for nursing home.

‍Emergencies or Public Need.

  • Emergencies or as Required by Law: We may use or disclose your wellness and health information if you need emergency treatment or if we are required by law to treat you. We may use or disclose your wellness and health information if we are required by law to do so, and we will notify you of these uses and disclosures if notice is required by law.

  • Public Health Activities: We may disclose your health information to authorized public health officials (or a foreign government agency collaborating with such officials) so they may carry out their public health activities under law, such as controlling disease or public health hazards. We may also disclose your health information to a person who may have been exposed to a communicable disease or be at risk for contracting or spreading the disease if permitted by law. 

  • Victims of Abuse, Neglect or Domestic Violence: We may release your health information to a public health authority authorized to receive reports of abuse, neglect or domestic violence.

  • Wellness and Health Health Oversight Activities: We may release your health information to government agencies authorized to conduct audits, investigations, and inspections of our wellness and health group records. These government agencies monitor the operation of the health care system, government benefit programs such as Medicare and Medicaid, and compliance with government regulatory programs and civil rights laws.

  • Lawsuits and Disputes: We may disclose your health information if we are ordered to do so by a court or administrative tribunal that is handling a lawsuit or other dispute. We may also disclose your information in response to a subpoena, discovery request, or other lawful request by someone else involved in the dispute, but only if required judicial or other approval or necessary authorization is obtained.

  • Law Enforcement: We may disclose your health information to law enforcement officials for certain reasons, such as complying with court orders, assisting in the identification of fugitives or the location of missing persons, if we suspect that your death resulted from a crime, or if necessary, to report a crime that occurred on our property or off-site in a medical emergency.

  • To Avert a Serious and Imminent Threat to Health or Safety: We may use your health information or share it with others when necessary to prevent a serious and imminent threat to your health or safety, or the health or safety of another person or the public.  In such cases, we will only share your information with someone able to help prevent the threat. We may also disclose your health information to law enforcement officers if you tell us that you participated in a violent crime that may have caused serious physical harm to another person (unless you admitted that fact while in counseling), or if we determine that you escaped from lawful custody (such as a prison or mental health institution).

  • National Security and Intelligence Activities or Protective Services: We may disclose your health information to authorized federal officials who are conducting national security and intelligence activities or providing protective services to the President or other important officials.

  • Military and Veterans: If you are in the Armed Forces, we may disclose health information about you to appropriate military command authorities for activities they deem necessary to carry out their military mission.  We may also release health information about foreign military personnel to the appropriate foreign military authority.

  • Inmates and Correctional Institutions: If you are an inmate or you are detained by a law enforcement officer, we may disclose your health information to the prison officers or law enforcement officers if necessary to provide you with health care, or to maintain safety, security and good order at the place where you are confined. This includes sharing information that is necessary to protect the health and safety of other inmates or persons involved in supervising or transporting inmates.

Completely De-identified or Partially De-identified Information: We may use and disclose your wellness and health information if we have removed any information that has the potential to identify you so that the wellness and health information is “completely de-identified.”  We may also use and disclose “partially de-identified” health information about you if the person who will receive the information signs an agreement to protect the privacy of the information as required by federal and state law. Partially de-identified health information will not contain any information that would directly identify you (such as your name, street address, social security number, phone number, fax number, electronic mail address, website address, or license number).

Incidental Disclosures: While we will take reasonable steps to safeguard the privacy of your health information, certain disclosures of your wellness and health information may occur during or as an unavoidable result of our otherwise permissible uses or disclosures of your health information, e.g., someone seeing your computer screen when using the RADECT software. We advise members to use the RADECT software in secure areas or non-public places.

Fundraising: We may use or disclose your demographic information, including, name, address, other contact information, age, gender, and date of birth, dates of health service information, department of service information, treating physician, outcome information, and health insurance status for fundraising purposes. With each fundraising communication made to you, you will have the opportunity to opt-out of receiving any further fundraising communications. We will also provide you with an opportunity to opt back in to receive such communications if you should choose to do so.

Changes to This Notice: We reserve the right to change this notice at any time and to make the revised or changed notice effective in the future.

YOUR RIGHTS TO ACCESS AND CONTROL YOUR HEALTH INFORMATION

You have the following rights to access and control your health information:

  1. Right to Inspect and Copy Records: You have the right to inspect and obtain a copy of any of your wellness and health information that may be used to make decisions about you and your treatment for as long as we maintain this information in our RADECT software records. If you would like an electronic copy of your wellness health information, we will provide you a copy in electronic form and format as requested as long as we can readily produce such information in the form requested. Otherwise, we will cooperate with you to provide a readable electronic form and format as agreed. In some limited circumstances, we may deny the request.

  2. Right to Amend Records. If you believe that the health information we have about you is incorrect or incomplete, you may ask us to amend the information for as long as the information is kept in our records by writing to us. Your request should include the reasons why you think we should make the amendment. If we deny any part of or your entire request, we will provide a written notice that explains our reasons for doing so. You will have the right to have certain information related to your requested amendment included in your records.

  3. Right to Receive Notification of a Breach: You have the right to be notified within sixty (60) days of the discovery of a breach of your unsecured protected health information if there is more than a low probability the information has been compromised. The notice will include a description of what happened, including the date, the type of information involved in the breach, steps you should take to protect yourself from potential harm, a brief description of the investigation into the breach, mitigation of harm to you and protection against further breaches and contact procedures to answer your questions.

Right to Request Restrictions: You have the right to request that we further restrict the way we use and disclose your wellness and health information to treat your condition, collect payment for that treatment, run our normal business operations or disclose information about you to family or friends involved in your care, as used in the RADECT software. You also have the right to request that your wellness health information not be disclosed to a health plan if you have paid for the services out of pocket and in full, and the disclosure is not otherwise required by law. The request for restriction will only be applicable to that particular service. You will have to request a restriction for each service thereafter. To request restrictions, please write to the Privacy Officer. We are not required to agree to your request for a restriction, and in some cases the restriction you request may not be permitted under law. However, if we do agree, we will be bound by our agreement unless the information is needed to provide you with emergency treatment or comply with the law. Once we have agreed to a restriction, you have the

  1. Right to revoke the restriction at any time. Under some circumstances, we will also have the right to revoke the restriction as long as we notify you before doing so.

  2. Right to Request Confidential Communications: We will only contact you with confidential information within our RADECT software that is password protected.

  3. Right to File a Complaint: If you believe your privacy rights have been violated, you may file a complaint with us by contacting the Privacy Officer or with the Secretary of the Department of Health and Human Services.

  4. Mental Health Information: Any information that is mental health will have the option of a third password and sign in for only specific delegates authorized to see the information if you so choose. They can allow certain mental health information to be shown to other designated authorized user to more generalized information.

  5. Use and Disclosures Where Special Protections May Apply: Some kinds of information, such HIV information and genetic information, are considered so sensitive that state or federal laws provide special protections for them. Therefore, some parts of this general Notice of Privacy Practices may not apply to these types of information. If you have questions or concerns about the ways these types of information may be used or disclosed, please speak with your health care provider.