NOTICE OF PRIVACY PRACTICES FOR FlexCare.
This notice describes how personal information and health information (PHI) about you may be used, how it may be disclosed and how you can obtain access to this information. This page will serve as a summary of your privacy rights. The law (45 CFR Part 160 and Part 164, Subparts A and E) requires that your PHI be kept private. We must give you this Notice about our privacy practices and follow the terms of this Notice while it is in effect. Your use of FlexCare's Services indicates your acceptance of the terms of this Notice.
FlexCare is engaged in the business of providing internet healthcare resources to connect individuals with physicians, licensed therapists and other licensed healthcare practitioners in real time, via live streaming video, telephone and/or secure e-mail for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services (the “Services”).
II. INFORMATION THAT MAY BE COLLECTED
In order to use the Services, you are asked to enter an e-mail address and password, which we refer to as your FlexCare ID or credentials. After you create your ID, you can use the same credentials to log in to FlexCare's website and utilize the Services. This log in process will allow you to manage your account, it will allow you to search physicians, make appointments, attend appointments, etc.
The first time you log in to FlexCare's website to utilize the Services, you will be asked to create an account also known as your profile. To create an account, you must provide personal information such as name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data that will be available for you to share with your Provider.
FlexCare creates a record of the care and services you receive. Some examples of the information collected or created through this process are video and/or audio files associated with all consultations, electronic medical records that may be uploaded or created as a result of treatment, and medical test results.
For certain services, such as for subscription, health sessions and monitoring services, we will collect credit card or billing/payment account information which we maintain in encrypted form on secure servers.
In order to participate in the Services, you will need to provide Personal Health Information about yourself to either FlexCare or the Providers. Here are examples of the types of Personal Health Information we gather:
III. HOW INFORMATION ABOUT YOU MAY BE USED BY FlexCare
FlexCare may gather PHI primarily to share with Providers for the purposes of diagnosis, treatment, and health care operations. However, in limited circumstances FlexCare may use de-identified, non-personal information for statistical analysis, improvement of the Services, and customization of web design and content layout.
Uses and Disclosures of PHI
FlexCare is permitted to use and disclose your PHI for purposes of (i) Treatment, (ii) Payment, and (iii) Health Care Operations as follows:
For Treatment. FlexCare may use or disclose your PHI to facilitate treatment or the provision of health care services to a Provider for purposes of a consultation or in connection with the provision of follow-up treatment. FlexCare may share your PHI with doctors, nurses, technicians, students or other FlexCare workers. For example, departments may share your PHI to plan your care. This may include prescriptions, lab work, and x-rays. FlexCare may share your PHI with people not at FlexCare including, but not limited to, referring physicians and home health care nurses who are treating you or providing follow-up care.
For Payment. FlexCare may use and disclose your PHI with others who help pay for your care such as health insurers or health plans in connection with the processing and payments of claims and other charges.
For Health Care Operations. FlexCare may use and disclose your PHI for its health care operations. These uses and disclosures help us run our programs and make sure FlexCare's patients receive quality care. For example, FlexCare may use PHI to review the treatment and provision services. FlexCare may use PHI to measure the performance of its staff and how they care for you. FlexCare may share PHI with third parties who FlexCare engages to provide various services for FlexCare and you such as doctors, nurses, technicians, students, and other health care workers for educational purposes. If any such third party requires access to your PHI in order to perform the agreed upon services, FlexCare will require that third party be bound to the terms outlined in this Privacy Notice.
Business Associates. FlexCare may contract with outside businesses to provide some services. For example, FlexCare may use the services of transcription, laboratories or collection agencies. Each contracted party must enter into a Business Associate agreement with FlexCare, which requires said third party businesses to protect PHI that is shared with them in accordance with the restrictions outlined in this Privacy Notice. Furthermore, PHI will only be provided to third party businesses for the limited scope of performing required services to help facilitate treatment, payment, and health care operations to you.
For Appointment Reminders. FlexCare may contact you to remind you about your appointment for medical care.
Treatment Alternatives. FlexCare may use and disclose PHI to tell you about different types of treatment available to you. FlexCare may use and share PHI to tell you about other benefits and services related to your health.
Authorization. FlexCare is permitted to use and disclose your PHI upon your written authorization, submitted on our form which will be provided to you upon request, to the extent that such use or disclosure is consistent with your authorization. Your written authorization is required for the release of any psychotherapy notes, marketing to you of any products or services not related to you care or treatment, or the sale of any information that is not de-identified. Please note that you may revoke or limit any such authorization at any time. FlexCare cannot take back any disclosures we have already made with your permission. FlexCare is required to keep records of the care that we provided to you. Be assured that any uses or disclosures not described in this notice will require your written authorization.
People Involved In Your Care. With your permission, FlexCare may share your PHI with a family member or friend who helps with your medical care. We may share your PHI with a group helping with disaster relief efforts. We do this so your family can be told about your location and condition. If you are not present or able to say no, we may use our judgment to decide if sharing your PHI is in your best interest.
Research. In support of telemedicine and ehealth initiatives, FlexCare may use and disclose your PHI for research. FlexCare will only use and disclose information for research if FlexCare receives your written consent, or if a review committee that meets Federal standards says FlexCare does not need your consent.
Genetic Information. FlexCare does not collect or use genetic information. FlexCare does not use genetic information for underwriting and related purposes.
Fundraising Activities. FlexCare will not disclose your individual PHI for fundraising activities without your written authorization.
As Required By Law. FlexCare may use and disclose your PHI when required to do so by federal, state or local law.
To Prevent A Serious Threat To Health Or Safety. FlexCare may use and disclose your PHI to prevent a serious threat to your health and safety and that of others. FlexCare will only disclose your PHI with persons who can help prevent the threat.
Testimonials. We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name.
How FlexCare May Use and Disclose PHI - Special Situations
Military. If you are in the U.S. or foreign armed services, FlexCare may share your PHI as required by the proper military authorities.
Workers' Compensation. FlexCare may share your PHI for workers' compensation or programs like it. FlexCare may do this to the extent required by law.
Public Health Risks. FlexCare may share your PHI for public health activities, as required by federal, state or local law.
For example, we may share your PHI:
De-identified Information. FlexCare may use, disclose, and request PHI if the Health Information to be used or disclosed is de-identified pursuant to the procedures set forth in 45 CFR 145.514(a)-(c).
Health Oversight Activities and Registries. FlexCare may share your PHI with government agencies that oversee health care. FlexCare may do so for activities approved by law. These activities include, but are not limited to, audits, investigations, inspections and licensure surveys. The government uses these activities to monitor the health care system. It also monitors the outbreak of disease, government programs, compliance with civil rights laws, and patient outcomes. FlexCare may share PHI with government registries, if required.
Lawsuits and Disputes. If you are in a lawsuit or a dispute, FlexCare may share your PHI in response to a court order, legal demand or other lawful process.
Law Enforcement. FlexCare may share PHI if asked to do so by a law enforcement official under limited circumstances as follows:
Decedents. FlexCare may, under limited circumstances, disclose your PHI to coroners, medical examiners, funeral directors for the purposes of identification, determining the cause of death and fulfilling duties relating to decedents.
National Security. FlexCare may share, if required, your PHI with the proper federal officials for national security reasons.
IV. HOW SECURITY IS HANDLED AT FlexCare
The importance of security for all personal information including, but not limited to, PHI associated with you is of utmost concern to us. At FlexCare, we exercise state of the art care in providing secure transmission of your information from your PC or mobile device to our servers. PHI collected by our web site is stored in secure operation environments that are not available or accessible to the public. Only those employees who need access to your information in order to do their jobs are allowed access, each having signed confidentiality agreements. Any employee who violates our privacy or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
FlexCare is not only HIPPA compliant but additionally utilizes the latest technologies to ensure utmost security. FlexCare uses several layers of firewall security and different degrees of encryption for each customer's sensitive PHI to ensure the highest level of security which meets or exceeds the requirements promulgated under HIPAA (defined below)
FlexCare Medical Group is the sole owner of the information collected on its site. FlexCare Medical Group will not sell, share or lease this information to others. FlexCare does not sell any customer lists, e-mail addresses, cookies or other data without your written authorization.
Cookies and Tracking Technologies
Security on our Website
Secure interaction. When you interact on our web site, all of your PHI including, but not limited to, your credit card number and delivery address, is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your entered information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. FlexCare also takes the following measures to protect your PHI online:
Passwords. To provide you with an increased level of security, online access to your PHI is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. FlexCare will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or E-mail messages).
Information. Since any entered information you provide to us on our website will be transmitted using a secure connection, if your web browser cannot support this level of security, you will not be able to order products through our website. The most recent versions of Safari, Netscape Navigator, Microsoft Internet Explorer and Firefox can support a secure connection and can be downloaded for free from their respective websites.
No data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your PHI from unauthorized access, use or disclosure, FlexCare cannot ensure or warrant the security of any information you transmit to us on our web site.
V. Privacy Rights
We are required by law to make sure that PHI that identifies you is kept private, give you this Notice of our legal duties and privacy practices concerning your PHI, and follow the terms of this Notice currently in effect.
Your Rights Regarding Your PHI
You have the following rights regarding PHI FlexCare maintains about you:
Right To Inspect and To Receive Copies. You have the right to view and receive copies of the PHI used to make decisions about your care, provided you submit your request in writing. Usually, this includes medical and billing records. It does not include some records such as psychotherapy notes. FlexCare may deny your request to view and/or copy your PHI in limited circumstances. If your request is denied, FlexCare will inform you of the reason of the denial and you have the right to request a review of the denial. FlexCare may charge a fee for the costs of processing your request. Contact Customer Service for more information at 1-800-317-0280.
Right To Amend. If you think that personal information FlexCare has about you is wrong or incomplete, you have the right to ask for an amendment to your record. To request deletion of any personal information or ask for a change to your record, you must make your request in writing and submit it to Customer Service. If we are not able to comply with your request, we will respond with an explantation. FlexCare may, under the following limited circumstances:
FlexCare may deny your request for an amendment to your record. FlexCare may Deny your request if it is not submitted in writing or does not include a reason to support the request. FlexCare may also deny your request if you ask FlexCare to amend information that:
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Right To an Accounting of Disclosures. You have the right to get a list of the disclosures FlexCare has made of your PHI. This list will not include all disclosures that FlexCare made. For example, this list will not include disclosures that FlexCare made for treatment, payment or health care operations. It will not include disclosures made before June1, 2007, or disclosures you specifically approved. To ask for this list, you must submit your request in writing on the approved form. The form will be provided to you upon request.
Right To Request Restrictions. You have the right to ask for a restriction or limitation on the PHI FlexCare uses or discloses for treatment, payment or health care operations. You also have the right to ask for a limit on the PHI FlexCare discloses with someone who is involved in your care or in the payment for your care. Such a person may be a family member or friend. FlexCare is not required to comply with your request. If FlexCare does agree, we will fulfill your request unless the information is needed to provide you with emergency treatment or if otherwise required by law. To ask for restrictions, you must make your request in writing on a form that we will give you upon request. You must tell us:
Right To Request Confidential Communications. You have the right to request confidential communications of your PHI or medical matters. You may request that FlexCare communicate with you through specific means or at a specific location. You must make your request in writing on a form that will be provided to you upon request. FlexCare will fulfill all reasonable requests.
Right To a Paper Copy of This Notice. You may ask FlexCare to give you a written copy of this Notice at any time. Even if you have agreed to get this Notice electronically, you still have a right to a paper copy of this Notice.
VI. Revisions To This Notice
FlexCare is constantly innovating and implementing new features as part of its Services. As a result, our privacy practices may change. We may revise this Notice to reflect any changes in our privacy practices. We reserve the right to make the revised Notice effective for PHI we already have about you. It also will be effective for any information we receive in the future. We will post a current version of the Notice on this Site prior to the change becoming effective, as well as in the places where you receive the Services. The effective date of this Notice is on the first page, in the top, right-hand corner. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective.
VII. Single Sign-On
You can choose to sign in to our site using sign-in services such as an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like an Open ID provider give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
VIII. Social Media Widgets
If you think your privacy rights have been violated, you may file a complaint with legal@FlexCare.com or in writing at the address listed below. You may also file a complaint with the Secretary of the Department of Health and Human Services. You will not be penalized for filing a complaint. If this does not satisfactorily resolve your inquiry then you may contact TRUSTe at http://www.truste.com/consumers/watchdog_complaint.php and TRUSTe will then serve as a liaison with this website to resolve your concerns. You may also contact us for further information about your privacy rights by emailing us at support@FlexCare.com as well as by post mail:
3340 Peachtree Rd, NE Suite 1690
Atlanta, GA 30326
Attn: Privacy and Security Officer