Notice of Privacy Practices - Interactive MD, LLC
THIS NOTICE OF PRIVACY PRACTICES AND WEBSITE PRIVACY POLICY (THIS “NOTICE”) DESCRIBES HOW HEALTH AND OTHER PERSONAL INFORMATION ABOUT YOU MAY BE COLLECTED, USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO YOUR INFORMATION. PLEASE REVIEW IT CAREFULLY. POLICY EFFECTIVE DATE IS FEBRUARY 4, 2010.
Interactive MD understands the necessity of maintaining the privacy of your protected health information, or “PHI.” PHI is information that could be used to identify you in relation to (i) your past, present, or future physical or mental health or condition; (ii) the provision of health care to you; or (iii) the past, present, or future payment for the provision of health care to you. Interactive MD is required by law to maintain the privacy of PHI and to provide you with this Notice of our legal duties and privacy practices. Interactive MD requires all contractors and/or anyone accessing your information or entering information into your record, to abide by the practices and uses as provided in this Notice.
Interactive MD is required by law to abide by the terms of this Notice that is currently in effect. This Notice will remain in effect until such time as a replacement Notice is provided by Interactive MD. Interactive MD reserves the right to make changes to this Notice and to make the revised or changed Notice effective for all PHI Interactive MD maintains. Any changes to this Notice will be posted on our website, at www.interactivemd.com (“Website”). You may view a copy of this Notice at any time at our Website or you may receive a paper copy of the Notice, or receive further information about this Notice, by calling our Customer Service Department at 888-866-7909.
Information Interactive MD May Collect
To access and use our services, Interactive MD must collect certain information about you. This information may be collected directly from you orally or on Website applications or other forms. The following information will be required in order to utilize Interactive MD’s services: (i) name; (ii) address; (iii) telephone number; (iv) gender; (v) date of birth; (vi) e-mail address; (vii) payment information; and (viii) any other pertinent information required to complete your electronic medical record. You will also be required to select a password to access and protect your Interactive MD account information. Interactive MD will create and maintain a record of the care and services you receive. This may include electronic medical records, audio and/or video files associated with consultations, e-mails referencing services, and test results, if applicable. In addition, this information may include your transactions with Interactive MD, its affiliates and others.
Cookies
Through our web site, information is collected through an Internet “cookie,” an information-collecting device from a web server. “Cookies” are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent.
How Interactive MD May Use and Disclose PHI
Interactive MD may use and disclose information about you in providing the telehealth services. While we cannot describe every type of information that we use or disclose, all of the ways we are permitted to use and disclose information will fall within one of these categories:
Treatment: Your health care provider may ask us to use or disclose PHI in connection with consultations, treatment, or in connection with the provision of follow-up treatment.
Payment: We may use and disclose your PHI to your health insurer or health plan in connection with the billing, processing and payment of claims or other charges.
Health Care Operations: We may use and disclose PHI as part of our services. For example, we may use and disclose information to provide customer service, or to conduct quality review assessment. Interactive MD will engage third parties to provide various services for Interactive MD, including the physicians who respond to inquiries and provide consultations. If any such third party must have access to your PHI in order to perform its services, Interactive MD will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.
Appointments: Interactive MD may contact you to make, or to remind you about a telehealth appointment with a physician.
Health-related Benefits and Services: We may use your PHI to tell you about other health related benefits, products or services that may be of interest to you.
Individuals Involved in Payment for Your Care: Unless you request otherwise, Interactive MD may give information to someone who helps pay for your care, or provide usage information to your employer to pay bills. You may restrict some or all of these disclosures by requesting the restriction in writing to: Interactive MD, 700 Banyan Trail Suite 200, Boca Raton, Florida 33431.
Business Associates: Interactive MD may contract with outside businesses, or physicians to provide some services for us. Under these contracts, we may share your medical information with them in order for them to provide their services under the contract. Any other business or individual with which we contract shall be required to protect the medical information or PHI we share with them.
Permitted or Required by Law: Interactive MD may release information when requested by law enforcement officials or when permitted or required by local, state or federal law.
More Stringent Laws: Interactive MD Health offers their services in many states across the nation. In some cases we may be required to follow the state law provisions on use and disclosure of your PHI, which may be more stringent than those outlined in this Notice.
Research: Under certain circumstances, Interactive MD may use and share your PHI for research purposes. If you do not want to participate in research efforts, you must notify a Customer Service Representative at 888-866-7909 and follow-up in writing to Interactive MD, 700 Banyan Trail Suite 200, Boca Raton, Florida 33431.
To Avert a Serious Threat to Health or Safety: Interactive MD 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 disclosures, however, would only be to someone able to help prevent the threat.
How Interactive MD May Use and Disclose PHI-Special Circumstances
Health Oversight Activities and Registries: Interactive MD may disclose your PHI to a health oversight agency for activities authorized by law such as audits, investigations, inspections, licensing and disciplinary actions relating to the health care system or government benefit programs. These activities are necessary for the government to monitor the health care system, government programs and compliance with civil rights laws.
Public Health Risks: Interactive MD may share your PHI with public health authorities or other governmental authorities as required by law for certain purposes including (i) preventing or controlling disease, injury or disability; (ii) reporting child or vulnerable adult abuse or neglect, or domestic violence incidents; (iii) reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity, (iv) notifying people of recalls of products they may be using; and (v) notifying a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition.
Workers Compensation: Interactive MD may share your PHI for workers’ compensation claims, to the extent and as required by law. Lawsuits and Disputes: If you are involved in a lawsuit or dispute, Interactive MD may be required to disclose PHI 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 the request indicates that the person or entity seeking the information has either: 1) made a good faith attempt to notify you (or your legal representative) of the request, and any time provided for objection to the request has passed without objection, or any objection has been resolved in favor of providing the information; or 2) a qualified protective order protecting the information has been agreed upon or requested from the court or administrative tribunal.
Law Enforcement: Under certain circumstances, Interactive MD may disclose your PHI to a law enforcement official, such as in response to a court order, subpoena, warrant, summons or similar process, for purposes of identifying or locating a suspect, fugitive, material witness or missing person, as relating to the victim of a crime, about a death we believe may be the result of criminal conduct, in emergency situations to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.
Decedents: Under certain circumstances, Interactive MD may disclose PHI to coroners, medical examiners and funeral directors for purposes such as identifying individuals, determining the cause of death and fulfilling duties relating to decedents.
National Security Concerns: Interactive MD may release medical information about you to authorized federal officials for intelligence, counter-intelligence, and other national security activities authorized by law.
Military and Veterans: If you are, or were, a member of the armed forces, Interactive MD may release PHI about you as required by military command authorities. If you are a member of foreign military service, Interactive MD may disclose, in certain circumstances, your PHI to the foreign military authority.
Your Rights Regarding Your PHI
You have the following rights regarding PHI Interactive MD maintains about you:
Right to Inspect and Receive Copies: You have the right to access, inspect or make copies of your PHI. Your request must be made in writing to: Interactive MD, 700 Banyan Trail, Suite 200, Boca Raton, Florida 33431. Interactive MD may charge a reasonable fee for the cost of complying with your request.
Right to Amend: If you feel that the information Interactive MD has about you is incorrect, you may request an amendment for as long as the information is kept and created by Interactive MD. This request must be made in writing to Interactive MD, 700 Banyan Trail, Suite 200, Boca Raton, Florida 33431, and must include a reason to support your request. Under certain circumstances, Interactive MD may deny your request by sending you a written notice of denial. If your request is denied, you may submit a statement of disagreement to be included in your records.
Right to an Accounting of Disclosures: You have the right to receive an accounting of all disclosures of your PHI made by us within the previous 6 years. The accounting will not include: (i) disclosures made for purposes of treatment, payment or health care operations, (ii) disclosures to you or to third parties to whom you or your legally authorized representative have authorized disclosure, (iii) oral or incidental disclosures, and (iv) disclosures made for purposes of national security, or to correctional institutions or law enforcement officials as described in this Notice. Your request must be submitted to Interactive MD in writing, and must include the specific time period for which you are making the request. If you submit more than one request within any 12 month period, Interactive MD may charge you for the cost of fulfilling your request. If such a charge will be made, Interactive MD will notify you prior to the fulfillment of your request and you may choose to withdraw or modify your request at that time before any costs are incurred.
Right to Request Restricted Use: You have the right to request restrictions or limitations on the PHI Interactive MD uses or discloses about you for treatment, payment or health care operations. The request for restrictions must be made in writing to: Interactive MD, 700 Banyan Trail, Suite 700, Boca Raton, Florida 33431, and specify the information you wish to limit, along with the person(s) to whom you want the limitations to apply. Interactive MD is not, however, required to agree to a requested limitation or restriction, and will notify you if we do not agree to a requested restriction.
Right to Confidential Communications: You have the right to receive confidential communications of your PHI. You may request, in writing, that Interactive MD contact you through an alternate means or at a different location. Interactive MD will comply with all reasonable requests.
Complaints: If you believe your privacy rights have been violated, you may file a complaint with Interactive MD and/or with the Secretary of the Department of Health and Human Services. All complaints directed to Interactive MD must be in writing. To file a complaint with us, please mail your written complaint to: Interactive MD, Attn: Complaint Dept., 700 Banyan Trail, Suite 200, Boca Raton, Florida 33431. You will not be penalized for filing a complaint.
Our Security Safeguards
Interactive MD has established safeguards to ensure the security and confidentiality of information about you. These safeguards include protection against any anticipated threats or hazards to the security or integrity of the information, as well as protection against the unauthorized access to or use of this information. When you interact on our Website, all of your information, including 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 information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Website from capturing and viewing your personal information. Interactive MD restricts access to your information to those employees who need to know that information to provide products or services to you or on your behalf.
While Interactive MD is dedicated to the protection of your personal information from unauthorized use or disclosure, no data transmission over the Internet can be guaranteed to be 100% secure. Interactive MD cannot ensure or warrant the security of any information you transmit to us on our Website.
Your Right To a Paper Copy of This Notice
You have the right to receive a paper copy of this Notice at any time, even if you have agreed to receive this Notice electronically. To obtain a paper copy of this Notice, contact an Interactive MD Customer Service Representative at 888-866-7909.
