CULLENBERG PHYSICAL THERAPY AND PERFORMANCE

TERMS OF SERVICE, PRIVACY POLICY, AND NOTICE OF PRIVACY PRACTICES

 

Disclaimer

This website, text, images, videos, and other materials have been provided as general information for exercise and rehabilitation and are intended for educational purposes. Any individual beginning any exercise program, should first consult with a qualified health professional. Discontinue any exercise that causes discomfort and/or dysfunction and consult with a qualified medical professional. Please consult with a physician prior to implementing any rehabilitation or exercise protocol. This website does not contain medical advice. The instructions and advice presented are in no way a substitute for professional testing, instruction, or training. The creator, producer, and distributor of the website disclaim any liabilities or loss, personal or otherwise, in connection with the exercises and advice herein.

DISCLOSURES

We may receive compensation from various links that you may click on my website.  This includes Google Ad Words, links to any product on Amazon, and some affiliate products and websites.  If there is a link to a product on this site or emails, consider that we make a commission on any sale.  

 

CULLENBERG PHYSICAL THERAPY AND PERFORMANCE

TERMS OF SERVICE

1. TERMS

By accessing the website at https://www.cullenbergpt.com/ (referred to throughout as “site”), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. USE LICENSE

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Cullenberg Physical Therapy and Performance’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on Cullenberg Physical Therapy and Performance’s website;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or “mirror” the materials on any other server.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cullenberg Physical Therapy and Performance at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. DISCLAIMER

  1. The materials on Cullenberg Physical Therapy and Performance website are provided on an ‘as is’ basis. Cullenberg Physical Therapy and Performance makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

  2. Further, Cullenberg Physical Therapy and Performance does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. LIMITATIONS

In no event shall Cullenberg Physical Therapy and Performance or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Cullenberg Physical Therapy and Performance’s website, even if Cullenberg Physical Therapy and Performance or a Cullenberg Physical Therapy and Performance authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. ACCURACY OF MATERIALS

The materials appearing on Cullenberg Physical Therapy and Performance’s website could include technical, typographical, or photographic errors. Cullenberg Physical Therapy and Performance does not warrant that any of the materials on its website are accurate, complete or current. Cullenberg Physical Therapy and Performance may make changes to the materials contained on its website at any time without notice. However Cullenberg Physical Therapy and Performance does not make any commitment to update the materials.

6. LINKS

Cullenberg Physical Therapy and Performance has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Cullenberg Physical Therapy and Performance of the site. Use of any such linked website is at the user’s own risk.

7. MODIFICATIONS

Cullenberg Physical Therapy and Performance may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of ME and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

CULLENBERG PHYSICAL THERAPY AND PERFORMANCE

PRIVACY POLICY

Your privacy is important to us. It is Cullenberg Physical Therapy and Performance’s policy to respect your privacy regarding any information we may collect from you across our website, site, and other sites we own and operate.

INFORMATION WE COLLECT

LOG DATA

When you visit our website, our servers may automatically log the standard data provided by your web browser. This data is considered “non-identifying information”, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

We may also collect data about the device you are using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

PERSONAL INFORMATION

We may ask for personal information, such as your:

  • Name

  • Email

  • Social media profiles

  • Date of birth

  • Phone/mobile number

  • Home/Mailing address

  • Work address

  • Payment information

  • Driver’s licence details

  • Passport number

  • Tax/SSN/Medicare/etc. number

This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.

HOW WE COLLECT INFORMATION

We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.

USE OF INFORMATION

We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in future. We do not disclose the specifics of this information publicly, but may share aggregated and anonymised versions of this information, for example, in website and customer usage trend reports.

We may use your personal details to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.

DATA PROCESSING AND STORAGE

The personal information we collect is stored and processed in the United States, or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.

We only retain personal information for as long as necessary to provide a service, or to improve our services in the future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.

If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.

COOKIES

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.

THIRD-PARTY ACCESS TO INFORMATION

We use third-party services for:

  • Analytics tracking

  • User authentication

  • Advertising and promotion

  • Content marketing

  • Email marketing

  • Payment processing

These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose.

We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.

We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity.

We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.

CHILDREN’S PRIVACY

We are committed to protecting the privacy of children who use our services. We encourage parents to engage with us in protecting their children’s privacy, ensuring a safe and enjoyable online experience. Please refer to our Children’s Privacy Policy for more information.

LIMITS OF OUR POLICY

This privacy policy only covers Cullenberg Physical Therapy and Performance’s own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours, however we cannot accept responsibility or liability for their respective privacy practices.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

CHANGES TO THIS POLICY

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. If you are a registered user on site, we will notify you using the contact details saved in your account. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

YOUR RIGHTS AND RESPONSIBILITIES

As our user, you have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted. You may amend or remove your account information at any time, using the tools provided in your account control panel.

You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes. You have the right to opt out of data about you being used in decisions based solely on automated processing.

Feel free to contact us if you have any concerns or questions about how we handle your data and personal information.

Cullenberg Physical Therapy and Performance

Kelton Cullenberg

kelton@cullenbergpt.com

This policy is effective as of 27 September 2020.

COOKIE POLICY

We use cookies to help improve your experience of the site. This cookie policy is part of Cullenberg Physical Therapy and Performance’s privacy policy, and covers the use of cookies between your device and our site. We also provide basic information on third-party services we may use, who may also use cookies as part of their service, though they are not covered by our policy.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from site, with the understanding that we may be unable to provide you with some of your desired content and services.

WHAT IS A COOKIE?

A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.

Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).

Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

TYPES OF COOKIES AND HOW WE USE THEM

ESSENTIAL COOKIES

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.

PERFORMANCE COOKIES

Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.

FUNCTIONALITY COOKIES

Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.

TARGETING/ADVERTISING COOKIES

Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.

THIRD-PARTY COOKIES ON OUR SITE

We may employ third-party companies and individuals on our websites—for example, analytics providers and content partners. We grant these third parties access to selected information to perform specific tasks on our behalf. They may also set third-party cookies in order to deliver the services they are providing. Third-party cookies can be used to track you on other websites that use the same third-party service. As we have no control over third-party cookies, they are not covered by Cullenberg Physical Therapy and Performance’s cookie policy.

OUR THIRD-PARTY PRIVACY PROMISE

We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.

HOW YOU CAN CONTROL OR OPT OUT OF COOKIES

If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.

If you browse websites from multiple devices, you may need to update your settings on each individual device.

Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.

CHILDREN’S PRIVACY POLICY

We are committed to protecting the privacy of children who use the site and its services. This children’s privacy policy is part of our approach to privacy, and covers the way we collect, store and manage information provided by children under the age of 13, in accordance with the US Children’s Online Privacy Protection Act (COPPA).

We encourage parents to engage with us in protecting their children’s privacy, ensuring a safe and enjoyable online experience.

COLLECTING INFORMATION FROM CHILDREN

At times, we may require information from children to enable participation in certain activities, for example, registering an account, customizing a profile, or receiving notifications. When collecting non-personal information, we encourage children never to provide any details that may personally identify them or reveal their location. We do not require children to provide more information than is necessary to participate in an activity.

We do not use children’s contact details for marketing purposes, though we may use them for our internal marketing and research in order to improve the quality of products and services offered across our site.

PARENTAL CONSENT

In accordance with COPPA, if an activity does require any personal information (such as first name, last name, or email address), we will provide notice to and seek consent from a parent or guardian prior to collecting the information. We only retain collected information for as long as necessary to enable participation in the requested activity.

In the event we discover we have collected personal information in a manner non-compliant with COPPA, we will either delete the information or seek parental consent.

As a parent/guardian, if you believe your child is participating in an activity that collects personal information, and you have not received a notification or request for consent, please feel free to get in touch via our contact page site. We do not use parent contact details for marketing purposes unless marketing materials are explicitly requested.

SAFEGUARDING CHILDREN’S PRIVACY

We take security seriously, and do what we can within commercially acceptable means to protect your child’s personal information from loss or theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.

INFORMATION ABUSE AND COMMUNITY MISCONDUCT

We do not tolerate doxing (publishing of private or personal information about an individual without their consent), cyberbullying, or other forms of information abuse on site.

If we discover that a child’s personal information has been disclosed on our site without the express consent of their parent/guardian, we will remove the content in question as quickly as possible and effect disciplinary measures (a warning, suspension or ban) on the offending account.

THIRD-PARTY ACCESS TO INFORMATION

We do not knowingly disclose any personally identifying information or personal information provided by children to third parties. We may, however, disclose anonymised and aggregated versions of this information (analytics and statistics) for business, marketing or public relations purposes.

PARENTAL CONTROLS AND INTERVENTION

As a parent/guardian, you may at any time refuse to let us collect further information from your children for a particular activity or account. If you have given us consent previously, you may log in to your child’s account to review, edit or delete the information, or contact us via to request the removal of the information from our records.

Please be aware that the removal of certain information may result in the termination of the associated account, or withdrawal from the associated activity.

Cullenberg Physical Therapy and Performance

 

Notice of Privacy Practices

 

Effective Date: September 6th, 2020

 

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

 

If you have any questions about this notice, please contact our privacy officer:

 

Kelton Cullenberg

35 Stevens Ln Brownfield, ME 04010

207-860-0307

kelton@cullenbergpt.com

 

1. Summary of Rights and Obligations Concerning Health Information.  Cullenberg Physical Therapy and Performance is committed to preserving the privacy and confidentiality of your health information, which is required both by federal and state law.  We are required by law to provide you with this notice of our legal duties, your rights, and our privacy practices, with respect to using and disclosing your health information that is created or retained by Cullenberg Physical Therapy and Performance.  Each time you visit us, we make a record of your visit. Typically, this record contains your symptoms, examination and test results, our assessment of your condition, a record of your treatment interventions, and a plan for future care or treatment. We have an ethical and legal obligation to protect the privacy of your health information, and we will only use or disclose this information in limited circumstances. In general, we may use and disclose your health information to:

 

• plan your care and treatment;

• provide treatment by us or others;

• communicate with other providers such as referring physicians;

• receive payment from you, your health plan, or your health insurer;

• make quality assessments and work to improve the care we render and the outcomes we achieve, known as health care operations;

• make you aware of services and treatments that may be of interest to you; and

• comply with state and federal laws that require us to disclose your health information.

 

We may also use or disclose your health information where you have authorized us to do so.

 

Although your health record belongs to Cullenberg Physical Therapy and Performance, the information in your record belongs to you. You have the right to:

 

• ensure the accuracy of your health record;

• request confidential communications between you and your physician and request limits on the use and disclosure of your health information; and

• request an accounting of certain uses and disclosures of health information we have made about you.

 

We are required to:

 

• maintain the privacy of your health information;

• provide you with notice, such as this Notice of Privacy Practices, as to our legal duties and privacy practices with respect to information we collect and maintain about you;

• abide by the terms of our most current Notice of Privacy Practices;

• notify you if we are unable to agree to a requested restriction; and

• accommodate reasonable requests you may have to communicate health information by alternative means or at alternative locations.

 

We reserve the right to change our practices and to make the new provisions effective for all your health information that we maintain.

 

Should our information practices change, a revised Notice of Privacy Practices will be available upon request. If there is a material change, a revised Notice of Privacy Practices will be distributed to the extent required by law.  We will not use or disclose your health information without your authorization, except as described in our most current Notice of Privacy Practices. In the following pages, we explain our privacy practices and your rights to your health information in more detail.

 

If you have limited proficiency in English, you may request a Notice of Privacy Practices in [name of language(s)]. 

 

2. We may use or disclose your medical information in the following ways:

 

  • Treatment. We may use and disclose your protected health information to provide, coordinate and manage your rehab care.  That may include consulting with other health care providers about your health care or referring you to another health care provider for treatment including physicians, nurses, and other health care providers involved in your care.  For example, we may release your protected health information to a specialist to whom you have been referred to ensure that the specialist has the necessary information he or she needs to diagnose and/or treat you.  

  • Payment. We may use and disclose your health information so that we may bill and collect payment for the services that we provided to you. For example, we may contact your health insurer to verify your eligibility for benefits, and may need to disclose to it some details of your medical condition or expected course of treatment. We may use or disclose your information so that a bill may be sent to you, your health insurer, or a family member. The information on or accompanying the bill may include information that identifies you and your diagnosis, as well as services rendered, any procedures performed, and supplies used. If, however, you pay cash at the time of service, we will not disclose your protected health information to your health plan or any other responsible payer unless you sign an authorization for us to do so.  If we agree to await payment from your health plan or put you on a payment plan, we may provide health information to a collection agency, small claims court or other court of competent jurisdiction in the event your claims for our services are not paid within 90 days and you have not made alternative payment arrangements with us.  

  • Health Care Operations.  We may use and disclose your health information to assist in the operation of our practice. For example, we may use information in your health record to assess the care and outcomes in your case and others like it as part of a continuous effort to improve the quality and effectiveness of the healthcare and services we provide. We may use and disclose your health information to conduct cost-management and business planning activities for our practice. 

 

  • Business Associates. Cullenberg Physical Therapy and Performance sometimes contracts with third-party business associates for services. Examples include answering services, transcriptionists, billing services, consultants, and legal counsel. We may disclose your health information to our business associates so that they can perform the job we have asked them to do. To protect your health information, however, we require our business associates to appropriately safeguard your information.

 

  • Appointment Reminders. We may use and disclose Information in your medical record to contact you as a reminder that you have an appointment.   We usually will call you at home the day before your appointment and leave a message for you on your answering machine or with an individual who responds to our telephone call. However, you may request that we call you only at a certain number or that we refrain from leaving messages and we will endeavor to accommodate all reasonable requests.

 

  • Treatment Options. We may use and disclose your health information in order to inform you of alternative treatments.  

 

  • Release to Family/Friends. Our staff, using their professional judgment, may disclose to a family member, other relative, close personal friend, or any other person you identify, your health information to the extent it is relevant to that person’s involvement in your care or for payment related to your care. We will provide you with an opportunity to object to such a disclosure whenever we practicably can do so. We may disclose the health information of minor children to their parents or guardians unless such disclosure is otherwise prohibited by law.  However, please note that state law may prohibit us from disclosing medical information to a parent or guardian at the child’s request if the child is of a certain age.  

  • Health-Related Benefits and Services.  We may use and disclose health information to tell you about health-related benefits or services that may be of interest to you. In face- to-face communications, such as appointments with your provider, we may tell you about other products and services that may be of interest you.

 

  • Newsletters and Other Communications. We may use your personal information in order to communicate to you via newsletters (including electronic newsletters – subject to applicable anti-spam laws), mailings, or other means regarding treatment options, health related information, disease management programs, wellness programs, or other community based initiatives or activities in which our practice is participating.

 

  • Disaster Relief. We may disclose your health information in disaster relief situations where disaster relief organizations seek your health information to coordinate your care, or notify family and friends of your location and condition. We will provide you with an opportunity to agree or object to such a disclosure whenever we practicably can do so.

 

  • Marketing.  In most circumstances, we are required by law to receive your written authorization before we use or disclose your health information for marketing purposes. However, we may provide you with promotional gifts of nominal value and market services or products to you in face-to-face communications. Under no circumstances will we sell our patient lists or your health information to a third party without your written authorization.   

 

  • Fundraising. We may use certain information (name only, address, telephone number, date of service, age and gender) to contact you as part of fundraising efforts our practice participates in.  If you do not wish to be contacted about our fundraising activities, please notify us or our privacy officer. 

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

 

•   licensing and certification carried out by public health authorities;

•   prevention or control of disease, injury, or disability;

•   reports of births and deaths;

•   reports of child abuse or neglect;

•   notifications to people who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;

       •   organ or tissue donation; and

       •   notifications to appropriate government authorities if we believe a patient has been the victim of abuse, neglect, or domestic violence. We will make this

    disclosure when required by law, or if you agree to the disclosure, or when authorized by law and in our professional judgment disclosure is required to           prevent serious harm.

 

  • Food and Drug Administration (FDA). We may disclose to the FDA and other regulatory agencies of the federal and state government health information relating to adverse events with respect to food, supplements, products and product defects, or post-marketing monitoring information to enable product recalls, repairs, or replacement.

 

  • Research. We may disclose your health information to researchers when the information does not directly identify you as the source of the information or when a waiver has been issued by an institutional review board or a privacy board that has reviewed the research proposal and protocols for compliance with standards to ensure the privacy of your health information.

 

  • Workers Compensation. We may disclose your health information to the extent authorized by and to the extent necessary to comply with laws relating to workers’ compensation or other similar programs established by law. 

 

  • Law Enforcement. We may release your health information:

 

• in response to a court order, subpoena, warrant, summons, or similar process of authorized under state or federal law;

• to identify or locate a suspect, fugitive, material witness, or similar 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 [name of provider];

• to coroners or medical examiners;

• 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;

• to authorized federal officials for intelligence, counterintelligence, and other national security authorized by law; and

• to authorized federal officials so they may conduct special investigations or provide protection to the President, other authorized persons, or foreign heads of state.

 

  • De-identified Information. We may use your health information to create "de-identified" information or we may disclose your information to a business associate so that the business associate can create de-identified information on our behalf. When we "de-identify" health information, we remove information that identifies you as the source of the information. Health information is considered "de-identified" only if there is no reasonable basis to believe that the health information could be used to identify you.

 

  • Personal Representative. If you have a personal representative, such as a legal guardian, we will treat that person as if that person is you with respect to disclosures of your health information. If you become deceased, we may disclose health information to an executor or administrator of your estate to the extent that person is acting as your personal representative.

 

  • HLTV-III Test. If we perform the HLTV-III test on you (to determine if you have been exposed to HIV), we will not disclose the results of the test to anyone but you without your written consent unless otherwise required by law. We also will not disclose the fact that you have taken the test to anyone without your written consent unless otherwise required by law.  

 

  • Limited Data Set. We may use and disclose a limited data set that does not contain specific readily identifiable information about you for research, public health, and health care operations. We may not disseminate the limited data set unless we enter into a data use agreement with the recipient in which the recipient agrees to limit the use of that data set to the purposes for which it was provided, ensure the security of the data, and not identify the information or use it to contact any individual.

 

3. Authorization for Other Uses of Medical Information.  Uses of medical information not covered by our most current Notice of Privacy Practices or the laws that apply to us will be made only with your written authorization.  You should be aware that we are not responsible for any further disclosures made by the party you authorize us to release information to.  If you provide us with authorization to use or disclose medical information about you, you may revoke that authorization, in writing, at any time. If you revoke your authorization, we will no longer use or disclose medical information about you for the reasons covered by your written authorization, except to the extent that we have already taken action in reliance on your authorization or, if the authorization was obtained as a condition of obtaining insurance coverage and the insurer has the right to contest a claim or the insurance coverage itself. We are unable to take back any disclosures we have already made with your authorization, and we are required to retain our records of the care that we provided to you.

4. Your Health Information Rights.  You have the following rights regarding medical information we gather about you:

 

A. Right to Obtain a Paper Copy of This Notice. You have the right to a paper copy of this Notice of Privacy Practices at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy.

 

B. Right to Inspect and Copy. You have the right to inspect and copy medical information that may be used to make decisions about your care.  This includes medical and billing records.  

 

To inspect and copy medical information, you must submit a written request to our privacy officer. We will supply you with a form for such a request. If you request a copy of your medical information, we may charge a reasonable fee for the costs of labor, postage, and supplies associated with your request. We may not charge you a fee if you require your medical information for a claim for benefits under the Social Security Act (such as claims for Social Security, Supplemental Security Income, and any other state or federal needs-based benefit program.

 

If your medical information is maintained in an electronic health record, you also have the right to request that an electronic copy of your record be sent to you or to another individual or entity. We may charge you a reasonable cost based fee limited to the labor costs associated with transmitting the electronic health record.

 

C. 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 we retain the information.  

 

To request an amendment, your request must be made in writing and submitted to our privacy officer. 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 [name of provider];

• is not part of the information which you would be permitted to inspect and copy; or

• is accurate and complete.

 

If we deny your request for amendment, you may submit a statement of disagreement.  We may reasonably limit the length of this statement. Your letter of disagreement will be included in your medical record, but we may also include a rebuttal statement.

 

D. Right to an Accounting of Disclosures. You have the right to request an accounting of disclosures of your health information made by us. In your accounting, we are not required to list certain disclosures, including:

 

• disclosures made for treatment, payment, and health care operations purposes or disclosures made incidental to treatment, payment, and health care operations, however, if the disclosures were made through an electronic health record, you have the right to request an accounting for such disclosures that were made during the previous 3 years;

• disclosures made pursuant to your authorization;

• disclosures made to create a limited data set;

• disclosures made directly to you.

 

To request an accounting of disclosures, you must submit your request in writing to our privacy officer. Your request must state a time period which may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you would like the accounting of disclosures (for example, on paper or electronically by e-mail). The first accounting of disclosures you request within any 12-month period will be free. For additional requests within the same period, we may charge you for the reasonable costs of providing the accounting of disclosures. We will notify you of the costs involved and you may choose to withdraw or modify your request at that time, before any costs are incurred. Under limited circumstances mandated by federal and state law, we may temporarily deny your request for an accounting of disclosures.

 

E. 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 treatment, payment, or health care operations. If you paid out-of-pocket for a specific item or service, you have the right to request that medical information with respect to that item or service not be disclosed to a health plan for purposes of payment or health care operations, and we are required to honor that request.  You also have the right to request a limit on the medical information we communicate about you to someone who is involved in your care or the payment for your care.

 

Except as noted above, we are not required to agree to your request. If we do agree, we will comply with your request unless the restricted information is needed to provide you with emergency treatment.  To request restrictions, you must make your request in writing to our privacy officer. In your request, you must tell us:

 

• what information you want to limit;

• whether you want to limit our use, disclosure, or both; and

• to whom you want the limits to apply.

 

F. 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 work or by e-mail.  To request confidential communications, you must make your request in writing to your provider or our privacy officer. 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.

 

G. Right to Receive Notice of a Breach. We are required to notify you by first class mail or by e-mail (if you have indicated a preference to receive information by e-mail), of any breaches of Unsecured Protected Health Information as soon as possible, but in any event, no later than 60 days following the discovery of the breach. “Unsecured Protected Health Information” is information that is not secured through the use of a technology or methodology identified by the Secretary of the U.S. Department of Health and Human Services to render the Protected Health Information unusable, unreadable, and undecipherable to unauthorized users. The notice is required to include the following information:

 

• a brief description of the breach, including the date of the breach and the date of its discovery, if known;

• a description of the type of Unsecured Protected Health Information involved in the breach;

• steps you should take to protect yourself from potential harm resulting from the breach;

• a brief description of actions we are taking to investigate the breach, mitigate losses, and protect against further breaches;

• contact information, including a toll-free telephone number, e-mail address, Web site or postal address to permit you to ask questions or obtain additional information.  In the event the breach involves 10 or more patients whose contact information is out of date we will post a notice of the breach on the home page of our Web site or in a major print or broadcast media. If the breach involves more than 500 patients in the state or jurisdiction, we will send notices to prominent media outlets. If the breach involves more than 500 patients, we are required to immediately notify the Secretary. We also are required to submit an annual report to the Secretary of a breach that involved less than 500 patients during the year and will maintain a written log of breaches involving less than 500 patients.



 

5. Complaints.  If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the U.S. Department of Health and Human Services, 200 Independence Ave, S.W., Washington, D.C. 20201. To file a complaint with us, contact our privacy officer at the address listed above. All complaints must be submitted in writing and should be submitted within 180 days of when you knew or should have known that the alleged violation occurred. See the Office for Civil Rights website, www.hhs.gov/ocr/hipaa/ for more information.  You will not be penalized for filing a complaint.