THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT
YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
If you have any questions about this notice, please
contact the beBetter Health, Inc. Privacy Officer:
Privacy Officer
beBetter Health, Inc.
415 N.Dearborn St., Suite 510
Chicago, IL 60654
800-348-5307
We understand that medical information about you and
your health is personal. We are committed to protecting the privacy and
security of your personal health information about you. We create a record of
the health and services you receive. We need this record to provide you with
quality services and to comply with certain legal requirements. This Notice
applies to all of the records of your services generated or received by
beBetter Health, Inc. Your personal doctor or hospital may have different
policies or notices regarding the use and disclosure of your medical
information created in the doctor’s office or in the hospital. This Notice will
tell you about the ways in which we may use and disclose health information
about you. We also describe your rights and certain obligations we have
regarding the use and disclosure of health information.
We are required by law to:
- Make
sure that health information that identifies you is kept private;
- Give
you this Notice of our legal duties and privacy practices with respect to
health information about you; and
Follow
the terms of the Notice that is currently in effect.
The following categories describe different ways
that we use and disclose health information. For each category of uses or
disclosures we explain what we mean and try to give some examples. Not every
use or disclosure in a category will be listed. However, all of the ways we are
permitted to use and disclose information will fall within one of these
categories.
For Treatment: We may use
health information about you for treatment and services and for health
improvement products and services. We may disclose medical information about
you to your doctor, a hospital or to other wellness programs. For example, we
may send information obtained during your health screening, such as blood test
results, to your family doctor.
For Payment: We may use and
disclose health information about you so that the treatment and services you
receive from beBetter Health, Inc. may be billed to and payment may be
collected from you, your employer, an insurance company, or a third party. For
example, we may need to give your employer information about your treatment or
services received so your health plan will pay us or reimburse you for the
treatment. We also may disclose information about you to another health care
provider, such as a hospital, for their payment activities concerning you.
For Healthcare Operations: We may use and
disclose health information about you for operations. These uses and
disclosures are necessary to run our programs and make sure that all of our
clients receive quality services. For example, we may use health information to
review our treatment and services and to evaluate the performance of our staff
in serving you. We may also combine health information about many clients to
decide what additional services we should offer, what services are not needed,
and whether certain new treatments and services are effective. We may also
combine the health information we have with health information from other
health care providers to compare how we are doing and see where we can make
improvements in the care and services we offer. We may remove information that
identifies you from this set of medical information so that others may use it
to study healthcare and healthcare delivery without learning the identities of
specific clients. We also may disclose information about you for another health
care provider’s operations if you also have received care from that provider.
Treatment Alternatives: We may use and
disclose health information to tell you about or recommend possible treatment
options or alternatives that may be of interest to you.
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.
Appointments: We may use
your information to provide appointment reminders.
Research: Under certain
circumstances, we may use and disclose health information about you for
research purposes. For example, a research project may involve comparing the
health and recovery of all persons who received one type of smoking cessation
program to those who received another type of smoking cessation program. All
research projects, however, are subject to a special approval process. This
process evaluates a proposed research project and its use of health
information, trying to balance the research needs with clients’ need for
privacy of their medical information. Before we use or disclose medical
information for research, the project will have been approved through this
research approval process.
Additionally, we may use your information to
generate aggregate reports and to conduct or support scientific research, but
will not associate any personally identifiable information in such reports or
research. This means that we will first de-identify your information by
removing your name, address, phone number, and other personal information
before generating and distributing reports or using your information in
research. Reports to employers, employer-sponsored wellness or fitness
programs, insurance companies, or any other entities promoting or supporting
your use of our health improvement products or your participation in our health
improvement services will be limited to de-identified, aggregate data, unless
otherwise specifically consented to or authorized by you.
As Required By Law: We will
disclose medical information about you when required to do so by federal,
state, or local law.
To Avert a Serious Threat to Health or
Safety:
We may disclose health information about you when necessary to prevent a
serious threat to your health and safety or the health and safety of the public
or another person. Any disclosure, however, would only be to someone able to
help prevent the threat.
Military and
Veterans:
If you are a member of the armed forces, we may release health information
about you as required by military command authorities. We may also release health
information about foreign military personnel to the appropriate foreign
military authority. We may use and disclose to components of the Department of
Veterans Affairs medical information about you to determine whether you are
eligible for certain benefits.
Workers’ Compensation: We may release
health information about you for Workers’ Compensation or similar programs.
These programs provide benefits for work-related injuries or illness.
Public Health Risks: We may
disclose health information about you for public health activities. These
activities generally include the following:
- To
prevent or control disease, injury, or disability;
- To
report deaths; To report reactions to medication or problems with products; to
notify people of recalls of products they may be using;
- To
notify a person who may have been exposed to a disease or may be at risk for
contracting or spreading a disease or condition; and
- To
notify the appropriate government authority if we believe a client has been the
victim of abuse, neglect, or domestic violence. We will only make this
disclosure if you agree or when required or authorized by law.
Health Oversight Activities: We may
disclose health information to a health oversight agency for activities
authorized by law. These oversight activities include, for example, audits,
investigations, inspections, and licensure. These activities are necessary for
the government to monitor the healthcare system, government programs, and
compliance with civil rights laws.
Lawsuits and Disputes: If you are
involved in a lawsuit or a dispute, we may disclose health information about
you in response to a court or administrative order. We may also disclose health
information about you in response to a subpoena, discovery request, or other
lawful process by someone else involved in the dispute, but only if efforts
have been made to tell you about the request or to obtain an order protecting
the information requested.
Law Enforcement: We may release
health information if asked to do so by a law enforcement official:
- In
response to a court order, subpoena, warrant, summons, or similar process;
- To
identify or locate a suspect, fugitive, material witness, or missing person;
- About
the victim of a crime if, under certain limited circumstances, we are unable to
obtain the person’s agreement;
- About
a death we believe may be the result of criminal conduct;
- About
criminal conduct at the hospital; and
- In
emergency circumstances to report a crime; the location of the crime or
victims; or the identity, description, or location of the person who committed
the crime.
Coroners and Medical Examiners: We may release
health information to a coroner or health examiner. This may be necessary, for
example, to identify a deceased person or determine the cause of death.
National Security and Intelligence
Activities:
We may release health information about you to authorized federal officials for
intelligence, counterintelligence, and other national security activities
authorized by law.
Inmates: If you are an
inmate of a correctional institution or under the custody of a law enforcement
official, we may release medical information about you to the correctional
institution or law enforcement official. This release would be necessary (1)
for the institution to provide you with health care; (2) to protect your health
and safety or the health and safety of others; (3) for the safety and security
of the correctional institution; or (4) to obtain payment for services provided
to you.
You have the following rights regarding health
information we maintain about you:
Right to Inspect and Copy: You have the
right to inspect and receive a copy of your health information. Usually, this
includes medical and billing records, but does not include psychotherapy notes
and/or other mental health records under certain circumstances. To inspect and
copy health information, you must submit your request in writing to the Privacy
Officer. If you request a copy of the information, we may charge a fee for the
costs of copying, mailing, or other supplies associated with your request. We
may deny your request to inspect and copy your health information in certain
very limited circumstances, such as when your physician determines that for
medical reasons this is not advisable. If you are denied access to health
information, you may request that the denial be reviewed. Another licensed
healthcare professional chosen by beBetter Health, Inc. will review your
request and the denial. The person conducting the review will not be the person
who denied your request. We will do what this person decides.
Right to Amend: If you feel
that health information we have about you is incorrect or incomplete, you may
ask us to amend the information. You have the right to request an amendment for
as long as the information is kept by or for beBetter Health, Inc. To request
an amendment, your request must be made in writing and submitted to the 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 health information kept by or for us;
- Is
not part of the information which you would be permitted to inspect and copy;
or
- Is
accurate and complete.
Right to an Accounting of Disclosures: You have the
right to request an “accounting of disclosures.” This is a list of some of the
disclosures we made of health information about you that were not specifically
authorized by you in advance. To request this list or accounting of
disclosures, you must submit your request in writing to the Privacy Officer.
Your request must state a time period that may not be longer than six years and
may not include dates before April 14, 2004. The first list you request within
a 12- month period will be free. For additional lists, we may charge you for
the costs of providing the list. We will notify you of the cost involved, and
you may choose to withdraw or modify your request at that time before any costs
are incurred.
Right to Request Restrictions: You have the
right to request a restriction or limitation on the health information we use
or disclose about you for treatment, payment, or healthcare operations. You
also have the right to request a limitation on the health information we
disclose about you to someone who is involved in your care or the payment for
your care. We are not required to agree to your request. If we do agree, we
will comply with your request unless the information is needed to provide you
emergency treatment. To request restrictions, you must make your request in
writing to the Privacy Officer. In your request, you must tell us (1) what
information you want to limit; (2) whether you want to limit our use,
disclosure, or both; and (3) to whom you want the limits to apply, for example,
disclosures to your spouse.
Right
to Confidential Communications: You have the right to request to
receive communications from us on a confidential basis by using alternative
means for receipt of information or by receiving the information at alternative
locations. For example, you can ask that we only contact you at work or by
mail, or at another mailing address, besides your home address. We must
accommodate your request, if it is reasonable. You are not required to provide
us with an explanation as to the reason for your request. Contact the Privacy
Officer if you require such confidential communications.
Rights
under the HITECH Act:
All electronic transmissions of electronic protected health information (EPHI)
are done in a secure and encrypted format in compliance with all applicable
State and/or Federal laws. If your PHI is submitted in an electronic format
you have the right to receive your report(s) in an electronic format. beBetter
Health will not sell, market for sale, and/or otherwise re-distribute your EPHI
without your express written permission.
Right
to a Paper Copy of This Notice: You have the right to a paper copy of
this notice. You may ask us to give you a copy of this notice at any time. Even
if you have agreed to receive this notice electronically, you are still
entitled to a paper copy of this notice. To obtain a paper copy of this notice,
request a copy from the person who is registering or enrolling you, or you may
request a copy from the Privacy Officer in writing.
We reserve the right to change this Notice. We
reserve the right to make the revised or changed Notice effective for health
information we already have about you as well as any information we receive in
the future. We will post a copy of the current Notice in our offices and on our
website. The Notice will contain the effective date.
If you believe your privacy rights have been
violated, you may file a complaint with us or with the Secretary of the
Department of Health and Human Services.
To file a complaint with us, contact:
Privacy Officer
beBetter Health, Inc.
415 N.Dearborn St., Suite 510
Chicago, IL 60654
800-348-5307
All complaints must be submitted in writing. You
will not be penalized for filing a complaint.
Other uses and disclosures of health information not
covered by this notice or the laws that apply to us will be made only with your
written permission. If you provide us permission to use or disclose health
information about you, you may revoke that permission, in writing, at any time.
If you revoke your permission, we will no longer use or disclose health
information about you for the reasons covered by your written authorization.
You understand that we are unable to take back any disclosures we have already
made with your permission and that we are required to retain our records
related to you.