Privacy Policy

Last Updated: August 19, 2018

NOTICE OF PRIVACY PRACTICES

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.

This Notice of Privacy Practices is provided to you by Vive Medical Group, P.C. and the licensed physicians practicing within this group of independently owned professional practices collectively known as “Vive Medical Group Professionals.” These professional practices provide access to services via the platform application provided by Vive Concierge, Inc. Vive Concierge, Inc. does not itself provide any physician or other healthcare provider services. This Notice describes how we may use and disclose your protected health information (PHI) to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law when you register to use our services. It also describes your rights to access and control your protected health information. As used in this notice, “Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services. This notice is provided to you in connection with the Company’s website, located at www.viveconcierge.com and any mobile application or platform connected or associated with this website, and any information stored therein as well as any products and services offered through any of the foregoing (collectively, “Website”).

Collecting Protected Health Information: We collect information that you provide to us when you register and/or use or navigate our Website and also when you communicate with us, including by phone and email. We may also collect information in course of arranging and providing services to you.

Uses and Disclosures of Protected Health Information: Your protected health information may be used and disclosed by our organizations, our office staff and others outside of our office that are involved in arranging or providing your care and treatment to pay your health care bills, to support the operation of the organizations, and any other use required by law.

Treatment: We use and will use medical information about you to provide your medical care. We disclose medical information to our employees and others who are involved in providing the care you need. We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party health care provider. For example, we may share your medical information with other physicians or other health care providers who will provide services that we do not provide or we may share this information with a pharmacist who needs it to dispense a prescription to you, or a laboratory that performs a test. We may also disclose medical information to members of your family or others who can help you when you are sick or injured, or following your death.

Payment: Your protected health information will be used, as needed, to obtain payment for your health care services. For example, depending on the circumstances, obtaining approval for services may require that your relevant protected health information be disclosed to your health plan to obtain approval for coverage. We may also disclose information to other health care providers to assist them in obtaining payment for services they have provided to you.

Healthcare Operations: We may use or disclose, as-needed, your protected health information in order to support the business activities of our organizations. These activities include, but are not limited to, quality assessment activities, employee review activities, licensing activities, and conducting or arranging for other business activities. We may also use and disclose this information as necessary for medical reviews, legal services and audits, including fraud and abuse detection and compliance programs and business planning and management. We may also share your medical information with our “business associates,” such as our billing service or management company that perform administrative services for us. We have a written contract with each of these business associates that contains terms requiring them and their subcontractors to protect the confidentiality and security of your medical information. We may use or disclose your protected health information, as necessary, to contact you to update you on the status of your appointment. If you are not home or do not answer your phone, we may leave this information on your answering machine, in a voicemail message or in a message left with the person answering the phone.

We also may use or disclose your protected health information without your authorization under certain circumstances related to the following situations:

  • As Required By Law: We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law, but we will limit our use or disclosure to the relevant requirements of the law;
  • Public Health and Safety Issues: We can share information about you as required by law for certain situations such as:
    • Preventing disease;
    • Coronors and reporting deaths;
    • Proof of immunization;
    • Dealing with product recalls;
    • Reporting adverse reactions to medications;
    • Reporting suspected abuse, neglect, or domestic violence; and
    • Preventing or reducing a serious threat to anyone’s health or safety.
  • Research: We can use or share your information for health research with respect to which your written authorization is not required as approved by an Institutional Review Board or privacy board, in compliance with governing law;
  • Respond to lawsuits and legal actions: We may, and are sometimes required by law, to disclose your health information in the course of any administrative or judicial proceeding to the extent expressly authorized by a court or administrative order. We may also disclose information about you in response to a subpoena, discovery request or other lawful process if reasonable efforts have been made to notify you of the request and you have not objected, or if your objections have been resolved by a court or administrative order;
  • Address workers’ compensation, law enforcement, and other government requests: We can use or share health information about you:
    • For workers’ compensation claims;
    • For law enforcement purposes or with a law enforcement official;
    • With health oversight agencies for activities authorized by law; and
    • For special government functions such as military, national security, and presidential protective services.

We must obtain your authorization before using or disclosing psychotherapy notes (except in certain limited situations), before using or disclosing protected health information for marketing purposes, or for any disclosure of protected health information which is considered a sale of protected health information. Other permitted and required uses and disclosures not specified in this notice will be made only with your authorization. You may revoke an authorization that you have provided to us, at any time, in writing, except to the extent that your physician or this organization have taken an action in reliance on the use or disclosure indicated in the authorization.

Marketing: Provided we do not receive any payment for making these communications, we may contact you to encourage you to purchase or use products or services related to your treatment, case management or care coordination, or to direct or recommend other treatments, therapies, health care providers or settings of care that may be of interest to you. We may similarly describe products or services provided by this practice and tell you which health plans we participate in., We may receive financial compensation to talk with you face-to-face, to provide you with small promotional gifts, or to cover our cost of reminding you to take and refill your medication or otherwise communicate about a drug or biologic that is currently prescribed for you, but only if you either: (1) have a chronic and seriously debilitating or life-threatening condition and the communication is made to educate or advise you about treatment options and otherwise maintain adherence to a prescribed course of treatment, or (2) you are a current health plan enrollee and the communication is limited to the availability of more cost-effective pharmaceuticals. If we make these communications while you have a chronic and seriously debilitating or life-threatening condition, we will provide notice of the following in at least 14point type: (1) the fact and source of the remuneration; and (2) your right to opt-out of future remunerated communications by calling the communicator’s toll-free number. We will not otherwise use or disclose your medical information for marketing purposes or accept any payment for other marketing communications without your prior written authorization. The authorization will disclose whether we receive any financial compensation for any marketing activity you authorize, and we will stop any future marketing activity to the extent you revoke that authorization.

Sale of Health Information: We will not sell your health information without your prior written authorization. The authorization will disclose that we will receive compensation for your health information if you authorize us to sell it, and we will stop any future sales of your information to the extent that you revoke that authorization.

Change of Ownership: In the event that this medical practice is sold or merged with another organization, your health information/record will become the property of the new owner, although you will maintain the right to request that copies of your health information be transferred to another physician or medical group

Your Rights: Following is a statement of your rights with respect to your protected health information.

You have the right to inspect and copy your protected health information. Under federal law, however, you do not have the right to inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and protected health information that is subject to law that prohibits access to the protected health information.

You have the right to request a restriction of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment or healthcare operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply. Our organizations are not required to agree to a restriction that you may request, unless the request is to restrict disclosure of protected health information to a health plan for the purpose of carrying out payment or health care operations and the protected health information pertains solely to a health care item or service for which you (or someone on your behalf other than the health plan) has paid in full. If our organizations believe it is in your best interest to permit use and disclosure of your protected health information, your protected health information will not be restricted. You then have the right to use another provider.

You have the right to request to receive confidential communications from us by alternative means or at an alternative location.

You have the right to obtain a paper copy of this notice from us, upon request, even though you have agreed to accept this notice electronically.

You may have the right to have our organizations amend your protected health information. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.

You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information.

We will (and are required by law to) notify affected individuals following a breach of unsecured protected health information.

In the case of a breach of unsecured protected health information, we will notify you as required by law. If you have provided us with a current email address, we may use email to communicate information related to the breach. In some circumstances our business associate may provide the notification. We may also provide notification by other methods as appropriate. [Note: Only use email notification if you are certain it will not contain PHI and it will not disclose inappropriate information. For example if your email address is “digestivediseaseassociates.com” an email sent with this address could, if intercepted, identify the patient and their condition.] We reserve the right to change the terms of this notice and to make the new notice provisions effective for all protected health information in our possession. We will inform you of any changes by emailing you a copy of the revised notice. You then have the right to object or withdraw as provided in this notice.

Complaints: You may complain to our HIPAA Compliance Officer or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying the HIPAA Compliance Officer of your complaint using the contact information listed below. We will not retaliate against you for filing a complaint.

This notice was published and becomes effective on/or before March 28, 2020. We are required to abide by the terms of the notice currently in effect.

We are required by law to maintain the privacy of protected health information and to provide individuals with this notice of our legal duties and privacy practices with respect to protected health information. If you have any questions concerning or objections to this form, please ask to speak with our HIPAA Compliance Officer in person or by phone at (310)492-4003.

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