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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
If you have any questions about this notice,
please contact the beBetter Networks, Inc.
Privacy Officer:
Privacy Officer, beBetter Networks, Inc.
1191 Pineview Drive, Suite F
Morgantown, WV 26505
304-599-6981
We understand that medical information about you and your
health is personal. We are committed to protecting medical
information about you. We create a record of the care and
services you receive. We need this record to provide you with
quality care and to comply with certain legal requirements.
This Notice applies to all of the records of your care generated
or received by beBetter Networks, 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 medical
information about you. We also describe your rights and certain
obligations we have regarding the use and disclosure of medical
information.
We are required by law to:
• Make sure that medical information that identifies
you is kept private;
• Give you this Notice of our legal duties and privacy
practices with respect to medical information about
you; and
• Follow the terms of the Notice that is currently in
effect.
HOW WE MAY USE AND DISCLOSE
MEDICAL INFORMATION ABOUT YOU
The following categories describe different ways that we use
and disclose medical information. For each category of uses or
disclosures we will 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 medical 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 medical
information about you so that the treatment and services
you receive from beBetter Networks, 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
medical 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 medical information to
review our treatment and services and to evaluate the
performance of our staff in serving you. We may also
combine medical 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 medical
information we have with medical 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 medical
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 medical 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 medical 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
medical 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 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
disclosure, however, would only be to someone able to help
prevent the threat.
SPECIAL SITUATIONS
· Military and Veterans: If you are a member of the armed
forces, we may release medical information about you as
required by military command authorities. We may also
release medical 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 medical
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 medical 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 medical
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 medical information about you 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 efforts
have been made to tell you about the request or to obtain
an order protecting the information requested.
· Law Enforcement: We may release medical 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 medical
information to a coroner or medical 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 medical information about you to authorized federal
officials for intelligence, counterintelligence, and other
national security activities authorized by law.
· Protective Services for the President and Others: We
may disclose medical information about you to authorized
federal officials so they may provide protection to the
President, other authorized persons, or foreign heads of
state, or to conduct special investigations.
· 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.
YOUR RIGHTS REGARDING
MEDICAL INFORMATION ABOUT YOU
You have the following rights regarding medical information
we maintain about you:
· Right to Inspect and Copy: You have the right to inspect
and receive a copy of your medical 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 medical
information, you must submit your request in writing to
the Hospital’s 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 medical
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 medical
information, you may request that the denial be reviewed.
Another licensed healthcare professional chosen by
beBetter Networks, 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 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 the information is kept by or
for beBetter Networks, 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 medical 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 medical 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, 2003. 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 medical information we
use or disclose about you for treatment, payment, or
healthcare operations. You also have the right to request a
limitation on the medical 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.
· 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.
CHANGES TO THIS NOTICE
We reserve the right to change this Notice. We reserve the right
to make the revised or changed Notice effective for medical
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
on the first page, in the top right-hand corner, the effective date.
In addition, each time you register or enroll in one of our programs,
we will offer you a copy of the current notice in effect.
COMPLAINTS
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 Networks, Inc.
1191 Pineview Drive, Suite F
Morgantown, WV 26505
All complaints must be submitted in writing. You will not be
penalized for filing a complaint.
OTHER USES OF MEDICAL
INFORMATION
Other uses and disclosures of medical 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 medical 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 medical 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.
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