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PRIVACY

     
 

NOTICE OF PRIVACY PRACTICES FOR ONLINE HEALTHCARE ASSOCIATES, INC. DBA MEDCARELIVE.COM

Last Revised: 1/13/2013

PLEASE REVIEW CAREFULLY. If you have questions, you may call 1-888-966-0926.

 
  1.
Online Healthcare Associates, Inc., dba MedCareLive.com (hereinafter “MedCareLive.com”) is committed to protecting patient privacy. Only authorized employees within the company, on a need to know basis, use any information collected from patients. 
 
     
  2.
Patient records are regarded as confidential and therefore will not be divulged to any third party, other than those approved by patient to provide services (i.e., American Well Online Care (software provider), pharmacy, Xrays, laboratory, etc.) or if legally required to do so to the appropriate authorities. Patients have the right to request review of, and copies of any and all patient records upon reasonable notice.  We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by MedCareLive.com will only be in connection with the provision of agreed services.  
 
     
  3.
We do not monitor or review the content of other party’s websites which are linked to or from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. MedCareLive.com will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
 
     
  4.
Online Healthcare Associates, Inc., dba MedCareLive.com (hereinafter “MedCareLive.com”) respects the privacy of each and every patient and is committed to protecting all of the patient’s personal and PHI information.  The information listed below describes how personal health information (PHI) about you may be used, how it may be disclosed and how you can obtain access to this information. This will serve as a summary of your privacy rights. The law requires that your PHI be kept private. We must give you this notice about our privacy practices and follow the terms while it is in effect. Your use of MedCareLive.com’s services indicates your acceptance of the terms of this Notice.
 
     
  5.
MedCareLive.com is a dba of Online Healthcare Associates, Inc. and utilizes software developed by American Well, Online Care.  Their terms of use and HIPPA statement can be found on the page when you sign in as a patient.
 
     
  6.
In order to use the services, you will be linked to our service provider, Online Care powered by American Well.  You will be asked to enter an e-mail address and password, which we refer to as your MedCareLive.com credentials. After you create your ID, you can use the same credentials to log in and utilize the services. This log in process will allow you to manage your account, search physicians, make appointments, attend appointments, and use the services available through MedCareLive.com.       
 
     
  7.
The first time you log in through our website to utilize the services, you will be asked to create an account also known as your profile. To create an account, you must provide PHI such as name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data that we will share with your provider.
 
     
  8.
Online Care will use the e-mail address provided to send you an e-mail requesting that you validate your account. Your e-mail address may also be used by MedCareLive.com and Online Care to provide appointment reminders, changes in appointments, messages from your physician, or health related programs as described herein. Online Care by American Well will use your e-mail address as the primary means to reset your username and password. Your e-mail address is not to be shared with any other third parties and not to be used for advertising or sales purposes.
 
     
  9.
MedCareLive creates a record of the care and services you receive. Information is collected or created through consultations, electronic medical records that may be uploaded or created as a result of treatment, and medical test results.
 
     
  10.
Any personally identifiable information you give us on this site will be used only to provide the service or information you have requested or for which you registered. In order to provide our services, we may share your information with our software provider, Online Care by American Well,  who share our obligation to protect your information.  We will not sell, rent or license your information to third parties for marketing purposes without permission. The non-personally identifiable information we gather may be used to improve our site.
 
     
  11.
At any time, you can change, update, or remove any information you have voluntarily provided on this site.
 
     
  12.
Please be advised that the confidentiality of any communication or material transmitted to MedCareLive.com via Internet electronic mail cannot be guaranteed, including, without limitation, personal information such as your name, address or Social Security number.
 
     
  13.
In order to access MedCareLive.com’s services, you are providing MedCareLive.com and its software provider, American Well, Online Care with certain personal and medical information ("Personal Information") about yourself. We will not make your Personal Information available to the providers unless you direct us to do so. While it is fully within your rights not to share personal medical information, if you choose not to, you may not be able to utilize some features of our services. All MedCareLive.com’s providers and third party affiliates required to provide the requested services have represented to us that they will comply with all federal and state privacy and security laws applicable to your interactions with them. However, MedCareLive.com cannot be responsible for any violations of those laws by individual providers.
 
     
  14.
Following your interactions with providers, you may also ask us to send Personal Information about our services encounter to your regular physician. We will send that information by secure message, email or fax. Please be aware that email communication can be intercepted in transmission or misdirected. Once that information leaves our secure website, we are not able to direct or control any further disclosure of that information. If you do not wish to have your Personal Information sent by email, please select one of the other secure options.
 
     
  15.
We will not share your Personal Information with any other third parties without your express permission, except as otherwise permitted by this Agreement or as required by law or a court.
 
     
  16.
We may obtain personal data from your health plan, pharmacy benefits manager and other third parties that provide data interchange services. That data will be subject to the same privacy and security policies as the Personal Information that you submit to us.
 
     
  17.
We may combine, in a non-identifiable format, the Personal Information you provide with information from other users to create Aggregate Data that may be disclosed to third parties for general public health or commercial purposes. Aggregate data does not contain any information that could be used to contact or identify you.
 
     
  18.
Your Personal Information will be stored in a secure manner. We have implemented a variety of commercially standard encryption and security technologies and procedures to protect your Personal Information, stored in our computer systems from unauthorized access. We also maintain standard physical and electronic procedural safeguards that limit access to your Personal Information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your Personal Information.
 
     
 
These privacy practices form part of the Agreement between the patient and MedCareLive.com. Your accessing of this website and/or undertaking of a consultation or Agreement indicates your understanding, agreement to and acceptance, of these privacy practices contained herein. 
 
 

HIPPA

     
  1.
Online Healthcare Associates, Inc., dba MedCareLive.com (hereinafter “MedCareLive.com”) utilizes software that has been developed by American Well, Online Care and their terms of use and HIPPA statement can be found on their page when you sign in.
 
     
  2.
MedCareLive.com is required by law to maintain the privacy of certain confidential health information known as Protected Health Information and electronic protected health information, or PHI and e-PHI, and to provide you with a Notice of our legal duties and privacy practices with respect to your PHI and e-PHI. We are required to abide by the terms of this version of this notice, most currently in effect.
 
     
  3.
MedCareLive.com may use PHI/e-PHI for the purposes of treatment, payment, and health care operations, in most cases without your written permission. Examples of our use of your PHI/e-PHI for these purposes are: For Treatment – This includes such things as verbal and written information that we obtain about you and use pertaining to your medical condition and treatment provided to you by us and other medical personnel including doctors who give orders to allow us to provide treatment to you. It also includes information we give to other healthcare personnel to whom we transfer your care and treatment. For Payment – This includes any activities we must undertake in order to get reimbursed for the services we provide to you, including such things as organizing your PHI/e-PHI and submitting bills for payment, utilization review, and collection of outstanding accounts.
 
     
  4.
Other ways in which with MedCareLive.com is permitted to use and/or disclose your PHI/e-PHI are: As Required by Law - We may use or disclose your PHI/e-PHI to the extent that federal, state, or local law requires the use or disclosure. When used in this Notice, “required by law” is defined as it is in the HIPAA Privacy Regulations. For Public Health Activities – We may use or disclose your PHI/e-PHI for public health activities that are permitted or required by law. For example, we may use or disclose information to a public health authority authorized to receive reports of child abuse or neglect. For Health Oversight Activities – We may disclose your PHI/e-PHI to a health oversight agency for activities authorized by law, such as audits, investigations, inspections, licensure or disciplinary actions, civil, administrative, or criminal proceedings or other activities. Oversight agencies seeking this information include government agencies that oversee (1) the healthcare system, (2) government benefit programs, (3) other government regulatory programs, and (4) compliance with civil rights laws. Reporting Abuse or Neglect – We may disclose your PHI/e-PHI to a government authority that is authorized by law to receive reports of abuse, neglect, or domestic violence. Additionally, as required by law, we may disclose to a government entity authorized to receive such information, if we believe that you have been a victim of abuse, neglect, or domestic violence. Legal Proceedings – We may disclose your PHI/e-PHI (1) in the course of any judicial or administrative proceeding (2) in the response to an order of a court or administrative tribunal to the extent such disclosure is expressly authorized (3) in response to a subpoena, a discovery request, or other lawful process, once we have met all administrative requirements of the HIPAA Privacy Regulations. Law Enforcement – Under certain conditions, we also disclose your PHI/e-PHI to law enforcement officials. Some of the reasons for such a disclosure may include, but not limited to: (1) it is required by law or some other legal process (2) it is necessary to locate or identify a suspect, fugitive, material witness, or missing person (3) it is necessary to provide evidence of a crime that occurred on our premises. For Research –We may disclose your PHI/e-PHI to researchers when an institutional review board or privacy board has (1) reviewed the research proposal and established protocols to ensure the privacy of the information and (2) approved the researched. Coroners, Medical Examiners, Funeral Directors, and Organ Donation – We may disclose PHI/e-PHI to a coroner or medical examiner for purposes of identifying a deceased person, determining a cause of death, or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose, as authorized by law, information to funeral directors so that they may carry out their duties. Further, we may disclose PHI/e-PHI to organizations that handle organ, eye, or tissue donation and transportation. To Prevent a Serious Threat to Health or Safety – Consistent with federal and state laws, we may disclose your PHI/e-PHI if we believe that the disclosure is necessary to prevent or lessen a serious and imminent threat to health or safety of a person or the public. We may also disclose PHI if it is necessary for law enforcement authorities to identify or apprehend an individual. Military Activity and National Security, Protective Services – Under certain conditions, we may disclose your PHI/e-PHI if you are, or were, Armed Forces personnel for activities deemed necessary by appropriate military command authorities. If you are a member of foreign military service, we may disclose your information to the foreign military authority. We also may disclose your PHI to authorized federal officials for conducting national security and intelligence activities, and for the protection of the President, other authorized persons, or heads of state. Inmates – If you are an inmate of a correctional institution, we may disclose your PHI/e-PHI to the correctional institution or to a law enforcement official for (1) the institution to provide health care to you (2) your health and safety and the health and safety of others, or (3) the safety and security of the correctional institution. Worker’s Compensation – We may disclose your PHI/e-PHI to comply with worker’s compensation laws and other similar programs that provide benefits for work related injuries or illnesses. Others Involved in Your Health Care (TAMU CIRT) – Unless you object in writing we may disclose your PHI/e-PHI to a friend or family member that you have identified as being involved with your health care. We also may disclose your information to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status, and location. If you are not present or able to agree to these disclosures of your PHI/e-PHI, then we may, using our professional judgment, determine whether the disclosure is in your best interest.
 
     
  5.
The following is a description of the disclosures that we are required by law to make. Disclosures to the Secretary of the U.S. Department of Health and Human Services – We are required to disclose your PHI/e-PHI when the Secretary is investigating or determining our compliance with HIPAA Privacy Regulations. Disclosure to You – We are required to disclose to you most of your PHI in a “designated record set” when you request access to this information. Generally a “designated record set” contains medical and billing records as well as other records that are used to make decisions about your health care benefits. You also have the right to request to view your e-PHI in electronic form. We are also required to provide, upon your request, an accounting of most disclosures of your PHI/e-PHI.
 
     
  6.
Other uses and disclosures of your PHI/e-PHI that are not described above will be made only with your written authorization. If you provide us with such an authorization, you may revoke the authorization in writing, and this revocation will be effective for future disclosures of PHI/e-PHI. However, the revocation will not be effective for information that we have used or disclosed relying on the authorization.
 
     
  7.
The following is a description of your rights with respect to your protected health information. Right to Request a Restriction – You have the right to request a restriction of the PHI/e-PHI we use or disclose about you for treatment, payment or health care operations. We are not required to agree to any restriction that you request unless you have paid the provider in full, out of pocket, at the time of the request. If we do agree to the restriction, we will comply with the restriction unless the information is needed to provide treatment to you. Right to Request Confidential Communications - If you believe that a disclosure of all or part of your PHI/e-PHI may endanger you, you may request that we communicate with you regarding your information in an alternative manner or at an alternative location. For example, you may request that we contact you only at your work. Right to Inspect and Copy - You have the right to inspect and copy your PHI/e-PHI that is contained in the “designated record set.” However, you may not inspect or copy psychotherapy notes or certain other information. We may deny your request to inspect and copy your PHI/e-PHI in certain limited circumstances.   Right of Accounting – You have a right to an accounting of most disclosures of your PHI/e-PHI. An accounting will include the date(s) of disclosure, to which we made the disclosure, a brief description of the information disclosed, and the purpose of the disclosure PHI/e-PHI Breach Notification.
 
     
  8.
You also have the right to complain to us, or to the Secretary of the United States Department of Health and Human Services if you believe your privacy rights have been violated ( California Secretary of State, 1500 11th Street Sacramento, California 95814 (916) 653-6814)  You will not be retaliated against in any way for filing a complaint with us or to the government. Should you have any questions, comments, or complaints you may direct all inquiries to the privacy officer listed at the beginning of this notice. MedCareLive.com reserves the right to change the terms of this Notice at any time, and the changes will be effective immediately and will apply to all protected health information that we maintain. Any material changes to the Notice will be promptly posted in our facilities and posted on our web site, if we maintain one.