PRIVACY & TELEHEALTH POLICIES FOR MYDIABETESTUTOR℠, INC.
Notice of Privacy Practices
UNDERSTANDING YOUR HEALTH RECORD / INFORMATION
Each time you visit a hospital, physician, dentist, or other healthcare provider, a record of your visit is made. Typically, this record contains your symptoms, examination and test results, diagnoses, treatment, and a plan for future care or treatment.
This information, often referred to as your health or medical record, serves as a basis for planning your care and treatment and as a means of communication among the many health professionals who contribute to your care. Understanding what is in your record and how your health information is used helps you ensure its accuracy, better understand who, what, when, where, and why others may access your health information, and helps you make more informed decisions when authorizing disclosure to others.
YOUR HEALTH INFORMATION RIGHTS
Unless otherwise required by law, your health record is the physical property of the healthcare practitioner or facility that compiled it. However, you have certain rights with respect to the information. You have the right to:
• Receive a copy of this Notice of Privacy Practices from us upon enrollment or upon request.
• Request restrictions on our uses and disclosures of your protected health information for treatment, payment, and health care operations. This includes your right to request that we not disclose your health information to a health plan for payment or health care operations if you have paid in full and out of pocket for the services provided. We reserve the right not to agree to a given requested restriction.
• Request to receive communications of protected health information in confidence.
• Inspect and obtain a copy of the protected health information contained in your medical and billing records and in any other Practice records used by us to make decisions about you. If we maintain or use electronic health records, you will also have the right to obtain a copy or forward a copy of your electronic health record to a third party. A reasonable copying/labor charge may apply.
• Request an amendment to your protected health information. However, we may deny your request for an amendment if we determine that the protected health information or record that is the subject of the request:
• was not created by us, unless you provide a reasonable basis to believe that the originator of the protected health information is no longer available to act on the requested amendment;
• is not part of your medical or billing records;
• is not available for inspection as set forth above; or
• is accurate and complete.
In any event, any agreed-upon amendment will be included as an addition to, and not a replacement of, already existing records.
• Receive an accounting of disclosures of protected health information made by us to individuals or entities other than to you, except for disclosures:
• to carry out treatment, payment, and health care operations as provided above;
• to persons involved in your care or for other notification purposes as provided by law;
• to correctional institutions or law enforcement officials as provided by law;
• for national security or intelligence purposes;
• that occurred prior to the date of compliance with privacy standards (April 14, 2003);
• incidental to other permissible uses or disclosures;
• that are part of a limited data set (does not contain protected health information that directly identifies individuals);
• made to the patient or their personal representatives;
• for which a written authorization form from the patient has been received.
• Revoke your authorization to use or disclose health information, 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 other applicable law provides the insurer that obtained the authorization with the right to contest a claim under the policy.
• Receive notification if affected by a breach of unsecured PHI.
HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED
This organization may use and/or disclose your medical information for the following purposes:
Treatment:
We may use and disclose protected health information in the provision, coordination, or management of your health care, including consultations between health care providers regarding your care and referrals for health care from one provider to another.
Payment:
We may use and disclose protected health information to obtain reimbursement for the health care provided to you, including determinations of eligibility and coverage and other utilization review activities.
Regular Health Care Operations:
We may use and disclose protected health information to support functions of our practice related to treatment and payment, such as quality assurance activities, case management, receiving and responding to patient complaints, physician reviews, compliance programs, audits, business planning, development, management, and administrative activities.
Appointment Reminders:
We may use and disclose protected health information to contact you to provide appointment reminders.
Treatment Alternatives:
We may use and disclose protected health information to tell you about or recommend possible treatment alternatives or other health-related benefits and services that may be of interest to you.
Health-Related Benefits and Services:
We may use and disclose protected health information to tell you about health-related benefits, services, or medical education classes that may be of interest to you.
Individuals Involved in Your Care or Payment for Your Care:
Unless you object, we may disclose your protected health information to your family, friends, or any other individual identified by you when they are involved in your care or payment for your care. We will only disclose the protected health information directly relevant to their involvement. We may also disclose your protected health information to notify a person responsible for your care (or to identify such person) of your location, general condition, or death.
Business Associates:
Some services are provided through contracts with Business Associates. Examples include physician services in the emergency department, radiology, certain laboratory tests, and copy services. We may disclose health information to these Business Associates so they can perform services on our behalf. We require Business Associates to appropriately safeguard your information.
Organ and Tissue Donation:
If you are an organ donor, we may release medical information to organizations involved in organ procurement or transplantation as necessary to facilitate donation.
Worker’s Compensation:
We may release protected health information for programs that provide benefits for work-related injuries or illness.
Communicable Diseases:
We may disclose protected health information to notify a person who may have been exposed to a disease or may be at risk of contracting or spreading a disease.
Health Oversight Activities:
We may disclose protected health information to federal or state agencies that oversee our activities.
Law Enforcement:
We may disclose protected health information as required by law or in response to a valid court-ordered subpoena.
Military and Veterans:
If you are a member of the armed forces, we may release protected health information as required by military command authorities.
Lawsuits and Disputes:
We may disclose protected health information in response to a court or administrative order or other lawful process.
Inmates:
If you are an inmate of a correctional institution or under the custody of law enforcement, we may release protected health information to the correctional institution or law enforcement official. An inmate does not have the right to the Notice of Privacy Practices.
Abuse or Neglect:
We may disclose protected health information to notify appropriate government authorities if we believe a patient has been the victim of abuse, neglect, or domestic violence.
Fundraising:
Unless you notify us that you object, we may contact you as part of a fundraising effort. You may opt out by notifying the practice’s Privacy Officer.
Coroners, Medical Examiners, and Funeral Directors:
We may release protected health information to coroners, medical examiners, or funeral directors as necessary.
Public Health Risks:
We may disclose protected health information to public health authorities for disease control or prevention.
Serious Threats:
We may use and disclose protected health information if necessary to prevent or lessen a serious and imminent threat.
Food and Drug Administration (FDA):
We may disclose health information to the FDA as required by law.
Research (Inpatient):
We may disclose information to researchers when approved by an institutional review board.
OUR RESPONSIBILITIES
We are required to maintain the privacy of your health information and to provide you with this notice. We must follow the terms of this notice and reserve the right to change our practices. Revised notices will be made available upon request and posted on our website, if applicable.
Your health information will not be used or disclosed without your written authorization, except as described in this notice.
No user mobile SMS opt in will be sold or shared by third parties.
FOR MORE INFORMATION OR TO REPORT A PROBLEM
If you have questions or believe your privacy rights have been violated, you may contact:
My Diabetes Tutor
Edmaund Davis, Privacy Officer
880 W. 7th Street, Suite 103
Hanford, CA 93230
Tel: 844-623-0999
Fax: 844-306-5999
You may also file a complaint with:
U.S. Department of Health and Human Services
Office of the Secretary
200 Independence Avenue, S.W.
Washington, D.C. 20201
Tel: (202) 619-0257
Toll Free: 1-877-696-6775
http://www.hhs.gov/contacts
Telehealth Informed Consent
Telehealth involves the use of secure electronic communications, information technology, or other means to enable a healthcare provider and a patient at different locations to communicate and share individual patient health information for the purpose of rendering clinical care.
This Telehealth Informed Consent informs the patient (“patient,” “you,” or “your”) concerning the treatment methods, risks, and limitations of using a telehealth platform.
SERVICES PROVIDED
Telehealth services offered by My Diabetes Tutor, Inc. (“Group”), and the Group’s engaged providers (our “Providers” or your “Provider”) may include a patient consultation, diagnosis, treatment recommendation, prescription, and/or a referral to in-person care, as determined clinically appropriate (the “Services”).
My Diabetes Health, Inc. does not provide the Services; it performs administrative, payment, and other supportive activities for Group and our Providers.
ELECTRONIC TRANSMISSIONS
The types of electronic transmissions that may occur using the telehealth platform include, but are not limited to:
• Appointment scheduling, reminders, and notice of available benefits;
• Completion, exchange, and review of medical intake forms and other clinically relevant information (for example: health records; images; output data from medical devices; sound and video files; diagnostic and/or lab test results) between you and your Provider via:
• asynchronous communications;
• two-way interactive audio in combination with store-and-forward communications; and/or
• two-way interactive audio and video interaction;
• Treatment recommendations by your Provider based upon such review and exchange of clinical information;
• Delivery of a consultation report with diagnosis, treatment, and/or prescription recommendations, as deemed clinically relevant;
• Prescription refill reminders (if applicable); and/or
• Other electronic transmissions for the purpose of rendering clinical care to you.
EXPECTED BENEFITS
• Improved access to care by enabling you to remain in your preferred location while your Provider consults with you.
Telehealth services are available Monday through Friday, 9:00 a.m. to 5:00 p.m. PST, and Saturday or Sunday, 9:00 a.m. to 12:00 p.m. PST.
• Convenient access to follow-up care.
For non-emergent follow-up care related to your treatment, you may contact your Provider by calling, texting, or emailing; replying to text messages; or logging into your patient portal to send and receive messages.
• More efficient care evaluation and management.
Messages received from patients will be responded to within 72 hours via the provider portal.
SERVICE LIMITATIONS
• The primary difference between telehealth and direct in-person service delivery is the inability to have direct, physical contact with the patient. Some clinical needs may not be appropriate for a telehealth visit, and your Provider will make that determination.
• OUR PROVIDERS DO NOT ADDRESS MEDICAL EMERGENCIES.
If you believe you are experiencing a medical emergency, you should dial 9-1-1 and/or go to the nearest emergency room. Please do not attempt to contact My Diabetes Health, Inc., Group, or your Provider. After receiving emergency healthcare treatment, you should visit your local primary care provider.
• Our Providers are an addition to, and not a replacement for, your local primary care provider. Responsibility for your overall medical care should remain with your local primary care provider, if you have one.
• Group does not have any in-person clinic locations.
SECURITY MEASURES
The electronic communication systems used incorporate network and software security protocols to protect the confidentiality and integrity of patient information. All Services delivered through telehealth are provided over a secure connection that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
POSSIBLE RISKS
• Delays in evaluation and treatment could occur due to deficiencies or failures of equipment, technology, or Provider availability.
• In the event of an inability to communicate due to technological or equipment failure, please contact Group at (559) 530-3396 or [email protected].
• In rare events, your Provider may determine that transmitted information is of inadequate quality, requiring a rescheduled telehealth consult or an in-person visit.
• In very rare events, security protocols could fail, resulting in a breach of privacy of personal medical information.
PATIENT ACKNOWLEDGMENTS
I acknowledge and understand the following:
• Prior to the telehealth visit, I have been given an opportunity to select a Provider, including reviewing the Provider’s credentials, or I have elected to visit with the next available Provider and have been given my Provider’s credentials.
• If I am experiencing a medical emergency, I will be directed to dial 9-1-1 immediately, and my Provider is not able to connect me directly to local emergency services.
• I may choose to seek services from a medical group with in-person clinics as an alternative to telehealth services.
• I have the right to withhold or withdraw my consent to telehealth at any time without affecting my right to future care or treatment.
• Federal and state law require healthcare providers to protect the privacy and security of health information. I am entitled to all confidentiality protections under applicable law, and I understand that medical reports from telehealth visits become part of my medical record.
• Group will take steps to ensure my health information is not improperly disclosed. Telehealth may involve electronic communication of my health information to practitioners located in other areas, including out of state. I consent to the use and disclosure of my health information for treatment, care coordination, payment, and healthcare operations.
• Patient-identifiable images or information will not be shared for research or educational purposes without my consent unless authorized by law.
• There is a risk of technical failures during telehealth visits beyond the control of Group.
• Other persons may be present during the telehealth visit to operate or support the technology. I will be informed of their presence and role.
• My Provider will explain my diagnosis, the evidence supporting it, and the risks and benefits of treatment options.
• I have the right to request a copy of my medical records by contacting [email protected] or through the patient portal at
https://phr2.charmtracker.com/login.sas. Copies will be provided at a reasonable cost.
• I understand it is necessary to provide complete, accurate, and current medical information. I may access, amend, or review my information through the patient portal at any time.
• There is no guarantee that a prescription will be issued. Prescribing decisions are made in the professional judgment of my Provider. If a prescription is issued, I may choose my pharmacy.
• There is no guarantee that I will be treated by a Group Provider. Providers may deny care if Services are not medically or ethically appropriate.
ADDITIONAL STATE-SPECIFIC CONSENTS
The following consents apply to patients accessing Group’s website for telehealth consultations, as required by state law:
• Alaska: Complaint information available at the state medical board website.
• Iowa: Complaint information available at the state medical board website.
• Idaho: Complaint information available at the state medical board website.
• Indiana: Complaint information available at the state medical board website.
• Kentucky: Complaint information available at the state medical board website.
• Maine: Complaint information available at the state medical board website or the Maine Board of Osteopathic Licensure website.
• Oklahoma: Complaint information available at the state medical board website or the Oklahoma Board of Osteopathic Examiners website.
• Rhode Island: Complaint information available at the state medical board website.
• Texas: I have been informed of the following notice:'
NOTICE CONCERNING COMPLAINTS
Complaints about physicians and other licensees of the Texas Medical Board may be reported to:
Texas Medical Board, Attention: Investigations
333 Guadalupe, Tower 3, Suite 610
P.O. Box 2018, MC-263
Austin, Texas 78768-2018
Phone: 1-800-201-9353
Website: www.tmb.state.tx.us

