HIPAA notice of privacy practices

1. Who gives this notice

This notice describes how health information about you may be used and shared, and how you can get access to it. It is given by VirtualCare AI and by the clinicians who treat you through it.

Please read it carefully.

2. Your rights

When it comes to your health information, you have certain rights. This section explains them and some of our duties to help you.

• Get a copy of your health record. You can ask to see or get a copy of the health information we have about you, on paper or electronically. We will usually give you a copy within 30 days of your request, and may charge a reasonable cost-based fee.
• Ask us to correct your record. You can ask us to correct health information about you that you think is wrong or incomplete. We may say no, but we will tell you why in writing, usually within 60 days.
• Ask for confidential communication. You can ask us to contact you in a specific way (for example, by a different phone number) or to send mail to a different address. We will say yes to reasonable requests.
• Ask us to limit what we use or share. You can ask us not to use or share certain health information for treatment, payment or our operations. We are not required to agree, and we may say no if it would affect your care. If you pay for a service in full out of pocket and ask us not to share that information with your insurer for payment or operations, we will say yes unless a law requires us to share it.
• Get a list of those we have shared your information with. You can ask for a list (an accounting) of the times we have shared your health information in the six years before your request, who we shared it with, and why. We will include all disclosures except those about treatment, payment and operations, and certain others. We will give one accounting a year for free and charge a reasonable cost-based fee for another within 12 months.
• Get a copy of this notice. You can ask for a paper copy at any time, even if you agreed to receive it electronically.
• Choose someone to act for you. If someone is your legal guardian, or has medical power of attorney for you, they can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we take any action.
• File a complaint if you feel your rights are violated. You can complain to us using the contact below. You can also file a complaint with the US Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue SW, Washington, DC 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint.

3. Your choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

• In these cases you have both the right and choice to tell us to: share information with your family, close friends, or others involved in your care; share information in a disaster relief situation.
• If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
• In these cases we never share your information unless you give us written permission: marketing purposes; sale of your information; most sharing of psychotherapy notes.
• Texts. We text you about check-ins, appointments and replies only with your permission. A text never contains your condition, medicine or dose; it carries a prompt and a link, and the details are on your page after you sign in. Reply STOP to any text to opt out.

4. Our uses and disclosures

How do we typically use or share your health information? We typically use or share your health information in the following ways.

• Treat you. We can use your health information and share it with other professionals who are treating you. For example, your clinician reads your assessment and check-ins; the clinician may search your state's prescription monitoring programme and, with your consent, a pharmacy history network; and prescriptions go to the pharmacy you choose. Our AI model provider processes your information to summarise and draft for your clinician, as described in our Terms.
• Run our organization. We can use and share your health information to run our practice, improve your care, and contact you when necessary. For example, we use it to manage your treatment and to check the quality of our service.
• Bill for your services. We can use and share your health information to bill and get payment from health plans or other entities. For example, we check your insurance coverage with your plan, and we use a payment processor for your monthly payment.
• How else can we use or share your health information? We are allowed or required to share your information in other ways, usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes.
• Help with public health and safety issues. For example: preventing disease; helping with product recalls; reporting adverse reactions to medications; reporting suspected abuse, neglect, or domestic violence; preventing or reducing a serious threat to anyone's health or safety.
• Do research. We can use or share your information for health research, under the conditions the law sets.
• Comply with the 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 are complying with federal privacy law.
• Respond to organ and tissue donation requests. We can share health information about you with organ procurement organizations.
• Work with a medical examiner or funeral director. We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
• 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; for special government functions such as military, national security, and presidential protective services.
• Respond to lawsuits and legal actions. We can share health information about you in response to a court or administrative order, or in response to a subpoena.
• State law. Some states give health information more protection than federal law does, and we follow the stricter rule where it applies.

5. Our responsibilities

• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
• We must follow the duties and privacy practices described in this notice and give you a copy of it.
• We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

6. Text messages and your mobile number

Mobile information. We do not share, sell or rent your mobile number or text-messaging consent to third parties or affiliates for their marketing or promotional purposes. Text-messaging originator opt-in data and consent will not be shared with any third parties.

We text you only if you agreed on our assessment form, and you can reply STOP to any text to stop them. We record when and how you agreed. A text never contains your condition, medicine or dose.

7. Changes to the terms of this notice

We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available on request and on this page.

8. Who to contact

To use any of your rights, ask a question about this notice, or make a complaint, contact our privacy contact at care@tryvirtualcare.com or 833-761-2028.