Last updated: April 30, 2018, Version 6.0
In the event your employer has a written agreement with respect to the Services, that written agreement governs the relationship between your employer and 98point6.
98point6 makes no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of information, opinions, data or content contained on the Websites and Services, and shall not be bound in any manner by any information contained on the Websites or Services. 98point6 reserves the right to change the content or discontinue without notice, at any time, any aspect or feature of the Websites or Services.
Aside from personalized information you receive directly from 98point6 medical providers through the Services, the content of the Websites and Services is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, treatment or recommendations of any kind. Reliance on any information appearing on the Websites or Services is solely at your own risk.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. 98point6 is not appropriate to address emergency or life-threatening medical conditions, and should not be used as such. 98point6 may direct you to an emergency room or other appropriate facility at any time.
Consent to Treat
By accessing or using our Websites or Services, you consent to receive medical care from 98point6 medical providers using electronic interactive audio, video or data communications, specifically through use of the Websites and Services, where such medical care may include diagnosis, consultation, treatment, and transfer of electronic medical records (each instance, a “telemedicine consultation”). You understand and agree to be treated via a telemedicine consultation, which inherently includes limitations presented by a virtual (non in-person) visit. You agree to accurately disclose your location prior to participating in a telemedicine consultation using the Websites and/or Services. 98point6 medical providers will only be permitted to provide a telemedicine consultation to you if you are located in a state and jurisdiction in the United States in which such 98point6 medical providers are duly licensed to practice medicine. 98point6 does not warrant nor otherwise guarantee the availability of a 98point6 medical provider to you. 98point6 medical providers may have a financial interest in 98point6.
During your telemedicine consultation, you consent to the following:
a) Details of your medical information may be discussed with you and 98point6 medical providers through the use of electronic interactive audio, video or data communications technology;
b) Virtual examination of you may take place;
c) Non-medical personnel may be present in the telemedicine studio, either physically or virtually, to aid in delivery of Services; and
d) Video, audio, data, and/or digital photo may be recorded during the telemedical consultation.
All existing laws regarding your access to medical information and copies of your medical records apply to your telemedicine consultation. Reasonable and appropriate efforts will be made to eliminate any confidentiality risks associated with your telemedicine consultation. All existing confidentiality protections under applicable federal and state law apply to information disclosed during your telemedicine consultation. By accessing or using our Websites or Services, you understand that there are risks and consequences from telemedicine, including, but not limited to, the possibility that the transmission of your medical information could be disrupted or distorted by technical failures, the transmission of your medical information could be interrupted by unauthorized persons and/or that the electronic storage of your medical information could be accessed by unauthorized persons.
You may withhold or withdraw consent to the telemedicine consultation at any time without affecting your right of future care or treatment.
The Websites, the Services and their entire contents, features and functionality (including, but not limited to, all information, software, algorithms, displays, images, text, video, and audio and the design, selection and arrangement thereof) are the property of 98point6 and/or its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 98point6 reserves all rights in this regard. Nothing contained in the Websites or Services should be construed as granting any license or other right without the express written consent of 98point6.
Links to Other Websites
The Websites may contain links to third-party websites for your convenience. 98point6 is not responsible for the content of such third-party websites and does not make any representations regarding such websites. Use of or reliance on such third-party websites is at your sole risk.
We reserve the right to request proof of age at any point so we can verify that individuals under 18 years of age are not using the Websites or Services. If we become aware that an individual under 18 years of age is using the Websites or Services, we may prohibit and block such individual from using the Websites or Services.
At this time, 98point6 does not treat patients presenting with issues or injuries related to Workers’ Compensation as outlined by the Department of Labor. You agree that you will not use the Websites or Services to seek care for an issue or injury arising from a Workers’ Compensation claim.
You agree not to:
- Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
- Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use these Websites or any of its contents in any way for any public or commercial purpose.
- Reverse engineer, disassemble or decompile any software included in connection with the Websites or Services.
- Use the Websites or Services for any purpose in violation of local, state, national, or international laws.
- Use the Websites or Services as a means to distribute or post advertising or other unsolicited material to any third-party
- Impersonate any person or entity or falsely represent your identification or affiliation.
- Distribute viruses or other harmful computer code.
- Harvest or otherwise collect information about others.
- Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
- Interfere with the operation of the Websites or Services.
- Copy or distribute in any medium any part of the Websites or Services.
If we become aware that an individual is using the Websites or Services in violation of these Terms, we may prohibit and block such individual from using the Websites or Services.
Registration and Security
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Websites and Services if login credentials are shared. You are responsible for maintaining the confidentiality of your own password.
Health Savings Account Customers
If you are not affiliated with an employer 98point6 contracts with to provide you Services as part of a group health plan, you acknowledge and agree that 98point6 does not have the obligation to verify your Health Savings Account (“HSA”) status and/or eligibility. If you are eligible for an HSA and/or do contribute to a HSA, check with your benefits administrator to ensure payment for the Services under a Personal Plan will not materially affect your eligibility under your HSA benefits, including future contributions to the HSA.
Payments – Use of Stripe
You understand that 98point6 uses the Stripe API to process payments through the Websites and Services. Payment processing services for Websites and Services are provided by Stripe and are subject to the Stripe Connected Account Agreement (as provided on the Stripe website) and Stripe Terms and Services (as provided on the Stripe website). By agreeing to these terms or continuing to utilize the Websites and Services, you agree to be bound by the above referenced Agreements, and agree that the same Agreement may be modified by Stripe from time to time. As a condition of 98point6 enabling payment process services through Stripe, you agree to provide 98point6 accurate and complete information about you and your payment information and you authorize 98point6 to share it and transaction information related to your use of the payment processing services provided by Stripe.
You understand and agree not to hold 98point6 liable for any adverse effect that actions (whether intentional or unintentional) may cause to any other accounts you hold. You agree to not process stolen credit cards or unauthorized credit cards through your Stripe and/or your 98point6 account.
You agree that only one account per year at the introductory rate of $20/year is permitted per user. You agree that you will not use alternate identifying information to create more than one user account per annual subscription.
During the first year of the subscription offering for a promotional cost of $20/year and during the second year of the subscription offering at a cost of $120/year, 98point6 will issue you a full refund if requested only if you have not yet had a medical visit or encounter in which one of the following occurred, even if no prescription was given:
- Medical care was provided (i.e., physician provided a diagnosis and a care plan was sent).
- Medical care was requested, the encounter completed, but the 98point6 PC physician was not able to provide adequate care and referred the patient to another PCP or a specialist.
- Return of lab results requiring physician consultation, diagnosis and/or treatment plan.
In the second year of the subscription offering at a cost of $120/year, if a visit or encounter has occurred based on the above criteria and a refund is requested, 98point6 will issue a pro-rated refund based on the annual cost minus the months that have been active. Service will continue through the end of the month of which cancellation or refund is requested. HSA patients will not be refunded any fees paid for any visits already rendered.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES OR SERVICES IS AT YOUR SOLE RISK. 98POINT6 DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 98POINT6 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
CERTAIN PORTIONS OF THE SERVICES MAY BE PERFORMED BY 98point6 Physicians PC contracted group (“98POINT6 PC”). 98POINT6 PC IS A MEDICAL PRACTICE AND ORGANIZATION. 98POINT6 PC PROVIDERS PROVIDE THE MEDICAL SERVICES INCLUDING ASSESSMENT, DIAGNOSIS AND TREATMENT OR REFERRAL, AS APPROPRIATE, OF ANY ILLNESS DISEASE, OR ADVERSE MEDICAL CONDITIONS.
98POINT6 IS NOT A MEDICAL PRACTICE. 98POINT6 IS NOT A MEDICAL ORGANIZATION. THE TECHNICAL SERVICES AND PROFESSIONAL SERVICES ARE NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION, AND SHOULD NOT BE CONSIDERED THE PRACTICE OF MEDICINE, AND ARE NOT THE DOCUMENTATION OF MEDICAL ADVICE OF ANY KIND.
98POINT6 AND 98POINT6 PC ARE NOT INSURANCE. NEITHER 98POINT6 NOR 98POINT6 PC ARE ENGAGED IN THE BUSINESS OF INSURANCE, AND NEITHER THIS AGREEMENT NOR ANY ORDER IS OR SHALL BE A CONTRACT FOR INSURANCE. THE FEE EARNED BY 98POINT6 DOES NOT COVER THE PROVISION OF MEDICAL SERVICES. THE FEE EARNED BY 98POINT6 PC SHALL COVER THE PROVISION OF MEDICAL SERVICES BY 98POINT6 PC AND ITS PROVIDERS ONLY, AND SHALL NOT COVER THE COST OF ANY DIAGNOSTIC TESTS, PRESCRIPTION MEDICATIONS OR MEDICAL DEVICES, OR SPECIALTY MEDICAL SERVICES RENDERED BY ANY THIRD-PARTY.
98POINT6 AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES (INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN) OR SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR SERVICES IS TO STOP USING THE WEBSITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF 98POINT6 TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITES OR SERVICES IS THE GREATER OF $100 USD OR THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
“Confidential Information” includes all confidential or proprietary aspects of the Services, including any of its features and functionalities, in addition to any information you submit through the Services that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal information or health information).
The Parties agree that any breach of this section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief.
You agree to defend, indemnify and hold harmless 98point6 and its officers, employees, directors, subsidiaries, affiliates, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Websites or Services.
Dispute Resolution; Binding Arbitration
The arbitrators, 98point6, and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and 98point6 agree that for any arbitration you initiate, you will pay the filing fee and 98point6 will pay the remaining JAMS fees and costs. For any arbitration initiated by 98point6, 98point6 will pay all JAMS fees and costs. You and 98point6 agree that the state or federal courts of the State of Washington and the United States sitting in Seattle, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by emailing firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this section.
98point6 has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you regarding the Product or the Platform (“Feedback”), and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict 98point6’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you, or provide you with any rights in the Product or Platform. 98point6 will only publish your name or other identifying information in connection with any testimonial with your prior approval.
If 98point6 services were offered to you at no cost or at a discounted rate, any public or other published review, comment or testimonial about 98point6 must include a statement indicating that the 98point6 services were provided as such. In any incentives were offered to you for any public or other published testimonial, the disclosure of such incentives is required by you in the testimonial. 98point6 may republish any public or other published review, comment or testimonial about 98point6 on its website or in other media and the appropriate attribution to the original source of the publication will be cited by 98point6.
Promotional Customers shall have full access to 98point6 services and shall receive the same level of service as full paying customers. 98point6 will direct customers receiving a promotional price on how to access the promotion. For example, 98point6 may provide a promo code that must be entered during the registration process to be access the promotion. Any public or other published review, comment or testimonial about 98point6 must include a statement indicating that the 98point6 services were provided at no cost or a discount. If you are an employee of 98point6, your participation is NOT a requirement in order to obtain or continue employment, and the services are provided outside of the terms and conditions of employment.
Responsibility for Security Devices
You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals (“Informations System(s)”). In the event you are accessing the Websites and Services through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep secure your ID and password at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws , rules, or regulations (“Applicable Laws”), and ensure adequate security of your Information Systems. Each of you and Us agree to notify the other of any violation of data security of which you and Us become aware.
Cap on Annual Encounters
You acknowledge and agree that within a twelve (12) month period beginning on the date of your first encounter, you are limited to thirty-six (36) encounters per twelve (12) month period as a part of your subscription plan through your employer or as purchased as a personal plan through 98point6. Additional encounters can be purchased on an a la carte basis. The limitation of thirty-six (36) encounters per twelve (12) month period does not apply to individuals paying a per-visit fee associated with a Health Savings Account (HSA).
Last Modified: April 30, 2018, Version 6.0
3. Contact Information
4. Individuals Under the Age of 18
The Software, Websites and Services are not intended for individuals under 18 years of age, and we do not knowingly collect Personal Information from individuals under 13 years of age.
5. Personal Information We Collect or Maintain
The Personal Information we collect or maintain includes information you submit through our Websites, Software or Services such as name, email address, phone number, residence, age, professional credentials and experience and other information you submit.
The Personal Information we collect or maintain when you use the Software, Websites or Services includes:
- Information you provide when you register, including your name, email address, phone number, physical address, demographic information, profile photo, account authentication credentials
- Information you provide relating to your health and health history
- Other information you submit through the Websites, Software or Services as well as information generated through your use of the Websites, Software, or Services, such as your diagnosis, care plan, and transcripts of text chats associated with your visits
- Third party website, network, platform, server, and/or application information (e.g., Facebook, Tune).
- Usage activity concerning your interactions with the Website and Services and/or other third-party websites, networks, platforms, servers, or applications accessed through the Website and/or the App (e.g., number of clicks on a page, identity of third-party websites, networks, platforms, servers and applications being accessed through the Websites or Services.
- Usage activity concerning products and services provided to or accessed by you on or through the Website or Services (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections).
- Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Website or Services, or which are accessed via your public or linked social media pages (e.g., Facebook).
6. Online Tracking and Information We Collect Automatically
We currently do not respond to “Do Not Track” requests across all parts of our Websites and Services.
By visiting, accessing or using the Website or Services, you acknowledge and agree in each instance that you are giving 98point6 permission to monitor or otherwise track your activities on the Website or Services, and that 98point6 may use the technologies and/or other tracking, data aggregation and data analysis technologies described in this policy.
As you use the Websites or the Software or Services, we may use technologies that automatically collect and analyze information, such as your device’s IP address, the type of device you are using, browser type and version, time and date of visit, time spent on those pages and additional usage statistics. We may also collect device and advertising identifiers, pages that you visit before and after using the Services, the date and time of your visit, information about the links you click and pages you view within the Services, and other standard server log information.
We also use other analytic tools and services, which are offered by third parties, to track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Some of the analytic tools and services which we might use are through Facebook and TUNE. 98point6 may also use other third-party analytic tools and services. The use of information collected about you and your visits by Facebook and TUNE is governed by their policies.
We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
7. Blocking Tracking
To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit their respective websites. You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising.
You can prevent Google Analytics from recognizing you on future visits to the Software or Websites by disabling cookies in your browser or by installing the Google Analytics Opt-out Browser Add-on.
You may learn more about the End User Opt Out process for TUNE by clicking here. If you opt out, you will still receive ads but they may not be as relevant to you and your interests, and your experience on our Services may be degraded.
There are also ways to restrict Facebook tracking in your account Settings.
8. How We Protect Personal Information
We strive to implement reasonable and appropriate physical, technical and administrative measures to protect information under our control. However, no method of transmission or electronic storage is fully secure, and we cannot guarantee absolute security.
9. Use of Personal Information
Subject to applicable legal restrictions, we may use your Personal Information to:
- Provide you with the Services
- Send you follow-up communications related to the Services
- Improve the quality of the Software, Services or Websites
- Create new Software, Services or Websites
- Create De-Identified Information
- Market the Websites, Software and Services to you
- Fulfill any purpose for which you give us authorization
- Improve the Website or Services and/or their respective content, features and/or services
- Improve the products, services, marketing and/or promotional efforts of 98point6
- Create new products, services, marketing and/or promotions for 98point6
This includes sending you emails, mail, SMS messages and push notifications to communicate about the Services you receive and give you updates, such as alerts about messages in your account, status of care plans or prescriptions or to request your feedback on your experience. You can opt out of receiving email marketing by unsubscribing using the unsubscribe link provided in all of our email communications. You can unsubscribe from text messages by following instructions for unsubscribing and can manage push notifications in the Settings menu of your device.
10. Disclosure of Personal Information
Subject to applicable legal restrictions, we may share Personal Information that you provide or that we collect:
- To subsidiaries, affiliates and business associates
- To various contractors, service providers and other third-parties we use to support our business who are contractually obligated to keep Personal Information confidential and use it only for the purposes for which we disclose it to them (such third-parties include, but are not limited to, websites hosting providers, data hosting providers, customer support providers, communications vendors and various other IT service providers)
- As required by law, including in response to a court order
- When we reasonably believe that such disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud or to respond to a government request
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of 98point6’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Software, Services or Websites is among the assets transferred.
- For any other purpose that we disclose to you when you provide the information
11. Requesting Access and Changes to Your Personal Information
You can contact us by submitting an inquiry via our Contact Us form to request access to, correct, modify or delete Personal Information that you have provided to us. Note that we may be required, by law or otherwise, to keep certain information, in which case we will comply with your deletion request only after we have fulfilled such legal requirements. When we delete Personal Information, it may remain in our archived data.
12. Patients in Texas
If you wish to complain to the Texas Medical Board, please do so in writing. Provide full name and practice address of practitioner. Also, provide dates and details of any incident, being as specific as possible. If your complaint is within the Board’s jurisdiction, it will be assigned for proper study. Complainants are advised of an investigation status approximately every 90 days until final action is taken.
To place a complaint: Submit your complaint electronically via the Online Complaint Form, or print the COMPLAINT FORM and mail it in, or call the Complaint Hotline 1-800-201-9353 and follow the automated prompts to request a complaint form.
NOTICE OF PRIVACY PRACTICES
Last Modified: April 30, 2018, Version 6.0
This Joint Notice of Privacy Practices (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 is being provided to you on behalf of 98point6 Inc., and the 98point6 Physicians Professional Corporations (collectively referred to herein as “we” or “our”).
We are committed to protecting the confidentiality of your health information. We are required by law to maintain the privacy of your Protected Health Information (commonly called PHI or health information), including PHI in electronic format. We are also required to notify you of our legal duties and privacy practices regarding your health information and abide by the practices of this Notice, unless more stringent laws or regulations apply. This Notice applies to all 98point6 services and providers that provide healthcare to you.
If you have any questions about this notice, please contact 98point6 using the contact information below
J. Claire Carbary
Associate General Counsel
701 5th Avenue
Seattle, WA 98104
We keep a record of the healthcare services we provide you. You may ask us to see and copy that record. You may also ask us to correct that record. We will not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so. You may see your record or get more information about it by contacting us at email@example.com. Your records may be destroyed after the applicable retention period per applicable state and/or federal law.
EFFECTIVE DATE AND CHANGES TO THIS NOTICE
This current Notice takes effect on the Last Modified Date listed above and will remain in effect until it is replaced. We may change this notice at any time. If the Notice changes, the new terms will apply to all of the information that we maintain, including information created or received before the change was made. Updated versions of this notice will be posted on the 98point6 website with the updated effective date and significant updates will be presented to you the next time you use the Software or Service.
Inspection and Copies
You can ask to see or get an electronic or paper copy of your medical record and other health information that we have about you by submitting a Patient Authorization to Release Medical Record form. You can request this by using our Contact Us form on the website. We will provide a copy or a summary of your health information. A reasonable, cost-based fee may be charged to do this. We will notify you of the cost involved and you will have the chance to change or withdraw your request at that time before any charges.
If you think health information we have about you is incorrect or incomplete, you may ask 98point6 to correct the information. To request an amendment, complete and submit a medical record amendment/correction request to 98point6. You can initiate this process by using the Contact Us form on the website and requesting to make a change to your medical record and we will provide instructions to you about how to make the request. If 98point6 corrects the information as you requested, we will inform you. 98point6 may say “no” to your request, but will tell you why in writing. You have the right to add a statement to your record if this happens.
You can ask 98point6 to contact you in a specific way (for example, send email to a different address). 98point6 will accommodate all reasonable requests.
You can ask 98point6 not to use or share certain health information for treatment, payment or our operations. 98point6 is not required to agree to your request, and may not be able to accommodate if it would affect your care. If you pay for a service or healthcare item out-of-pocket in full, you can ask 98point6 not to share that information for the purpose of payment or our operations with your health insurer. 98point6 will accommodate unless a law requires us to share that information.
Accounting of Disclosures
You can ask for a list “accounting” of the times 98point6 has shared your health information for six years prior to the date you ask, who it has been shared with and why. 98point6 will include all the disclosures except for those about treatment, payment and health care operations, and certain other disclosures (such as any you asked us to make). 98point6 will provide one accounting per year for free but will charge a reasonable, cost-based fee for additional requests within 12 months.
You can ask for a paper copy of this notice at any time, even if you have agreed to receive it electronically. You may also find a copy of this Notice on our website. To obtain a paper copy, contact 98point6 by emailing firstname.lastname@example.org.
You have the right to be notified in the event that 98point6 (or a 98point6 business associate) discovers a reportable breach of unsecured health information.
You can complain if you feel 98point6 has violated your rights using the contact information above. You can file a complaint with our office or with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to:
200 Independence Avenue, S.W.
Washington, D.C. 20201
You can also call them at 1-877-696-6775 or visit www.hhs.gov/ocr/privacy/hipaa/complaints/.
98point6 will not retaliate against you for filing a complaint.
USES AND DISCLOSURES OF HEALTH INFORMATION
98point6 will use and disclose health information in the following ways:
98point6 may use self-reported health information about you to provide you with medical treatment or services. To the extent permitted by HIPAA, 98point6 may disclose health information about you to doctors, nurses, technicians, staff or other personnel who are involved in taking care of you and your health. In addition, 98point6 may share information about you and disclose information to people who do not work for 98point6 in order to coordinate care and further your treatment, for example, sending prescriptions to your pharmacy.
Health Care Operations
In accordance with HIPAA, 98point6 may use and disclose health information about you in order to run 98point6 and make sure that you and our other patients receive quality care. This may include 98point6 sending you surveys or questionnaires to request your feedback about our software and services. You can opt out of these types of communications at any time.
98point6 will use your health information for research. You may be asked to authorize specific uses in a HIPAA authorization and study consent form.
98point6 will use your health information to develop new software products. We may contact you for feedback about the software or our services as part of our product development. You can always opt-out of these communications. You may be asked to authorize specific uses in a HIPAA authorization form.
98point6 will use your information, such as demographic and contact information, and information about your healthcare to identify programs, initiatives and information that are likely to interest you and contact you about those programs, initiatives or information. You may be asked to authorize specific uses in a HIPAA authorization.
98point6 does not receive any payment for sharing your information. 98point6 will not provide your information to unrelated parties for their own marketing and will not use this information for telephone solicitations. 98point6 does not and will not sell patient lists to third-parties for their own marketing activities.
98point6 is permitted to use and disclose your health information upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke an authorization at any time.
As Required by Law
98point6 may use and disclose your health information to the extent required by law.
The following categories describe unique circumstances in which 98point6 may use and disclose your health information:
Help with public health and safety issues
98point6 may use and disclose health information about you for certain situations such as: 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.
Respond to Organ and Tissue Donation
98point6 may release health information to organizations that handle organ procurement.
Military, Veterans, National Security and Intelligence
If you are or were a member of the armed forces, or part of the national security or intelligence communities, 98point6 may be required by military command or other government authorities to release health information about you. 98point6 may also release information about foreign military personnel to the appropriate foreign military authority.
Address Workers’ Compensation, law enforcement and other government requests
98point6 may use or share information about you in the following circumstances: for worker’s 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.
Work with Coroners, Medical Examiners and Funeral Directors
98point6 may release health information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death.
Respond to Lawsuits and Legal Actions
98point6 may share your health information in response to a court or administrative order, or subpoena.
Information Not Personally Identifiable
98point6 may use or disclose health information about you in a way that does not personally identify you.