Notice of Privacy Practices

Effective Date: October 11, 2022 Version 9.2

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.

This Notice of Privacy Practices (“Notice”) is being provided to you on behalf of 98point6 Physicians PC, its subsidiaries and affiliated entities (together “98point6”), including 98point6 employees and healthcare clinicians (collectively referred to in this Notice as “we”, “our”, or “us”).

I. What Is This Notice?

This Notice describes your legal rights, our legal responsibilities, and our privacy practices related to your protected health information (“PHI”) that may be collected, created, received, shared, and/or stored by 98point6. To be clear, your PHI includes information about your health and healthcare (such as medical records), your personal identifiers (such as your name, phone number, address, and geolocation during a 98point6 visit), and your billing and payment information.

II. Our Responsibilities

98point6 is committed to protecting patient PHI, in accordance with various state and federal standards, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). For more information about HIPAA, you can visit: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

We are required by law to maintain the privacy and security of your PHI. If ever the privacy or security of your PHI is compromised by a data breach, we will notify you promptly.

We must also follow the legal duties and the privacy practices described in this Notice. We will not use or share your information other than as described here, unless you tell us we can in writing. You can change your mind at any time by letting us know in writing.

To receive a copy of this Notice, please Contact Us or to view a copy of this Notice on our website, please visit www.98point6.com/legal-and-privacy.

III. Who Can You Expect Will Follow This Notice?

Please know, 98point6 as a whole understands and respects that your health information is personal. As such, this Notice applies to all 98point6 healthcare services and our employees.

This means all 98point6 healthcare clinicians (including physicians, nurses, therapists, clinic support staff, and coaches) and 98point6 employees (including contracted personnel, interns, residents, and volunteers) are subject to the privacy practices described below.

IV. Your Rights

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

Your Right to See and Obtain Copies of Your Health Information.

A benefit of text-based care is the creation of visit chat transcripts. Where applicable, you should be able to access the chat transcripts for your 98point6 visits, as well as related care plans, by navigating to the “History” tab in your 98point6 account within the 98point6 App. You can access this information at any time after your visit, especially if you would like to review your clinician’s instructions or review resources provided by your clinician.

If you (or your legally authorized representative) would like to request to see or get an electronic or paper copy of your medical record and your other PHI for your records or to send to third-party healthcare providers or other entities, you can submit your request using this Medical Records Authorization Form.

Once a request is received, we will provide a copy and/or summary within the time frames established by law, typically within 30 days. We may charge a reasonable cost-based fee to cover, for example, applicable copying or mailing costs.

In certain limited circumstances, we may deny your request to see or receive your PHI. If your request is denied, we will inform you in writing of our reasons for denying your request and explain how you may request a review of that decision, if applicable.

Your Right to Ask Us to Correct or Update Certain PHI.

If you believe that the information we have about you is incorrect or that a piece of important information is missing from your health records, you may submit an amendment request to 98point6. To do so, you must Contact Us in writing, identifying the specific correction, update, or addition you are requesting, as well as your reason for making such request.

We will review all requests. In some situations, we may ask for additional information. Also, we may say “no” to your request, but we will let you know the reason for our decision in writing within 60 days. Please note, any future disclosures of the disputed information will include your written disagreement statement.

If we make your requested change(s), we will notify you when the change(s) has/have been made to your PHI.

Your Right to Request How We Send Your PHI to You.

There may be times when you want to change how and where you receive confidential communications from 98point6. For example, you may wish for us to contact you at a different email address or phone number, or you may prefer paper-based mail sent to a specific mailing address. You can submit these types of requests in writing when you Contact Us. Please be sure to send us complete and accurate information. We will say “yes” to all reasonable requests.

Your Right to Ask Us to Limit What We Use or Share.

You may ask us not to use or share certain PHI for treatment, payment, or our healthcare operations. To submit a request, you must Contact Us in writing. We are not required to agree to your request, and we may deny your request if it would affect your care.

Your Right to Request an Accounting of Certain Disclosures.

You can request a list (or an “accounting”) of certain disclosures of your PHI for up to six years prior to the date of your request, including who we shared it with, and why. We will include all PHI disclosures except for those about treatment, payment, and healthcare operations, and certain other disclosures (such as any that you asked us to make).

To get this list, you must Contact Us in writing. We will provide you with one free accounting once every 12 months. Additional requests may be charged a reasonable, cost-based fee.

Your Right to Choose Someone to Act for You.

If you have a legally authorized healthcare representative, such as a legal guardian, that person will need to show proof of their authority to act on your behalf. Once provided, your healthcare representative will be able to exercise your rights and make choices related to your PHI.

Your Right to Receive This Notice.

You can view a copy of this Notice on our website (www.98point6.com/legal-and-privacy). You can ask for a paper copy of this Notice at any time, even if you have agreed to receive electronic notifications. Please Contact Us to submit your request.

Your Right to File a Complaint If You Feel Your Rights Are Violated.

You can complain if you feel we have violated your rights by contacting us. You can email the 98point6 Privacy Team (privacy@98point6.com), message us using this Contact Us Form, or call our Privacy Line (1-844-224-8588).

You can also file a complaint 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, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.

Please know, we want to hear from you if you have a complaint. We will not retaliate against you for filing a complaint.

V. 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 payment for your care
  • Share information in a disaster relief situation
  • Contact you for fundraising efforts
  • Share information with other healthcare providers involved in your care or treatment

If you are not able to tell us your preference, for example if you are unconscious or unresponsive, 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.

Please know that we never share your information, unless you give us written permission, for marketing purposes or to sell your information.

VI. Our Uses and Disclosures of Your PHI

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

98point6 collects, creates, and stores PHI in an electronic medical record and its internal systems. Additionally, when we contract with third parties to perform certain services for us, such as billing or consulting, these third-party service providers, known as Business Associates, can access PHI to perform these services on our behalf. They are required by law, and their agreements with us, to protect your PHI in the same way we do.

Uses and disclosures Related to Your Care

The following categories describe different ways that we use and disclose your PHI that are related to how you receive care. We have provided you with examples in certain categories; however, this list of uses and disclosures may not be exhaustive. Except where prohibited by federal or state laws requiring special privacy protections, we may use and disclose your PHI without your prior authorization for treatment, payment, and health care operations as follows:

    1. Treatment. We may use or disclose your PHI to provide you with medical treatment and related services. We may use or disclose your PHI and share it with other professionals who are treating you.

    Example: A clinician treating you for an injury asks another clinician about your overall health condition.

    2. Payment. We may use and share your PHI to bill and receive payment from health plans or other entities for services provided to you.

    Example: We give PHI about you to your health insurance plan to process and pay for the services provided to you.

    3. Health Care Operations. We may collect, use, and share your PHI to operate 98point6, improve your care, and contact you when necessary. As part of our health care operations, we may collect and share your PHI with our accountants, attorneys, consultants, and others to ensure we are complying with laws applicable to us. We may also share your PHI with other health care providers and plans for their business operations if they have or had a patient relationship with you.

    Additionally, to improve your care experience, we may send you surveys or requests for feedback regarding our services. You may opt out of these types of communications by following the instructions provided in the survey or feedback request; however, please know, we will continue to communicate with you about the care and services you have received or have scheduled.

    Example: We use your PHI to review the quality of services you received or the performance of the professionals who provided care to you.

    4. Appointments and Services. We may contact you to remind you of an appointment or provide a test result. You may ask us to contact you in a specific way (for example, home or mobile phone) or to send postal mail to a particular address. We may also contact you to provide you with information about treatment alternatives or other services and benefits we offer.

Uses and disclosures related to your PHI

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. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

    1. Contacting You. We may use and disclose health information to reach you about appointments and other matters, like lab results. We may contact you by mail, email, and/or by phone (by calling or texting), though you can Contact Us if you’d like to request changes about how we communicate with you. Please know that we may also contact you to provide you with information about treatment alternatives, care coordination, or to let you know about other services and benefits we offer.

    2. Help with Public Health and Safety Issues. We may share PHI in certain situations such as to prevent disease, support product recalls, report adverse reactions or product complaints,

    3. Serious and Imminent Threats. We may share your information when needed to prevent or reduce a serious threat to you, another person, or the public.

    4. Conduct Research. We may disclose your PHI to researchers when:

            a.) individual identifiers have been removed; or

            b.) an institutional review board or privacy board has

                    i.) reviewed the research proposal;

                    ii.) reviewed the established protocols to ensure the privacy of the requested information; and
                    iii.) approves the research.
            Additionally, we may use and disclose your PHI for human subject research purposes, subject to the confidentiality provisions of state and federal law. If your PHI will be used as a part of such research, you may be asked to complete a HIPAA authorization and study consent form to authorize specific PHI uses and/or disclosures.

      5. Comply with Applicable Laws. We may use and disclose PHI when required to do so by federal, state or local law, judicial or administrative proceedings or law enforcement. For example, we may disclose PHI to government agencies or law enforcement personnel about victims of abuse, neglect or domestic violence or pursuant to federal, state or local laws, subpoena or court order.

      6. Respond to Organ and Tissue Donation Requests and Work with a Medical Examiner. We may share PHI with organ, eye, or tissue procurement or placement organizations or banks to facilitate donation and transplantation. We can also share PHI with a coroner, medical examiner, or funeral director when an individual dies.

      7. Address Workers’ Compensation, Law Enforcement, and Specific Government Requests. We may use or share PHI about you for workers’ compensation claims, law enforcement purposes or with a law enforcement official, special government functions such as military, national security, and presidential protective services and with health oversight agencies for legally authorized activities.

      8. Respond to Lawsuits and Legal Actions. We can share health information about you in response to a court or administrative order, a subpoena request, or other lawful processes, such as if you are involved in a lawsuit or a dispute.

      Uses and disclosures requiring your authorization

      Disclosures related to human immunodeficiency virus (HIV) test results, diagnosis of acquired immune deficiency virus (AIDS) or an AIDS-related condition, or information about alcohol or drug treatment you received in a related treatment program will not be made without your authorization except as required or allowed by law. Before we use, disclose or sell your PHI for a reason other than those reasons described above, we will get your written authorization. You may revoke written authorization at any time, by Contact Us in writing. Once we receive your written revocation, it will apply to future PHI uses and disclosures.

      VII. Changes To This Notice

      We reserve the right to change our privacy practices and/or this Notice. When changes are made, they will apply to all information we have about you. If our privacy practices change at any time in the future, we will promptly change and post the new Notice on our website and will be able to make digital copies available upon request.

      VIII. Complaints and Contact Information

      We welcome hearing from you about the above Notice and any privacy-related concerns you may have, through these channels:

      98point6 Privacy Team
      privacy@98point6.com
      1-844-224-8588
      Contact Us Form

      98point6 Physicians PC
      701 5th Avenue
      Suite 2300
      Seattle, WA 98104

      Additionally, if you believe that your privacy rights have been violated or you disagree with a decision we made about your PHI, you may file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue SW, Washington, D.C. 20201; calling 1-877-696-6775; or visiting www.hhs.gov/ocr/privacy/hipaa/complaints.

      Please note, we will not retaliate against you for reaching out to us or filing a complaint. You should keep a copy of any notices you send to us or the 98point6 Privacy Office for your records.