Notice of Privacy Practices

Effective: February 23, 2021 Version 9.0

THIS NOTICE DESCRIBES HOW HEALTH 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 (the “Notice”) is being provided to you on behalf of 98point6 Physicians PC, its subsidiaries and affiliated entities (together “98point6 PC”), including its employees and health care practitioners (collectively referred to herein as “we”, “our” or “us”).  The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) requires that we provide this Notice to you, and it describes the legal obligations of 98point6 PC and your legal rights regarding your health information held by us.  Among other things, this Notice describes how health information about you may be used and disclosed to carry out treatment, payment, or health care operations, or for any other purposes that are permitted or required by law and how you can get access to this information.  If you are obtaining healthcare services from us on behalf of someone else, this Notice applies to health information collected about that person. Please review it carefully.

HIPAA requires that we protect certain health information known as “protected health information” or “PHI.”  Generally, PHI is individually identifiable health information, including demographic information collected from you, which is created or received by, or on behalf of, a health care provider (such as 98point6), a health plan, your employer on behalf of a group health plan or a health care clearinghouse, and relates to:

(1) your past, present or future physical or mental health or condition;

(2) the provision of health care to you; or

(3) the past, present or future payment for the provision of health care to you.

We are committed to protecting the privacy and confidentiality of your PHI. HIPAA also requires that we protect the PHI which we maintain in electronic format.  Additionally, we are required to notify you of our legal duties and abide by the privacy practices detailed in this Notice, unless more protective laws or regulations apply to your health information. This Notice applies to all 98point6 PC health care service and our employees, including the practitioners who provide health care to you.

Contact Information

If you have any questions about this Notice, please contact the 98point6 PC HIPAA Privacy Officer using the contact information below.

98piont6 PC Privacy Officer

1-844-224-8588

privacy@98point6.com

98point6 Physicians PC

701 5th Avenue

Suite 2300

Seattle, WA 98104

Effective Date and Changes to this Notice

This Notice is effective February 26, 2021 and will remain in effect until it is revised or replaced. 

Our Responsibilities

We are required by law to:

• maintain the privacy of your protected health information;
• provide you with certain rights with respect to your protected health information;
• provide you with a copy of this Notice of our legal duties and privacy practices with respect to your protected health information; and
• follow the terms of the Notice that is currently in effect.

We reserve the right to change the terms of this Notice at any time and to make new provisions regarding your protected health information that we maintain, as allowed or required by law.  The new terms will apply to all the protected health information that we maintain, including PHI created or received before the change was made. The updated version of this notice will be posted on the www.98point6.com website with the applicable effective date.  If we make any material change to this Notice, we will notify you the next time you use the 98point6 software application (“98point6 App”) or other 98point6 software service (“Service”).  You may also obtain a copy of the current Notice by contacting our Privacy Officer by email at  privacy@98point6.com.  

Except as provided within this Notice, we may not disclose your protected health information without your prior authorization.

How We May Use and Disclose Your Protected Health Information

In accordance with HIPAA, we may use or disclose your protected health information under certain circumstances without your permission.  The following categories describe the different ways that we may use and disclose your protected health information.  For each category of uses or disclosures we will explain what we mean and present some examples.  Not every use or disclosure in a category will be listed.  However, all the different ways we are permitted to use and disclose protected health information will fall within one of these categories:

Treatment  

We may use or disclose your protected health information to provide you with medical treatment or services.  We may disclose your protected health information about you to doctors, nurses, technicians, staff or other 98point6 PC personnel (and those of our affiliates) who are involved in taking care of you and your health.  In addition, 98point6 PC may share and disclose your PHI to unaffiliated entities or individuals in order to coordinate health care and further your treatment.  For example, forwarding prescriptions to your pharmacy, or we might disclose information about your prior prescriptions to a pharmacist to determine if a pending prescription is inappropriate or potentially dangerous for you to use.  Other examples include sending orders to laboratories or sharing records with other health care providers that require information about treatment you received from 98point6 PC. Similarly, we may contact you to provide information about treatment alternatives or other health-related benefits and services that may be of interest.

Payment

98point6 may use or share your PHI to bill and receive payment from health plans or other entities for services provided to you.  For example, sending information to your health insurer or health plan in connection with the processing and payment of claims and other changes.

Healthcare Operations  

We may use and disclose your protected health information for other 98point6 PC operations.  These uses and disclosures are necessary to run 98point6 PC, to make sure that you and our other patients receive quality care. For example, we may use protected health information in connection with conducting quality assessment and improvement activities, such as sending you surveys or questionnaires to request your feedback. You can opt out of these types of communications by unsubscribing, though we will continue to communicate with you about any services that you request from us.

To Business Associates

We may contract with individuals or entities known as “Business Associates” under HIPAA, so these Business Associates can perform various functions on our behalf or to provide certain types of services, including but not limited to, our affiliate 98point6 Inc., which provides the technology we use to provide healthcare services to you through the 98point6 App.  In order to perform these functions or to provide these services, Business Associates will receive, create, maintain, transmit, use and/or disclose your protected health information, but only after they agree in writing to implement appropriate safeguards regarding your protected health information.  For example, we may disclose your protected health information to 98point6 Inc. and other Business Associates to offer the 98point6 App to you or to provide support services, but only after we have entered into an agreement with each applicable Business Associate that will have access to your PHI in helping us deliver the services.

As Required by Law

We may use and disclose your protected health information when required to do so by federal, state or local law.  For example, we may disclose your protected health information when required by national security laws or public health disclosure laws.

To Avert a Serious Threat to Health or Safety

We may use and disclose your protected health information to prevent a serious threat to your health and safety, or the health and safety of the public or another person.  Any disclosure, however, would be limited to individuals and entities able to help prevent the threat.  For example, we may disclose your protected health information in a physician licensure proceeding. Some other examples include disclosures to:

• prevent or control disease, injury or disability;
• report births and deaths;
• report child abuse or neglect;
• persons subject to the jurisdiction of the Food and Drug Administration (“FDA”) for activities related to the quality, safety, or effectiveness of FDA-regulated products or services and to report reactions to medications or problems with products;
• notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; or
• notify the appropriate government authority if we believe that an adult patient has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if the patient agrees or when required or authorized by law.

Special Situations

In addition to the above, the following categories describe other possible ways that we may use and disclose your protected health information.  For each category of uses or disclosures, we will explain what we mean and present some examples.  Not every use or disclosure in a category will be listed.  However, all the ways we are permitted to use and disclose information will fall within one of the categories.

Organ and Tissue Donation

If you are an organ donor, we may release your protected health information to organizations that handle organ procurement or organ, eye, or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.

Military and Veterans

If you are a member of the armed forces, we may release your protected health information as required by military command authorities.  

Workers’ Compensation

We may release your protected health information for workers’ compensation or similar programs.  These programs provide benefits for work-related injuries or illness.

Health Oversight Activities

We may disclose your protected health information to a federal or state health oversight agency for activities authorized by law.  These oversight activities include, for example, audits, investigations, inspections, and licensure.  These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.

Lawsuits and Disputes

If you are involved in a lawsuit or a dispute, or a guardianship proceeding, we may disclose your protected health information in response to a court or administrative order.  We may also disclose your protected health information in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only to the extent allowed by law.

Law Enforcement

We may disclose your protected health information if asked to do so by a law enforcement official:

• in response to a court order, subpoena, warrant, summons or similar process;
• to identify or locate a suspect, fugitive, material witness, or missing person;
• about the victim of a crime if, under certain limited circumstances, we are unable to obtain the victim’s agreement;
• about a death that we believe may be the result of criminal conduct;
• about criminal conduct; and
• in emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.

Coroners, Medical Examiners and Funeral Directors

We may release protected 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.  We may also release protected health information to funeral directors as necessary to carry out their duties.

National Security and Intelligence Activities

We may release your protected health information to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

Inmates

If you are an inmate of a correctional institution or are in the custody of a law enforcement official, we may disclose your protected health information to the correctional institution or law enforcement official if necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.

Research

We may disclose your protected health information to researchers when:

1. the individual identifiers have been removed; or
2. when an institutional review board or privacy board has (a) reviewed the research proposal; (b) reviewed the established protocols to ensure the privacy of the requested information; and (c) approves the research.

Additionally, we may use and disclose your protected health information 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 uses of your PHI.

Required Disclosures

The following is a description of disclosures of your protected health information we are required to make.

Government Audits

We are required to disclose your protected health information to the Secretary of the United States Department of Health and Human Services when the Secretary is investigating or determining our compliance with the HIPAA Privacy Rule.

Disclosures to You

When you request, we are required to disclose to you the portion of your protected health information that contains medical records, billing records, and any other records used to make decisions regarding your health care.  We are also required, when requested, to provide you with a list (or an “accounting”) of most disclosures of your protected health information if the disclosure was for reasons other than for payment, treatment, or health care operations, and if the protected health information was not disclosed pursuant to your individual authorization.

Notification of a Breach

We are required to notify you in the event that we (or one of our Business Associates) discover a breach of your unsecured protected health information, as defined by HIPAA.

Other Disclosures

Family and Personal Representatives

We will disclose your protected health information to individuals authorized by you, or to an individual designated as your personal representative, attorney-in-fact, etc., so long as we are provided with your written notice/authorization and any supporting documents (i.e., power of attorney).  

Note:  Under the HIPAA Privacy Rule, we are not required to disclose PHI to a personal representative if we have a reasonable belief that:

1. you have been, or may be, subjected to domestic violence, abuse or neglect by such person;
2. treating such person as your personal representative could endanger you; or
3. in the exercise or professional judgment, it is not in your best interest to treat the person as your personal representative.

We may also disclose your PHI to your family, guardian, or any other individual identified by you to the extent such person is directly involved in your care or the payment for your care. We may use or disclose your PHI to notify, or assist in notifying, a family member, personal representative, or another person responsible for your care, of your general condition or death.  If you are available, we will give you an opportunity to object to these disclosures, and we will not make these disclosures if you object. If you are not available, incapacitated or unable to make informed consent decisions about your health care we will determine whether a disclosure to your family or personal representative is (a) permitted or required by law; and (b) in your best interests based on our professional judgment, taking into account the circumstances.

Authorizations

Other uses or disclosures of your protected health information not described above will not be made without your written authorization, including the use or disclosure:

• of psychotherapy notes;
• for fundraising or marketing purposes; or
• that constitute a sale of protected health information under the HIPAA Privacy Rule.  

You may revoke written authorization at any time, so long as your revocation is in writing.  Once we receive your written revocation, it will only be effective for future uses and disclosures.  It will not be effective for any PHI that may have been used or disclosed in reliance upon the written authorization prior to receiving your written revocation.

In the case of fundraising we may contact you, but you can tell us not to contact you again. You may elect to opt out of receiving fundraising communications from us at any time.

Your Rights

You have the following rights with respect to your protected health information:

Right to Inspect and Copy

You can ask to see or get an electronic or paper copy of your medical record and other protected health information that we have about you.  We will provide a copy or a summary of your protected health information. If you request a copy of the information, we may charge a reasonable fee for the costs of copying, mailing, or other supplies associated with your request.  We will notify you of the cost so you will have the opportunity to change or withdraw your request at that time before any charges are incurred.  

To inspect and copy your protected health information, please submit your request in writing using the Contact Us form on the www.98point6.com website.  You will be asked to complete and submit a Patient Authorization to Release Medical Record along with your request.  Alternatively, you may submit your request in writing, along with a Patient Authorization to Release Medical Record form, to the 98point6 PC Privacy Officer by email at  privacy@98point6.com. In addition, you may access the chat transcript of your medical visits and care plan at any time in the 98point6 App.

We may deny your request to inspect and copy in certain, very limited circumstances.  If you are denied access to your protected health information, you may have a right to request that the denial be reviewed, and you will be provided with details on how to do so.

Right to Amend

If you believe your protected health information is incorrect or incomplete, you may ask us to correct the information.  You have the right to request an amendment for as long as the protected health information is kept by us.  To request an amendment, your request must be made in writing and submitted to the 98point6 PC Privacy Officer by email at  privacy@98point6.com.  You may also submit such request using the Contact Us form on the www.98point6.com website and we will provide instructions to you about how to make the request.  You must provide a reason that supports your request; we may deny your request for an amendment if it is not in writing or does not include a reason to support the request.  In addition, we may deny your request if you ask us to amend information that:

• was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
• is not part of your medical or billing records or other information that you would be permitted to inspect and copy; or
• is already accurate and complete.

If we deny your request, you have the right to file a statement of disagreement with us and any future disclosures of the disputed information will include your statement.

Right to an Accounting of Disclosures

You have the right to request a list (or an “accounting”) of certain disclosures of your protected health information for up to six years prior to the date of your request, including who we shared it with and why.  The accounting will not include (1) disclosures for purposes of treatment, payment, or health care operations; (2) disclosures made to you; (3) disclosures made pursuant to your authorization; (4) disclosures made to friends or family in your presence or because of an emergency; (5) disclosures for national security purposes; and (6) disclosures incidental to otherwise permissible disclosures.  

To request an Accounting of Disclosures, your request must be made in writing and submitted to the 98point6 PC Privacy Officer by email at  privacy@98point6.com.  You may also submit such request using the Contact Us form on the www.98point6.com website and we will provide instructions on how to make the request. Your request must state a time period of no longer than six years prior to the date of your request.  Your request should indicate the format you want the list (for example, paper or electronic).  We will attempt to provide the accounting in the format you requested or in another mutually agreeable format if the requested format is not reasonably feasible.  The first list you request within a 12-month period will be provided free of charge.  For additional lists within a 12-month period, we may charge you for the costs of providing the list.  We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

Right to Request Restrictions

You have the right to request a restriction or limitation on your protected health information that we use or disclose for treatment, payment, or health care operations.  You also have the right to request a limit on your protected health information that we disclose to someone who is involved in your care or the payment for your care, such as a family member or friend.  For example, you could ask that we not use or disclose information about a surgery that you had.  We are not required to agree to your request when disclosure of protected health information (a) is made to a health plan for the purpose of receiving payment (b) pertains solely to a health care item or service for which you or someone other than a health plan on your behalf has paid in full; and (c) is not otherwise required by law. However, if we do agree to the request, we will honor the restriction until you revoke the restriction or we notify you.  

To request restrictions, you must make your request in writing to the 98point6 PC Privacy Officer by email at  privacy@98point6.com. You may also submit such request using the Contact Us form on the www.98point6.com website and we will provide instructions on how to make the request.  In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply—for example, disclosures to your spouse.

Right to Request Confidential Communications

You have the right to request that we communicate with you about medical matters in a certain way or at a certain location.  For example, you can ask that we send email to a different address or only contact you at work or by mail.  To request confidential communications, you must make your request in writing to our Privacy Officer by email at  privacy@98point6.com.  You may also submit such request using the Contact Us form on the www.98point6.com website and we will provide instructions on how to make the request.  We will not ask you the reason for your request.  Your request must specify how or where you wish to be contacted.  We will accommodate all reasonable requests if you clearly provide information that the disclosure of all or part of your protected information could endanger you.

Right to a Paper Copy of This Notice

You have the right to request 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 the www.98point6.com website. To obtain a paper copy, contact 98point6 PC Privacy Officer by email at  privacy@98point6.com.

Complaints

If you believe that your privacy rights have been violated, you may file a complaint with 98point6 PC or with the Office for Civil Rights of the United States Department of Health and Human Services.  To file a complaint with the 98point6 PC, contact the 98point6 PC Privacy Officer at privacy@98point6.com. You may also submit your complaint through the Contact Us form on the www.98point6.com website and we will provide you with additional instructions on how to submit the complaint.  You also can 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

You can also call them at 1-877-696-6775 or visit www.hhs.gov/ocr/privacy/hipaa/complaints/.

You will not be penalized, or in any other way retaliated against, for filing a complaint with the Office of Civil Rights or with us.  You should keep a copy of any notices you send to us or the 98point6 PC Privacy Officer for your records.

Product Development and User Experience Research

98point6 may invite you to provide feedback about your user experience with the 98point6 App or Service, subject to your authorization to permit 98point6 to use your feedback.  Your feedback may include some aspects of your health information, which we will use to improve the 98point6 App or Service and to develop new software products or features. You will always have the ability to opt-out of these communications by declining to respond or unsubscribing.