Counsel - HIPAA Statment

Health Information Privacy Policy

Last modified: April 8, 2024

This Health Information Privacy Policy (the “Notice”) describes how Counsel Health Medical Group, P.A. and its associated medical groups (collectively, “Counsel Medical” “we” , and “our”), operating with non-clinical support from Counsel, Inc. (collectively, “Counsel”), may use and disclose your protected health information to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by applicable law. For a complete list of the members of the associated medical practices constituting Counsel Medical, please contact the Counsel Medical Privacy Office at justin@counselhealth.com. By “health information” we mean protected health information as defined under federal law (the Health Insurance Portability and Accountability Act, or HIPAA, and its implementing regulations). Not only is it our legal obligation, but it is our business imperative to ensure the confidentiality of your health information.

Please review this Notice carefully. Capitalized terms not defined herein shall have the respective meanings given to them in the Terms of Use.

This Health Information Privacy Policy (the “Notice”) describes how Counsel Health Medical Group, P.A. and its associated medical groups (collectively, “Counsel Medical” “we” , and “our”), operating with non-clinical support from Counsel, Inc. (collectively, “Counsel”), may use and disclose your protected health information to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by applicable law. For a complete list of the members of the associated medical practices constituting Counsel Medical, please contact the Counsel Medical Privacy Office at justin@counselhealth.com. By “health information” we mean protected health information as defined under federal law (the Health Insurance Portability and Accountability Act, or HIPAA, and its implementing regulations). Not only is it our legal obligation, but it is our business imperative to ensure the confidentiality of your health information.

Please review this Notice carefully. Capitalized terms not defined herein shall have the respective meanings given to them in the Terms of Use.

What health information do we collect and maintain?

The health information that we collect or maintain may include:

• Your name, age, phone number, date of birth, email address, username, password, and other registration information.

• Health information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, photos, videos, diagnostic images, and other health related information.

• Health information about you prepared or obtained by our clinical professionals and support staff who provide clinical services through Counsel Medical such as medical records, treatment notes, remote monitoring data, and other health related information.

• Health information we collect through your use of our software, including responses to health-related questions.

• Billing information that you provide us, such as credit card information, or that we receive from a provider of healthcare benefits on your behalf.

The health information that we collect or maintain may include:

• Your name, age, phone number, date of birth, email address, username, password, and other registration information.

• Health information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, photos, videos, diagnostic images, and other health related information.

• Health information about you prepared or obtained by our clinical professionals and support staff who provide clinical services through Counsel Medical such as medical records, treatment notes, remote monitoring data, and other health related information.

• Health information we collect through your use of our software, including responses to health-related questions.

• Billing information that you provide us, such as credit card information, or that we receive from a provider of healthcare benefits on your behalf.

How do we use and disclose health information?

We use and disclose your health information for the normal business activities falling in the categories of treatment, payment and healthcare operations. Generally, we do not need your permission for these disclosures under applicable laws. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:

• Treatment – We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through our services. We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your healthcare needs.

• Payment – We document the services and supplies you receive when we are providing care to you so that you or another third party can pay us.

• Health Care Operations – Health information is used by Counsel Medical and Counsel Health operating on behalf of Counsel Medical to improve the services we provide, to train staff, for business management, quality assessment and improvement, and for customer service. For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may also use and disclose your health information to:

• Provide the services, including our artificial intelligence program, and customer support. Please see the Privacy Policy for more information about our use of artificial intelligence.

• Comply with federal, state or local laws and regulations.

• Assist in public health activities such as tracking diseases or medical devices.

• Inform authorities to protect suspected victims of abuse or neglect.

• Comply with federal and state health oversight activities such as fraud investigations, audits, and requests for information.

• Respond to law enforcement officials or to judicial orders, subpoenas or other processes.

• Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.

• Conduct research following internal review protocols to ensure the balancing of privacy and research needs.

• Avert a serious threat to health or safety.

• Assist in specialized government functions such as national security, intelligence and protective services.

• Inform military and veteran authorities if you are an armed forces member (active or reserve).

• Inform a correctional institution if you are an inmate.

• Inform workers’ compensation carriers or your employer if you are injured at work.

• Recommend treatment alternatives.

• Tell you about health-related products and services.

• To enforce compliance with our agreements and policies.

• Communicate within our organization for treatment, payment, or healthcare operations.

• Communicate with other providers, health plans, or their related entities for their treatment or payment activities, or health care operations activities relating to quality assessment and improvement, care coordination and the qualifications and training of healthcare professionals.

• Provide information to other third parties with whom we do business, such as a record storage provider. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.

• We may also use or disclose your personal or health information for operational purposes. For example, we may communicate with individuals involved in your care or payment for that care, such as family or guardians and send appointment reminders.

• For business analytics purposes.

All other uses and disclosures, not previously described, may only be done with your written authorization. We will also obtain your authorization before we use or disclose your health information for marketing purposes (as the term marketing is defined under 45 CFR §164.501) or before we would sell your information. You may revoke your authorization at any time; however, this will not affect prior uses and disclosures.

We use and disclose your health information for the normal business activities falling in the categories of treatment, payment and healthcare operations. Generally, we do not need your permission for these disclosures under applicable laws. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:

• Treatment – We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through our services. We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your healthcare needs.

• Payment – We document the services and supplies you receive when we are providing care to you so that you or another third party can pay us.

• Health Care Operations – Health information is used by Counsel Medical and Counsel Health operating on behalf of Counsel Medical to improve the services we provide, to train staff, for business management, quality assessment and improvement, and for customer service. For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may also use and disclose your health information to:

• Provide the services, including our artificial intelligence program, and customer support. Please see the Privacy Policy for more information about our use of artificial intelligence.

• Comply with federal, state or local laws and regulations.

• Assist in public health activities such as tracking diseases or medical devices.

• Inform authorities to protect suspected victims of abuse or neglect.

• Comply with federal and state health oversight activities such as fraud investigations, audits, and requests for information.

• Respond to law enforcement officials or to judicial orders, subpoenas or other processes.

• Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.

• Conduct research following internal review protocols to ensure the balancing of privacy and research needs.

• Avert a serious threat to health or safety.

• Assist in specialized government functions such as national security, intelligence and protective services.

• Inform military and veteran authorities if you are an armed forces member (active or reserve).

• Inform a correctional institution if you are an inmate.

• Inform workers’ compensation carriers or your employer if you are injured at work.

• Recommend treatment alternatives.

• Tell you about health-related products and services.

• To enforce compliance with our agreements and policies.

• Communicate within our organization for treatment, payment, or healthcare operations.

• Communicate with other providers, health plans, or their related entities for their treatment or payment activities, or health care operations activities relating to quality assessment and improvement, care coordination and the qualifications and training of healthcare professionals.

• Provide information to other third parties with whom we do business, such as a record storage provider. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.

• We may also use or disclose your personal or health information for operational purposes. For example, we may communicate with individuals involved in your care or payment for that care, such as family or guardians and send appointment reminders.

• For business analytics purposes.

All other uses and disclosures, not previously described, may only be done with your written authorization. We will also obtain your authorization before we use or disclose your health information for marketing purposes (as the term marketing is defined under 45 CFR §164.501) or before we would sell your information. You may revoke your authorization at any time; however, this will not affect prior uses and disclosures.

How will health information be communicated?

We use standard physical, electronic, and business security methods to help prevent access to your health information by people who should not see it. But we cannot promise that data sent over the Internet, SMS text, or through a data storage facility will be secure. So, although we try to protect your personal information, we cannot guarantee the security of any information you send to us. By using the Services and providing us your cell phone number and email address, you permit us to communicate with you by SMS text message and email. You may ask us to stop sending SMS text messages by contacting support@counselhealth.com. You understand that you may have to pay data costs to receive SMS text messages that we send to your mobile phone.

What are Counsel Medical’s Responsibilities?

Counsel Medical will:

• Maintain the privacy of your health information.

• Provide this Notice of our duties and privacy practices.

• Abide by the terms of the Notice currently in effect.

• Tell you if there has been a breach that compromises your health information.

We reserve the right to change our privacy practices and make the new practices effective for all the information we maintain. Revised notices will be posted on the Site. By contacting us at support@counselhealth.com, you may:

• Inspect and copy certain portions of your health information. We may deny your request under limited circumstances. You may request that we provide your health records to you in an electronic format.

• Request amendment of your health information if you feel the health information is incorrect or incomplete. However, under certain circumstances we may deny your request.

• Receive an accounting of certain disclosures of your health information made for the prior six (6) years, although this excludes certain disclosures for treatment, payment, and health care operations. (Fees may apply to this request.)

• Request that we restrict how we use or disclose your health information. However, we will not always agree with your requests, unless you request that we restrict information provided to a payor, the disclosure would be for the payor’s payment or healthcare operations, and you have paid for the health care services completely out of pocket.

• Request that we communicate with you at a specific telephone number or address.

• Obtain a paper copy of this notice even if you receive it electronically. We may ask that you make some of these requests in writing.