BodyTime Health Privacy Policy

 

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.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal program that requires that all medical and dental records and other individually identifiable health information used or disclosed by us in any form, whether electronically, on paper or orally, are kept properly confidential. This Act gives you, the client, significant new rights to understand and control how your health information is used. HIPAA provides penalties for covered entities that misuse Protected Health Information (PHI).

This Notice of Privacy Practices describes how we may use and disclose your Protected Health Information (PHI) to carry out treatment, payment, or health care operations (TPO) and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. "Protected health information" is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

Uses and Disclosures of Protected Health Information

Your Protected Health Information may be used and disclosed by your physician, our office staff, and others outside of our office that are involved in your care and treatment for the purpose of providing health care services to you, to pay your health care bills, to support the operation of the practice, and any other use required by law.

Treatment: We will use and disclose your Protected Health Information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party. For example, your protected health information may be provided to a physician to whom you have been referred to ensure that the health care professional has the necessary information to diagnose or treat you.

Payment: Your protected health information will be used, as needed, to obtain payment for health care services. For example, obtaining approval for a hospital stay may require that your relevant protected health information be disclosed to the health plan to obtain approval for the hospital admission.

Healthcare Operations: We may use or disclose, as needed, your protected health information in order to support the business activities of your physician’s practice. These activities include, but are not limited to, quality assessment activities, employee review activities, and conducting or arranging for other business activities. We may use or disclose, as needed, your protected health information to support the business activities of this practice. In addition, we may use a sign-in sheet at the registration desk where you will be asked to sign your name and indicate your physician. We may also call you by name in the waiting room when your physician is ready to see you. We may use or disclose your protected health information, as necessary, to contact you to remind you of your appointment. We may call your home and leave a message (either on voicemail or with the person answering the phone) to remind you of an upcoming appointment, the need to schedule a new appointment or to call our office. If you would prefer that we call or contact you at another telephone number or location, please let us know.

We may also use and disclose your health information without your authorization for the following purposes:
For public health activities such as reporting diseases, injuries, births, or deaths to a public health authority authorized to receive this information, or to report medical device issues to the FDA;
To comply with workers compensation laws and similar programs;
To alert appropriate authorities about victims of abuse, neglect, or domestic violence; if the agency reasonably believes you are a victim of abuse, neglect, or domestic violence we will make every effort to obtain your permission, however, in some cases we may be required or authorized to alert the authorities;
For health oversight activities such as audits, investigations, and inspections of DSHS facilities;
For research approved by an Institutional Review Board or privacy board; for preparing for research such as writing a research proposal; or for research on decedents information;
To create or share de-identified or partially de-identified health information (limited data sets);
For judicial and administrative proceedings such as responding to a subpoena or other lawful order;
For law enforcement purposes such as identifying or locating a suspect or missing person;
To coroners, medical examiners, or funeral directors as needed for their jobs;
To organizations that handle organ, eye or tissue donation, procurement, or transplantation;
To avert a serious threat to health or public safety;
For specialized government functions such as military and veteran activities, national security, and intelligence activities, and for other law enforcement custodial situations;
For incidental disclosures such as when information is overheard in a waiting room despite reasonable steps to keep information confidential; and
As otherwise required or permitted by local, state, or federal law.

Additional privacy protections under state or federal law apply to substance abuse information, mental health information, certain disease-related information, or genetic information. We will not use or share these types of information unless expressly authorized by law. We will not use or disclose genetic information for underwriting purposes.

Other permitted and required uses and disclosures will be made only with your consent, authorization or opportunity to object unless required by law.

You may revoke this authorization, at any time, in writing, except to the extent that your physician or the physician’s practice has taken an action in reliance on the use or disclosure indicated in the authorization.

Your Rights

The Following is a statement of your rights with respect to your protected health information.

You have the right to inspect and copy your protected health information. 

Under federal law, however, you may not inspect or copy the following records; psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, and protected health information that is subject to law that prohibits access to protected health information.

You have the right to request a restriction of your health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment, or healthcare operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in you care or for notification purposes described in this Notice of Privacy Practices. Your request must state the specific restriction and to whom you want the restriction to apply.
Your physician is not required to agree to a restriction you may request. If your physician believes it is in your best interest to permit use and disclosure of your protected health information, your protected health information will not be restricted. You then have the right to use another Healthcare Professional.

You have the right to request to receive confidential communications from us by alternative means or at an alternative location. You have the right to obtain a paper copy of this Notice from us, upon request, even if you have agreed to accept this Notice alternatively (i.e. electronically).

You may have the right to have your physician amend your protected health information. 

If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.

You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information.

We reserve the right to change the terms of this Notice and will inform you of any changes. You then have the right to object or withdraw as provided in this Notice.

Communications
Client acknowledges electronic communications with the Physician and BodyTime Health are not secure or confidential methods of communications. As such, Client expressly waives the Physician’s and BodyTime Health’s obligation to guarantee confidentiality with respect to correspondence using such means of communication. Client acknowledges that all such communications may become a part of Client’s medical records. By providing Client’s email address, Client authorizes the BodyTime Health and its Physician to communicate with Client by email regarding Client’s “protected health information” (PHI) (as that term is defined in the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and its implementing regulations) Client acknowledges that:
Email is not a secure medium for sending or receiving PHI and a third party will have access;
Although BodyTime Health and the Physician will make all reasonable efforts to keep email communications confidential and secure, neither BodyTime Health, nor the Physician can assure or guarantee confidentiality of email communications;
In the discretion of the Physician, email communications may be made a part of Client’s permanent medical record; and,
Client understands and agrees that email is not an appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. In the event of an emergency, or a situation in which the Client could reasonably expect to develop into an emergency, Client shall call 911 or the nearest Emergency room, and follow the directions of emergency personnel.
If Client does not receive a response to an e-mail message, Client agrees to use another means of communication to contact the Physician. Neither BodyTime Health nor the Physician will be liable to Client for any loss, cost, injury, or expense caused by, or resulting from, a delay in responding to Client. 
If there is a change of any law, regulation or rule, federal, state or local, which affects the Agreement including these Terms & Conditions, which are incorporated by reference in the Agreement, or the activities of either party under the Agreement, or any change in the judicial or administrative interpretation of any such law, regulation or rule, and either party reasonably believes in good faith that the change will have a substantial adverse effect on that party’s rights, obligations or operations associated with the Agreement, then that party may, upon written notice, require the other party to enter into good faith negotiations to renegotiate the terms of the Agreement including these Terms & Conditions. If the parties are unable to reach an agreement concerning the modification of the Agreement within thirty days after of date of the effective date of change, then either party may immediately terminate the Agreement by written notice to the other party.
Neither Physician nor any of Practice’s agents, consultants or representatives, nor BodyTime Health will be liable to Client for any loss, damage, cost, injury or expense caused by, or resulting from: (1) a delay in response to Client due to technical failures, including but not limited to, technical failures attributable to internet service provider, power outages, failure of electronic messaging software, failure by Physician, or any of Practice’s agents, consultants or representatives to properly address Electronic Communication messages, failure of computers or computer network, or faulty telephone or cable data transmission; (2) any interception of Electronic Communication by a third party; (3) data leaks caused by cyber-attacks or data breaches; or (4) Client’s failure to comply with the guidelines regarding use of Electronic Communication set forth in this Section.

 

Complaints

You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our privacy officer of your complaint at our office and main telephone number. We will not retaliate against you for filing a complaint.

This Notice was published and becomes effective on/or before 1/01/2025.

The name and address of the person you can contact for further information concerning our privacy practices is:
Privacy Officer:
Michael Hasegawa
1606 Headway Cir STE 9598, Austin, TX 78754
512-524-7783