Last Revised: 7/25/2013
PLEASE REVIEW CAREFULLY. If you have questions, you may call 800-300-8910. MDLIVE MEDICAL GROUP, Inc. (MDLIVE MEDICAL GROUP) respects the privacy of each and every person and is committed to protecting all of your personal and PHI.
This notice describes how personal health information (PHI) about you may be used, how it may be disclosed and how you can obtain access to this information. This page will serve as a summary of your privacy rights. The law (45 CFR Part 160 and Part 164, Subparts A and E) requires that your PHI be kept private. We must give you this Notice about our privacy practices and follow the terms of this Notice while it is in effect. Your use of MDLIVE MEDICAL GROUP’s Services indicates your acceptance of the terms of this Notice.
I. INTRODUCTION MDLIVE MEDICAL GROUP is engaged in the business of providing internet healthcare services to individuals with physicians, licensed therapists and other licensed healthcare practitioners in real time, via live streaming video, telephone and/or secure e-mail for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services (the “Services”).
II. INFORMATION THAT MAY BE COLLECTED The first time you log in to MDLIVE’s website to utilize the Services, you will be asked to create an account also known as your profile. To create an account, you must provide PHI (Protected Health Information) such as name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data that will be available for you to share with your Provider.
MDLIVE creates a record, owned by MDLIVE MEDICAL GROUP, of the care and services you receive. Some examples of the information collected or created through this process are video and/or audio files associated with all consultations, electronic medical records that may be uploaded or created as a result of treatment, and medical test results.
In order to participate in the Services, you will need to provide Personal Health Information about yourself on either MDLIVE’s Medical Intake Form or the Providers. Here are examples of the types of Personal Health Information we gather:
III. HOW INFORMATION ABOUT YOU MAY BE USED BY MDLIVE MEDICAL GROUP MDLIVE MEDICAL GROUP may gather PHI primarily to share with Providers for the purposes of diagnosis, treatment, and health care operations. However, in limited circumstances MDLIVE MEDICAL GROUP may use de-identified, non-personal information for aggregated, statistical analysis, improvement of the Services, and customization of web design and content layout.
Uses and Disclosures of PHI
MDLIVE MEDICAL GROUP is permitted to use and disclose your PHI for purposes of (i) Treatment, (ii) Payment, and (iii) Health Care Operations as follows:
For Treatment. MDLIVE MEDICAL GROUP may use or disclose your PHI to facilitate treatment or the provision of health care services to a Provider for purposes of a consultation or in connection with the provision of follow-up treatment. MDLIVE MEDICAL GROUP may share your PHI with doctors, nurses, technicians, students or other MDLIVE MEDICAL GROUP workers. For example, departments may share your PHI to plan your care. This may include prescriptions, lab work, and x-rays. MDLIVE MEDICAL GROUP may share your PHI with people not at MDLIVE MEDICAL GROUP including, but not limited to, referring physicians and home health care nurses who are treating you or providing follow-up care.
For Payment. MDLIVE MEDICAL GROUP may use and disclose your PHI with others who help pay for your care such as health insurers or health plans in connection with the processing and payments of claims and other charges.
For Health Care Operations. MDLIVE MEDICAL GROUP may use and disclose your PHI for its health care operations. These uses and disclosures help us run our programs and make sure MDLIVE MEDICAL GROUP’s patients receive quality care. For example, MDLIVE MEDICAL GROUP may use PHI to review the treatment and provision services. MDLIVE MEDICAL GROUP may use PHI to measure the performance of its staff and how they care for you. MDLIVE MEDICAL GROUP may share PHI with third parties who MDLIVE MEDICAL GROUP engages to provide various services for MDLIVE MEDICAL GROUP and you. If any such third party requires access to your PHI in order to perform the agreed upon services, MDLIVE MEDICAL GROUP will require that third party be bound to the terms outlined in this Privacy Notice.
Business Associates. MDLIVE MEDICAL GROUP may contract with outside businesses to provide some services. For example, MDLIVE MEDICAL GROUP may use the services of transcription, laboratories or collection agencies. Each contracted party must enter into a Business Associate agreement with MDLIVE MEDICAL GROUP, which requires said third party businesses to protect PHI that is shared with them in accordance with the restrictions outlined in this Privacy Notice. Furthermore, PHI will only be provided to third party businesses for the limited scope of performing required services to help facilitate treatment, payment, and health care operations to you.
For Appointment Reminders. MDLIVE MEDICAL GROUP may contact you to remind you about your appointment for medical care.
Treatment Alternatives. MDLIVE MEDICAL GROUP may use and disclose PHI to tell you about different types of treatment available to you. MDLIVE MEDICAL GROUP may use and share PHI to tell you about other benefits and services related to your health.
Authorization. MDLIVE MEDICAL GROUP is permitted to use and disclose your PHI upon your written authorization, submitted on our form which will be provided to you upon request, to the extent that such use or disclosure is consistent with your authorization. Your written authorization is required for the release of any psychotherapy notes, marketing to you of any products or services not related to you care or treatment, or the sale of any PHI information that is not de-identified. Please note that you may revoke or limit any such authorization at any time. MDLIVE MEDICAL GROUP cannot take back any disclosures we have already made with your permission. MDLIVE MEDICAL GROUP is required to keep records of the care that we provided to you. Be assured that any uses or disclosures not described in this notice will require your written authorization.
People Involved In Your Care. With your permission, MDLIVE MEDICAL GROUP may share your PHI with a family member or friend who helps with your medical care. We may share your PHI with a group helping with disaster relief efforts. We do this so your family can be told about your location and condition. If you are not present or able to say no, we may use our judgment to decide if sharing your PHI is in your best interest.
Research. In support of telemedicine and ehealth initiatives, MDLIVE MEDICAL GROUP may use and disclose your PHI for research. MDLIVE MEDICAL GROUP will only use and disclose information for research if MDLIVE MEDICAL GROUP receives your written consent, or if a review committee that meets Federal standards says MDLIVE MEDICAL GROUP does not need your consent.
Genetic Information. MDLIVE MEDICAL GROUP does not collect or use genetic information in its treatment. Nor does MDLIVE MEDICAL GROUP use genetic information for underwriting and other related purposes.
Fundraising Activities. MDLIVE MEDICAL GROUP will not disclose your individual PHI for fundraising activities without your written authorization.
As Required By Law. MDLIVE MEDICAL GROUP may use and disclose your PHI when required to do so by federal, state or local law.
To Prevent A Serious Threat To Health Or Safety. MDLIVE MEDICAL GROUP may use and disclose your PHI to prevent a serious threat to your health and safety and that of others. MDLIVE MEDICAL GROUP will only disclose your PHI with persons who can help prevent the threat.
Military. If you are in the U.S. or foreign armed services, MDLIVE MEDICAL GROUP may share your PHI as required by the proper military authorities.
Workers’ Compensation. MDLIVE MEDICAL GROUP may share your PHI for workers’ compensation or programs like it. MDLIVE MEDICAL GROUP may do this to the extent required by law.
Public Health Risks. MDLIVE MEDICAL GROUP may share your PHI for public health activities, as required by federal, state or local law. For example, we may share your PHI:
De-identified Information. MDLIVE MEDICAL GROUP may use, disclose, and request PHI if the Health Information to be used or disclosed is de-identified pursuant to the procedures set forth in 45 CFR 145.514(a)-(c).
Health Oversight Activities and Registries. MDLIVE MEDICAL GROUP may share your PHI with government agencies that oversee health care. MDLIVE MEDICAL GROUP may do so for activities approved by law. These activities include, but are not limited to, audits, investigations, inspections and licensure surveys. The government uses these activities to monitor the health care system. It also monitors the outbreak of disease, government programs, compliance with civil rights laws, and patient outcomes. MDLIVE MEDICAL GROUP may share PHI with government registries, if required.
Lawsuits and Disputes. If you are in a lawsuit or a dispute, MDLIVE MEDICAL GROUP may share your PHI in response to a court order, legal demand or other lawful process.
Law Enforcement. MDLIVE MEDICAL GROUP may share PHI if asked to do so by a law enforcement official under limited circumstances as follows:
Decedents. MDLIVE MEDICAL GROUP may, under limited circumstances, disclose your PHI to coroners, medical examiners, funeral directors for the purposes of identification, determining the cause of death and fulfilling duties relating to decedents.
MDLIVE MEDICAL GROUP National Security. MDLIVE MEDICAL GROUP may share, if required, your PHI with the proper federal officials for national security reasons.
IV. HOW SECURITY IS HANDLED AT MDLIVE MEDICAL GROUP The importance of security for all personal information including, but not limited to, PHI associated with you is of utmost concern to us. At MDLIVE MEDICAL GROUP, we contract with vendors who provide state of the art secure transmission of your information from your PC or mobile device through a HIPAA secure conduit to our providers. PHI collected by the web site is stored in secure operation environments that are not available or accessible to the public.
MDLIVE MEDICAL GROUP is not only HIPPA compliant but additionally utilizes the latest technologies to ensure utmost security. MDLIVE MEDICAL GROUP uses several layers of firewall security and different degrees of encryption for each customer’s sensitive PHI to ensure the highest level of security which meets or exceeds the requirements promulgated under HIPAA (defined below)
MDLIVE MEDICAL GROUP is the sole owner of the medical and treatment information collected on the MDLIVE site. MDLIVE MEDICAL GROUP will not sell, share or lease this information to others. MDLIVE MEDICAL GROUP does not sell any customer lists, e-mail addresses, cookies or other data without your written authorization.
V. Privacy Rights We are required by law to make sure that PHI that identifies you is kept private, give you this Notice of our legal duties and privacy practices concerning your PHI, and follow the terms of this Notice currently in effect.
You have the following rights regarding PHI MDLIVE MEDICAL GROUP maintains about you:
Right To Inspect and To Receive Copies. You have the right to view and receive copies of the PHI used to make decisions about your care, provided you submit your request in writing. Usually, this includes medical and billing records. It does not include some records such as psychotherapy notes. MDLIVE MEDICAL GROUP may deny your request to view and/or copy your PHI in limited circumstances. If your request is denied, MDLIVE MEDICAL GROUP will inform you of the reason of the denial and you have the right to request a review of the denial. MDLIVE MEDICAL GROUP may charge a fee for the costs of processing your request. Contact Customer Service for more information at 1-800-300-8910.
Right To Amend. If you think that PHI MDLIVE MEDICAL GROUP has about you is wrong or incomplete, you have the right to ask for an amendment to your record. To ask for a change to your record, you must make your request in writing, state a reason that supports your request and submit it to Customer Service.
MDLIVE MEDICAL GROUP may, under the following limited circumstances:
Right To an Accounting of Disclosures. You have the right to get a list of the disclosures MDLIVE MEDICAL GROUP has made of your PHI. This list will not include all disclosures that MDLIVE MEDICAL GROUP made. For example, this list will not include disclosures that MDLIVE MEDICAL GROUP made for treatment, payment or health care operations. It will not include disclosures made before June1, 2007, or disclosures you specifically approved. To ask for this list, you must submit your request in writing on the approved form. The form will be provided to you upon request.
Right To Request Restrictions. You have the right to ask for a restriction or limitation on the PHI MDLIVE MEDICAL GROUP uses or discloses for treatment, payment or health care operations. You also have the right to ask for a limit on the PHI MDLIVE MEDICAL GROUP discloses with someone who is involved in your care or in the payment for your care. Such a person may be a family member or friend. MDLIVE MEDICAL GROUP is not required to comply with your request. If MDLIVE MEDICAL GROUP does agree, we will fulfill your request unless the information is needed to provide you with emergency treatment or if otherwise required by law. To ask for restrictions, you must make your request in writing on a form that we will give you upon request.
You must tell us:
Right To Request Confidential Communications. You have the right to request confidential communications of your PHI or medical matters. You may request that MDLIVE MEDICAL GROUP communicate with you through specific means or at a specific location. You must make your request in writing on a form that will be provided to you upon request. MDLIVE MEDICAL GROUP will fulfill all reasonable requests.
Right To a Paper Copy of This Notice. You may ask MDLIVE MEDICAL GROUP to give you a written copy of this Notice at any time. Even if you have agreed to get this Notice electronically, you still have a right to a paper copy of this Notice.
If you click on a link to a third party site, you will leave the MDLIVE MEDICAL GROUP site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your PHI by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as MDLIVE MEDICAL GROUP. We encourage you to review the privacy statements of any other service provider from whom you request services. If you visit a third party website that is linked to our site, you should read that site’s privacy statement before providing any personally identifiable information.
VI. Revisions To This Notice MDLIVE MEDICAL GROUP is constantly innovating and implementing new features as part of its Services. As a result, our privacy practices may change. We may revise this Notice to reflect any changes in our privacy practices. We reserve the right to make the revised Notice effective for PHI we already have about you. It also will be effective for any information we receive in the future. We will post a current version of the Notice on this Site prior to the change becoming effective, as well as in the places where you receive the Services. The effective date of this Notice is on the top of this page, left-hand corner, under the title.
VII. Complaints If you think your privacy rights have been violated, you may file a complaint with legal@MDLIVE.com or in writing at the address listed below. You may also file a complaint with the Secretary of the Department of Health and Human Services. You will not be penalized for filing a complaint. You may also contact us for further information about your privacy rights by emailing us at support@MDLIVE.com as well as by post mail:
MDLIVE MEDICAL GROUP Inc.
13630 NW 8TH ST
Sunrise FL, 33325
Attn: Privacy and Security Officer