HIPPA Compliance Agreement


HIPPA COMPLIANCE AGREEMENT (HCA)
MNN: https://www.medically-no-nosense.com

 

Hereinafter, the “Web Site”: https://www.medically-no-nonsense.com is referred to as “MNN”.

YOU MUST READ “HIPPA COMPLIANCE AGREEMENT (HCA)” OF MNN IN ITS ENTIRETY. HIPPA COMPLIANCE AGREEMENT (HCA) OF MNN IS A PART OF MNN’S “LEGAL NOTICES”. WHEN YOU USE: (1) THE MNN WEBSITE, OR\AND (2) MNN SERVICES, OR\AND (3) MNN APPLICATIONS\APPS ON MOBILE OR STATIC DEVICES (COLLECTIVELY “MNN”) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT AND TERMS AND CONDITIONS CONTAINED IN ALL DOCUMENTS IN LEGAL NOTICES. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT AND ALSO TERMS AND CONDITIONS CONTAINED IN ALL DOCUMENTS IN LEGAL NOTICES.

1. INTRODUCTION

1.1 “HIPPA Compliance Agreement (HCA)” is “Agreement” between you (the visitor\user\member of MNN) and Dr. J, LLC.,  ( or “MNN” or “Our” or “Us“ or “Dr. J”) and govern our respective rights and obligations. Please note that your use of the MNN website is also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements under “Legal Notices”.

1.2. This page states the Terms and Conditions under which you may use MNN . Use of the words “MNN” or “Our” or “Us” herein, reflects the legal producers and owners of MNN. The owner of MNN is Dr. J, LLC. Please read this page carefully.

1.3. The Health Insurance Portability and Accountability Act of 1996 regulates the use and disclosure of Protected Health Information (PHI) held by “covered entities” (generally, health care clearinghouses, employer sponsored health plans, health insurers, and medical service providers that engage in certain transactions.). PHI is any information held by a covered entity which concerns health status, provision of health care, or payment for health care that can be linked to an individual.

1.3. If you do not accept these Terms and Conditions wholly or in part, your only recourse is to terminate this Agreement and not use the MNN Web Site. By using this Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. MNN may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.

2. HEALTH INFORMATION IN PUBLIC

2.1. You agree not to post your or anyone else’s  health information along with Personal Identifiable Information (PII), such as your name, address, social security number, date of birth, phone number, email address, etc., which can link to you or any third party.

2.2. If you post any health-related information about yourself or anyone else along with PII on the MNN Web Site, you do so at your own risk. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information.

2.3. You agree not post any personal identifiable information such as, your address, phone number, email address, social security number, etc., in comments, or submitted material.

3. HIPPA COMPLIANCE

3.1. MNN does not ask for health information from anyone.

3.2. MNN does not treat medical conditions.

3.3. MNN does not provide health advice.

3.4. MNN does not dispense medical prescriptions.

3.5. For the above reasons, MNN is not subject to HIPPA Regulations.

4. Privacy of PHI

4.1. In the event MNN collects any PHI (Private Health Information), the following clauses shall apply.

4.2. This policy covers you, all employees, medical and dental staff, trainees, students, volunteers, affiliates, and agents of MNN.

4.3. MNN is committed to maintaining the privacy of your health information in all formats (electronic, paper or verbally). We keep your health information in a secure (safe) electronic health record. We do not share your health information with any third party. We will only use or disclose (share) your health information as described in this Agreement in compliance with HIPPA, and Privacy Act Rules.

4.4. We may use and share your health information with other health care providers who are treating you or with a pharmacy that is filling your prescription.

4.5. We may use and share your health information to run our business, to evaluate practitioner or provider performance, or to educate health care professionals.
4.6. For public health activities (for example, to report injuries, diseases, births and deaths to a public health official authorized to receive such information).

4.7. To alert appropriate authorities about victims of abuse, neglect, or domestic violence; if we reasonably believe that you have been a victim of such abuse, neglect, or domestic violence, we will make every effort to get your permission before sharing this information. However, in some cases we may be required or authorized to act without your permission.

4.8. For oversight by government or private agencies that review health care organization’s practices to ensure safety and quality activities.
4.9. For monitoring products which may need repair or are being recalled (for example, to satisfy FDA requirements).
4.10. For research studies where health records are analyzed (when it cannot be done through the normal authorization procedures) and approved by our institutional privacy board. This is done through a special process that makes sure that the

research may only be a small risk to your privacy and that researchers keep your information confidential and secure; for preparing for research, such as writing a research proposal or recruiting possible subjects; or, in the unfortunate event of your death, for research solely on information about people who have died.

4.10. To create and disclose de-identified (does not have your name, SS#, etc.) health information or limited data sets that do not have direct identifiers about you.
4.11. For judicial and administrative proceedings (for example, a court order).
4.12. For law enforcement purposes (for example, to identify or find a suspect or missing person, or to report a crime that occurred on or off our property).
4.13. To coroners, medical examiners, or funeral directors as necessary to do their jobs;
4.14. To organizations that handle organ, eye or tissue donation, or transplantation.
4.15. To avoid a serious threat to health or public safety.
4.16. For specialized government functions. As otherwise required or allowed by local, state or federal law.
4.17. If you give us written permission, we may use or share your health information for:
  • Our patient directory
  • To family or friends involved in your care
  • A disaster relief agency for purposes of notifying your family or friends where you are and what your status is in an emergency situation.

4.18. You have the right to withdraw (take back) your authorization, except when we have already relied on it, by contacting: legal@medically-no-nonsense.com.

4.19. Additional privacy protections may apply if we are using or sharing sensitive health information, such as HIV-related information, mental health information, alcohol or drug abuse treatment information and genetic information.

4.20. We may use and share your health information to run our business, to evaluate practitioner or provider performance, or to educate health care professionals.  We may share your health information with business associates who are helping us collect payment for services or other business operations. All of our business associates are required to protect the privacy and security of your health information

4.21. Although your health record is the property of MNN, you have the right to:

  • Request restrictions on how we use or share your information for treatment, payment, and health care operations, and how we may share it with your family and friends. We are not required to agree to your request in compliance with HIPPA, and Privacy Act Rules.
  • Request confidential communications of your health information.
  • Review and copy health information in your medical and billing records upon written request. If you request an electronic or paper copy of your health information, one will be provided to you within 3 to 10 days of your request. You may be charged no more than 75¢ per page for paper copies. For electronic copies, we may also charge you a reasonable fee for using electronic media.
  • Request amendment (changes) to information in your medical and billing records. You must make your request to change, in writing and provide a reason for the request. We are not required to agree to your request, but will let you know in writing, and state a reason, when we do not agree. If we agree, your suggested amendment will be added to your record.
  • Name a personal representative who may act on your behalf to control the privacy of your health information.
  • Requests must be made in writing to: legal@medically-no-nonsense.com.

4.22. We are required by federal and state law to keep the privacy and security of health information that may tell your identity. If there is a breach of privacy that compromises your identifiable health information, we will notify you by email.

4.23. We are required to provide you with a copy of this notice and agree to the terms of this notice. We reserve the right to change the terms of this notice; the revised notice will be effective for all health information that we keep. We will post any revised notices on MNN Web Site.

5. INDEMNIFICATION

5.1. You agree to indemnify and hold harmless MNN, its parents, affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims damages and expenses, including attorneys’ fees, arising out of your use of the MNN Web Site, or your violation or alleged violation of the terms of this Agreement.

6. CHOICE OF LAW

6.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

7. DISPUTES AND BINDING ARBITRATION

7.1. If you believe that MNN has not complied with this Agreement, or if you have any other complaint, you may send a written notice of complaint by email to: legal@medically-no-nonsense.com.The email should be sent with options: “Request a Delivery Receipt” and “Request a Read Receipt”.

7.2 In the event of any dispute you must first contact MNN at: legal@medically-no-nonsense.com for mutual settlement.  The email should be sent with options: “Request a Delivery Receipt” and “Request a Read Receipt”. You must allow 60-days from the date of email submission for mutual settlement.

7.3. ALL PARTIES AGREE TO  BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

7.4. All disputes between you and MNN will be resolved by binding arbitration.  You thus give up your right to litigate disputes with us in court.  Disputes will be decided by a neutral arbitrator and not a judge or jury.

7.5. To settle disputes, both parties agree to submit to American Arbitration Association seated in Atlanta, Georgia or Atlanta International Arbitration Society (ATLAS), seated in Atlanta, Georgia.

8. MODIFICATIONS

8.1. We reserve the right to change the Terms and Conditions in this document and documents contained in Legal Notices at any time without prior notice.  Such modifications shall be effective immediately upon posting the modified terms and conditions on MNN.

8.2. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use.

8.3. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AND NOT USE MNN WEB SITE.

8.4. The most current version of these Terms and Conditions can be viewed at any time at MNN.

8.5. Date of last revision of Terms of Use (TOU):  December 15, 2014.