NOTICE OF PRIVACY PRACTICES

THIS NOTICE OF PRIVACY PRACTICES AND WEBSITE PRIVACY POLICY (THIS “NOTICE”) DESCRIBES HOW HEALTH AND OTHER PERSONAL INFORMATION ABOUT YOU MAY BE COLLECTED, USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO YOUR INFORMATION. PLEASE REVIEW IT CAREFULLY. POLICY EFFECTIVE DATE IS MAY 8, 2015.

MDProactive understands the necessity of maintaining the privacy of your protected health information (or “PHI”). PHI is information that could be used to identify you in relation to: (i) your past, present or future physical or mental health or condition; (ii) the provision of health care to you; or (iii) the past, present or future payment for the provision of health care to you. MDProactive is required by law to maintain the privacy of PHI and to provide you with this Notice of our legal duties and privacy practices. MDProactive requires all contractors and/or anyone accessing your information or entering information into your record to abide by the practices and uses as provided in this Notice.
MDProactive is required by law to abide by the terms of this Notice that is currently in effect. This Notice will remain in effect until such time as a replacement Notice is provided by MDProactive. MDProactive reserves the right to make changes to this Notice and to make the revised or changed Notice effective for all PHI MDProactive maintains. Any changes to this Notice will be posted on our website at: www.mdproactive.com (“Website”). You may view a copy of this Notice at any time at our Website or you may receive a paper copy of the Notice or receive further information about this Notice by calling our customer service department at (630) 369-6644.

1. INFORMATION MDPROACTIVE MAY COLLECT

To access and use our services, MDProactive must collect certain information about you. This information may be collected directly from you orally or on Website applications or other forms. The following information will be required in order to utilize MDProactive’s services: (i) name; (ii) address; (iii) telephone number; (iv) gender; (v) date of birth; (vi) email address; (vii) payment information; and (viii) any other pertinent information required to complete your electronic medical record. You will also be required to select a password to access and protect your MDProactive account information. MDProactive will create and maintain a record of the care and services you receive. This may include electronic medical records, audio and/or video files associated with consultations, e-mails referencing services and test results, if applicable. In addition, this information may include your transactions with MDProactive, its affiliates and others.

2. COOKIES

Through our Website, information is collected through an Internet “cookie,” an information-collecting device from a web server. “Cookies” are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our Website. Most browsers accept cookies automatically but can be configured not to accept them or to indicate when a cookie is being sent.

3. HOW MDPROACTIVE MAY USE AND DISCLOSE PHI

MDProactive may use and disclose information about you in providing the telehealth services. While we cannot describe every type of information that we use or disclose, all of the ways we are permitted to use and disclose information will fall within one of these categories:
Treatment: Your health care provider may ask us to use or disclose PHI in connection with consultations, treatment or in connection with the provision of follow-up treatment.
Payment: We may use and disclose your PHI to your health insurer or health plan in connection with the billing, processing and payment of claims or other charges. NOTE: MDProactive does not currently accept payments from health insurance providers.
Health Care Operations: We may use and disclose PHI as part of our services. For example, we may use and disclose information to provide customer service or to conduct quality review assessment. MDProactive will engage third parties to provide various services for MDProactive, including the physicians who respond to inquiries and provide consultations. If any such third party must have access to your PHI in order to perform its services, MDProactive will require that third party to enter into an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.
Appointments: MDProactive may contact you to make or to remind you about a telehealth appointment with a physician.
Health-Related Benefits and Services: We may use your PHI to tell you about other health related benefits, products or services that may be of interest to you.
Individuals Involved in Payment for Your Care: Unless you request otherwise, MDProactive may give information to someone who helps pay for your care or provide usage information to your employer to pay bills. You may restrict some or all of these disclosures by requesting the restriction in writing to: MDProactive LLC, 1995 Springbrook Square Drive, Naperville, Illinois 60564.
Business Associates: MDProactive may contract with outside businesses or physicians to provide some services for us. Under these contracts, we may share your medical information with them in order for them to provide their services under the contract. Any other business or individual with which we contract shall be required to protect the medical information or PHI we share with them.
Permitted or Required by Law: MDProactive may release information when requested by law enforcement officials or when permitted or required by local, state or federal law.
More Stringent Laws: MDProactive offers their services in many states across the United States. In some cases, we may be required to follow the state law provisions on use and disclosure of your PHI, which may be more stringent than those outlined in this Notice.
Research: Under certain circumstances, MDProactive may use and share your PHI for research purposes. If you do not want to participate in research efforts, you must notify a MDProactive customer service representative at (630) 369-6644 and follow-up in writing to: MDProactive LLC, 1995 Springbrook Square Drive, Naperville, Illinois 60564.
To Avert a Serious Threat to Health or Safety: MDProactive may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosures, however, would only be to someone able to help prevent the threat.

4. HOW MDPROACTIVE MAY USE AND DISCLOSE PHI – SPECIAL CIRCUMSTANCES

Health Oversight Activities and Registries: MDProactive may disclose your PHI to a health oversight agency for activities authorized by law such as audits, investigations, inspections, licensing and disciplinary actions relating to the health care system or government benefit programs. These activities are necessary for the government to monitor the health care system, government programs and compliance with civil rights laws.
Public Health Risks: MDProactive may share your PHI with public health authorities or other governmental authorities as required by law for certain purposes including: (i) preventing or controlling disease, injury or disability; (ii) reporting child or vulnerable adult abuse or neglect or domestic violence incidents; (iii) reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity; (iv) notifying people of recalls of products they may be using; and (v) notifying a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition.
Workers Compensation: MDProactive may share your PHI for workers’ compensation claims to the extent and as required by law. If you are involved in a lawsuit or dispute, MDProactive may be required to disclose PHI in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request or other lawful process by someone else involved in the dispute, but only if the request indicates that the person or entity seeking the information has either: (i) made a good faith attempt to notify you (or your legal representative) of the request and any time provided for objection to the request has passed without objection or any objection has been resolved in favor of providing the information; or (ii) a qualified protective order protecting the information has been agreed upon or requested from the court or administrative tribunal.
Law Enforcement: Under certain circumstances, MDProactive may disclose your PHI to a law enforcement official, such as in response to a court order, subpoena, warrant, summons or similar process for purposes of identifying or locating a suspect, fugitive, material witness or missing person, as relating to the victim of a crime, about a death we believe may be the result of criminal conduct, in emergency situations to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.
Decedents: Under certain circumstances, MDProactive may disclose PHI to coroners, medical examiners and funeral directors for purposes such as identifying individuals, determining the cause of death and fulfilling duties relating to decedents.
National Security Concerns: MDProactive may release medical information about you to authorized federal officials for intelligence, counter-intelligence and other national security activities authorized by law.
Military and Veterans: If you are, or were, a member of the armed forces, MDProactive may release PHI about you as required by military command authorities. If you are a member of foreign military service, MDProactive may disclose, in certain circumstances, your PHI to the foreign military authority.

5. YOUR RIGHTS REGARDING YOUR PHI

You have the following rights regarding PHI MDProactive maintains about you:
Right to Inspect and Receive Copies: You have the right to access, inspect or make copies of your PHI. Your request must be made in writing to: MDProactive LLC, 1995 Springbrook Square Drive, Naperville, Illinois 60564. MDProactive may charge a reasonable fee for the cost of complying with your request.
Right to Amend: If you feel that the information MDProactive has about you is incorrect, you may request an amendment for as long as the information is kept and created by MDProactive. This request must be made in writing to: MDProactive LLC, 1995 Springbrook Square Drive, Naperville, Illinois 60564, and must include a reason to support your request. Under certain circumstances, MDProactive may deny your request by sending you a written notice of denial. If your request is denied, you may submit a statement of disagreement to be included in your records.
Right to an Accounting of Disclosures: You have the right to receive an accounting of all disclosures of your PHI made by us within the previous six years. The accounting will not include: (i) disclosures made for purposes of treatment, payment or health care operations; (ii) disclosures to you or to third parties to whom you or your legally authorized representative have authorized disclosure; (iii) oral or incidental disclosures; and (iv) disclosures made for purposes of national security or to correctional institutions or law enforcement officials as described in this Notice. Your request must be submitted to MDProactive in writing and must include the specific time period for which you are making the request. If you submit more than one request within any twelve-month period, MDProactive may charge you for the cost of fulfilling your request. If such a charge will be made, MDProactive will notify you prior to the fulfillment of your request and you may choose to withdraw or modify your request at that time before any costs are incurred.
Right to Request Restricted Use: You have the right to request restrictions or limitations on the PHI MDProactive uses or discloses about you for treatment, payment or health care operations. The request for restrictions must be made in writing to: MDProactive LLC, 1995 Springbrook Square Drive, Naperville, Illinois 60564, and specify the information you wish to limit, along with the person(s) to whom you want the limitations to apply. MDProactive is not, however, required to agree to a requested limitation or restriction and will notify you if we do not agree to a requested restriction.
Right to Confidential Communications: You have the right to receive confidential communications of your PHI. You may request, in writing, that MDProactive contact you through an alternate means or at a different location. MDProactive will comply with all reasonable requests.
Complaints: If you believe your privacy rights have been violated, you may file a complaint with MDProactive and/or with the Secretary of the Department of Health and Human Services. All complaints directed to MDProactive must be in writing. To file a complaint with us, please mail your written complaint to: MDProactive LLC, Attention: Complaint Department, 1995 Springbrook Square Drive, Naperville, Illinois 60564. You will not be penalized for filing a complaint.

6. OUR SECURITY SAFEGUARDS

MDProactive has established safeguards to ensure the security and confidentiality of information about you. These safeguards include protection against any anticipated threats or hazards to the security or integrity of the information, as well as protection against the unauthorized access to or use of this information. When you interact on our Website, all of your information, including your credit card number and delivery address, is transmitted through the Internet using Secure Socket Layers (“SSL”) technology. SSL technology causes your browser to encrypt your information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Website from capturing and viewing your personal information. MDProactive restricts access to your information to those employees who need to know that information to provide products or services to you or on your behalf.
While MDProactive is dedicated to the protection of your personal information from unauthorized use or disclosure, no data transmission over the Internet can be guaranteed to be 100% secure. MDProactive cannot ensure or warrant the security of any information you transmit to us on our Website.

7. YOUR RIGHT TO A PAPER COPY OF THIS NOTICE

You have the right to receive a paper copy of this Notice at any time, even if you have agreed to receive this Notice electronically. To obtain a paper copy of this Notice, contact an MDProactive customer service representative at (630) 369-6644.