Notice of Privacy Practices
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.
Provided in compliance with 45 C.F.R. § 164.520
Discovery MD uses health information about you for treatment, to obtain payment for treatment, to evaluate the quality of care you receive, and for other administrative and operational purposes. Your health information is contained in a medical record that is the physical property and responsibility of Discovery MD.
How We May Use And Disclose Your Protected Health Information:
- Routine Uses and Disclosures of Protected Health Information
We are permitted under federal law to use and disclose PHI, without your written authorization, for certain routine uses and disclosures, such as those made for treatment, payment, and the operation of our business. The following are examples of the types of routine uses and disclosures of PHI that we are permitted to make:
- For Treatment:We will use and disclose your PHI to provide, coordinate and manage your treatment. For example, we will use your medical history to assess your health and perform requested services.
- For Payment:Your PHI will be used and disclosed, as needed, to obtain payment for the health care services we provide you. For example, we may need to disclose to your health plan information about your current medical condition so that it will pay us for the services that we have furnished you.
- For Health Care Operations:We may also use and disclose your PHI for to support our business activities. For example, we may disclose your PHI to accreditation organizations, auditors, or other consultants to review our practice, evaluate our operations, and tell us how to improve our services.
- Uses and Disclosures That May Be Made Without Your Authorization or Opportunity to Object We may use or disclose your PHI in the following situations without your authorization or providing you the opportunity to object.
- Required by the Secretary of Health and Human Services:We may be required to disclose your PHI to the Secretary of the United States Department of Health and Human Services to investigate or determine our compliance with certain legal requirements.
- Required by Law:We may disclose PHI about you when we are required to do so by federal, state, or local law.
- Public Health:We may disclose PHI about you in connection with certain public health reporting activities. For instance, we may disclose PHI to a public health authority authorized to collect or receive PHI such as state health departments and federal health agencies.
- Abuse or Neglect:We may disclose your PHI to a public health authority or other government authority authorized by law to receive reports of child abuse or neglect. We may also disclose your PHI in situations of domestic abuse to a government agency authorized to receive such information.
- Health Oversight:We may disclose your PHI in connection with certain health oversight activities of licensing and other agencies, such as audit, investigation, inspection, licensure, or disciplinary actions, and civil, criminal, or administrative proceedings.
- Judicial and Administrative Proceedings:We may disclose your PHI in response to a warrant, subpoena, or other order of a court or administrative hearing body, and in connection with certain government investigations and law enforcement activities.
- Coroner and Funeral Directors:We may release your PHI to a coroner, medical examiner or funeral director to identify a deceased person or determine the cause of death.
- Workers’ Compensation:We may release your PHI to workers’ compensation insurers or similar programs.
- Serious Threat to Health or Safety:We may disclose PHI about you also when necessary to prevent a serious threat to your health and safety or the health and safety of others.
- Specialized Government Functions:If you are a member of the Armed Forces, we may disclose PHI about you as required by military command authorities. We also may release PHI about foreign military personnel to the appropriate foreign military authority.
- National Security and Intelligence Activities:We may disclose your PHI to authorized federal officials for intelligence, counterintelligence, protection of the President, other authorized persons or foreign heads of state, for purpose of determining your own security clearance and other national security activities authorized by law.
- Organ Donation:If you are an organ donor, we may disclose your PHI to organ procurement organizations as necessary to facilitate organ donation or transplantation.
- Inmates:We may use or disclose your PHI if you are an inmate of a correctional facility and we created or received your PHI in the course of providing care to you.
- Research:Under certain circumstances, we may disclose your PHI to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your PHI.
- Business Associates:We may disclose your PHI to our business associates so that they can perform the tasks that we hire them to do. Our business associates must guarantee to us that they will respect the confidentiality of your PHI.
- Uses and Disclosures That May Be Made Either With Your Agreement or the Opportunity to Object
Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, orally or in writing, your PHI that directly relates to that person’s involvement in your health care. If you are unable to agree or object to such disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose your PHI to notify or assist in notifying a family member, personal representative or any person responsible for your care of your location or general condition.
- Uses and Disclosures of Protected Health Information Based upon Your Written Authorization
- Marketing:We must obtain your written authorization to use and disclose your PHI for most marketing purposes.
- Sale of PHI:We must obtain your written authorization for any disclosure of your PHI which constitutes a sale of PHI.
- Other Uses:We are also required to obtain written authorization from you for uses and disclosures of PHI other than those described above. If you provide us with such permission, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose protected information about you for the reasons covered by your written authorization. We will be unable to take back any disclosures already made based upon your original permission.
Your Rights Regarding your Protected Health Information:
You have certain rights regarding your PHI, which are explained below. You may exercise these rights by submitting a request in writing to our Privacy Officer at the address below.
- You have the right to request a restriction of your PHI.You have the right to ask for restrictions on the ways in which we use and disclose your PHI for purposes of treatment, payment or health care operations. You may also request that any part of your PHI not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice. Your request must state the specific restriction requested and to whom you want the restriction to apply. We are not required to agree to a restriction that you request, except we must agree not to disclosure your PHI to your health plan if the disclosure (1) is for payment or health care operations purposes and is not otherwise required by law, and (2) the disclosure deals solely with health care items or services that were paid for in full by a person or entity other than your health plan. For example, if you paid out-of-pocket in full for a service, we must agree to your request to restrict disclosure of that information to your health plan.
- You have the right to request that you receive communications containing your PHI from us by alternative means or at alternative locations.You have the right to request that we communicate with you in a certain way or at a certain location. For example, you may ask that we only contact you at home or by mail. We will accommodate reasonable requests. We may also condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact.
- You have the right to opt out of receiving fundraising communications from us.We may contact you for fundraising purposes, and you have the right to opt out of receiving these communications.
- You have the right to inspect and copy your PHI.Except under certain circumstances, you have the right to inspect and copy your PHI, and we are required to provide you access to such PHI for inspection and copying within 30 days after receipt of your request (with up to a 30-day extension if needed). If you ask for copies of this information, we may charge you a cost-based fee for copying and mailing. We will base this fee on current Colorado law. If we maintain your records in electronic format, you have the right to access your PHI in electronic format. It is our policy only to accept written requests for access to medical and billing records. In addition, there are situations where we may deny your request for access to your PHI. For example, we may deny your request if we believe the disclosure will endanger your life or that of another person. Depending on the circumstances of the denial, you may have a right to have this decision reviewed.
- You have the right to amend your PHI.If you believe that PHI in your records is incorrect or incomplete, you have the right to ask us to correct the existing information or to correct the missing information. We will respond to your request within 60 days (with up to a 30-day extension if needed). Under certain circumstances, we may deny your request. We may deny your request if, for example, we determine that your PHI is accurate and complete. If we deny your request, we will send you a written explanation and allow you to submit a written statement of disagreement. It is our policy to require requests for correction or amendment be submitted in writing.
- You have the right to receive an accounting of certain disclosures that we have made of your PHI.You have a right to ask for a list of instances when we have used or disclosed your PHI for reasons other than your treatment, payment for services furnished to you, our health care operations, or disclosures you give us authorization to make. You must specify a time period for the accounting, which may not be longer than 6 years prior to the date of the request. You may request a shorter timeframe. If you ask for this information from us more than once every twelve months, we may charge you a fee. We will respond to your request within 60 days (with up to a 30-day extension if needed).
- You also have the right to be notified if you are affected by a breach of unsecured PHI.
- You have the right to a copy of this Notice in paper form.You may ask us for a copy at any time.
You may complain to us or to the Secretary of the United States Department 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 at (714) 828-1800 ext. 385.
We will not retaliate against you in any way for filing a complaint.
If you have any questions, requests, or concerns about this notice or your Discovery MD-related health information rights or our use and disclosure of health information, please contact:
The Privacy Officer at (714) 828-1800 ext. 385.
EFFECTIVE DATE: February 11, 2021
Notice of Website Privacy Practices
Effective date: February 11, 2021
Discovery MD (“us”, “we”, or “our”) operates the https://discoverymd.com/ website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
- ServiceService is the https://discoverymd.com/ website operated by Discovery MD
- Personal Data. Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- Usage Data. Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Cookies. Cookies are small files stored on your device (computer or mobile device).
- Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject (or User). Data Subject is any living individual who is using our Service and is the subject of Personal Data.
INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
USE OF DATA
Discovery MD uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
Discovery MD may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- To comply with the law
RETENTION OF DATA
Discovery MD will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
DISCLOSURE OF DATA
Disclosure for Law Enforcement
Under certain circumstances, Discovery MD may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Discovery MD may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Discovery MD
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
SECURITY OF DATA
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Discovery MD aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Discovery MD relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
- Google AdWords. Google AdWords remarketing service is provided by Google Inc.You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/adsGoogle also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
- Facebook. Facebook remarketing service is provided by Facebook Inc.You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA https://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada https://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe https://www.youronlinechoices.eu/, or opt-out using your mobile device settings.For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: email@example.com