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PRIVACY POLICY
FOR PROTECTED HEALTH INFORMATION

SPECIFIC TO PLANNED PARENTHOOD DIRECT (the ‘Service’)

 

THIS PRIVACY POLICY (‘NOTICE’) DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED OR DISCLOSED BY PLANNED PARENTHOOD AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

PLEASE REVIEW THIS NOTICE CAREFULLY, ESPECIALLY THE PARAGRAPHS ABOUT THE RISKS OF USING ELECTRONIC COMMUNICATIONS AND THE RISKS OF PLANNED PARENTHOOD STORING YOUR HEALTH INFORMATION ELECTRONICALLY. EFFECTIVE DATE OF THIS NOTICE: January 31, 2017

 

If you have any questions about this Notice, please contact the Privacy Officer listed at the bottom of this Notice.

 

For the avoidance of doubt, this Notice relating to the Service available through the Planned Parenthood Direct mobile application (‘the App’) is different from the Notice of Privacy Practices that governs any care you receive in a Planned Parenthood health center and different from Privacy Policies on Planned Parenthood websites.

 

OUR PLEDGE REGARDING YOUR HEALTH INFORMATION

We understand that health information about you and your health care is personal. We are committed to protecting health information about you. We will create records of the care you receive from us. We do so to provide you with quality care and to comply with any legal or regulatory requirements.

This Notice applies to all of the records generated or received by Planned Parenthood whether we documented the health information, or you provided the health information. This Notice will tell you the ways in which we may use or disclose health information about you. This Notice also describes your rights to the health information we keep about you, and describes certain obligations we have regarding the use and disclosure of your health information. This Notice also describes the risk of using electronic communications and the risk of Planned Parenthood storing your health information related to the Service electronically.

Our pledge regarding your health information is backed up by federal and California state law. The privacy and security provisions of the federal Health Insurance Portability and Accountability Act (“HIPAA”) require us to:

  • Make sure that health information that identifies you is kept private
  • Provide to you this notice of our legal duties and privacy practices with respect to health information about you
  • Follow the terms of the notice that is currently in effect; and
  • Notify you following a breach of your unsecured protected health information.  California also requires this

 

RISK OF USING ELECTRONIC COMMUNICATIONS AND RISK OF PLANNED PARENTHOOD STORING YOUR HEALTH INFORMATION ELECTRONICALLY

We take a number of steps to safeguard the security of all electronic communications we send you and you send us through the App.

We also take a number of steps to safeguard the security of your health information that we store in our various electronic systems. The majority of the information that we store about you relating to the Service we store electronically. Some of the information we store is held on servers outside California but still within the continental United States of America.

Despite the administrative, technical and physical safeguards we take, there is a risk that the safeguards will not be sufficient. This means that there is a risk that unauthorized parties may read electronic communications that we send you and you send us and that unauthorized parties may gain access to and control over your health information that we store electronically. The fact that we store your information on separate electronic systems increases this risk. By using the Service you agree that you have read and accept this risk.

We also take safeguards to make sure that any photo consent you upload through the App is only accessible through the App and is not visible elsewhere on your mobile telephone. Despite the safeguards we take, there is a risk that any photo consent you upload through the App may be accessible elsewhere on your mobile telephone and visible to anyone who accesses your phone. If you back-up data from your phone there is a risk that your health information may be backed up and stored elsewhere.

 

HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU

The following categories describe different ways that we may use or disclose health information about you. Unless otherwise noted, each of these uses and disclosures may be made without your permission. For each category of use or disclosure, we will explain what we mean and give some examples.

Not every use or disclosure in a category will be listed. However, unless we ask for a separate authorization, all of the ways we are permitted to use and disclose information will fall within one of the categories.

For Testing and Treatment: We may use health information about you to provide you with healthcare and treatment, and testing services, or to coordinate such care, treatment or services. We may disclose health information about you to other Planned Parent Affiliate providers, or other doctors, nurses, technicians, health students, volunteers or other personnel who are involved in taking care of you.

When you register for this Service on the App we will send an email to the email address you provide. If you click on the initial email we send you we may also send you marketing emails to encourage you to use our service again or to tell you about new online services we are launching.

By giving us your email address you are agreeing to us sending you emails. It will be clear to anyone who sees the emails we send you that the emails come from Planned Parenthood. Anyone who gets or has access to an email we send you can read, forward, copy, delete or change it. This includes people who have permission to read your emails and those who don’t.

By giving us your telephone number you are agreeing to us calling you and leaving voice messages and sending you text messages on the number you provide. It will be clear to anyone who has access to your telephone or voicemail or text messages that messages we send you come from Planned Parenthood.

We share your information with LMND Medical Group, Inc., A Professional Corporation, (“LMND”), a California Professional Medical Corporation. Doctors and nurses and other personnel working at LMND act as Planned Parenthood providers to deliver the Service.

We share your information with a pharmacy provider if you ask us to send a prescription to a pharmacy. When applicable and feasible, pharmacy databases used for the Service on this App may share your prescription health information with healthcare providers providing care and treatment to you through this Service on the App.

For Payment: We may use and disclose health information about you so that the treatment and services you receive from us may be billed to and payment collected from you. For example we will need to share the credit or debit card details you provide with our bank and payment processor.

For Health Care Operations: We may use and disclose health information about you for operations of our health care practice. These uses and disclosures are necessary to run our practice and make sure that all of our patients receive quality care. For example, we may use health information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may remove information that identifies you from this set of health information so others may use it to study health care delivery without learning who our specific patients are. We may call you on the telephone number you give us to seek feedback on the Service.

We share your information with Icebreaker Health Inc. Icebreaker Health Inc. provides a range of technical, operational and administrative services to Planned Parenthood to enable Planned Parenthood to deliver the Service.

Icebreaker Health Inc. works with various information technology subcontractors with whom it needs to share your information to provide the Service. Where ever possible Icebreaker Health enters into agreements with these technical subcontractors to ensure that subcontractors take appropriate steps to protect your information. Some of these subcontractors are located outside California and some are located outside the United States of America.

We may also share your information with a third party mail order pharmacy, which will be responsible for packaging and mailing your medicine to you, if you choose that option. This mail order pharmacy may be located outside California but will be within the United States of America.

If we are sending you a test kit or medicine, we share your name and shipping address with the US Postal Service when we purchase postage and print your shipping address label.

We share your telephone number with various telecommunications providers when we telephone you, or use your telephone to message you or otherwise communicate with you.

We use a number of technologies to collect technical information about you. We use this technical information to understand how you and others use the Service. These technologies include Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking software, including Google Analytics, Facebook SDK and AppsFlyer. These technologies let us do a number of things to improve our operations and specifically enable us to collect: data on websites you visited before downloading the App; tracking data on some of the actions you take within the App; information such as your IP address; geo-location data; data about the model and make of your mobile telephone handset and the operating system you have running on your handset and the mobile telephone carrier you are using. Because we use Google Analytics, Facebook SDK and AppsFlyer a sub-set of your personal information will be captured by Google, Facebook and AppsFlyer, including your IP address, MAC address, click data, location data, data about your mobile handset including make, model and operating system, order number, and the fact that you are using the Service. While we do not enter into agreement with Google, Facebook or AppsFlyer to protect your information to the same extent that we protect your information, Google, Facebook and AppsFlyer are restricted in how they use your information by their respective Terms of use and their Privacy Policies.

Because we provide the Service on a mobile application, we do not respond to ‘Do not track’ requests from web browsers. However when you have registered and created an account on the App, you can turn off analytical tracking within the App by going into Settings and turning off ‘Allow Tracking’.

Research: There may be situations where we want to use and disclose health information about you for research purposes. For example, a research project may involve comparing the efficacy of one medication over another. For any research project that uses your health information, we will either obtain an authorization from you or ask an Institutional Review or Privacy Board to waive the requirement to obtain authorization. A waiver of authorization will be based upon assurances from a review board that the researchers will adequately protect your health information.

As Required By Law: We will disclose health information about you when required to do so by federal, state, or local law.

To Avert a Serious Threat to Health or Safety: We may use and disclose health 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 disclosure, however, would only be to someone able to help prevent the threat.

Public Health Risks: We may disclose health information about you for public health activities. These activities generally include the following:

  • To prevent or control disease, injury or disability;
  • To report child abuse or neglect;
  • To report reactions to medications or problems with products;
  • To notify people of recalls of products they may be using;
  • To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
  • To notify the appropriate government authority if we believe you have been the victim of abuse, neglect, or domestic violence.

We will only make this disclosure if you agree or when required or authorized by law.

Health Oversight Activities: We may disclose health information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, accreditations, investigations, inspections, and licensure. These activities are necessary to monitor the health care system, quality assurance, government programs, and compliance with civil rights laws and other laws and/or guidelines.

Lawsuits and Disputes: If you are involved in a lawsuit or a dispute, we may disclose health information about you in response to an order issued by a court or administrative tribunal. We may also disclose health information about you in response to a lawful subpoena, discovery request, or other lawful process by someone involved in the dispute.

We will make all reasonable efforts to also lawfully comply with any order provided to us by you that lawfully protects the information requested.

Law Enforcement: We may release health information to law enforcement officials:

  • In response to a lawful court order, subpoena, warrant, summons or similar process;
  • To identify or locate a suspect, fugitive, material witness, or missing person when asked by law enforcement officials or those assisting them (e.g., missing persons announcements on TV, radio, newspapers, Amber alerts);
  • If you are the victim of a crime and 1) you consent or 2) we are unable to obtain your consent because of your incapacity or other emergency;
  • About a death we believe may be the result of criminal conduct;
  • In an instance of criminal conduct at our facility; and
  • In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description, or location of the person who committed the crime.

Coroners, Health Examiners and Funeral Directors: We may release health information to a coroner or health examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release health information about patients to funeral directors as necessary to carry out their duties.

Inmates: If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release health information about you to the correctional institution or law enforcement official. This release would be necessary: (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.

 

USES OF HEALTH INFORMATION REQUIRING AN AUTHORIZATION

The following uses and disclosures of health information will be made only with your written permission:

  • Uses and disclosures of protected health information for marketing purposes;
  • Use and disclosures that constitute the sale of your protected health information;
  • Other uses and disclosures of health information not covered by this Notice or the laws that apply to us.

If you provide us permission to use or disclose health information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose health information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain the records of the care that we provided to you.

 

YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU

You have the following rights regarding health information we maintain about you:

Right to Inspect and Copy: You have certain rights to inspect and copy health information that may be used to make decisions about your care. Usually, this includes health and billing records.

To inspect and copy health information that may be used to make decisions about you, you must submit your request in writing to the Privacy Officer at the contact information listed in this Notice. If you request a copy of your health information, we may charge a fee for the costs of locating, copying, mailing or other supplies and services associated with your request.

California law provides quicker access to records under HIPAA. Under California law, you may review your health information within five business days of our receiving your request. If you request a copy of your health information, we must furnish the copy within 15 days of receiving the request. Planned Parenthood in California complies with these California requirements.

We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to health information, you may in certain instances request that the denial be reviewed. Another licensed health care professional chosen by our practice will review your request and the denial. The person conducting the review will not be the person who denied your initial request. We will comply with the outcome of the review.

Right to Amend: If you feel that health information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as we keep the information. To request an amendment, your request must be made in writing on a form provided by us and submitted to the Privacy Officer at the contact information listed in this Notice.

We may deny your request for an amendment if it is not the form provided by us and does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:

  • Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
  • Is not part of the health information kept by or for our practice;
  • Is not part of the information that you would be permitted to inspect and copy; or
  • Is accurate and complete.

Any amendment we make to your health information will be disclosed to those with whom we disclose information as previously specified.

 

Right to an Accounting of Disclosures: You have the right to request a list (accounting) of any disclosures of your health information we have made, except for uses and disclosures for treatment, payment, and health care operations, as previously described. To request this list of disclosures, you must submit your request on a form that we will provide you. Your request must state a time period that may not be longer than 6 years. The first list of disclosures you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. We will mail you a list of disclosures   in paper form within 30 days of your request, or notify you if we are         unable to supply the list within that time period and by what date we can supply the list; but this date should not exceed a total of 60 days from the date you made the request.

 

Right to Request Restrictions: You have the right to request a restriction or limitation on the health information we use or disclose about you for treatment, payment, or health care operations. You also have the right to request a limit on the health information we disclose about you to someone who is involved in your care or the payment for your care. For example, you could ask that we not disclose information about a procedure you had.

 

Although we will try to accommodate your request for restrictions, we are not required to do so if it is not feasible for us to ensure our compliance with law or we believe it will negatively affect the care we may provide you. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment. To request a restriction, you must make your request on a form that we will provide you. In your request, you must tell us what information you want to limit and to whom you want the limits to apply. However, we are required to agree to any request by you to restrict disclosures of protected health information to health insurers if you have fully paid for your health services pertaining to such disclosures using your own money.

 

Right to Request Confidential Communications: By using the Service, you forgo your right to request that we communicate with you in a certain way. The nature of the Service is that other than the hard copy communications we mail to you with medicine, all other communications will be electronic or by telephone.

 

Right to a Paper Copy of This Notice: You have the right to obtain a paper copy of this Notice at any time upon request, even if you have received the Notice electronically. Please submit your request for a copy of this Notice to the Privacy Officer at the contact information listed in this Notice.  You must submit your request in writing.

 

 

CHANGES TO THIS NOTICE

We reserve the right to change this Notice. We reserve the right to make the revised or changed Notice effective for health information we already have about you as well as any information we receive in the future. We will post a copy of the current Notice on the app. The Notice contains the effective date on the first page.

 

COMPLAINTS

If you believe your privacy rights have been violated, you may file a written complaint with us or with the Secretary of the Department of Health and Human Services. You will not be retaliated against for filing a complaint. To file a complaint with us, please contact the Privacy Officer listed in the Notice.. You must submit your complaint in writing.

 

CONTACT DETAILS FOR PRIVACY OFFICERS:

 

Depending upon where you are in California, one of the California Planned Parenthood organizations will be responsible for your care.

 

To contact the Privacy Officer at the Planned Parenthood organization that is responsible for your care, please contact:

 

Planned Parenthood Affiliates of California 555 Capitol Mall, Suite 510, Sacramento, CA 95814 Attention: Privacy Officer

Phone: 916.446.527

Fax:  916. 441.0632