HIPAA Notice

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.

Visana Health, Inc. ("Visana Health") is committed to protecting the privacy and security of our customers' data. To that end, we operate in compliance with all applicable privacy and data protection laws including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH") and implementing regulations. 

This Notice of Privacy Practices (“Notice”) describes the practices that we will follow with respect to the privacy of the health information of users of this site and our mobile applications and related services (“Services”).

What Health Information We Collect
Visana Health takes the confidentiality of your health information seriously.  In providing our Services, some of the information we collect may constitute protected health information (“PHI”) under HIPAA. PHI is personal (individually identifiable) information about you that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care, which is created, received, transmitted or maintained by Visana Health. This Notice of Privacy Practices describes how we protect the privacy of your protected health information as a user of our Services. As a provider of health services, Visana Health has certain obligations under HIPAA for maintaining the privacy and security of your PHI collected while performing our Services.

What Information We Disclose
When you use our Services, Visana Health may use and disclose your PHI for the purposes described below. These uses and disclosures do not require your prior authorization. You may revoke your authorization for us to use or share your health information at any time, except for uses or disclosures we have already made. Visana Health may use and disclose your health information for the following purposes:

Treatment:
We can use and share your health information with healthcare professionals to treat you.  For example, we can disclose your information to your Visana Coach in order to personalize your experience.

Payment:
We may use and share your health information to obtain payment for our services.  For example, we may disclose your PHI to your health plan to determine whether you are enrolled with the payer or eligible for health benefits or to get payment for our services.

Health Care Operations:
We may use and share your health information for our operations related to health care. For example, we may use your health information to administer your account, including your assignment and enrollment in your Peer Group.

We may also use PHI to:

Participate in health information exchanges (HIEs) so that we can share, request, and receive electronic health information from other health care organizations for treatment, payment, and healthcare operations purposes as described above. If you do not want your information to be shared through an HIE, you can opt out at any time by sending an opt-out request to hie@visanahealth.com. We will never share information related to HIV testing, diagnosis, treatment and medication, abortion care, or gender affirming care.

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Business Associates:
From time to time, we work with other companies and individuals who help us deliver our services, known as “business associates.”  These entities are required to keep any PHI confidential and store it securely. For example, we use business associates to help store the data that we collect.

De-identifiable and Aggregated Data:
We may use and disclose your PHI in a de-identifiable and aggregated manner to analyze our users’ experiences and help improve our services.

Research:
We can use or share your information for health research as authorized by law. 
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As Required by Law:
We may use or disclose your PHI if state or federal laws require it.
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Public Health and Safety:
We may use and disclose your PHI to prevent or minimize a serious threat to your health and safety or that of another person.  We may also disclose PHI to those assisting in disaster relief efforts so that others can be notified about your condition, status and location.

Law Enforcement Activities:
We may also provide PHI to law enforcement officials, for example, in response to a warrant, investigative demand or similar legal process, or for officials to identify or locate a suspect, fugitive, material witness, or missing person. We may also disclose PHI to appropriate agencies if we reasonably believe an individual to be a victim of abuse, neglect or domestic violence.

Legal Proceedings:
We may disclose PHI to respond to a court or administrative order, or in response to a warrant, investigation demand or other legal process.
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We may also use and disclose your PHI for other purposes as permitted by HIPAA.

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Health Information Exchanges:

We participate in secure, HIPAA-compliant HIEs. HIEs can help coordinate patient care efficiently by allowing service or care providers involved in your care to share information with each other for treatment, payment and healthcare operations purposes in a secure and timely manner.

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Some HIEs require your consent, and some allow for the exchange and sharing of PHI among healthcare providers unless a patient opts-out of the HIE. If you do not opt-out of certain HIEs, your PHI will be available through the HIE network in accordance with this Notice and applicable law. You can opt out at any time by sending an opt-out request to hie@visanahealth.com. However, information that is sent over to or via an HIE prior to processing your opt-out may continue to be maintained by, and accessible through, the HIE. Note that your consent to share your information within the HIE is not a condition for receiving care from Visana Health.

  

Note Regarding State Law
Where state law is more restrictive of disclosure than federal law, we are required to follow the more restrictive state law.

Your Rights
As a user of Visana Health’s services, you have rights with respect to your health information:

• Right to Inspect and Obtain a copy of PHI: You have a right to inspect and obtain a copy of your protected health information we maintain.
• Right to Request Restrictions: You may request that we limit what information we use or share.  We will notify you within 60 days whether we can agree to your request. If you pay for a service or health care item out of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share.
• Right to Request Alternative Means of Confidential Communication: You have the right to request that copies of your medical information be provided by alternative means. 
• Right to Request Corrections: You have a right to request that we correct your protected health information that you think is incorrect or incomplete.
• Right to Receive an Accounting of Disclosures: You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why. We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
• Right to Obtain a Paper Copy of this Notice: You have the right to obtain a paper copy of this notice upon request at the address below.
• Right to File a Complaint: You may file a complaint with us if you believe your Privacy Rights have been violated.  To file a complaint, or to ask any questions about this Notice of Privacy Practices, send an email to us at contact@visanahealth.com, or write to us at the following address: 3524 Hennepin Ave #3, Minneapolis, MN 55408.
• You also have the right to file a complaint with the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights. We will not retaliate against any individual for filing a complaint. Our Responsibilities• We are required by law to maintain the privacy and security of your protected health information.
• We will not use or disclose your PHI for marketing purposes or to sell your PHI, unless you have agreed to this use or disclosure. 
• We must follow the duties and privacy practices described in this notice and give you a copy of it.
• We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
• You have the right to opt-out of the electronic sharing of your PHI through HIEs. You can opt out at any time by sending an opt-out request to hie@visanahealth.com

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‍Changes to the Terms of this Notice
From time to time, we may change this privacy statement, which is applicable to all PHI we maintain about you. For example, as we update and improve our services, new features may require modifications to the privacy statement. The new notice will be available on our website. Accordingly, please check back periodically.