Notice of Privacy Practices

Please read this Notice. It explains when medical information may be used or shared, how Archie Health handles that information, and how you can use your rights.

Archie Health, LLC (“Archie Health,” “we,” “us,” or “our”) supplies software, not clinical care. Independent clinicians (“Providers”) are responsible for the medicine they practice and for their own privacy notices.

When Archie Health handles protected health information (“PHI”) on behalf of a Provider, it does so in accordance with applicable law and its agreement with that Provider. Each Provider’s Notice of Privacy Practices governs the Provider’s use and disclosure of PHI and your rights concerning Provider-maintained medical records. This Notice supplements, but does not replace, the applicable Provider’s notice.

Information that is not PHI is governed by the Archie Health Privacy Policy and Terms of Use. If this Notice conflicts with applicable law or a Provider’s Notice of Privacy Practices regarding PHI, the applicable law or Provider notice controls.

For clarity, references to “we,” “us,” or “our” in the sections describing patient rights and permitted uses of PHI include Archie Health when acting on behalf of the applicable Provider. Requests concerning a Provider-maintained medical record may need to be completed by that Provider.

Rights you can exercise

You have legal rights in your health information. Those rights usually attach to records a Provider keeps. You can write the Provider, or ask Archie Health (using the contact details below) to help direct your request.

Request a digital or printed copy of your medical record

• You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
• We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask for a correction to your medical record

• You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
• We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Choose how we contact you

• You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
• We will say “yes” to all reasonable requests.

Ask us to restrict uses and sharing

• You can ask us not to use or share certain health information for treatment, payment, or our operations. We do not have to agree to your request, and we may say “no” if it would affect your care.
• If you pay for a service or healthcare item out-of-pocket in full, you can ask us not to share that information with your health insurer for payment or healthcare operations. We will agree unless applicable law requires us to share the information.

Request 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 healthcare 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.

Ask for a copy of this notice

You can ask for a paper copy of this Notice at any time, even if you agreed to receive it electronically. We will provide a paper copy promptly.

Appoint someone to act for you

• If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
• We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you believe your rights were violated

• You can complain if you believe your privacy rights have been violated by contacting the applicable Provider or Archie Health using the information below.
• You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by visiting hhs.gov/hipaa/filing-a-complaint or calling 1-877-696-6775.
• We will not retaliate against you for filing a complaint.

Choices about sharing

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

• Share information with your family, close friends, or others involved in your care
• Share information in a disaster relief situation

If you cannot tell us your preference, for example, if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

• Marketing purposes
• Sale of your information
• Most sharing of psychotherapy notes

How health information may be used

How is your health information typically used or shared? Treatment. Health information may be used and shared with professionals involved in your care. Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Healthcare operations. Health information may be used and shared to operate the Services, improve care, coordinate treatment, and contact you when necessary. Example: Information about your treatment may be used to coordinate the services you receive.

Payment. Health information may be used to process your payment for Services. Archie Health does not bill health insurance.

How else may health information be used or shared?

Health information may be used or disclosed in other ways permitted or required by law, including for public health, safety, research, oversight, and legal proceedings. Applicable legal requirements must be satisfied before these disclosures are made.

Public health and safety. Health information may be shared for purposes such as:

• Preventing disease;
• Helping with product recalls;
• Reporting adverse reactions to medications;
• Reporting suspected abuse, neglect, or domestic violence; or
• Preventing or reducing a serious threat to anyone’s health or safety.

Do research. We can use or share your information for health research.

Comply with the law. We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Respond to organ and tissue donation requests. We can share health information about you with organ procurement organizations.

Work with a medical examiner or funeral director. We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Workers’ compensation, law enforcement, and government requests. Health information may be used or shared:

• For workers’ compensation claims;
• For law-enforcement purposes or with a law-enforcement official;
• With health-oversight agencies for activities authorized by law; or
• For special government functions such as military, national-security, and presidential-protective services.

Respond to lawsuits and legal actions. We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Other permitted uses and disclosures. Health information may also be used or disclosed as permitted by applicable law, including at your request; for reminders about your care, prescription, refills, or shipments; to discuss treatment alternatives or health-related services; to service providers that perform functions involving PHI under appropriate agreements; to avert a serious threat to health or safety; and for other uses incidental to a permitted use or disclosure. Information may also be aggregated or de-identified in accordance with applicable law.

Substance use disorder records. To the extent we or a Provider maintain substance use disorder patient records subject to 42 CFR Part 2, those records will not be used or disclosed in civil, criminal, administrative, or legislative investigations or proceedings against you without your written consent or a court order accompanied by a subpoena, as required by applicable law.

What we must do

• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
• We must follow the duties and privacy practices described in this notice and give you a copy.
• 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.

Nondiscrimination and language access

Archie Health complies with applicable federal civil-rights laws and does not discriminate, exclude, or treat people differently on the basis of race, color, national origin, age, disability, sex, or any other characteristic protected by law. We provide appropriate aids and language-assistance services when required by law. To request assistance or file a grievance, contact:

Archie Health, LLC, Attn.: Compliance Officer, 8 The Green, Suite B, Dover, DE 19901 (registered office)
Email: support@archiehealth.org
Phone: (762) 862-2612

You may also file a civil-rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, through the OCR Complaint Portal, by calling 1-800-368-1019 (TDD: 1-800-537-7697), or by writing to 200 Independence Avenue SW, Room 509F, Washington, DC 20201.

Updates to this Notice

We can change this notice, and the changes will apply to all information we have about you. The new notice will be available upon request and on our website.

How to reach privacy staff

For questions about this Notice, help submitting a privacy request, or assistance identifying the applicable Provider, contact:

Archie Health, LLC, Attn.: Compliance Officer, 8 The Green, Suite B, Dover, DE 19901 (registered office)

Email: support@archiehealth.org
Phone: (762) 862-2612

Other

• Standard email and text messaging may not be secure. If you ask us to communicate health information through these methods, you acknowledge the associated privacy risks. Please use any secure communication method made available through the Platform when possible.
• We typically do not maintain psychotherapy notes.
• Federal and state laws may provide additional protection for particularly sensitive information, including mental-health, substance-use-disorder, or HIV-related information. We comply with applicable laws that impose stricter privacy requirements.