TERMS OF USE AND PRIVACY PRACTICES
This Agreement (“Agreement”) and the policies referred to herein contain the terms and conditions that apply to your use of the Internet Web Site and services located at http:// www.COMPRAD.com (“Web Site”) and all affiliated web sites owned, operated, licensed or controlled by COMPRAD, LLC (“Company”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEB SITE.
Your access and use of the Web Site creates a binding and enforceable legal agreement between you, the Web Site user, and Company and signifies your acceptance and consent to be bound by the terms and conditions contained in this Agreement. This Web Site provides a web-based service that allows you to obtain second-opinion radiology reports. You represent and warrant that any information you provide is true, correct, accurate and complete.
DISCLOSURE OF MEDICAL INFORMATION
The Company takes seriously the privacy of your medical records and personal information. Accordingly, we have taken all reasonable restrictions necessary to protect your confidentiality in accordance with all applicable laws.
By accessing this site, you acknowledge disclosing medical information to the Company for the purposes of obtaining a second opinion conducted by a qualified radiologist associated with COMPRAD, LLC.
In addition, you authorize the Company and their respective physicians, employees, contractors, business associates and/or agents to access, review, research, analyze, discuss and copy your medical and personal information as may be necessary to provide the second opinion you request. The use of your medical information will not exceed this stated purpose, unless and until you authorize and direct such additional disclosure(s). The second opinion radiology report will be sent to the individual designated by you.
This authorization is effective immediately. You have the right to receive a copy of this authorization directly from the Company upon your request, and you may cancel your consent at any time by written notice to the Company at 1521 Alton Road, #612, Miami Beach, FL 33139.
ELECTRONIC SECURITY MEASURES
Communication between your computer and our servers is encrypted using industry- standard SSL technology. It is the same technology used by online banking systems. Studies are stored on our server temporarily for the purpose of diagnostic viewing. After a retention period of up to 8 weeks, studies are permanently removed from our servers. The access to your studies is monitored, logged and granted only to appropriate parties. Physical access to our server is restricted and monitored.
RELIANCE ON SECOND OPINION
You acknowledge and agree that the second opinion radiology report is exclusively for the purposes of obtaining a second opinion and should not in any form, shape or fashion constitute a diagnosis, medical advice, treatment, medical care or establish any doctor-patient relationship. Furthermore, you understand that your treating physician(s) will remain at all times solely responsible for your diagnosis, care, treatment and evaluation of the second opinion radiology report. Your physician(s) shall directly communicate to you all information contained in the second opinion radiology report.
PAYMENT OF FEES
You acknowledge that you, your physician, your attorney-in-fact or any authorized individual acting on your behalf and who is requesting the second opinion radiology report is responsible for all fees charged by the Company for the services hereunder (including, but not limited to, fees for professional radiology services). You understand that you or your authorized agent must pay these fees in advance, and that it is your responsibility to pursue any third-party insurance reimbursement at your own expense, if any. You have been informed that you have the option to withdraw consent for this second opinion radiology report at any time. However, if you withdraw your consent after payment is made, you will remain responsible for the full amount no money will be refunded.
RELEASE OF LIABILITY
You further release and hold harmless Company and its/their respective physicians, employees, contractors, business associates and/or agents for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as result of any and all uses of the services hereunder and any review, interpretation or analysis or and/or reliance on any and all second opinion radiology reports. Although every effort will be made to generate a second opinion radiology report in reasonably timely fashion, the Company makes no representation or warranty as to the timeframe in which such second opinion radiology report will be generated.
STORAGE OF MEDICAL INFORMATION
The Company will store your personal and medical information, including, but not limited to, radiological images for as long as necessary to render the second opinion radiology report. After the second opinion radiology report is generated, tangible radiology films may be returned to you provided that you have: (i) requested return of such radiology films; and (ii) pre-pay the cost of shipping and handling.
The Company is not responsible for storing, filing, or safe keeping medical, personal or imaging information/films after a second opinion radiology report has been generated or services have been terminated for any reasons. The Company accepts no responsibility for any items, films or records, which may be lost or stolen while being shipped to and/ or from the Company.
LICENSE AND ACCESS
Company grants you a limited license to access and make personal use of www.COMPRAD.com and not to download or modify it, or any portion of it. This license does not include any resale or commercial use of www.COMPRAD.com or its contents; any collection and use of any advertisements, descriptions or prices; any derivative use of www.COMPRAD.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar automated data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Company or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
To the extent that Company’s site contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
RESTRICTIONS ON USE
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of Company or Company’s Website(s) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No material from Company’s Website(s) or any other Company web site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except with express written consent of Company. In addition, you shall not commit any of the following acts through use of Company’s Website(s): a. transmit any content that is invasive of another’s privacy or otherwise objectionable; b. use foul language or post links to adult-oriented content; c. transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of unrequested solicitation; d. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links; or e. collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
VIOLATIONS
In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel its services to, and business relationship with, you.
CHANGES TO POLICIES AND PROCEDURES
The Company reserves the right at any time, with or without notice, to change, alter, modify or delete any of its policies, procedures, terms of service, website content, fees and/or notices. Please check this Agreement periodically for changes. Continued use of the Web Site following the posting of changes to this Agreement shall mean you have read and accept such changes.
HIPAA AND OUR PATIENTS
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The Health Insurance Portability and Accounting Act (“HIPAA”) Privacy Rule controls the use and disclosure of what is known as Protected Health Information (“PHI”). Implementation of and compliance with this rule is not optional for our practice. We are required to give you the attached information.
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Please read and familiarize yourself with the attached material. Feel free to print out a copy for your records.
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Please indicate your receipt of this Notice below. It will be a permanent part of your medical record.
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If you are a parent or legal guardian of a patient, we will need a consent form signed by you for the patient.
Use and Disclosure of Protected Health Information
COMPRAD, LLC may use and disclose Protected Health Information (“PHI”) about you to carry out Treatment, Payment and Healthcare Operations (“TPO”). Please refer to our Notice of Privacy Practices (“Notice”) for a more complete description of such uses and disclosures. You have the right to review our Notice prior to accepting this Notice below. We reserve the right to revise our Notice at any time. Any such revised Notice will be provided to you.
COMPRAD, LLC may mail to your residence any items that assist us in carrying out TPO, such as letters and patient statements.
By indicating your acceptance of this Notice, you are consenting to our use and disclosure of your PHI to carry out treatment, payment and healthcare operations. Your agreement to this Notice may be revoked in writing except to the extent that we may have already made disclosures in reliance upon your prior acceptance.
COMPRAD, LLC
HIPAA Notice of Privacy Practices (“Notice”)
Effective Date: January 1, 2011
This Notice describes how information about you may be used and disclosed and how you can get access to this information. Please review carefully.
If you have any questions about this Notice please contact our administrator via email: admin@comprad.com. This Notice describes how COMPRAD, LLC and our health care professionals, employees, trainees and staff may use and disclose your medical information to carry out treatment, payment or health care operations and for other purposes that are described in this Notice. We understand that medical information about you and your health is personal and we are committed to protecting medical information about you. This Notice applies to all records of your care generated by this practice.
This Notice also describes your rights to access and control your medical information. This information about you includes demographic information, that may identify you and that relates to your past, present and future physical or mental health or condition and related health care services. Typically your medical information will include symptoms, examination and test results, diagnoses, treatment and a plan for future care or treatment.
We are required by law to protect the privacy of your medical information and to follow the terms of this Notice. We may change the terms of this Notice, at any time. The new Notice will then be effective for all medical information that we maintain at that time. We will provide you with any revised Notice if you request a revised copy be sent to you in the mail or provided to you at your next service.
I. Uses and Disclosures of Protected Health Information.
COMPRAD, LLC will ask you to indicate your acceptance of this Notice and once you have accepted this Notice, we will use or disclose your medical information as described in this Notice. Your medical information may be used and disclosed by COMPRAD, LLC and others that are involved in your care and treatment for the purpose of providing health care services to you. Your medical information may also be used and disclosed to pay your health care bills and to support the operation of COMPRAD, LLC.
The following are examples of different ways we use and disclose medical information. These are examples only.
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Treatment:
We may use and disclose medical information about you to provide, coordinate or manage your medical treatment or any related services. This includes the coordination or management of your health care with a third party that has already obtained your permission to have access to your medical information. For example, we could disclose your medical information to a residential care facility that provides care to you. We may also disclose medical information to other physicians who may be treating you, such as your primary care physician, to ensure that the physician has the necessary information to diagnose or treat you.
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Payment:
We may use and disclose medical information about you to obtain payment for the treatment and services you receive from us. For example, we may need to give Medicare, Medicaid or other health insurance plan you maintain information about your treatment plan so that they can make a determination of eligibility or to obtain prior approval for planned treatment.
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Healthcare Operations:
We may use or disclose medical information about you in order to support the business activities of COMPRAD, LLC. These activities include, but are not limited to, reviewing our treatment of you, employee performance reviews, training of medical students, licensing, marketing and fund raising activities and conducting or arranging for other business activities.
We may share your medical information with third party “business associates” that perform activities such as billing or transcription. Whenever an arrangement between our office and a business associate involves the use or disclosure of your medical information, we will have a written contract that contains terms that asks the “business associate” to protect the privacy of your medical information. We may use or disclose your medical information to provide you with information about treatment alternatives or other health-related benefits and services that may be of interest to you. We may also use and disclose your medical information for other marketing activities. For example, your name and address may be used to send you a newsletter about COMPRAD, LLC and the services we offer. We may also send you information about products or services that we believe may be beneficial to you. You may contact our privacy contact to request that these materials not be sent to you.
II. Other Permitted and Required Uses and Disclosures That May Be Made With Your Consent, Authorization or Opportunity to Object.
We may use and disclose your medical information in the following instances. You have the opportunity to agree or object to the use or disclosure of all or part of your medical information. If you are not present or able to agree or object to the use or disclosure of the medical information, then your physician may, using professional judgment, determine whether the disclosure is in your best interest. In this case, only the medical information that is relevant to your health care will be disclosed.
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Others Involved in Your Healthcare:
Unless you object, we may disclose to a member of your family, a relative, guardian or close friend your medical information that directly relates to that person’s involvement in your health care. If you are unable to agree or object to such a disclosure, we may disclose such information if we determine that it is in your best interest based on our professional judgment. We may use or disclose medical information to notify or assist in notifying a family member or any other person that is responsible for your care of your location, general condition or death. Finally, we may use or disclose your medical information to an entity assisting in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your health care.
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Emergencies:
We may use or disclose your medical information for emergency treatment. If this happens, COMPRAD, LLC shall try to obtain your consent as soon as reasonable after the delivery of treatment. If the practice is required by law to treat you and has attempted to obtain your consent but is unable to obtain your consent, the practice may still use or disclose your medical information to treat you.
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Communication Barriers:
We may use and disclose your medical information if the practice attempts to obtain consent from you but is unable to do so due to substantial communication barriers and in our professional judgment you intended to consent to use to use or disclosure under the circumstances.
III. Other Permitted and Required Uses and Disclosures That May Be Made Without Your Consent, Authorization or Opportunity to Object. We may use or disclose your medical information in the following situations without your consent or authorization. These situations include:
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Required By Law:
We may use or disclose your medical information when federal, state or local law requires disclosure. You will be notified of any such uses or disclosure.
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Public Health:
We may disclose your medical information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. This disclosure will be made for the purpose of controlling disease, injury or disability.
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Communicable Diseases:
We may disclose your medical information, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.
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Health Oversight:
We may disclose medical information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections and licensure. These activities are necessary for the government agencies to oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.
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Abuse or Neglect:
We may disclose your medical information to a governmental entity authorized to receive such information if we believe that you have been a victim of abuse, neglect or domestic violence as is consistent with the requirements of applicable federal and state laws.
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Food and Drug Administration:
We may disclose your medical information to a person or company required by the Food and Drug Administration to report adverse events, product defects or problems, biologic product deviations, track products; to enable product recalls; to make repairs or replacements, or to conduct post marketing surveillance, as required.
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Legal Proceedings:
We may disclose medical information in the course of any judicial or administrative proceeding, when required by a court order or administrative tribunal, and in certain conditions in response to a subpoena, discovery request or other lawful process.
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Law Enforcement:
We may disclose medical information, so long as applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include: (i) in response to a court order, subpoena, warrant, summons or otherwise required by law; (ii) to identify or locate a suspect, fugitive, material witness or missing person; (iii) pertaining to victims of a crime; (iv) suspicion that death has occurred as a result of criminal conduct; (v) in the event that a crime occurs on the premises of the practice; and (vi) medical emergency (not on the Practice’s premises) and it is likely that a crime has occurred.
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Coroners, Funeral Directors, and Organ Donors:
We may disclose medical information to a coroner or medical examiner for identification purposes, determining cause of death or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose medical information to funeral directors as necessary to carry out their duties.
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Research:
We may disclose your medical information to researchers when an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your medical information has approved their research.
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Criminal Activity:
Consistent with applicable federal and state laws, we may disclose your medical information, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose medical information if it is necessary for law enforcement authorities to identify or apprehend an individual.
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Organ and Tissue Donation:
If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.
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Required Uses and Disclosures: Under the law, we must make disclosures to you and when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements of Section 164.500 etc. seq.
IV. The following is a statement of your rights with respect to your medical information and a brief description of how you may exercise these rights.
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You have the right to inspect and copy your medical information. This means you may inspect and obtain a copy of medical information about you that has originated in our practice. We may charge you a reasonable fee for copying and mailing records. After you have made a written request, our privacy officer, we will have thirty (30) days to satisfy your request. If we deny your request to inspect or copy your medical information, we will provide you with a written explanation of the denial.
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You have the right to request a restriction of your medical information. You may ask us not to use or disclose part of your medical information for the purposes of treatment, payment or healthcare operations. You may also request that part of your medical information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. You must state in writing the specific restriction requested and to whom you want the restriction to apply.
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COMPRAD, LLC is not required to agree to your request. If we believe it is in your best interest to permit use and disclosure of your medical information, your medical information will not be restricted. If we do agree to the requested restriction, we may not use or disclose your medical information in violation of that restriction unless it is needed to provide emergency treatment. Your written request must be specific as to what information you want to limit and to whom you want the limits to apply. The request should be sent to our privacy contact.
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You have the right to request to receive confidential communications from us at a location other than your primary address. We will try to accommodate reasonable requests. Please make this request in writing to the privacy officer.
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You may have the right to have COMPRAD, LLC amend your medical information. If you feel that medical information we have about you is incorrect or incomplete, you may request we amend the information. If you wish to request an amendment to your medical information, please contact our privacy contact in writing to request our form Request to Amend Health Information. In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us.
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You have the right to receive an accounting of disclosures we have made, if any, of your medical information. This applies to disclosures for purposes other than treatment, payment or healthcare operations as described in this Notice. It excludes disclosures we may have made to you, family members or friends involved in your care, or for notification purposes. To receive information regarding disclosures made for a specific time period, please submit your request in writing to our privacy contact. We will notify you in writing of the cost involved in preparing this list.
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Uses and Disclosures of Protected Health Information Based upon Your Written Authorization. Other uses and disclosures of your medical information not covered by this notice or required by law will be made only with your written authorization. You may revoke this authorization at any time, except to the extent that our practice has taken an action in reliance on the use or disclosure indicated in the prior authorization.
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Complaints: You may complain to us or to the Secretary 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 administrator via email: admin@comprad.com. We will not retaliate against you for filing a complaint.
You indicate your acceptance of the Notice by checking the appropriate box during registration.