Privacy Policy
At Phusion Wellness, we are committed to protecting the privacy and confidentiality of your protected health information (PHI) and personal data. This Privacy Policy outlines our practices regarding the collection, use, and disclosure of your information, including data collected through our text messaging (SMS) program. We adhere to all applicable federal and state laws, including the Health Insurance Portability and Accountability Act (HIPAA) and 10DLC messaging regulations.
Our Legal Duty
We are legally required to maintain the privacy of your protected health information and to provide you with this notice about our privacy practices, our legal duties, and your rights concerning your PHI. We must follow the privacy practices described in this notice while it is in effect.
We reserve the right to change our privacy practices and the terms of this notice at any time, provided that such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our notice effective for all protected health information that we maintain, including medical information we created or received before the changes. We will post the updated notice on our website and, if the changes are material, we may also notify you by email or other appropriate means.
Uses and Disclosures of Protected Health Information
We may use and disclose your protected health information about you for treatment, payment, and health care operations. The following are examples of the types of uses and disclosures that may occur. These examples are not exhaustive but describe common uses and disclosures made by our office.
- Treatment: We may use and disclose your protected health information to provide, coordinate, or manage your healthcare and any related services. This includes the coordination or management of your health care with a third party. We may also disclose your PHI to other physicians or healthcare providers (e.g., specialists, laboratories) who are involved in your care at the request of your physician.
- Payment: We may use and disclose your PHI to obtain payment for healthcare services.
- Healthcare Operations: We may use and disclose your PHI for our healthcare operations, which include activities necessary for running our practice, such as quality assessment and improvement, staff training, and business planning.
- Business Associates: We may share your protected health information with third-party “business associates” that perform various activities (e.g., laboratory services) for our practice. We have written agreements with these business associates to ensure they protect your PHI.
- Uses and Disclosures Based On Your Written Authorization: Other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law as described below. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Without your written authorization, we will not disclose your health care information except as described in this notice.
- Others Involved in Your Health Care (Sponsor): Unless you object, we may disclose to a member of your family, a relative, a close friend, or any other person you identify, your protected health 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 as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative, or any other person responsible for your care of your location, general condition, or death.
- Public Health and Safety: We may disclose your protected health information to the extent necessary to avert a serious and imminent threat to your health or safety, or the health or safety of others. We may disclose your protected health information to a government agency authorized to oversee the health care system or government programs or its contractors, and to public health authorities for public health purposes.
- Health Oversight: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs, and civil rights laws.
- Abuse or Neglect: We may disclose your protected health information to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect, or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be made consistent with the requirements of applicable federal and state laws.
- Food and Drug Administration: We may disclose your protected health information to a person or company required by the Food and Drug Administration to report adverse events, product defects or problems, biologic product deviations; to track products; to enable product recalls; to make repairs or replacements; or to conduct post-marketing surveillance, as required.
- Criminal Activity: Consistent with applicable federal and state laws, we may disclose your protected health 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 protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.
- Required by Law: We may use or disclose your protected health information when we are required to do so by law. For example, we must disclose your protected health information to the U.S. Department of Health and Human Services upon request for purposes of determining whether we are in compliance with federal privacy laws. We may disclose your protected health information when authorized by workers’ compensation or similar laws.
- Process and Proceedings: We may disclose your protected health information in response to a court or administrative order, subpoena, discovery request, or other lawful process, under certain circumstances. Under limited circumstances, such as a court order, warrant, or grand jury subpoena, we may disclose your protected health information to law enforcement officials.
- Law Enforcement: We may disclose limited information to law enforcement officials concerning the protected health information of a suspect, fugitive, material witness, crime victim, or missing person. We may disclose the protected health information of an inmate or other person in lawful custody to a law enforcement official or correctional institution under certain circumstances. We may disclose protected health information where necessary to assist law enforcement officials to capture an individual who has admitted to participation in a crime or has escaped from lawful custody.
Text Messaging (SMS) Communications
Phusion Wellness offers a text messaging (SMS) program to provide convenient communication regarding your healthcare. This may include appointment reminders, important health updates, general health information, and, if you consent, promotional messages.
- Consent: By providing your mobile phone number to us, such as through a website form or by texting a keyword, you are consenting to receive text messages from Phusion Wellness.
- Information Collected: When you opt into our SMS program, we collect your mobile phone number and your consent to receive text messages. Any other personal or health information exchanged via text will be handled according to this Privacy Policy and HIPAA regulations.
- Purpose of SMS Data Usage: We use the information collected through our SMS program solely for the purposes described above (e.g., appointment reminders, health updates, promotions).
- No Sharing of Text Messaging Data: Text messaging opt-in data and consent will not be sold or shared with third parties or affiliates for their marketing or promotional purposes. This data is strictly for internal communication and will not be disclosed, sold, or rented to any third parties for their own marketing activities.
- Message Frequency: Message frequency will vary depending on your treatment plan and communication preferences.
- Message and Data Rates May Apply: Standard message and data rates may apply from your mobile carrier for text messages sent and received.
- Opt-Out: If you wish to stop receiving text messages from us, simply reply with “STOP” or “UNSUBSCRIBE” to the number from which you received the message at any time. You may receive one final confirmation message indicating that you have been unsubscribed.
Data Security Measures
We implement reasonable and industry-standard security measures, including administrative, physical, and technical safeguards, to protect your personal information and protected health information from unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet or method of electronic storage is 100% secure.
Data Retention Policy
We retain your protected health information and other personal data for as long as necessary to provide you with healthcare services, comply with legal obligations (including HIPAA and state-specific regulations), resolve disputes, and enforce our agreements. Once the retention period expires, we will securely dispose of or anonymize your information.
Patient Rights
You have the following rights regarding your protected health information:
- Right to Access: You have the right to look at or get copies of your protected health information, with limited exceptions. You must make a request in writing to the contact person listed herein or by sending us a letter to the address at the end of this notice to obtain access to your protected health information. We may charge a reasonable, cost-based fee for copies.
- Right to Amend: You have the right to request that we amend your protected health information if you believe it is inaccurate or incomplete. Your request must be in writing and provide a reason to support the requested amendment. We may deny your request under certain circumstances.
- Right to an Accounting of Disclosures: You have the right to request an “accounting” of certain disclosures of your protected health information. This is a list of certain disclosures we made of your PHI for purposes other than treatment, payment, and healthcare operations.
- Right to Request Restrictions: You have the right to request that we place additional restrictions on our use or disclosure of your protected health information. We are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in an emergency). Any agreement we may make to a request for additional restrictions must be in writing signed by a person authorized to make such an agreement on our behalf. We will not be bound unless our agreement is so memorialized in writing.
- Right to Request Confidential Communications: You have the right to request to receive communications of protected health information by alternative means or at alternative locations. Your request must be in writing and specify how or where you wish to be contacted. We will accommodate all reasonable requests.
- Right to a Paper Copy of This Notice: You have the right to obtain a paper copy of this Privacy Policy upon request, even if you have agreed to receive it electronically.
Questions and Complaints
If you have questions regarding our privacy policy or believe your privacy rights have been violated, please contact our office manager via email at info@phusionwellness.com.
You may also file a complaint with the U.S. Department of Health and Human Services if you believe your privacy rights have been violated. We will not retaliate against you for filing a complaint.