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Privacy Policy

Your Information. Your Rights. Our Responsibilities.

This notice describes how medical information about you may be used and disclosed and how you can get access. Please review it carefully.

Your Rights

You have the right to:

• Get a copy of your paper or electronic medical record

• Correct your paper or electronic medical record

• Request confidential communicationAsk us to limit the information we share

• Get a list of those with whom we’ve shared your information

• Get a copy of this privacy notice

• Choose someone to act for you

• File a complaint if you believe your privacy rights have been violated

Your Choices

You have some choices in the way that we use and share information as we:

• Tell family and friends about your condition

• Market our services

• Raise funds

Our Uses and Disclosures

We may use and share your information as we:

• Treat you

• Run our organization

• Bill for your services

• Help with public health and safety issues

• Do research

• Comply with the law

• Address workers’ compensation, law enforcement, and other government requests

• Respond to lawsuits and legal actions

Your Rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help.

Get an electronic or paper 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 us to correct 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.

Request confidential communications

• 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 limit what we use or share

• You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.

• 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 that information.

Get a list of those with whom we’ve shared information

• 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.

Get a copy of this privacy notice

• You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose 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 feel your rights are violated

• You can complain if you feel we have violated your rights by contacting Benjamin C. Wolf, Esq., 1979 Marcus Ave., Suite C115, Lake Success, NY 11042; Phone: 718-989-9710, Fax: 718-989-3724, bwolf@freedomcareny.com. file a complaint in person or by mail, fax, or email. If you need help filing a complaint, Benjamin C. Wolf, Esq. is available to help you.

• You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting hhs.gov/ocr/privacy/hipaa/complaints/.

We will not retaliate against you for filing a complaint.

Your Choices

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 are not able to 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

In the case of fundraising:

• We may contact you for fundraising efforts, but you can tell us not to contact you again.

Our Uses and Disclosures

How do we typically use or share your health information?

We typically use or share your health information in the following ways.

Run our organization

We can use and share your health information to run our practice, improve your care, and contact you when necessary.

Example: We use health information about you to manage your treatment and services. 

Bill for your services

We can use and share your health information to bill and get payment from health plans or other entities.

Example: We give information about you to your health insurance plan so it will pay for your services.

Provide telemedicine services

We can use and share your health information with our telemedicine provider partners if you request telemedicine services through us.  

Example: We automatically enroll you with our telemedicine provider partners, and we share the information that you provide (either directly or through your caregiver) to us with the telemedicine provider so that they may provide this service.

How else can we use or share your health information?

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see:www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues

We can share health information about you for certain situations such as:

• Reporting suspected abuse, neglect, or domestic violence

• Preventing or reducing a serious threat to anyone’s health or safety

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

Address workers’ compensation, law enforcement, and other government requests

We can use or share health information about you:

• For workers’ compensation claims

• For law enforcement purposes or with a law enforcement official

• With health oversight agencies for activities authorized by law

• 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.

Our Responsibilities

• 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 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.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

Using our App

This privacy policy governs your use of the software application App NameFreedomCare Plus (“Application”) for mobile devices that was created by FreedomCare. The Application gives patients a convenient way to allow their caregivers to confirm their services to the patient, check the caregiver’s schedule set by the patient, and communicate with FreedomCare staff.  

• What information does the Application collect?

We collect the following types of information:  

Information you provide us directly

The Application collects the information that you provide when you download and register the Application.  

Your username, password and e-mail address when you register for an account.

Your photo and signature [at the time of clock-out each day and at the time your weekly

electronic timesheet is completed]

Patient photographs and signatures [at the time of clock-out each day and at the time

your weekly electronic timesheet is completed]

Your clock-in and clock-out times

Other information about your visits with patients

Biometric information

We may collect and store your biometric information with your explicit consent as part of your use of the Application. We may also collect and store patient biometric information with the patient’s explicit consent as part of your use of the Application. We use this information to identify caregivers and patients and verify your time entries when using the Application. We do not disclose this information unless:

You consent to such disclosure;

The disclosure completes a financial transaction requested or authorized by you or your

legally authorized representative;

The disclosure is required by State or federal law or municipal ordinance; or

The disclosure is required pursuant to a valid warrant or subpoena issued by a court of

competent jurisdiction.

We only retain this information until 1) the initial purpose for collecting or obtaining such biometric data has been satisfied, or 2) three years after your last interaction with FreedomCare, whichever happens first. After this time, FreedomCare will permanently destroy such data.

FreedomCare will store, transmit, and protect biometric data using a reasonable standard of care. Such storage, transmission, and protection from disclosure will be performed in a manner that is the same as or more protective than the manner in which FreedomCare stores, transmits, and protects from disclosure other confidential and sensitive information of FreedomCare.

Location information

With your permission, the Application also captures the GPS location of the phone on which it is installed at the time of clock-in, and again at the time of clock-out.

Analytics information

We use third-party analytics tools to help us measure traffic and usage trends for the Application. These tools collect information sent by your device or our Application, including the web pages you visit, add-ons, and other information that assists us in improving the Application. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

Cookies and similar technologies

When you use the Application, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Application and provide features to you.

Log file information

Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.

When you use our Application, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Application, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Application.

Device identifiers

When you use a mobile device like a tablet or phone to access our Application, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by FreedomCare.

A device identifier may deliver information to us or to a third party partner about how you use the Application and may help us or others provide reports or personalized content. Some features of the Application may not function properly if use or availability of device identifiers is impaired or disabled.

How do we use your information?

FreedomCare uses to the information you provide us to track patient care and your payroll. For example, FreedomCare uses both your and a patient’s photographs and signatures, as well as your location information, to verify your services provided to a patient.

We may also use information that we receive to:  
contact your from time to time to provide you with important information, required
notices, and marketing promotions  
help you efficiently access your information after you sign in;
remember information so you will not have to re-enter it during your visit or the next
time you visit the Application;
provide, improve, test, and monitor the effectiveness of our Application;
develop and test new products and features;
monitor metrics such as total number of visitors, traffic, and demographic patterns;
diagnose or fix technology problems; and
automatically update the Instagram application on your device

How do we share your information?

We only share your personal information with third parties as required by law or contract, or as otherwise described in this policy.  

Parties with whom we may share your information
We are required to share certain information with patient health plans and the HHA Exchange in order to provide our service. For example, we are required to share information about your visits with patients (e.g. location, time in and out, photographs and signatures) with patient health plans as part of regular audits. Information regarding caregiver hours worked must also be shared with HHA Exchange in order to properly bill patient insurance plans and arrange for caregiver payroll.  

Only aggregated, anonymized data is periodically transmitted to external services providers to help us improve the Application and our service. Our service providers work on our behalf, do not have independent use of the information we disclose to them, and have agreed to comply with this privacy statement.

Responding to legal requests and preventing harm

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

What happens in the event of a change of control

If we sell or otherwise transfer part or the whole of FreedomCare or our assets to another
organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy,
dissolution, liquidation), your information such as name and email address and any other
information collected through the Application may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

How do we store and secure your information?

Your information collected through the Application may be stored and processed in the United States or any other country in which FreedomCare or its service providers maintain facilities. FreedomCare or its service providers may transfer information that we collect about you, including personal information, to other countries or jurisdictions around the world. By registering for and using the Application, you consent to the transfer of information to any country in which FreedomCare or its service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

We use commercially reasonable safeguards to help keep the information collected through the Application secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, FreedomCare cannot ensure the security of any information you transmit to FreedomCare or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

What are your choices about your information?

You can:

Update your account at any time by logging in and changing your account settings.

Uninstall the Application to curtail collection of information by using standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

Request to delete your information by contacting us at agraham@freedomcareny.com We will respond within a reasonable time. Please note that some or all of the information you provide may be required in order for the Application to function properly.

Unsubscribe from email communications from us by contacting agraham@freedomcareny.com

How long do we keep your information?
We will retain user-provided data for as long as you use the Application. Following termination or deactivation of your account, we will retain your information for a commercially reasonable time for backup, archival, and/or audit purposes.

Children’s Privacy

FreedomCare does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Application. The Application and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact agraham@freedomcareny.com

Changes to Our Privacy Policy

It may be necessary for FreedomCare to modify or update this Privacy Policy from time to time, for example to reflect updates to the Application or where required by law. We will notify you before we make changes to this Privacy Policy and give you the opportunity to review the revised Privacy Policy before continuing to use our services. Your continued use of the FreedomCare Application or our services after any modification to this Privacy Policy will constitute your acceptance of such modification.

This policy is effective August 2019. FreedomCare’s privacy officer is Brett LaBrie, blabrie@freedomcareny.com, 718-260-6250.