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Privacy Policy
INTRODUCTION
Virtual Psychiatric Care, a subsidiary of MiamiPsych Concierge, LLC, (“VPC”, “Company”, “us”, and “we”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Information (as defined below) we collect from users of both our website, located at www.VirtualPsychiatricCare.com and the VPC telemedicine application powered by VSee (collectively the “VPC Platform”) as described and defined in the VPC Terms of Use (“VPC TOS”). Capitalized terms not defined herein are defined in the VPC TOS. Our Privacy Policy also serves as a notice to describe how personal information and health information (PHI) about you may be used, how it may be disclosed and how you can obtain access to this information. The law (45 CFR Part 160 and Part 164, Subparts A and E) requires that your PHI be kept private. We must give you such notice about our privacy practices and follow the terms of this notice while it is in effect. Your use of our website or VPC Platform indicates your acceptance of the terms of this notice and our Privacy Policy. VPC is engaged in the business of providing internet healthcare resources to connect our Users with Independent Professional providers in real time, via live streaming video, telephone, messaging, social media and/or secure e-mail and to provide VPC Collection Services between our Users and Independent Professionals (collectively “Platform Services”).
INFORMATION THAT MAY BE COLLECTED BY VPC
In order to use the Platform Services, you as a User are required to enter an email address and create a password, which we refer to here as your VPC ID or credentials. After you create your VPC ID, you will use these same credentials to log into and utilize the Platform Services. This log-in process will allow you to manage your account, it will allow you to search a provider, make appointments, attend appointments, and utilize and enjoy all Platform Services. The first time you log in to VPC’s platform to utilize the Platform Services, you will be asked to create an account also known as your profile. To create an account, you must provide personal information such as name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data that will be available for you to share with the Independent Professionals who are also registered on the VPC Platform. VPC will use the email address you provide when you create your account to send you an email requesting that you validate your account. Your email address may also be used by VPC to provide appointment reminders, changes in appointments, messages from our Independent Professionals and other relevant communications in connection with Platform Services. VPC will also use your e-mail address as the primary means to reset your username and password. Your email address will not be shared with any other third parties and will not be used for advertising or sales purposes. VPC creates as appropriate, a textual, audio, and visual record of all Platform Services in which you participate. Some examples include the creation of video and/or audio files associated with all provider sessions, electronic medical records that may be uploaded or created as a result of treatment by you or an Independent Professional, data received from medical wearable technologies, etc.
For certain Platform Services that require a fee, we will collect credit card or billing/payment account information which we maintain in encrypted form on secure servers. In order to participate in Platform Services, you will need to provide, and/or upload to the VPC Platform , Personal Health Information (“PHI”). Here are examples of the types of Personal Health Information we gather:-Information You Give Us – Examples of the types of information you may provide us include mental health history, lab results, medications, medical health history, and other health or PHI, such as prescription information.-Information Accessed through Third-Party Data Platform Services – When you use VPC Platform Services, we may access health-related information about you that is stored with third party-data Platform Services such as VSee, and such information will subsequently be available to us.-Third-Party Information – Health-related information about you received from third-parties (such as therapists, doctors, or family members) as well as personally identifiable and other health-related information you provide specifically related to family members who may be utilizing the Platform Services under your account. Demographic information, such as age, education, gender, social security number and zip code.
HOW INFORMATION ABOUT YOU MAY BE USED BY VSEE
Virtual Psychiatric Care may gather PHI primarily to share with VPC Independent Professionals for the purposes of diagnosis, treatment, and health care operations. However, in limited circumstances, Virtual Psychiatric Care may use de-identified, non-personal information for statistical analysis, improvement of the Platform Services, and customization of web design and content layout.
Uses and Disclosures of PHI
The law requires that your PHI, including mental health records, be kept private as per federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations.
Virtual Psychiatric Care may use or disclose your PHI to facilitate your treatment via Platform Services that is being provided by a Virtual Psychiatric Care registered Independent Professional. For Payment. Virtual Psychiatric Care may use and disclose your PHI with others who help pay for your care such as health insurers or health plans in connection with the processing and payments of claims and other charges. For Health Care Operations. Virtual Psychiatric Care may use and disclose your PHI for its health care operations. These uses and disclosures help us run our programs and make sure Virtual Psychiatric Care’s patients receive quality care. For example, Virtual Psychiatric Care may use PHI to review the treatment and provision of Platform Services. Virtual Psychiatric Care may use PHI to measure the performance of the Independent Professionals who are working with you or providing you treatment. Virtual Psychiatric Care may share PHI with third parties who Virtual Psychiatric Care engages to provide various Platform Services. If any such third party requires access to your PHI in order to perform the agreed upon Platform Services, Virtual Psychiatric Care will require that third party be bound to the terms outlined in this Privacy Policy. Business Associates. Virtual Psychiatric Care may contract with outside businesses to provide some Platform Services. For example, Virtual Psychiatric Care may use the Platform Services of transcription, laboratories or collection agencies. Each contracted party must enter into a Business Associate agreement with Virtual Psychiatric Care, which requires said third party businesses to protect PHI that is shared with them in accordance with the restrictions outlined in this Privacy Notice. Furthermore, PHI will only be provided to third party businesses for the limited scope of performing required Platform Services to help facilitate treatment, payment, and health care operations to you. For Appointment Reminders. Virtual Psychiatric Care may contact you to remind you about your appointments. Treatment Alternatives. Virtual Psychiatric Care may use and disclose PHI to tell you about different types of treatment available to you. Virtual Psychiatric Care may use and share PHI to tell you about other benefits and Platform Services related to your health. Research. In support of telemedicine initiatives, Virtual Psychiatric Care may use and disclose your PHI for research. Virtual Psychiatric Care will only use and disclose information for research if Virtual Psychiatric Care receives your written consent, or if a review committee that meets Federal standards says Virtual Psychiatric Care does not need your consent. Genetic Information. Virtual Psychiatric Care does not use genetic information for underwriting and related purposes. Fundraising Activities. Virtual Psychiatric Care will not disclose your individual PHI for fundraising activities without your written authorization. As Required By Law. Virtual Psychiatric Care may use and disclose your PHI when required to do so by federal, state or local law (see below). Testimonials. We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name
How Virtual Psychiatric Care Independent Professional Healthcare Providers May Use and Disclose PHI – Special Situations
• When there is a threat of harm to yourself your health care provider is required to seek immediate hospitalization. Your provider will likely seek the aid of family members or friends to ensure your safety.
• Emergencies: Your protected health information will be disclosed if there is an emergency as needed to enable people to care for you. Otherwise you must sign a release to be able to talk to any family, friends, etc
• Insurance Companies: There are some that require treatment plans, diagnosis, progress notes, or the entire record, which is part of your permanent record. A consent form must be signed by you before the release of such information.
• Disclosure to health oversight agencies: Healthcare providers are legally obligated to disclose protected health information to certain government agencies, including the Federal Department of Health and Human Services.
• Disclosure to child protection agencies: Providers will disclose protected health information as needed to comply with state law requiring reports of suspected incidents of child abuse or neglect or elder abuse or neglect.
• If you seriously threaten to harm another individual, your provider must warn that individual and the authorities.
• If a court orders your provider to testify about you, your provider must do so.
• If you are being treated under court order, findings must be reported to the court.
• Insurance company or EAP may be given information to the insurance company or their agent about your diagnosis and treatment.
• To public health authorities;
• To law enforcement officials in some circumstances;
• To correctional institutions regarding inmates;
• To federal officials for lawful military or intelligence activities;
• To coroners, medical examiners and funeral directors;
• To researchers involved in approved research projects; and as otherwise required by law.
Cookies and Tracking Technologies
Cookies are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. VPC uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. VPC has no access to or control over these cookies.
VPC works with other companies, including Google, who use tracking technologies to serve ads on our behalf across the Internet. These companies use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the Adwords cookie) to collect information about your interaction on our website, including advertising, and remarketing. If you would like to opt-out of receiving ads tailored by 3rd party tracking technologies associated with our website, please click here. Note that if you opt-out from these third party tracking technologies, you may still see our ads at other websites, but the ads will not be tailored using third party tracking technologies associated with our website.
Secure Interaction
When you interact with the VPC Platform, all of your PHI including, but not limited to, your credit card number and delivery address, is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your entered information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. VPC also takes the following measures to protect your PHI online: Passwords. To provide you with an increased level of security, online access to your PHI is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. VPC will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or E-mail messages). No data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your PHI from unauthorized access, use or disclosure, VPC cannot ensure or warrant the security of any information you transmit to us on our website.
Your Rights Regarding Your PHI
You have the following rights regarding PHI that VPC maintains about you: Right To Inspect and To Receive Copies. You have the right to view and receive copies of the PHI used to make decisions about your care, provided you submit your request in writing. Usually, this includes medical and billing records. It does not include some records such as psychotherapy notes. VPC may deny your request to view and/or copy your PHI in limited circumstances. If your request is denied, VPC will inform you of the reason of the denial and you have the right to request a review of the denial. VPC may charge a fee for the costs of processing your request. Right To Amend. If you think that personal information VPC has about you is wrong or incomplete, you have the right to ask for an amendment to your record. To request deletion of any personal information or ask for a change to your record, you must make your request in writing and submit it to VPC. If we are not able to comply with your request, we will respond with an explanation. VPC may deny your request for an amendment to your record. VPC may deny your request if it is not submitted in writing or does not include a reason to support the request. VPC may also deny your request if you ask VPC to amend information that:
- VPC did not create, unless the person or entity that created the information is no longer available to make the amendment;
- is not part of the records used to make decisions about you;
- is not part of the information which you are permitted to inspect and to receive a copy; or is accurate and complete.
- is not part of the information which you are permitted to inspect and to receive a copy; or is accurate and complete.
We will retain your information for as long as your account is active or as needed to provide you Platform Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Right To an Accounting of Disclosures. You have the right to get a list of the disclosures VPC has made of your PHI. This list will not include all disclosures that VPC made. For example, this list will not include disclosures that VPC made for treatment, payment or health care operations. It will not include disclosures you specifically approved. To ask for this list, you must submit your request in writing on the approved form. The form will be provided to you upon request. Right To Request Restrictions. You have the right to ask for a restriction or limitation on the PHI VPC uses or discloses for treatment, payment or health care operations. You also have the right to ask for a limit on the PHI VPC discloses with someone who is involved in your care or in the payment for your care. Such a person may be a family member or friend. VPC is not required to comply with your request. If VPC does agree, we will fulfill your request unless the information is needed to provide you with emergency treatment or if otherwise required by law. To ask for restrictions, you must make your request in writing on a form that we will give you upon request. You must tell us:
- what information you want to limit,
- how you want us to limit the information, and
- to whom you want the limits to apply.
Right To Request Confidential Communications. You have the right to request confidential communications of your PHI or medical matters. You may request that VPC communicate with you through specific means or at a specific location. You must make your request in writing on a form that will be provided to you upon request. VPC will fulfill all reasonable requests. Right To a Paper Copy of This Notice. You may ask VPC to give you a written copy of this Notice at any time. Even if you have agreed to get this Notice electronically, you still have a right to a paper copy of this Notice.If you click on a link to a third party site, you will leave the VPC site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your PHI by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as VPC. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the VPC Platform, you should read that site’s privacy policy before providing any personal information.
Revisions To This Notice
VPC is constantly innovating and implementing new features as part of its Platform Services. As a result, our privacy practices may change. We may revise this Notice to reflect any changes in our privacy practices. We reserve the right to make the revised Notice effective for PHI we already have about you. It also will be effective for any information we receive in the future. We will post a current version of the Notice on this Site prior to the change becoming effective. The effective date of this Notice is on the first page, in the top, left-hand corner. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the VPC Platform prior to the change becoming effective.
Social Media Widgets
Our Web site includes Social Media Features, such as the Facebook button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on the VPC Platform. Your interactions with these Features are governed by the privacy policy of the company providing it.
Complaints
ACCEPTANCE
By using the VPC Platform and the Platform Services, you acknowledge your acceptance of this Privacy Policy and agree to its terms. If you do not agree with this policy, you should not use the VPC Platform and the Platform Services. It is recommended that you read this privacy policy before use of Platform Services to ensure that you have not missed any changes to the privacy policy. Your continued use of the Platform Services following any changes to the privacy policy signifies your acceptance of those changes.
Policy as amended: June 30, 2020