Our Concern for Your Privacy
At Prevail Health Solutions, LLC (“Prevail Health”) we take our responsibilities to protect the confidentiality of your information very seriously and we operate in accordance with all applicable privacy and data protection laws. We believe that in order to create the most positive and meaningful user experience, our concern for your privacy must be a crucial component of our operations. As such, we implement a variety of safeguards to protect your personal information. If you have any questions or concerns about our privacy practices or this consent, please contact us at privacy@prevailhealth.com. Defined terms used herein and not otherwise defined shall have the meaning ascribed thereto in the Terms of Use or Privacy Policy.
HIPAA NOTICE
Our relationship with some of our partners who are “Covered Entities” under the Health Insurance Portability and Accountability Act (“HIPAA”) may qualify us as a “Business Associate” as the term is defined under HIPAA and require us to post this notice. THIS NOTICE DESCRIBES HOW YOUR PROTECTED HEALTH INFORMATION OR PHI (AS DEFINED BELOW) MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. THIS NOTICE APPLIES ONLY TO THOSE SITUATIONS WHERE PREVAIL HEALTH IS DEEMED A BUSINESS ASSOCIATE AND THE INFORMATION COLLECTED ABOUT AN INDIVIDUAL USER IS CONSIDERED PHI UNDER HIPAA. FOR SITUATIONS WERE PERSONALLY IDENTIFIABLE INFORMATION DOES NOT CONSTITUE PHI UNDER HIPAA, PLEASE SEE OUR PRIVACY POLICY.
Background
Prevail Health provides you (the user) with confidential online training program designed to help users learn about their potential issues and overcome life’s challenges at their own pace and with the support of Peers through online discussions facilitated by the Prevail Platform (referred to as “we,” “our,” or “us”). In the course of providing the revail Health Services, we may have access to your information that would qualify as Protected Health Information (“PHI”) such as information about you that may identify you and/or related to your past, present or future physical or mental health or condition and related services.
This Notice of Privacy Practices describes how we may use and disclose your PHI in accordance with applicable law, including HIPAA, regulations promulgated under HIPAA including the HIPAA Privacy and Security Rules. It also describes your rights regarding how you may gain access to and control your PHI. If this notice does not apply to our collection of your data, please review our Privacy Policy for more information on how to access to your Personally Identifiable Information.
Depending on the type of services you receive on the Prevail Platform, we may be required by law to maintain the privacy of PHI and to provide you with notice of our legal duties and privacy practices with respect to PHI. We are required to abide by the terms of this Notice of Privacy Practices. We reserve the right to change the terms of our Notice of Privacy Practices at any time. Any new Notice of Privacy Practices will be effective for all PHI that we maintain at that time. We will provide you with a copy of the revised Notice of Privacy Practices by posting a copy on our website or emailing you a copy.
Who Must Follow This Notice?
This is a notice of our information privacy practices (“Notice”) that is applicable to, all departments and units in our organization, our employees, contractors, interns, volunteers, and affiliates These persons or entities may share PHI with each other for the purposes described in this Notice.
How We May Use and Disclose Information About You
This section of our Notice tells how we may use PHI about you. We will protect PHI as much as we can under the law.
We are required to maintain the confidentiality of the PHI of our users, and we have policies and procedures and other safeguards to help protect your PHI from improper use and disclosure such as hosting our platform on HIPAA compliant servers. To the extent required by law, we will make reasonable efforts not to use, disclose, or request more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations.
For Determining a Care Plan.Your PHI may be used and disclosed by those who are involved in facilitating your online health program or other related services provided on our Prevail Platform.
For Business Operations.We may use or disclose, as needed, your PHI in order to support our business activities including, but not limited to, quality assessment activities, data analytics, to better tailor our online program to your needs facilitating our rewards program, internal administration and planning and conducting or arranging for other business activities. For example, we may share your PHI with third parties that perform various business activities (e.g., billing or typing services) provided we have a written contract with the business that requires it to safeguard the privacy of your PHI.
Health-related products and services.We may use and disclose your PHI to tell you about health-related products or services that may be of interest to you, subject to limits imposed by law.
Your RequestUnder the law, we must disclose your PHI to you upon your request.
Business Associates.Wher applicable, there may be some services provided in our organization through contracts with business associates such as management or development consultants. We may disclose your PHI to our business associates so that they can perform the job we have asked them to do. To protect your PHI, we require our business associates to sign a contract or written agreement stating that they will appropriately safeguard your PHI.
Uses and Disclosures that Require Your Authorization
Other permitted and required uses and disclosures will be made only with your consent, authorization or opportunity to object unless required or permitted by law. Without your authorization, we are expressly prohibited to use or disclose your PHI for marketing purposes. We may not sell your protected health information without your authorization.
You may revoke the authorization, at any time, in writing, except to the extent that we have taken any action in reliance on the use or disclosure indicated in the authorization.
Your Rights Regarding Your PHI
You have the following rights regarding PHI we maintain about you, if such information collected about you qualifies as PHI under HIPAA. To exercise any of these rights, please submit your request in writing to our Privacy Officer at privacy@prevailhealth.com
Right of Access to Inspect and Copy.Pursuant to your written request, you have the right to inspect or copy your PHI whether in paper or electronic format which may be restricted only in exceptional circumstances. Prevail Health only collects PHI related to information that can personally identify you such as your email address, phone number, and zip code. We may charge a reasonable, cost-based fee for copies. If your records are maintained electronically, you may also request an electronic copy of your PHI. You may also request that a copy of your PHI be provided to another person.
Right to Amend.Prevail Health only collects PHI related to information that can personally identify you such as your email address, phone number, and zip code. If you feel that the PHI we have about you is incorrect or incomplete, you may ask us to amend the information although we are not required to agree to the amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us. We may prepare a rebuttal to your statement and will provide you with a copy. Please contact the Privacy Officer if you have any questions.
Right to an Accounting of Disclosures.You have the right to request an accounting of certain disclosures that we make of your PHI. We may charge you a reasonable fee if you request more than one accounting in any 12-month period.
Right to Request Restrictions.You have the right to request a restriction or limitation on the use or disclosure of your PHI for treatment, payment, or health care operations. We are not required to agree to your request unless the request is to restrict disclosure of PHI to a health plan for purposes of carrying out payment or health care operations, and the PHI pertains to a health care item or service that you paid for out of pocket. In that case, we are required to honor your request for a restriction.
Right to Request Confidential Communication.You have the right to request that we communicate with you about your online program by alternative means. We will accommodate reasonable requests. However, our Services are provided in certain formats on our Site that may not allow us to comply with your request and may require us to terminate your account if we cannot make reasonable accommodations. We will not ask you for an explanation of why you are making the request.
Breach NotificationIf there is a breach of unsecured PHI concerning you, we may be required to notify you of this breach, including what happened and what you can do to protect yourself.
Right to a Copy of this Notice.You have the right to a copy of this notice.
Contact Us
If you would like more information about your privacy rights, please contact Prevail Health by emailing the Privacy Officer. To the extent you are required to send a written request to Prevail Health to exercise any right described in this Notice, you must submit your request to Prevail Health at:
Prevail Health Solutions, LLC. Email: privacy@prevailhealth.com
Version Effective: March 23,2021
Complaints
If you believe we have violated your privacy rights, you have the right to file a complaint in writing with our Privacy Officer at privacy@prevailhealth.com. We will not retaliate against you for filing a complaint.
Consent to Share and Release Information
Applicable to U.S. Residents:
Prevail Health Solutions, LLC. (“Prevail Health”), as part of administering the Prevail Health Service, may have access to and use my personal health information (“PHI”), which I provide to Prevail Health as part of my participation in the Program. I understand that I am expressly prohibited from sharing confidential information about myself such as personally identifiable information and/or PHI. I understand that if I so share such information, other participants may also be able to see my information, including PHI that I post and/or disclose in the course of engaging with the Program and/or Prevail Health. Prevail Health may provide aggregated, de-identified health information to my health plan; if my health plan requests any of my PHI, Prevail Health may provide such PHI as is minimally necessary to accomplish the request in accordance with HIPAA. Furthermore, Prevail Health may share and use my PHI to review and improve the quality of the Program. I understand also that Prevail Health may store my PHI for the time period that is necessary under Prevail Health’s policies regarding record retention.
You acknowledge that you have read and understand the terms of the Consent to Share and Release such Information.
