Foresight Mental Health California Candidate Privacy Notice
Last Updated [October 27, 2021]
A Note about Protected Health Information
How We Collect Your Information
Directly from you: We collect information from you when you use the Services or in other direct interactions with us such as emails or phone calls.nThis information may include your first and last name, email address, a home, postal or other physical address, phone number and any other information you provide in the course of interacting with the us.
Through automated data collection technologies: In order to provide our Services to you and improve your Foresight Mental Health experience, we may also collect information using automated data collection technologies as described in the “Cookies and other Data Collection Technologies” section below. In general, you can visit our Website without telling us who you are or providing us with your business or personal information. However, we collect information such as mobile device IDs, internet protocol (“IP”) addresses, web browser information, referring page URLs, and data related to your interactions with our Portal and Website.
From third parties: We may obtain your information through third party sources such as lead generation companies, marketing partners, and service providers. For example, if you are on a third party website and you opt in to receive information from us, that website will forward your contact information to us so we may contact you as requested. We may combine this information with the information we collect from you to help us tailor our communications and improve our Services.
How We Use Your Information
We use the information that we collect to provide you our Services, including but not limited to, providing appropriate services, conducting consultations and evaluations, providing you treatment-related information, health and service recommendations, displaying personalized health notifications, marketing, advertising products and services, and optimizing our internal systems and processes. We monitor the patterns of usage on our Website and Portal and use any feedback you give us to identify ways to improve the user-experience and improve functionality.
We use your information to communicate with you through our Portal, text messages, emails, and in certain situations by phone call. It is important for us to be able to contact you in order to keep you updated on any issues with your provider or prescriber’s instructions, your prescription, your doctor’s instructions, or your insurance. We may also send you notifications related to prescription and order status, delivery confirmations, security alerts, Portal updates, new services, and other administrative messages.
What Information We Share
Information Shared to Perform Services: As described in our Notice of Privacy Practices, we may share your information with your doctors or other health care professionals involved in your care or treatment.
Information Shared with Service Providers: We may share your information with third party service providers that we contract with to perform various services. The information we share with these service providers is limited to the information needed in order for them to provide the contracted services.
Information Shared with Third-Parties: We may share your aggregated information and non-identifying information with third parties to conduct on-going quality improvement activities, or for industry research and analysis, demographic profiling and other similar purposes. In some cases, we receive remuneration for sharing non-identifying information with third parties.
Legal Purposes: We may disclose your information in situations where it is required (or if we believe it is required) by federal, state, or local law. We may also disclose information in response to a court order, subpoena, discovery request, or other request in connection with a judicial or administrative proceeding or from a law enforcement official.This includes disclosures related to mandated reporting requirements.
Sale of Business: Foresight Mental Health may transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets to a third party as part of a merger, acquisition, bankruptcy proceeding, or other restructuring.
Cookies and Other Data Collection Technologies
A “cookie” is a small data file that certain websites place on your computer or mobile device when you visit them. A cookie file enables the website or mobile app to remember your actions and preferences over a period of time.
Unlike persistent cookies, session cookies are deleted when you log off from the Website, Portal and Service and close your browser. If you prefer not to receive cookies while browsing our Website, Portal and Service, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.
You do not need to have cookies turned on to use/navigate through many parts of our Website, Portal and Service, although if you do not have your browser set to accept cookies, you may not be able to access all portions or features of the Website, Portal and Service.
“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Website, Portal and Service for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Website, Portal and Service, to monitor how many visitors view our Website, Portal and Service, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an email).
Some web browsers incorporate a Do Not Track or DNT feature that signals to the websites that you visit that you do not want to have your activity tracked. Presently, like many websites and mobile apps, our Website, Portal, and Services do not have the capability to respond to "Do Not Track" signals received from various web browsers. As a result, we and third parties may track your online activities, including over time and across different sites and apps.
How to Modify Your Information
You can access and modify the personal information that you provide to us by contacting Foresight Mental Health and requesting a modification.
Security of Your Information
Your account information is password-protected for your privacy and security. Foresight Mental Health maintains physical, electronic, and managerial safeguards designed to protect against unauthorized access, use, modification, and disclosure of your information in our custody and control.While Foresight Mental Health is committed to protecting your personal information, we cannot ensure or warrant the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal information when you are on the Internet. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
To further protect your privacy, you may choose to stop receiving marketing, promotional, reminder, or notification emails, direct mail, phone and mobile marketing communications from Foresight Mental Health.
Children and Data Privacy
Foresight Mental Health does not knowingly collect personal information from children under the age of 13 using the Website or Portal.
Notice for California Users and Residents
Under California Civil Code Section 1789.3, California users are entitled to a specific consumer rights notice. If you have a question or complaint regarding our Website, please send an email to firstname.lastname@example.org. You may also contact us by writing to Foresight Mental Health at P.O. Box 530077, Atlanta, GA 30353-0077. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask for a notice identifying the categories of PII which we share with certain third parties for direct marketing purposes under certain circumstances and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: Foresight Mental Health at P.O. Box 530077, Atlanta, GA 30353-0077.
Information for Users from Outside of the United States
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION, PLEASE REVIEW IT CAREFULLY.
In this Notice, we use terms like “we,” “us” or “our” or “Foresight Mental Health” to refer to Foresight Mental Health, PLLC. and its affiliates. We may share your protected health information to provide you with health care services, to treat you, to pay for your care, and to conduct our business operations (e.g., quality assurance, compliance, and utilization review).
What is “Protected Health Information” or “PHI?”
“Protected Health information,” or “PHI” for short, is information that identifies who you are and relates to your past, present, or future physical or mental health condition, the provision of health care to you, or past, present, or future payment for the provision of health care to you
Purpose of this Notice
In the course of doing business, we gather and maintain PHI about our members. We respect the privacy of your PHI and understand the importance of keeping this information confidential and secure. We are required by law to maintain the privacy of your PHI and to provide you with this Notice of our legal duties and privacy practices with respect to your PHI.
We are also required by law to notify you in the event of a breach of your unsecured PHI.
Types of Use and Disclosure of PHI We May Make Without Your Authorization
1. Treatment, Payment and Health Care Operations
Treatment. Federal and state law allow us to use and disclose your PHI in order to provide treatment or other health care services to you. For example, we may use your PHI to provide clinical mental health counseling or prescribe medications. We may also use or disclose your PHI to recommend to you treatment alternatives, to inform you about health-related benefits and services that we offer, or to contact you to remind you of your appointments. We may also disclose PHI to other providers involved in your treatment.
Payment. Federal and state law allows us to use and disclose your PHI to obtain payment for health care services that we provide to you. For example, we may use your PHI to claim and obtain payment from your health insurer, HMO, or other company or program that arranges or pays the cost of your health care or to verify that your payor will pay for the health care. We may also disclose PHI to your other health care providers when such PHI is required for them to receive payment for services they render to you.
Health Care Operations. Federal and state law also allow us to use and disclose your PHI as necessary in connection with our health care operations. For example, we may use your PHI to review the quality of care provided or for resolution of any grievance or appeal that you file if you are unhappy with the care you have received. We may use your PHI to perform certain business functions and disclose your PHI to our business associates, who must also agree to safeguard your PHI as required by law.
2. Other Types of Use and Disclosures (No Authorization Required) We are also allowed by law to use and disclose your PHI without your authorization for the following purposes:
When required by law – In some circumstances, we are required by federal or state laws to disclose certain PHI to others, such as public agencies for various reasons
For public health activities – Such as reports about communicable diseases, defective medical devices or work-related health issues
To government authorities authorized to receive reports of abuse, neglect, or domestic violence – if we are required to make such reports because we reasonably believe you are a victim of abuse, neglect or domestic violence..
For health oversight activities – Such as reports to governmental agencies that are responsible for licensing or disciplinary action against physicians or other health care providers
For lawsuits and other proceedings – In connection with court proceedings or proceedings before administrative agencies
For law enforcement purposes – In response to a warrant, or to report a crime
Reports to coroners, medical examiners, or funeral directors – To assist them in performance of their legal duties
For tissue or organ donations – To assist organ procurement or transplant organizations.
For research – To medical researchers with an approval of an Institutional Review Board (IRB) or privacy board that oversees studies on human subjects. Researchers are also required to safeguard your PHI.
To avert a serious threat to the health or safety of you or other members of the public
For specialized government functions and activities, such as disclosures to the Department of Defense to determine eligibility for veteran benefits or for other national security purposes
In connection with services provided under workers’ compensation laws.
Uses and Disclosures Requiring You to Have the Opportunity to Agree or Object
Before we make certain uses and disclosures of your PHI without your written authorization, we must provide you with an opportunity to agree or object. We may disclose your PHI to your family members or other persons if they are involved in your care or payment for that care. We may disclose your PHI to notify and assist disaster relief organizations in their relief efforts. We will provide you with the opportunity to agree or object prior to these disclosures. If you cannot agree or object because you are incapacitated or not present at the time of disclosure, we will use our professional judgment.
Special Rules for Highly Confidential PHI
Some types of highly confidential PHI, such as HIV/AIDS status or test results, substance abuse treatment documentation, or mental health information, are protected by state or federal laws that are more responsive to patient rights of confidentiality than HIPAA. However, in order for us to disclose any such PHI for a purpose other than those permitted by law, we must obtain your written authorization.
Uses and Disclosures Requiring Your Authorization
We must obtain your written authorization prior to the following uses and disclosures of your PHI:
1. Marketing Activities – We must obtain your written authorization in order to use your PHI to send you marketing materials. We will not share your information for marketing purposes unless you give us written permission. If you do give us written permission, you have the right to revoke your permission at any time by contacting Foresight Mental Health and submitting a written request to (email@example.com).
However, no authorization is required for the following communications: (1) information relating to your treatment, including case management, care coordination or recommendation of treatment alternatives; (2) refill reminders or other communications about drugs that are currently prescribed for you; (3) information about health-related products or services; (4) marketing information provided to you during a face-to-face communication; and (5) promotional gifts of nominal value.
2. Psychotherapy Notes – With very limited exceptions, we must obtain your authorization in order to disclose any notes recorded by a mental health professional about you in a counseling session.
3. Sale of Protected Health Information. We will not make any disclosure of PHI that is a sale of PHI without your written authorization.
Other Uses and Disclosures
All other uses and disclosures of your PHI that are not described in this Notice require your written authorization. If you need an authorization form, we will send you one for you or your personal representative to complete. When you receive the form, please fill it out and send it to the following address: Foresight Mental Health, P.O. Box 530077, Atlanta, GA 30353-0077. 3. You may revoke or modify your authorization at any time by writing to us at the same address. Please note that your revocation or modification may not be effective in some circumstances, such as when we have already taken action relying on your authorization.
Notification of Your Rights Regarding Your PHI
Access to Your PHI
You may request to inspect and obtain a copy of your PHI that we maintain in medical and billing records, for as long as we maintain such records. If you wish to access your PHI, please provide a detailed written description of the PHI you wish to review at the address given below. If you would like a copy of the information we have, your request must be in writing and sent to such an address. If you do not have access to our website, a copy of the release form will be provided to you upon request. If we provide you with a copy of your PHI, we may charge a reasonable administrative fee for copying your PHI to the extent permitted by applicable law. In limited circumstances, we may deny your request to inspect or obtain copies of your PHI.
Right to Amend Your PHI
You have the right to request amendments to your PHI for so long as the information is maintained in our medical and billing records. If you wish to have your PHI corrected or updated, please write to us and tell us what you want changed and why. We will respond to you in writing, either accepting or denying your request.
Right to Receive an Accounting of Disclosures of Your PHI
You have the right to request an accounting of certain disclosures that we make of your PHI. An accounting lists disclosures we have made prior to the date of your request. You can request an accounting by writing to us. Please note that certain disclosures need not be included in the accounting we provide to you, such as disclosures made for treatment, payment or health care operations, and disclosures made more than 6 years prior to the date of your request.
Right to Receive a Copy of This Notice
You have the right to request and receive a paper copy of this Notice, even if you have agreed to receive the Notice electronically. You may contact us for a copy, and one will be provided to you at no charge.
Right to Request Restrictions
You have the right to request restrictions on how we use and disclose your PHI for (1) our treatment, payment, and health care operations (2) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved with your care or with payment related to your care, or (3) to notify or assist in the notification of such individuals regarding your location and general condition.. All requests must be made in writing. Upon receipt, we will review your request and notify you whether we have accepted or denied your request. Please note that we are not required to accept your request for restrictions, except that we are required, based on your written request, to restrict disclosure of your PHI to a health plan if (a) the purpose of the disclosure is to carry out payment or health care operations, (b) the disclosure is not otherwise required by law, and (c) the PHI pertains solely to a health care item or service for which you or someone other than the health plan have paid in full without any contribution from your health plan.
Right to Confidential Communications
You have the right to request that we provide your PHI to you in a confidential manner. For example, you may request that we send your PHI by an alternate means (e.g., sending by a sealed envelope, rather than a postcard) or to an alternate address (e.g., calling you at a different telephone number, or sending a letter to you at your office address rather than your home address).
Right to File a Grievance
We must follow the privacy practices set forth in this Notice while in effect. If you have any questions about this Notice, wish to exercise your rights, or file a complaint, please direct your inquiries to: Foresight Mental Health, P.O. Box 530077, Atlanta, GA 30353-0077.
You also have the right to directly file a grievance to the Secretary of the United States Department of Health and Human Service. We will not retaliate against you for filing a complaint against us.
Changes to this Notice
We reserve the right to revise this Notice consistent with law and make it applicable to all of your PHI that we maintain, regardless of when it was received or created. If we make material or important changes to our privacy practices, we will promptly revise our Notice. Unless the changes are required by law, we will not implement material changes to our privacy practices before we revise our Notice. You may request a copy of the Notice currently in effect at any time or you may access it by visiting [www.foresightmentalhealth.com].
The effective date of this Notice is October 27, 2021