Notice of Privacy Practices
Truepill’s platform utilizes online technology (e.g. photo sharing, telehealth, etc.) adapted for the specific needs of modern healthcare. All tools and services offered by Truepill on this website (the “Site”) are referred to as the “Services” for the purposes of this Authorization. Further, the terms “Truepill”, “we” or “us” refers to Truepill, Inc., our subsidiaries and affiliates, and to any of your provider(s) with which Truepill contracts for the provision of the Services.
Truepill allows users of the Site (the “Users”) to share personal health information online. Truepill may also contract with or allow for use of the Site by certain health care providers or networks of health care providers (collectively, “providers”) to facilitate your use of the Services or to make Truepill’s Services available to Users who are patients of such providers.
Safeguards for PHI
Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of this health and health-related information may be considered “protected health information” or “PHI” if such information is received from or on behalf of Providers. Under certain circumstances described in HIPAA, an individual needs to sign an Authorization form before a Covered Entity, like your healthcare Provider(s), can disclose protected health information to a third party.
Non-Protected Health Information
Your PHI Authorization
The purpose of this HIPAA Authorization (“Authorization”) is to request your written permission to allow Truepill to use and disclose your PHI in the same way as we use and disclose your Non-PHI. If Truepill is a Business Associate of your healthcare Providers, Truepill needs your Authorization to be able to use and disclose your PHI in the same way it can currently use and disclose your Non-PHI when Truepill is not working on behalf of your healthcare Providers, but is instead working on its own behalf. Therefore, when Truepill relies on this Authorization, and uses and discloses PHI as described in this Authorization, it is not working as a Business Associate and the HIPAA requirements that apply to Business Associates will not apply to such uses and disclosures.
By checking “I Agree”, a related box to signIfy your acceptance, using any other ACCEPTANCE protocol presented through the service, you give your permission to Truepill to retain your PHI and to use and/or disclose your PHI in the same way that you have agreed that your Non-PHI can be used and disclosed.
Use and disclosure of your information
As used in this Authorization, the term “health information” means all information, in any format including without limitation text, photos, and video, relating to your past, present, or future physical or mental health or condition; the provision of health care to you; or the past, present, or future payment for the provision of health care to you. It specifically includes such information after you have submitted your consult including consent and/or payment. It includes such information regardless of whether it is or has been posted on the Site, was submitted by you or by other Users of the Site, was made available to us by your providers, or was posted on the Site by us, and regardless of whether it is subsequently removed from the Site.
Examples of “health information” include, but are not limited to:
- Information about your medical condition or illness, including diagnosis date, first symptom information and family history.
- Known allergies to prescription medications.
- Photographs of your symptoms to document your health condition.
- Treatment regimens, including treatment start dates, stop dates, dosages and side effects.
- Symptoms experienced, including severity and duration.
- Health risk assessment scores or surveys.
- Medications prescribed and supplements taken.
- Communications between you and your providers
- Lab tests or lab results.
- Genetic information, including information on genetic tests and test results, individual genes and/or entire genetic scans.
- Tests or test results for diseases or health conditions.
- Alcohol, drug or substance abuse information.
- Claims information relating to your health care coverage with a health insurer, including but not limited to, benefits paid; benefits denied; pre-service, concurrent and post service certification/utilization review decisions; and/or care management activities.
You hereby authorize us, and any third party vendors acting on our behalf, to use or disclose all, or any part of, your health information to the persons or entities identified below for the stated purposes:
- To your providers in order to provide the Services to you and/or your providers.
- To the extent that authorization is required by applicable law, to re-disclose your health information among ourselves, and to any third party vendors acting on our behalf, for the purpose of providing the Services to you, your providers, and/or other Users.
- To the extent that authorization is required by applicable law, to use or disclose your health information to third parties in order to properly manage our business and/or to comply with our legal responsibilities (for example, to respond to a subpoena or similar legal process); when we believe in good faith that disclosure is necessary to protect our rights or to protect your safety or the safety of others; to investigate fraud; to respond to a governmental request for information; or in connection with a merger, acquisition or sale of all or a portion of Truepill’s assets.
- To the extent that authorization is required by applicable law, to market our products and services (and those of third parties) to you, though we will not disclose your health information in doing so. For example, we may allow third parties to choose the characteristics of users who will receive the communications, and we may use any attributes we have collected (including information you do not make available on the Site) to select the appropriate audience for those communications.
You hereby acknowledge that health information disclosed pursuant to this Authorization may be subject to re-disclosure by the recipient and no longer protected by the privacy laws.
In some cases, communications between you and Truepill will include health information in unencrypted forms (most notably email and text). The information included within these communications will never include highly-sensitive information including your medical history, medication prescribed outside of the Truepill Platform, and any photos you provide in your consultation. You are authorizing Truepill to communicate with you using unencrypted mediums (like email and text) for some PHI including, but not limited to your Truepill treatment plan, the name of your Provider, and the condition you’re seeking treatment for.
With this authorization, you understand the following risks of communicating using unencrypted mediums:
- Email and texts can be forwarded, printed, intercepted, and stored by anyone with access to your email inbox or mobile phone.
- These mediums are not appropriate for emergencies or time-sensitive information.
- Your employer typically has the right to access any email received or sent by a person at work.
- Staff other than your healthcare provider may read and process email.
- Clinically relevant messages and responses will be documented and become part of your medical record at your Physician’s discretion.
- Truepill is not liable for information lost or misdirected due to technical errors or failures.
This Authorization will expire as of the earliest of the following: (i) your valid revocation of this Authorization in accordance with the procedures set forth below; (ii) deactivation of your User account; or (iii) the maximum period permitted by applicable law.
We are required by law to make sure that PHI that identifies you is kept private, give you this Notice of our legal duties and privacy practices concerning your PHI, and follow the terms of this Notice currently in effect.
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 to email@example.com Usually, this includes medical and billing records. Contact Customer Service for more information at firstname.lastname@example.org or 1-833-860-1057.
Right To Amend. If you think that PHI Truepill has about you is wrong or incomplete, and you cannot edit it using the Truepill website, you have the right to ask for an amendment to your record. To ask for a change to your record, you must make your request in writing, state a reason that supports your request and submit it to Customer Service at email@example.com. Truepill may also deny your request if you ask Truepill to amend information that:
- Truepill 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.
Right To an Accounting of Disclosures. You have the right to get a list of the disclosures Truepill has made of your PHI. This list will not include all disclosures that Truepill made. For example, this list will not include disclosures that Truepill made for treatment, payment or health care operations. It will not include disclosures made before June 1, 2012, or disclosures you specifically approved. To ask for this list, you must submit your request through our request form. To ask for a form, send a message to firstname.lastname@example.org.
Right To Request Restrictions. You have the right to ask for a restriction or limitation on the PHI Truepill uses or disclosures for treatment, payment or health care operations. You also have the right to ask for a limit on the PHI Truepill 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. Truepill is not required to comply with your request. If Truepill 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 through an approved form. Get the form by messaging email@example.com. 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 Truepill communicate with you through alternative means or at an alternate location. You must make your request in writing on a form that will be provided to you upon request. Truepill will fulfill all reasonable requests.
Right To a Paper Copy of This Notice. Right To a Paper Copy of This Notice. You may ask Truepill 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 think your privacy rights have been violated, you may file a complaint with Our Privacy Officer or in writing at the address listed below. You may also file a complaint with the Secretary of the Department of Health and Human Services. You many also file a complaint with the applicant pharmacy. Contact the pharmacy directly with such a complaint. You will not be penalized for filing a complaint. You may also contact us for further information about your privacy rights by emailing us at firstname.lastname@example.org as well as by post mail:
3121 Diablo Ave,
Hayward, CA 94545
Attn: Privacy Officer
You may refuse to execute this Authorization. However, if you refuse to sign this Authorization, you will not have access to the Truepill platform, including its online consultations with board-certified clinicians.
You may revoke this Authorization at any time. Your revocation must be in writing, signed by you and delivered to the following address:
Truepill Customer Support,
3121 Diablo Ave,
Hayward, CA 94545.
Your revocation will be effective upon receipt, but will not be effective to the extent that we or others have previously acted in reliance upon this Authorization. In the event you revoke this Authorization, you will no longer have access to your Truepill account.