HIPAA POLICY
Terms of Service and Usage
Notice of Complaints
Maui MedSpa, PLLC. NOTICE OF PRIVACY PRACTICES Effective Date: Jan 01 2020
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.
WHO WILL FOLLOW THIS NOTICE?
This Notice describes the practices of Maui MedSpa, PLLC. (from now on referred to as Maui MedSpa) and the practices that will be followed by all of Maui MedSpa workforce members who handle your medical information.
OUR PLEDGE REGARDING YOUR PROTECTED HEALTH INFORMATION
Maui MedSpa understands that medical information about you and your health is personal. We are committed to protecting medical information about you. We maintain our records and conduct our treatment environment with a goal of providing the highest level of protection for your medical information, while still providing you with the highest level of medical care. This Notice applies to all of the records of your medical care which are received or created by Maui MedSpa.
Your other medical treatment providers (e.g., doctors, hospitals, home health agencies,
etc.) may have different policies or notices regarding the use and disclosure of your
medical information. This Notice will tell you about the ways in which Maui MedSpa may use and disclose medical information about you. Your medical information, also referred to as "protected health information," is that information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health information and related health care services.
In this Notice, we also describe your rights and certain obligations Maui MedSpa has regarding the use and disclosure of your protected health
information.
We are required by law to:
* make sure that medical and other information that identifies you (protected health information) is kept private;
* give you this Notice of our legal duties and privacy practices with respect to protected health information about you; and
* follow the terms of the Notice that is currently in effect.
USES AND DISCLOSURES FOR TREATMENT, PAYMENT AND HEALTH CARE OPERATIONS
By becoming a patient of Maui MedSpa you are giving consent for Maui MedSpa to use your protected health information for certain activities, including treatment, payment and other health care operations. Sometimes, you may hear these three activities referred to as "TPO."
First of all, we may use and disclose protected health information about you so that
Maui MedSpa and its medical professionals can treat you. For
example, we may use your past medical information in order to diagnose your present condition or we may provide information regarding your medical condition to another
doctor to whom we refer you for additional care. We may also use and disclose protected health information about you so that we may be paid for the medical treatment we provide you. For example, we will submit protected health information about you to your insurance company in order to receive payment for services we have provided to you. We may also use and disclose protected health information about you for Maui MedSpa 's health care operations, in other words, those other tasks thatwe need to perform to make sure that you are provided the highest quality of medicalcare. For example, we may use your protected health information to evaluate how wecan better meet your needs or we may provide protected health information about you to an auditor who reviews our books so that we can keep our license to provide medical
services in Texas.
OTHER USES AND DISCLOSURES OF YOUR PROTECTED HEALTH INFORMATION
The following uses of your protected health information may be made without any additional authorization from you.
USES AND DISCLOSURES FOR APPOINTMENT REMINDERS
We may use and disclose your medical information to contact you as a reminder that you have an appointment at the office. If you request that such communications be made confidentially, please contact our office in writing at 10526 W Parmer Lane Suite 425, Austin, TX 78717. We will accommodate all reasonable requests.
USES AND DISCLOSURES TO OTHERS INVOLVED IN YOUR HEALTH CARE We may disclose to a member of your family, a relative, a close friend, or any other person you identify, your protected health information that directly relates to that person’s involvement in your medical care. If you are unable to agree or object to this disclosure, we may disclose such information as necessary if we determine that it is in your best interests based on our professional judgment. We may also use or disclose protected health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for your care of your location, general condition, or death. Finally, we may use or disclose your protected health information to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your health care.
USES AND DISCLOSURES IN EMERGENCY SITUATIONS
We may use or disclose your protected health information in an emergency treatment situation. If this happens, your physician will attempt to obtain your acknowledgment of this Notice as soon as reasonably practicable after the delivery of treatment.
USES AND DISCLOSURES FOR HEALTH-RELATED BENEFITS OR SERVICES From time to time, Maui MedSpa, PLLC may use and disclose protected
health information to tell you about certain health-related benefits or services that may be of interest to you.
USES AND DISCLOSURES REQUIRED BY LAW
We will use or disclose protected health information about you when required to do so by federal, state, or local law. The use or disclosure will be made in compliance with the
law and will be limited to the relevant requirements of the law. You will be notified, if
the law requires us to do so, of any such uses or disclosures. We must make disclosures to you and when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the law.
USES AND DISCLOSURES FOR PUBLIC HEALTH ACTIVITIES
We may disclose your protected health information for public health activities and disclosure for such purposes will be to a public health authority that is permitted by law to collect or receive the information. The disclosure will be made for purposes such as controlling disease, injury or disability. Disclosures to public health authorities may include disclosure to a foreign authority that is working with the public health authority.
USES AND DISCLOSURES RELATED TO COMMUNICABLE DISEASES
We may disclose your protected health information, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of
contracting or spreading the disease or condition.
DISCLOSURES FOR HEALTH OVERSIGHT ACTIVITIES
We may disclose protected health information to a health oversight agency for activities authorized by law. These activities include, for example, audits, investigations, and
inspections. These activities are necessary for the government to monitor the health care system, the delivery of health care, government benefit programs, other government regulatory programs and civil rights laws.
DISCLOSURES OF ABUSE OR NEGLECT
We may disclose your protected health information to a public health authority authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect or domestic violence to a governmental entity or agency authorized to receive such information. In such cases, the disclosure will only be made in accordance with Texas law.
DISCLOSURES TO THE FOOD AND DRUG ADMINISTRATION
We may disclose your protected health information to a person or company required by the Food and Drug Administration (FDA) to report adverse events, product defects or other problems, biologic product deviations, track products; to enable product recalls; to make repairs or replacements; or to conduct post-market surveillance, as required.
DISCLOSURES FOR LAWSUITS AND DISPUTES
If you are involved in a lawsuit or a dispute, we may disclose protected health
information about you in response to a court order or administrative order. We may also disclose protected health information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
DISCLOSURES TO LAW ENFORCEMENT
We may release protected health information if asked to do so by a law enforcement official, in response to a court order, subpoena, warrant, summons, or similar process. Other related disclosures may include disclosures relating to individuals who are Armed Forces personnel, to national security and intelligence agencies, as well as disclosures to authorized federal officials for the protection of the President of the United States or other authorized persons or foreign heads of state.
DISCLOSURES TO CORONERS, FUNERAL DIRECTORS, AND ORGAN DONATION
We may disclose protected health information about you to a coroner or medical examiner for identification purposes, determining cause of death, or for the coroner or medical examiner to perform other duties required by law. We may also disclose protected health information about you to a funeral director in order to permit the funeral director to carry out legal duties, and may do so if death is reasonably anticipated. Your protected health information may also be disclosed for certain organ donations to which you may have agreed.
DISCLOSURES FOR RESEARCH
We may disclose your protected health information to researchers when their research has been approved and protocols have been established to ensure the privacy of your
information. We may also disclose a limited set of your information, as allowed under
the law, for research purposes.
DISCLOSURES RELATED TO CRIMINAL ACTIVITY
We may disclose your protected health information, consistent with federal and Texas laws, if we believe that the use or disclosure is necessary to prevent or lessen a serious or imminent threat to the health or safety of a person or the public, or if it is necessary for law enforcement authorities to identify or apprehend an individual.
DISCLOSURES FOR WORKERS’ COMPENSATION
We may release protected health information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.
YOUR RIGHTS REGARDING PROTECTED HEALTH INFORMATION ABOUT YOU.
Right to Inspect and Copy. You have the right to inspect and copy protected health information that may be used to make decisions about your medical care. Usually this right includes both medical and billing records. You must submit your request in writing.
If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request. Your request to inspect and copy your information may only be denied in very limited circumstances and you have a right to request that any such denial be reviewed.
Right to Request Restrictions. You have the right to request that we restrict the use and disclosure of your protected health information for treatment, payment and health care operations. We are not required to agree to your request. If we do agree, we will
comply with your request unless the information is needed to provide you emergency treatment. To request restrictions, you must make your request in writing to 10526 W Parmer Lane Suite 425 Austin, TX 78717 In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply.
Right to Confidential Communications. You also have the right to request to receive
private health information communications by alternative means or at alternative
locations. For example, you can ask that we only contact you at work or by mail. To
request confidential communications, you must make your request in writing to 10526 W Parmer Lane Suite 425 Austin, TX 78717. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.
Right to Amend. If you feel that the protected health information we have about you is incorrect or incomplete, you have the right to request that your protected health
information be amended. Only the health care entity (e.g. doctor, hospital, clinic, etc.)
that created your protected health information is responsible for amending it. For more information regarding the procedures for submitting such a request, contact 10526 W Parmer Lane Suite 425 Austin, TX 78717
Right to an Accounting of Disclosures. You have a right to an accounting of
disclosures of your protected health information, for purposes other than treatment,
payment or health care operations by Maui MedSpa PLLC or any of the
people or companies who perform treatment, payment or health care operations on our
behalf. To request this list of disclosures we made of protected health information about
you, you must submit a request in writing to 10526 W Parmer Lane Suite 425 Austin, TX 78717. Your request must state a time period which may not be longer than ten (10) years prior to the date of your request and may not include dates before January 1st 2020. Your request should indicate the form in which you want the list (for example, on paper or electronically).
Right to a Paper Copy of this Notice. You have the right to a paper copy of this Notice. You may ask us to give you a copy of this notice at any time.
To learn more about these procedures, or to make any of these requests, you should contact Maui MedSpa PLLC.
CHANGES TO THIS NOTICE
Maui MedSpa reserves the right to change this notice. We reserve
the right to make the revised or changed Notice effective for protected health information we already have about you, as well as any information we create or receive in the future.
COMPLAINTS
If you believe your privacy rights have been violated and/or Maui MedSpa PLLC has not followed this policy, you may file a complaint with Maui MedSpa PLLC or with the Secretary of the Department of Health and Human Services. To file a complaint with Maui MedSpa PLLC, contact Winston Alexander Turnage, Maui MedSpa PLLC 10526 W Parmer Lane Suite 425 Austin, TX 78717 All complaints must be submitted in writing. You will not be penalized for filing a complaint.
OTHER USES OF PROTECTED HEALTH INFORMATION
Other uses and disclosures of your protected health information not covered by this
notice or the laws that apply to Maui MedSpa PLLC will be made only with your written permission (“authorization”). If you provide us permission to use or disclose protected health information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose protected health information about you for the reasons covered by your authorization. You understand that we are unable to take back any disclosures we have already made
with your permission, and that we are required to retain our records of the medical
treatment or other services that we have provided to you.
QUESTIONS?
If you have any questions regarding this notice, please contact Maui MedSpa PLLC.
Maui MedSpa PLLC PATIENT ACKNOWLEDGMENT FORM
Our Notice of Privacy Practices (Notice) provides information about how we may use and disclose protected health information about you. You have the right to receive and review our Notice before signing this acknowledgment. As provided in our Notice, the terms of our Notice may change. If we change our Notice, you may obtain a revised copy.
By signing this form, you acknowledge that you have been informed of our uses and
disclosures of protected health information about you for all of the purposes set out in our Notice. By signing this form, you also acknowledge that a copy of our Notice has been provided to you, that you understand the contents of our Notice and how it applies to you, and that all of your questions regarding the contents of our Notice have been answered.
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TERMS AND CONDITIONS
Please read and understand these Terms and Conditions before using this site. By using this site and the related web pages of Maui MedSpa PLLC and/or its various divisions and subsidiaries (collectively referred to as “Maui MedSpa”), you accept and agree to be bound and abide by the following Terms and Conditions. If you do not agree with these Terms and Conditions, you must not access or use this site and the related web pages.
INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THIS DISCLAIMER OF WARRANTIES, YOU MAY HAVE SPECIFIC WARRANTY RIGHTS, WHICH VARY FROM STATE TO STATE.
THE CONTENT PROVIDED ON THIS WEBSITE SHOULD BE USED FOR INFORMATIONAL PURPOSES ONLY. THIS WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL INFORMATION AND SHOULD NOT BE RELIED UPON BY ANY PERSON FOR ANY MEDICAL, DIAGNOSTIC OR TREATMENT REASONS. ANY TESTIMONIALS FOUND ON THIS WEBSITE ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANY INDIVIDUAL WILL RECEIVE THE SAME OR SIMILAR RESULTS. THE RESULTS DESCRIBED IN THE TESTIMONIALS MAY NOT BE TYPICAL AND INDIVIDUAL RESULTS MAY VARY.
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Maui MedSpa may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Use of Site
This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of Maui MedSpa, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site, in each case without the prior written permission of Maui MedSpa. You agree that you will not transmit or otherwise transfer any web pages, data or content found on this site to any other computer, server, website, or other medium for mass distribution or for use in any commercial activity or enterprise. You agree that you will not use any device, software or routine to interfere or otherwise attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Maui MedSpa deems in its sole discretion to be unreasonable or disproportionate to the benefits Maui MedSpa obtains from your use of the site.
Unauthorized use of this site and/or any data or content contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. If you obtain prior written permission of Maui MedSpa to use data or content contained on this site, you must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (c) contains a virus, “bug”, malware or other harmful item or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of this site.
Privacy
By accessing this site, you consent to Maui MedSpa Privacy Policy, the terms of which are incorporated herein.
Links
This site may include links to other Internet websites and resources provided by third parties. These websites and resources are provided solely as a convenience to you and not as an endorsement by Maui MedSpa of the contents of (or any product or services available from) such other sites. Maui MedSpa is not responsible or liable to you or any third party for the content, accuracy, products or services of such sites, and Maui MedSpa makes no representation or warranty regarding any other sites or the content or materials on such sites. If you decide to access other sites, you do so at your own risk and subject to the terms and conditions of use for such sites. You acknowledge and agree that Maui MedSpa shall not be liable for any damage or loss arising from or related to your use of such sites or reliance on any such content, products or services available from such sites.
Maui MedSpa specifically disclaims any duty to update the information in the press releases, presentations or other archived material.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, SECRET MEDSPA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL SECRET MEDSPA, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE) OR (III) THE PERFORMANCE OR NONPERFORMANCE BY SECRET MEDSPA OR ANY THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Changes to the Terms and Conditions
Maui MedSpa reserves the right to change these Terms and Conditions from time to time without notice and in its sole discretion. All changes are effective immediately when posted and apply to all access to, and use of, this site thereafter. However, any changes to the governing law and dispute resolution provisions set forth below will not apply to any disputes for which parties have actual notice on or before the date the change is posted on the site.
Indemnification
You agree to indemnify, defend and hold harmless Maui MedSpa and its directors, officers, associates, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorney fees) arising out of or relating to your violation of these Terms and Conditions or your use of this site.
Governing Law & Location of Dispute Resolution
All matters relating to this site and these Terms and Conditions and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the United States of America and of the State of Texas (without regard to conflict of law principles). The language herein shall be interpreted as to its fair meaning and not strictly for or against any party. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, the State of Texas, United States of America, in all questions and controversies arising out of your use of this site and these Terms and Conditions. You expressly submit to the jurisdiction of said courts, and you consent to extraterritorial service of process. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within [two] years from the date on which such claim or action arose or accrued.
Waiver and Severability
No waiver by Maui MedSpa of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Maui MedSpa to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
If you have questions or concerns regarding this website, please contact the director@mauimedspa.com.
NOTICE CONCERNING COMPLAINTS, Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.