LX Medical Notice of Privacy Practices
LX MEDICAL IS REQUIRED BY LAW TO MAINTAIN THE CONFIDENTIALITY OF
YOUR PROTECTED HEALTH INFORMATION. HOWEVER, THERE ARE CERTAIN
CIRCUMSTANCES UNDER WHICH LX MEDICAL MAY SHARE YOUR HEALTH
INFORMATION FOR CERTAIN PURPOSES.
THIS NOTICE DESCRIBES HOW PERSONAL AND MEDICAL INFORMATION ABOUT
YOU MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS
INFORMATION. PLEASE REVIEW IT CAREFULLY.
Effective as of January 1, 2020.
1. INTRODUCTION
LX Medical, LLC (“LX Medical”) respects and is committed to protecting your health
information. We are also required by law to maintain the confidentiality of your protected health
information, to give you this notice of our privacy practices and to abide by its terms. If we make
any significant changes to our notice of privacy practices, they will be available at
www.lxmedical.org.
This Notice of Privacy Practices (“Notice”), together with LX Medical’s Patient Consent to
Treatment form (“Informed Consent”), describes our practices in connection with how we use
and disclose information that we collect in the course of providing health care services to you,
and how you can get access to this information.
We may collect and process Personal Data, Non-Personal Data and Health Information (as
defined in Section 3, below).
This Notice does not address the privacy practices of any third party. LX Medical is not
responsible for the privacy practices of any such third parties, including those to whom we
disclose Personal Data in accordance with this Notice.
We use and disclose your Personal Data to help with your treatment, payment for your treatment
and our health care operations, and in other ways permitted or required by law. When the law
requires us to get your permission before we disclose your information to another organization or
person, or before we use it, we will do so as described below. You also have specific rights
related to your privacy. Those rights, and how you may exercise them, are described below
2. HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU
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“Health Information” is data that relates to your physical or mental health history or conditions,
to treatment you have received for those conditions, or to payments for those conditions. We treat
Health Information as Personal Data, subject to some special rules as required by the Health
Insurance Portability and Accountability Act (“HIPAA”). The categories below describe the
different ways that we may use or disclose health information about you without your
permission. Each of these categories of use or disclosure will be explained with an example
provided. Not every use or disclosure in a category will be listed.
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Treatment. We may use Health Information about you to permit health professionals to
provide you with health care treatment and services. We may disclose Health Information
about you to doctors, nurses, or other personnel involved in your care. For example, a
doctor treating you may need to know if you are allergic to a medication because it may
affect management of your condition.
•
Payment. We may use and disclose Health Information about you so that the treatment
and services you receive from us may be billed to and payment collected from you. For
example, we will need to share the credit or debit card details you provide with our bank
and payment processer.
•
Health Care Operations. We may use and disclose Health Information about you to
manage and improve the health care services and operations provided by us. For
example, we may use Health Information to conduct quality assessment reviews to assure
we are providing great care to our patients. We may also share your Health Information
with our “business associates” that perform administrative services for us.
•
Appointment Reminders, Treatment Alternatives. We may use your Health Information to
give you appointment reminders, information about treatment options and services, and
information about other health-related products or services.
•
Email and Telephone. When you provide us with your telephone number, you are
agreeing to receive all relevant calls from your health care professional (as requested
while receiving care).
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As Required by Law. We will disclose Health Information about you when required to do
so by federal, state, or local law.
•
To Avert a Serious Threat to Health or Safety. We may use and disclose Health
Information about you when necessary to prevent a serious threat to your health and
safety or the health and safety of the public or another person.
•
Military and Veterans. If you are a member of the armed forces or are separated/
discharged from military services we may release Health Information about you as
required by military command authorities or the Department of Veterans Affairs as may
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be applicable. We may also release Health Information about foreign military personnel
to the appropriate foreign military authorities.
•
Workers’ Compensation: We may release Health Information about you for workers’
compensation or similar programs.
•
Public Health Risks. We may disclose Health Information about you for public health
activities, which generally include: prevention or control of disease, injury, or disability;
reporting births, deaths, and child abuse or neglect; to report reactions to medications or
problems with products; to notify people recalls of products they may be using; to notify
someone who may have been exposed to a disease or may be at risk for contracting or
spreading a disease or condition; to notify the appropriate government authority if we
believe a patient has been the victim of abuse, neglect, or domestic violence (we will only
make this disclosure if you agree or when required or authorized by law).
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Health Oversight Activities. We may disclose Health Information to a health oversight
agencies for activities authorized by law. These activities include but are not limited to
audits, investigations, inspections, and licensure activities.
•
Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose
Health Information about you in response to a valid court order or administrative order.
We may also disclose Health Information about you in response to a subpoena, discovery
request, or other lawful process by someone else involved in the dispute, but only after
efforts have been made to notify you of the request and you have time to obtain an order
protecting the information requested.
•
Law Enforcement. We may release Health Information if asked to do so by a law
enforcement official in certain circumstances, such as in response to a court or
administrative order, warrant or similar process; to identify or locate a witness, suspect or
missing person; and to identify the victim of a crime or to report a crime.
•
Coroners, Health Examiners and Funeral Directors. We may release Health Information
about you to a coroner, health examiner, or funeral director as permitted or required by
law, such as to identify a deceased person or to determine the cause of death.
•
Inmates. If you are an inmate of a correctional institution or under the custody of a law
enforcement official, we may release Health Information about you to the correctional
institution or law enforcement official when the release is necessary: for the institution to
provide you with healthcare; to protect your health and safety or the health and safety of
others; or for the safety and security of the correctional institution.
•
Marketing and Advertising. We will not share your Health Information with advertisers or
other third parties. We will use your Health Information for marketing purposes only if
you have opted in to receiving marketing communications. Marketing purposes include
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letting you know about products and services that we offer. If you opt in, you may opt out
at any time by contacting us in the manner in which we have contacted you (by phone, e-
mail, or SMS). We will not sell or rent your Health Information or Personal Data without
your written authorization.
3. HOW WE MAY USE OR DISCLOSE NON-PERSONAL DATA WE MAY COLLECT
“Non-Personal Data” is data that does not reveal your identity, such as demographic information,
and de-identified Health Information and other de-identified Personal Data (i.e., information that
has been stripped of details and can no longer identify you).
We may use and disclose Non-Personal Data for any purpose. In some instances, we may
combine Non-Personal Data with Health Information or other Personal Data. If we combine any
Non-Personal Data with Health Information or other Personal Data, the combined information
will be treated by us as Health Information or Personal Data, as long as it is so combined.
With respect to patients who have entered into a Subscription Agreement with LX Medical and
have access to the Subscriber-only telemedicine portal or our website (the “Sites”), we may
collect Non-Personal Data in a number of ways, including but not limited to:
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Through the device you use to access the Sites: e.g., your operating system and browser
name and version, device manufacturer, device model and identifier etc. We may use this
data to analyze how the Sites are being used.
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Using cookies: Cookies are small text files which are placed on the device on which you
are using or accessing the Sites. We use cookies to better serve you with more tailored
information and facilitate your ongoing access to and use of the Sites, as well as for
online tracking purposes. You can disable cookies via your browser settings, however,
this may mean that some of the features of the Sites are no longer available to you. To
learn more about cookies, please visit http://www.allaboutcookies.org/.
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Through server log files: An Internet Protocol address (“IP Address”) is a numerical label
assigned to the device that you are using by your Internet Service Provider. Your IP
Address is identified and logged in our server log files whenever you use the Sites, along
with the time of the use. We use IP Addresses for purposes such as helping to calculate
usage levels of the Sites.
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Using web beacons: Web beacons may be used in connection with the Sites to track the
actions of users, and to measure the success of our marketing campaigns.
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From you: We may collect information from you which you volunteer, such as your
location or demographic information. Unless combined with Personal Data, this
information does not personally identify you.
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4. YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU
State and federal laws give you rights related to the privacy of your Health Information. Each of
these rights is described below. If you want to exercise these rights, you must notify us in
writing. For more information on these rights, see the Contact Information section below.
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Right to Inspect and Copy. You have certain rights to inspect and copy Health
Information that may be used to make decisions about your care. Usually this includes
health and billing records, but would not include psychotherapy notes. To exercise this
right, you must submit a request in writing to the contact identified below. If you request
a copy of your Health Information, we may charge a reasonable fee for the costs of
locating, copying, mailing, or other supplies and services associated with your request.
We may deny your request to inspect and copy in certain limited circumstances. If you
are denied access to Health Information, you may in certain instances request the denial
be reviewed.
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Right to Amend. You have the right to ask us to amend the Health Information that we
have about you if you feel it is incorrect or incomplete. You have this right to request an
amendment for as long as we keep the Health Information. You must make your request
in writing and provide a reason for your request. We may deny your request if, among
other reasons, the information was not created by us or if we believe it is otherwise
accurate and complete. If we deny your requested change, you have the right to ask us to
keep a copy of your request to amend in your records. Any amendment we make to your
Health Information will be disclosed to those with whom we disclose information as
previously specified.
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Right to an Accounting of Disclosures. Subject to certain exceptions, you have the right
to receive from us, upon your written request, an accounting (or listing) of instances
when we disclosed your Health Information as described in Section 2 of this policy and
of any unauthorized disclosures.
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Right to Request Restrictions. You have the right to request a restriction or limitation on
the Health Information we use or disclose about you for treatment, payment or health
care operations. We will consider your request, but we are not required to agree if it is not
feasible for us to ensure our compliance with law or we believe it will negatively impact
the care we may provide you. To request a restriction, you must make your request in
writing and identify what information you want to limit and to whom you want the limits
to apply.
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Right to Request Confidential Communications. You have the right to request that we
communicate with you about confidential matters by alternative means or at alternative
locations. For example, you can request that we only contact you at work. We will make
reasonable efforts to accommodate your request.
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Right to Receive a Paper Copy of This Notice. You have the right to obtain a paper copy
of this Notice at any time upon request.
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Right to Receive Notice of a Breach. We are required by law to notify you following a
breach of unsecured protected health information.
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Right to Complain about our Privacy Practices. If you believe we have violated your
privacy rights, you may complain to us directly (see contact information in Section 5) or
to the Office for Civil Rights of the United States Department of Health and Human
Services. You may file a complaint without fear of reprisal.
5. CHANGES TO THIS NOTICE
We reserve the right to change this Notice at any time. We reserve the right to make the revised
or changed Notice effective for health information we already have about you as well as any
information we receive in the future. We will make copies of the revised Notice publicly
available through our website. The Notice contains the effective date on the first page. Your use
of LX Medical’s services, including use of the Sites, or the submission of any information in
connection with the services and/or the Sites following such changes means that you accept and
agree to be bound by the revised Notice. If you have any questions related to this Notice of
Privacy Practices, please contact LX Medical at info@lxmedical.org, or 651-56-LXMED.
7. SPECIAL SITUATIONS AND OTHER INFORMATION PRACTICES
In addition to the situations described above, we may use and disclose visitor information
(except Health Information, which may only be disclosed as otherwise set forth in this Notice) in
special instances when we have reason to believe disclosing this information is necessary to
investigate, identify, contact, or bring legal action against someone who may be causing injury to
or interfering with our rights or property, other users of the Sites, or anyone else. We may
disclose user information regarding users of the Sites when subpoenaed, if ordered or otherwise
required by a court of law, arbitrator, or other similar proceeding or the rules governing such a
proceeding, for government investigations, with government agencies if required by law, to
exercise, establish, or defend legal rights, to protect your vital interests or those of any other third
party, and when LX Medical otherwise believes in good faith that any applicable law requires it.
Access to Personal Information for Reviewing, Editing, and/or Removing. If you wish to discuss
this Notice and the information we collect, you may contact us as provided in this Notice. In
order to provide you with any information, LX Medical may, but is not required to, request that
you prove your identity to the satisfaction of LX Medical.
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Business Transfers. In the event that we are involved in a bankruptcy, merger, acquisition,
reorganization or sale of assets or change in our ownership or control, your information may be
sold or transferred as part of that transaction to actual or prospective transaction partners and
their consultants, advisors, counselors, and agents, and otherwise shared to facilitate that
transaction before, during, and after that transaction is completed. The promises in this Notice
will apply to your information as transferred to the new entity.
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