Yingo Yango, Inc.
Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION MAY BE USED AND DISCLOSED BY YINGO YANGO, INC., AND HOW IT MAY BE ACCESSED BY PATIENTS WHO USE THE YINGO YANGO PLATFORM.
PLEASE REVIEW IT CAREFULLY.
I. Purpose of This Notice of Privacy Practices
This Notice describes the health information privacy practices of Yingo Yango, Inc.. Any user of the Yingo Yango Mobile Health and Wellness Integration and Employee Engagement Platform (the “Yingo Yango Platform”), should note that Yingo Yango is not a licensed health care provider or a health plan. Rather, Yingo Yango provides its Platform on behalf of health benefit managers, health plans, employers, self-funded plans, and providers (each a “Customer”), in some cases as a business associate, under the applicable provisions of the Laws.
II. Yingo Yango ’s Privacy Obligations
Under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health chapter of the American Recovery and Reinvestment Act of 2009 (HITECH) and the implementing regulations and other applicable state and federal laws (Collectively, the “Laws”), Yingo Yango is required by law to maintain the privacy of the protected health information (“Protected Health Information” or “PHI”) of its customer’s members and to provide each such member with this Notice of Privacy Practices regarding Protected Health Information. Yingo Yango may be a business associate, as defined in those Laws, depending upon the nature of the customer. When Yingo Yango uses or discloses Protected Health Information, it is required to abide by the terms of its privacy policies as reflected in this Notice as it may be amended or updated from time to time.
The Laws divide uses and disclosures of PHI into those which can be done without patient authorization and those which require patient authorization. Section III describes uses and disclosures that can be done without patient authorization. Section IV describes uses and disclosures that can be made only with written patient authorization.
III. Permissible Uses and Disclosures Without A Written Authorization
A. Uses and Disclosures For Treatment, Payment and Health Care Operations. Yingo Yango may use and disclose PHI under federal law in order to enable treatment, receive payment or engage in healthcare operations as described below:
Treatment. Pursuant to and consistent with its arrangement with a provider or health plan, Yingo Yango may use and disclose PHI to those who provide diagnosis and treatment to a patient. Consistent with that use and disclosure, Yingo Yango may contact provide appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest and to disclose PHI to other providers involved in a patient’s treatment.
Payment. Yingo Yango may use and disclose PHI to obtain payment for services that Yingo Yango provides, for example to a health plan or to a provider client. Yingo Yango may also disclose PHI to a provider or health care facility when such PHI is required for such a provider or health care facility to engage in treatment, payment or health care operations. HITECH provides, however, that a patient may pay for the services and request that his/her PHI not be disclosed to the health plan for that service.
Health Care Operations. Yingo Yango may use and disclose PHI for health care operations, which include administration, management and activities that improve the quality and cost effectiveness of the Yingo Yango Platform.
B. Disclosure to Relatives, Close Friends and Other Caregivers. Yingo Yango may use or disclose PHI to a patient’s family member, other relative, a close personal friend or any other person identified by a patient with a written authorization received from the patient prior to the disclosure.
If a patient has not provided a written authorization and such authorization cannot practicably be provided because of incapacity or an emergency circumstance, Yingo Yango personnel may exercise professional judgment to determine whether a disclosure is in the best interest of the patient. If Yingo Yango discloses information to a provider, payer, family member, other relative or a close personal friend without an authorization, Yingo Yango would disclose only the minimum necessary information that Yingo Yango determines to be necessary with respect to the patient’s health care. Yingo Yango may also disclose PHI in order to notify (or assist in notifying) such persons of a patient’s location, general condition or death.
C. Public Health Activities. Yingo Yango may disclose PHI in order to comply with public health requirements, including but not limited to: (1) to report certain diseases, conditions or other findings to public health authorities for the purpose of preventing or controlling disease, injury or disability; (2) to report child abuse and neglect to public health authorities or other government authorities authorized by law to receive such reports; (3) to report information about products and services under the jurisdiction of the U.S. Food and Drug Administration; (4) to alert a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition (under specifically limited circumstances); and (5) to report suspected abuse or neglect to a governmental authority, including a social service or protective services agency, authorized by law to receive reports of such abuse or neglect.
D. Health Oversight Activities. Yingo Yango may disclose PHI to a health oversight agency that oversees the health care system and is charged with responsibility for ensuring compliance with the rules of government health programs such as Medicare or Medicaid and civil rights laws.
E. Judicial and Administrative Proceedings. Yingo Yango may disclose PHI in the course of a judicial or administrative proceeding in response to a legal order or other lawful process.
F. Law Enforcement Officials. Yingo Yango may disclose PHI to the police or other law enforcement officials as required or permitted by law or in compliance with a court order or a grand jury or administrative subpoena.
G. Uses or Disclosures Required By Law. Yingo Yango may use and disclose PHI when required to do so by any other law not already referred to in the preceding categories.
IV. Uses and Disclosures Requiring Written Authorization
This Section IV describes the circumstances pursuant to which Yingo Yango must obtain an individual’s written authorization to use or disclose PHI.
Yingo Yango only may use or disclose PHI when it receives a written authorization for such use or disclosure for any purpose other than the ones described above in Section III, and as described below.
A. HIV/AIDS Related Information. Yingo Yango shall only disclose PHI related to HIV or AIDs with the express authorization of the Individual, and for those reasons listed above.
B. Behavioral Health Information. Consistent with State and Federal laws, Yingo Yango will only disclose Behavioral Health Information pursuant to a valid written authorization. The confidentiality of alcohol and drug abuse patient records maintained by Yingo Yango is protected by federal and state law and regulations. Yingo Yango may not disclose drug and alcohol medical records without a patient’s written authorization.
V. Rights Regarding Protected Health Information
A. For Further Information; Complaints. Further information, concerns or complaints about Yingo Yango ’s privacy practices, or about any violations of patient privacy rights or disagreements with a decision that Yingo Yango made regarding access to PHI, should be addressed to the Yingo Yango Privacy Office, at the following address:
Yingo Yango, Inc.
A patient may also file written complaints with the Office of Civil Rights of the U.S. Department of Health and Human Services, at the following address:
Office for Civil Rights
U.S. Department of Health and Human Services
150 S. Independence Mall West
Suite 372, Public Ledger Building
Philadelphia, PA 19106-9111
Main Line (800) 368-1019
FAX (215) 861-4431
TDD (800) 537-7697
Yingo Yango will not retaliate against any person who reports a privacy issue or files a complaint with the Director of OCR/HHS or with the Privacy Officer.
B. Right to Request Restrictions. A patient may request restrictions on Yingo Yango ’s use and disclosure of PHI (1) for treatment, payment and health care operations, (2) to individuals (such as a provider, family member, other relative, close personal friend or any other person identified by the patient) involved with care or with payment related to care, or (3) to prevent or limit the notification of such individuals regarding a patient’s location and general condition.
C. Right to Receive Confidential Communications. A patient may request, and Yingo Yango will accommodate, any reasonable written request to receive his or her PHI by alternative means of communication or at alternative locations. Requests should be made to the Privacy Office in writing.
D. Right to Revoke Authorization. A patient may revoke his or her Authorization, except to the extent that Yingo Yango have taken action in reliance upon it, by delivering a written revocation statement to the Privacy Office identified above.
E. Right to Inspect and Copy Health Information. Yingo Yango does not retain or store PHI. To the extent that Yingo Yango has PHI, a Patient may request access to medical record files and billing records maintained by Yingo Yango in order to inspect and request copies of the records. Under limited circumstances, Yingo Yango may deny access to a portion of such records. Record requests must be made in writing to the Privacy Office. Yingo Yango will charge $1.00 per page, for the first 100 pages, and $0.25 per page after that, up to a maximum of $200.00 per record, plus postage costs if mailing is requested.
F. Right to Amend Records. To the extent that Yingo Yango stores PHI, each patient has the right to request that Yingo Yango amend Protected Health Information maintained in Yingo Yango ’s medical record file or billing records, by making such a request in writing to the Privacy Office. Yingo Yango will comply with such requests unless Yingo Yango believes that the amendment is inaccurate or would result in an inaccurate or incomplete record.
G. Right to Receive An Accounting of Disclosures. Upon written request to the Privacy Office, Yingo Yango will provide a patient with an accounting of certain disclosures of PHI made by Yingo Yango during any period of time prior to the date of said request to the Effective Date, provided such period does not exceed six years.
H. Right to Receive Paper Copy of this Notice. Upon request, Yingo Yango will provide a paper copy of this Notice.
VI. Effective Date and Duration of This Notice
A. Effective Date. This Notice is effective on 9/15/2014.
B. Right to Change Terms of this Notice. Yingo Yango may change the terms of this Notice at any time. If Yingo Yango changes this Notice, Yingo Yango may make the new notice terms effective for all Protected Health Information that Yingo Yango maintain, including any information created or received prior to issuing the new notice. Copies of any amended notice will be available from the Privacy Office.