HIPAA PRIVACY RULE

Note to Users: This notice is NOT the same as your health plan's Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Notice of Privacy Practices, which describes in detail how your health plan uses and discloses your individually identifiable health information. Your health plan has a Notice of Privacy Practices, which includes policies for using and disclosing your information, including information you provide to ABA MED GROUP. This is managed by your health plan, not by ABA MED GROUP, so we cannot notify you of changes or updates. If you would like to read a copy of your health plan’s Notice of Privacy Practices, please ask your provider for a copy.

The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, healthcare clearinghouses, and healthcare providers that conduct certain healthcare transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records and to request corrections. The Privacy Rule is at 45 CFR Part 160 and Subparts A and E of Part 164. The following is a summary of key elements of the Privacy Rule and is not a complete or comprehensive guide to compliance. Entities regulated by the Rule are obligated to comply with all applicable requirements and should not rely on this summary as a source of legal information or advice.

What Information is Protected

The Privacy Rule protects all “individually identifiable health information” held or transmitted by ABA MED GROUP or its business associates, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information “protected health information (PHI).” “Individually identifiable health information” is information, including demographic data, that relates to:

The individual’s past, present, or future physical or mental health or condition
The provision of healthcare to the individual
The past, present, or future payment for the provision of healthcare to the individual

…and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Individually identifiable health information includes many common identifiers (e.g., name, address, birth date, Social Security number).

The Privacy Rule excludes from protected health information employment records that ABA MED GROUP maintains in its capacity as an employer.

Basic Principle

A major purpose of the Privacy Rule is to define and limit the circumstances in which an individual’s protected health information may be used or disclosed by ABA MED GROUP. ABA MED GROUP must not use or disclose protected health information except either:

As the Privacy Rule permits or requires; or
As the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.

Required Disclosures

ABA MED GROUP must disclose protected health information in only two situations:

To individuals (or their personal representatives) specifically when they request access to, or an accounting of disclosures of, their protected health information
To HHS when it is undertaking a compliance investigation, compliance review, or enforcement action

Permitted Uses and Disclosures

ABA MED GROUP is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations:

To the individual (unless required for access or accounting of disclosures)
Treatment, Payment, and Healthcare Operations
Opportunity to Agree or Object
Incident to an otherwise permitted use and disclosure
Public Interest and Benefit Activities
Limited Data Sets for research, public health, or healthcare operations

Examples of HIPAA Violations

Accessing health information of coworkers, family members, politicians, or celebrities
Throwing PHI into the trash — all PHI material MUST be placed in a secure shredder
Sharing patient information with unauthorized persons
Telling friends or relatives about patients who use ABA MED GROUP services

Non-Compliance With HIPAA Regulations Can Result In

Penalties for Civil Violations

HIPAA Violation: Unknowing
Penalty Range: $100 – $50,000 per violation, with an annual maximum of $25,000 for repeat violations

HIPAA Violation: Reasonable Cause
Penalty Range: $1,000 – $50,000 per violation, with an annual maximum of $100,000 for repeat violations

HIPAA Violation: Willful Neglect (Corrected Within Required Time Period)
Penalty Range: $10,000 – $50,000 per violation, with an annual maximum of $250,000 for repeat violations

HIPAA Violation: Willful Neglect (Not Corrected Within Required Time Period)
Penalty Range: $50,000 per violation, with an annual maximum of $1.5 million

Criminal Penalties

The DOJ handles criminal violations of HIPAA. As with HIPAA civil penalties, there are different levels of severity for criminal violations.

Covered entities and specified individuals who knowingly obtain or disclose individually identifiable health information in violation of the Administrative Simplification Regulations face:

A fine of up to $50,000 and imprisonment up to 1 year
Offenses committed under false pretenses may increase penalties to a $100,000 fine and up to 5 years in prison
Offenses committed with intent to sell, transfer, or use PHI for commercial advantage, personal gain, or malicious harm may result in fines up to $250,000 and imprisonment up to 10 years

If an employee sees another staff member misusing PHI, the incident must be reported to ABA MED GROUP.

Security Rule

HIPAA regulations also include a Security Rule. Effective April 21, 2005, the Security Rule established standards to ensure the privacy of electronic protected health information. ABA MED GROUP has implemented the requirements of the Rule and continually monitors and manages required security controls.

Medical Disclaimer

All research and clinical material published by ABA MED GROUP on its websites is for informational purposes only. Readers are encouraged to confirm the information contained herein with other sources. Patients and consumers should review the information carefully with their professional healthcare provider.

The information is not intended to replace medical advice offered by physicians. ABA MED GROUP will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom.

Non-Discrimination Policy

POLICY

This policy was developed to comply with Federal non-discrimination regulations and shall be applied in accordance with the ABA MED GROUP policies and standards, as referenced below.

ABA MED GROUP is committed to ensuring that all its services are accessible to all individuals, including individuals with disabilities. In turn, ABA MED GROUP provides this policy to foster a healthcare environment free from unlawful harassment and discrimination in accordance with federal, state, and local law, and one where patients are treated with equality in a welcoming and respectful manner.

ABA MED GROUP will provide all patients equal access to healthcare services. ABA MED GROUP prohibits discrimination against patients based on race, color, religion, sex (including pregnancy), sexual orientation, gender identity, genetic information, national origin, age, disability, marital status, familial status, or other protected classification. ABA MED GROUP also prohibits retaliation against any individual who files a complaint or participates in the investigation of a complaint filed under one or more of the aforementioned prohibitions.

This policy applies to staff and other paid or non-paid classifications of workers who perform work for ABA MED GROUP.

DEFINITIONS

“Discrimination” or “to discriminate”

Shall mean to treat someone differently or less favorably based on one or more of the following protected classifications: race, color, religion, sex (including pregnancy and sexual harassment), sexual orientation, gender identity, genetic information, national origin, age, disability, marital status, familial status, or other protected classification.

“Disability”

Shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Included in the definition are individuals who have a record of such an impairment or are regarded as having such an impairment.

“Harassment”

Shall mean unwelcomed conduct (whether verbal or physical) that is based on race, color, religion, sex (including pregnancy and sexual harassment), sexual orientation, gender identity, genetic information, national origin, age, disability, marital status, familial status, or other protected classification and creates an environment that would be intimidating, hostile, or offensive to a reasonable person.

Such harassing behavior may include but is not limited to:

Offensive jokes
Slurs, epithets, or name-calling
Physical assaults or threats
Intimidation
Ridicule or mockery
Insults
Offensive objects or pictures
Any conduct or behavior that interferes with services provided in the healthcare environment

“Retaliation”

Shall mean any adverse action taken against an individual for making a good faith complaint of employment discrimination or participating in any investigation or proceeding concerning a complaint of employment discrimination.

Retaliation includes threatening, intimidating, harassing, or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy.

GUIDELINES

RESPONSIBILITY

ABA MED GROUP is committed to enforcing this policy, and each ABA MED GROUP employee is individually responsible for compliance with these guidelines.

ABA MED GROUP’S OFFICE OF PATIENT EXPERIENCE AND COMPLAINT PROCEDURES

The President is responsible for ensuring patients have access to the services they need. In addition, the President is responsible for the intake and investigation of patient complaints and coordinating efforts to resolve the matter.

COMMUNICATION AND TRAINING

Training

Individuals who perform work for ABA MED GROUP and who interact with patients shall be provided training regarding the Patient Non-Discrimination Policy during new worker orientation and through recurring (annual or biennial) training thereafter.

Communication to Patients

The policy shall be made available on ABA MED GROUP’S website to all patients, and information about the policy shall be posted in all patient care areas, waiting areas, and entrances where healthcare services are provided.

Communication Considerations

ABA MED GROUP provides effective alternate means of communicating patient rights and responsibilities to patients, guardians, and families in a manner appropriate to their age, understanding, ability, and language preference.

This may include:

Having rights and responsibilities read aloud
Providing language interpretation services
Providing American Sign Language (ASL) interpreter services at no cost to the patient

Additional auxiliary aids for the hearing impaired are also made available, including:

Text Telephone (TTY)
Telecommunications Device for the Deaf (TDD)
Written materials
Telephone handset amplifiers
Assistive listening devices
Television closed captioning
Writing tablets

Accessibility for Persons with Disabilities

ABA MED GROUP shall inform patients of the availability of, and make reasonable accommodations for, patients in accordance with federal, state, and local laws.

VIOLATIONS

Individuals affiliated with ABA MED GROUP who are determined to have violated this policy shall be subject to disciplinary action up to and including separation from ABA MED GROUP.

Violations include, but are not limited to:

Engaging in discriminatory or retaliatory conduct toward any individual covered under this policy
Intentionally engaging in factual misrepresentations during an investigation
Failing to cooperate in an investigation when called as a witness or respondent
Promoting or enabling discriminatory or retaliatory conduct by others toward a patient or other covered individual

POLICY INTERPRETATION; COMPLIANCE WITH NONDISCRIMINATION LAWS AND RELATED REGULATIONS; AMENDMENT

This policy and the guidelines described above shall be interpreted consistently with federal, state, and local non-discrimination laws, guidance, and administrative regulations issued by the Office for Civil Rights and other appropriate governmental agencies, as well as any interpretative case law.

Amendments to this policy warranted by changes in the law may occur from time to time. In such cases, individuals shall be advised of any substantive and material amendments to this policy.

Individuals who are not satisfied with an internal resolution of their complaint may file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights:

CIVIL RIGHTS

Terms and Conditions – Website

These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by ABA MED GROUP, its subsidiaries, divisions, and affiliates (“ABA MED GROUP affiliates”).

ABA MED GROUP offers the Service, including all information, tools, services, goods, and products available through the Service, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference.

Please read these Terms carefully before using our Service or making any transaction, order, schedule, booking, or purchase. By using the Service in any manner, you acknowledge and accept that you have read and understood these Terms and agree to be bound by them.

Important Notice

ABA MED GROUP DOES NOT PROVIDE EMERGENCY SERVICES OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.

Changes to Terms

ABA MED GROUP may change these Terms at any time at its sole discretion. Any changes will become effective immediately upon posting on the Service. Continued use of the Service constitutes acceptance of any updated Terms.

Eligibility

By using the Service, you represent that:

You are at least the age of majority in your jurisdiction, or
You have obtained parental or guardian consent

The Service is not intended for individuals under eighteen years of age.

Third-Party Contractors and Clients

The Service may connect individuals seeking services (“Clients”) with independent third-party contractors (“Third Party Contractors”).

Third Party Contractors are not employees of ABA MED GROUP.

ABA MED GROUP only provides a platform for enabling these connections and does not assume responsibility for acts or omissions of Third Party Contractors or Clients, including but not limited to:

Property damage
Theft
Bodily injury
Intentional misconduct

Any reliance on recommendations or information provided by Third Party Contractors is solely at your own risk.

Ownership of Service

All content available through the Service, including:

Text
Graphics
Logos
Icons
Images
Audio clips
Downloads
Code
Software
Trademarks
Service marks

…is proprietary and owned or controlled by ABA MED GROUP, its licensors, or third parties.

You are granted a limited, revocable, non-transferable license for personal, non-commercial use only.

You may NOT:

Copy or reproduce content
Modify content
Reverse engineer software
Remove proprietary notices
Use content for commercial purposes
Infringe upon intellectual property rights

Acceptable Use

You may use the Service only for lawful purposes.

You shall not:

Send spam or unsolicited messages
Transmit unlawful or harmful content
Upload malicious software or viruses
Disrupt the Service or related systems

ABA MED GROUP reserves the right to revoke access at its sole discretion.

User Content

If you submit comments, reviews, or other content (“User Content”), you grant ABA MED GROUP a perpetual, worldwide, royalty-free license to use such content without compensation.

User Content may remain stored even after account termination.

Mobile Application License

If accessing through a mobile application, ABA MED GROUP grants a limited, non-exclusive, revocable license to use the application in accordance with these Terms.

You agree not to:

Reverse engineer the application
Create derivative works
Use the application unlawfully
Use the application for competing services

Disclaimer and Limitation of Liability

THE SERVICE AND ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.

ABA MED GROUP DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT

ABA MED GROUP SHALL NOT BE LIABLE FOR:

Indirect damages
Consequential damages
Loss of profits
Loss of data
Security breaches
Unauthorized access
Any damages resulting from use of the Service

Your sole remedy is to discontinue use of the Service.

Indemnification

You agree to indemnify and hold harmless ABA MED GROUP, its officers, employees, directors, and agents from any claims, liabilities, damages, costs, or expenses arising from:

Your use of the Service
Violation of these Terms
Acts or omissions of other users

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials.

You agree to:

Provide accurate information
Notify ABA MED GROUP immediately of unauthorized use
Maintain updated contact information

For account security concerns, contact: 786-620-5404

Links to Other Websites

The Service may contain links to third-party websites (“Linked Sites”).

ABA MED GROUP:

Does not control Linked Sites
Is not responsible for their content
Does not endorse third-party products or services

Use of Linked Sites is at your own risk.

Third-Party Applications

Use of any third-party application connected to the Service is entirely at your own risk.

ABA MED GROUP makes no warranties regarding third-party services or applications.

Payment Terms and Fees

Certain features may require payment of fees.

All fees:

Are due immediately
Are non-refundable unless otherwise stated
May change at any time with notice

Additional policies:

Cancellations within 24 hours may incur a $25 fee
No-show appointments may incur fees between $20–$80 depending on services requested

Promotions and discounts may be modified or discontinued at any time.

Payment Processing

Payments may be processed through third-party payment services.

While commercially reasonable security measures are used, ABA MED GROUP is not liable for damages resulting from unauthorized access to payment information.

Termination and Suspension

ABA MED GROUP may suspend or terminate access to the Service at any time for:

Violation of these Terms
Unlawful behavior
Inappropriate conduct

Termination does not waive enforceability of these Terms.

Modifications to the Service

ABA MED GROUP reserves the right to:

Modify
Improve
Suspend
Discontinue

…the Service at any time without notice.

Arbitration

Any disputes between you and ABA MED GROUP shall be resolved through binding arbitration rather than court proceedings, except for matters involving intellectual property rights.

Arbitration shall:

Be administered by JAMS
Take place in Miami-Dade County, Florida
Be confidential and binding

Governing Law

These Terms are governed by the laws of the State of Florida.

Any legal proceedings shall occur in Miami-Dade County, Florida.

Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in effect.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ABA MED GROUP regarding the Service.

Questions and Contact Information

If you have any questions regarding these Terms, please contact:

ABA MED GROUP
Phone:305-456-1766