Your Information. Your Rights. Our Responsibilities.
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.
You have the right to:
- Get a copy of your paper or electronic medical record
- Correct your paper or electronic medical record
- Request confidential communication
- Ask us to limit the information we share
- Get a list of those with whom we’ve shared your information
- Get a copy of this privacy notice
- Choose someone to act for you
- File a complaint if you believe your privacy rights have been violated
- You have some choices in the way that we use and share information as we:
- Tell family and friends about your condition
- Provide disaster relief
- Include you in a hospital directory
- Provide mental health care
- Market our services and sell your information
- Raise funds
Our Uses and Disclosures
We may use and share your information as we:
- Treat you
- Run our organization
- Bill for your services
- Help with public health and safety issues
- Do research
- Create new products or knowledge
- Comply with the law
- Respond to organ and tissue donation requests
- Work with a medical examiner or funeral director
- Address workers’ compensation, law enforcement, and other government requests
- Respond to lawsuits and legal actions
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
- You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
- You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
- We may say “no” to your request, but we’ll tell you why in writing within 60 days
Request confidential communications
- You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
- We will say “yes” to all reasonable requests.
Ask us to limit what we use or share
- You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
- If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
- You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
- We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
- If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
- We will make sure the person has this authority and can act for you before we take any action.
- File a complaint if you feel your rights are violated
- You can complain if you feel we have violated your rights by contacting us using the information on page 1.
- You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
- We will not retaliate against you for filing a complaint.
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
Share information with your family, close friends, or others involved in your care
- Share information in a disaster relief situation
- Include your information in a hospital directory
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
- Marketing purposes
- Sale of your information
- Most sharing of psychotherapy notes
In the case of fundraising or marketing efforts:
- We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways.
We can use your health information and share it with other professionals who are treating you.
Example: A doctor treating you for an injury asks another doctor about your overall health condition.
Run our organization
We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
We can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Help with public health and safety issues
- We can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect, or domestic violence
- Preventing or reducing a serious threat to anyone’s health or safety
We can use or share your information for health research.
Product or Knowledge development
We can use or share your information for developing new products or generating new knowledge.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
- For workers’ compensation claims
- For law enforcement purposes or with a law enforcement official
- With health oversight agencies for activities authorized by law
- For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
- We are required by law to maintain the privacy and security of your protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
- For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
We are HIPAA Complaint
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a United States law that regulates the collection and handling of “protected health information” (PHI). Certain organizations called “covered entities” and their business associates are required to comply with HIPAA.
We are “HIPAA-compliant”. This means that we offer a service that enables covered entities to collect and manage PHI through our services in a manner compliant with HIPAA. As part of offering this service, Moterum ensures that it operates in a way that is consistent and compatible with those laws and Moterum’s role as a business associate to a covered entity user.
If you are a Clinician, an agency supplying Clinicians, or third party agency registered with Moterum, Inc. you must enter into a Business Associate Agreement (BAA) with Moterum, Inc. to enable HIPAA-compliance features on your account or team. In accordance with our Terms & Conditions Moterum only permits PHI to be collected by regulated entities if it is done through a “HIPAA-enabled account” with a business associate agreement (BAA) in place.
Moterum’s Business Associate Agreement
Moterum offers a standard form BAA which meets the requirements of HIPAA and lets covered entities enter into it within their Moterum account. When a covered entity accepts the BAA, the name and title of the individual signing on behalf of the entity is recorded, along with the date of acceptance. A copy of the BAA is then made available for download or future reference through the My Account page. Upon acceptance of the BAA, an account will be converted into a HIPAA-enabled account.
We acknowledge that some covered entities have certain items they need to include in BAAs with their business associates. Due to the fact that we offer HIPAA-enabled accounts at no additional cost, we do not negotiate customer form BAAs.
HIPAA Security Measures that Moterum Employes
- As required by HIPAA, we implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that we receive, maintain, and transmit on behalf of covered entities with respect to their HIPAA-enabled accounts. These safeguards include measures required by the Security Rule, such as:
- Regular risk assessments of systems to ensure that safeguards remain relevant and effective
- Assigned security team which is responsible for maintaining compliance with HIPAA’s security requirements
- Screening, authorization, and training of Moterum staff who come into contact with customer PHI
- Data backup plans
- Disaster recovery plans
- Systems regularly monitored, updated, and patched
- Incident response plan that includes reporting of security incidents to affected covered entities
- All communications with Moterum servers encrypted with SSL
- For more information, see our Security Statement.
The following features required by HIPAA are activated on your account. These features help covered entities to comply with their own HIPAA obligations:
- Security reminders: We remind users of their HIPAA obligations with in-product messages that appear whenever they perform certain sensitive operations on PHI (such as exporting therapy data that could potentially be shared with third parties).
- Automatic logoff: We time out user sessions after 30 minutes of inactivity.
- BAA: View a copy of your BAA in your account at any time.
- Logging: We provide enhanced logging of account access activity and modifications to therapy data. We log a variety of events relating to HIPAA-enabled accounts by timestamp, identity (IP Address and/or account username), and event type. Event types that we log include:
- Account login successes and failures
- Account manual logouts
- Account password reset requests
- Account username requests
- Collector deletions, openings and closings
- Therapy response exports
- Therapy response sharing and unsharing
- Therapy response deletions
- API application authorizations and deauthorizations
- Transferring therapy to other accounts
- Whether the user or a Moterum admin performed the event
At the moment, we do not have a way by which you can access these logs through your online account. You may contact us to request logs.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our web site.