FLAGLER HEALTH+ ANYWHERE PRIVACY POLICY

Last modified: April, 2021

1. Introduction

THIS PRIVACY POLICY DESCRIBES HOW FLAGLER COLLECTS AND USES PERSONAL DATA ABOUT YOU THROUGH THE USE OF OUR WEBSITE, MOBILE APPLICATIONS, AND THROUGH EMAIL, TEXT, AND OTHER ELECTRONIC COMMUNICATIONS BETWEEN YOU AND FLAGLER, INC.

Flagler Hospital Inc. d/b/a Flagler Health+ (“Flagler,” or “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website www.appflaglerhealthanywhere.com (our “Website”) and the Flagler Health+ Anywhere mobile application (our “App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

· on our Website and App;

· in email, text, and other electronic messages between you and our Website and App;

· when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

· us offline or through any other means, including on any other website operated by Flagler or any third party;

· any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or App.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website and Apps. By accessing or using our Website and/or App, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or App after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

Terms of Use. Your use of the Website and our App is governed by the Flagler Health+ Anywhere Terms of Use available on our Website and the App.

HIPAA Privacy. Please review our Notices of Privacy Practices at the end of this Policy or provided separately to you by Flagler and/or your treating physician for additional information about how your health information is collected, used and shared. The telehealth services available to users through the Site (“Services”) are provided by Flagler affiliated physicians and independent physicians engaged by Flagler to assist with providing the Services. Please carefully review any other Notices of Privacy Practices or other privacy policies that your treating physicians and other health care providers make available to you.

2. Minors Under the Age of 18

Medical Treatment. Minors under the age of 18 may use the App or Website to access telehealth services only with the guidance, consent and approval of a parent or legal guardian, unless applicable law provides otherwise (e.g., emergencies and other legal exceptions).

Brave2Speak Features. Because we do not provide medical treatment through our Brave2Speak feature, minors under the age of 18 may use the Brave2Speak feature without the consent of a parent or legal guardian. If our Brave2Speak moderators recommend medical treatment, minors under the age of 18 will need the consent of a parent or legal guardian to obtain such treatment, unless applicable law provides otherwise (e.g., emergencies and other legal exceptions).

Adults. In order to access the Site and the Services, you represent and warrant that you are older than 18 years old.

3. Information We Collect About You and How We Collect It

WE COLLECT DIFFERENT TYPES OF INFORMATION ABOUT YOU, INCLUDING INFORMATION THAT MAY DIRECTLY IDENTIFY YOU, INFORMATION THAT IS ABOUT YOU BUT INDIVIDUALLY DOES NOT PERSONALLY IDENTIFY YOU, AND INFORMATION THAT WE COMBINE WITH OUR OTHER USERS. THIS INCLUDES INFORMATION THAT WE COLLECT DIRECTLY FROM YOU OR THROUGH AUTOMATED COLLECTION TECHNOLOGIES.

Generally

We collect several types of information from and about users of our Website and App, specifically information:

· by which you may be personally identified, such as name, postal address, billing address, shipping address, e-mail address, home, work, and mobile telephone numbers, driver’s license number (or other government identification number), date of birth, credit or debit card number (through a third-party payment processor solely for payment purposes), Social Security Number, your medical history, personal health information and related health information, and biometric information (including fingerprints) (“Personal Data”);

· Location Data, such as geographic, and geospatial data which can provide your real-time pinpoint location and general area where you are located (“Location Data”);

· that is about you but individually does not identify you, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website or use of our App, error information, clickstream data, and other communication data and the resources that you access and use on the Website or through our App;

· about your Internet connection, the equipment you use to access our Website or use our App and usage details;

· Personal Health Information or PHI that may form part of your care record could also be collected in Flagler. This could include information about your current health conditions, treatments, medicines, illnesses or allergies, symptoms, vitals, names of your health or social service providers or other patient reported information and health goals; and,

· Device Data information from your medical devices or fitness trackers.

We collect this information:

· directly from you when you provide it to us;

· automatically as you navigate through the Website or use our App. Information collected automatically may include estimate or precise Location Data, usage details, IP addresses, and information collected through cookies and other tracking technologies; and

· From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website or through our App is:

· information that you provide by filling in forms on our Website or the App. This includes information provided at the time of registering to use our Website or App, using our Provider consultation services, medical treatment, purchasing products, or requesting further services. We may also ask you for information when you report a problem with our Website or App;

· records and copies of your correspondence (including email addresses), if you contact us; and

· details of transactions you carry out through our Website or through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or App.

Brave2Speak Feature. The Brave2Speak feature of our App is designed primarily for teenagers and other youth to access the Brave2Speak community features and chat with our moderators about their concerns. Brave2Speak does not constitute a doctor-patient relationship, a therapist-client relationship, a therapist-patient relationship, or a lawyer-client relationship. Brave2Speak is not intended for medical advice or treatment. Information and other communications available through Brave2Speak shall not be deemed or considered medical advice or treatment. Accordingly, any health information you provide through Brave2Speak will not be treated as or considered protected health information under HIPAA. Medical advice and treatment must be provided by our health care providers and our facilities or through the telehealth services available through our App.

You may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or App or transmitted to other users of the Website or App or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website and App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

· Site Activity. Details of your visits to our Website or App, such as traffic data, Location Data, logs, referring/exit pages, date and time of your visit to our Website or use of our App, error information, session replay and recording data, browsing activity, clickstream data, and other communication data and the resources that you access and use on the Website or in the App;

· Location and Appointment Data. Our Site uses Location Data to prompt users to check in for scheduled services when they are near their service location. Prior to our use of location data, users need to consent and can opt out at any time. And

· System and Device Data. Information about your computer, mobile device, and Internet connection, specifically your IP address, operating system, browser type, and App version information.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and App and to deliver a better and more personalized service by enabling us to:

· estimate our audience size and usage patterns;

· store information about your preferences, allowing us to customize our Website and our App according to your individual interests;

· recognize you and your location to provide you with appointment data when you return to our Website and our App.

The technologies we use for this automatic data collection may include:

· Cookies (or browser cookies). We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website and App through your computer or mobile device. A cookie is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our Website or use certain parts of our App. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or use our App.

· Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

· Global Positioning System. Your device may be equipped with Global Positioning System (“GPS”) capabilities. Unless you have turned off this feature, either in our App or on your device, we may use this technology to gather Location Data.

· Cell ID. Many mobile carriers use Cell ID and your device’s connection with local data towers to determine your device’s precise location. Unless you have turned off this feature, either in our App or on your device, we may use this technology to gather Location Data.

4. How We Use Your Information

WE USE YOUR PERSONAL DATA FOR VARIOUS PURPOSES DESCRIBED BELOW, INCLUDING TO:

· PROVIDE OUR WEBSITE OR APP TO YOU;

· PROVIDE PRODUCTS AND SERVICES TO YOU;

· PROVIDE YOU WITH INFORMATION YOU REQUEST FROM US;

· ENFORCE OUR RIGHTS ARISING FROM CONTRACTS;

· NOTIFY YOU ABOUT CHANGES; AND

· PROVIDE YOU WITH NOTICES ABOUT YOUR ACCOUNT.

We use information that we collect about you or that you provide to us, including any Personal Data to:

· Present our Website and its contents to you;

· Present our App;

· Provide our products and services to you;

· Provide you with information, products, or services that you request from us or that may be of interest to you;

· Enable your health and social service providers also using Flagler to better provide you with those health or social services;

· Enable your family circle and circle of care to be better informed and engaged on your health and wellbeing to better provide you support;

· Process, fulfill, support, and administer transactions and orders for products and services ordered by you;

· Provide you with notices about your Flagler account;

· Contact you in response to a request;

· Fulfill any other purpose for which you provide it;

· Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

· Notify you about changes to our Website, our App, or any products or services we offer or provide though them;

· In any other way we may describe when you provide the information; and

· For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications or by visiting your Account Preferences page. For more information, see Choices About How We Use and Disclose Your Information.

There are several ways you can use the App and our Website to help accomplish your health goals:

(1) Health Communities: We enable people to join Health Communities, where they can participate with others to share health information, their own personal health experiences and other information online using Flagler. By doing this, the platform provides support, aids self-management, and improves interactions with professionals; all with the aim of improving day-to-day health and well-being.

When a user posts, comments or replies in our Health Communities they are identified only by their chosen username. A user selects a user-name upon registration and can change it in their profile setting at any time using Flagler. If a user wishes to remain anonymous for postings in Health Communities, we suggest that they choose a username that does not identify them.

(2) Secure Messaging: The purpose of the Secure Messaging is to message with other users in Flagler about a patient’s health and well-being including the provision or coordination of particular health or social service. Users accessing the Secure Messaging can be the patient, but could include the patient’s caregivers, family members or the patient’s associated health and social service professionals. All the information used in the Secure Messaging is restricted and can only be seen and accessed by the patient’s authorized health and social service providers or those caregivers or family members invited to participate in a patient’s “Circle of Care”.

The Secure Messaging can also send patients or their caregivers surveys to collect information. These surveys are typically used to track symptoms, vital signs, wellbeing questions or patient satisfaction or quality of service information. The messaging and surveys can collect Personal Identifier Information “PII” and Personal Health information “PHI” or both.

The patient, or their caregiver, (if the patient has provided consent to allow the caregiver access), controls who has access to the patient’s Circle of Care. This access can be changed/removed by the Patient or Caregiver at any time by using Flagler.

When using the Secure Messaging you understand that you are allowing your Circle of Care to view your PII and PHI as it is included in the messaging or surveys you are part of. If you are not comfortable sharing your PII or PHI with your “Circle of Care” do not use Flagler Secure Messaging or restrict your messaging or responses to only information you wish to share.

We strongly believe that using Flagler Health+ Anywhere to connect to others with similar health issues and integrating your health and social services can greatly improve a person’s health, and wellbeing but this may necessarily involve sharing sensitive information about your health and treatment. Therefore, we want to share the clear and transparent privacy guidelines we use to enable you to understand what we do and how we protect your information and how you can control what happens to information you share on Flagler Health+ Anywhere.

5. Disclosure of Your Information

WE DO NOT SHARE, SELL, OR OTHERWISE DISCLOSE YOUR PERSONAL DATA FOR PURPOSES OTHER THAN THOSE OUTLINED IN THIS PRIVACY POLICY. WE DISCLOSE YOUR PERSONAL DATA TO A FEW THIRD PARTIES, INCLUDING:

· OUR AFFILIATES AND THIRD PARTY SERVICE PROVIDERS THAT WE USE TO SUPPORT OUR BUSINESS;

· TO A COMPANY WE MERGE, ACQUIRE, OR THAT BUYS US, OR IN THE EVENT OF CHANGE IN STRUCTURE OF OUR COMPANY OF ANY FORM;

· TO COMPLY WITH OUR LEGAL OBLIGATIONS;

· TO AFFILIATES AND THIRD PARTIES FOR THEIR OWN COMMERCIAL PURPOSES;

· TO ENFORCE OUR RIGHTS; AND

· WITH YOUR CONSENT.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this privacy policy:

· When we have your permission to enable your health and social service providers also using Flagler to better provide you with those health or social services.

· When we have your permission to enable your family circle and circle of care to be better informed and engaged on your health and wellbeing to better provide you support.

· When we have your permission, including when you choose to share information by posting to our Health Communities, messaging in chats or using the Secure Messaging to message with your Circle of Care.

· With trusted partners who work on behalf of or with Flagler to provide us with certain services. We share encrypted information with our data storage provider, Amazon Web Services. They may use your personal information to perform services and to help Flagler communicate with you. For any other provider, Flagler will maintain contracts with any company restricting their access, use and disclosure of personal information in compliance with this Privacy Policy and any legal obligations.

· With affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, and ordering, marketing, and payment processing services.

· With a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Flagler about our Website and App users are among the assets transferred.

· To fulfill the purpose for which you provide it.

· For any other purpose disclosed by us when you provide the information.

· With your consent.

We may also disclose your Personal Data:

· to comply with any court order, law, or legal process, including to respond to any government or regulatory request;

· to affiliates and third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;

· to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and

· if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Flagler, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6. Choices About How We Use and Disclose Your Information

WE OFFER YOU CHOICES ON HOW YOU CAN OPT OUT OF OUR USE OF TRACKING TECHNOLOGY, DISCLOSURE OF YOUR PERSONAL DATA FOR OUR ADVERTISING TO YOU, AND OTHER TARGETED ADVERTISING.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

· Opt-Out. Our App and Website permit you to "opt-out". You may contact us at 1-904-819-5155, at any time to let us know that you no longer wish to participate in any Flagler Health+ Anywhere service, or receive further emails or for transactions. If you opt-out, we may still send you transactional emails. Transactional emails include emails about your account and our business dealings with you, such as renewals and updates, and, as allowed by applicable law.

· Cookies. When you use our website, you can usually choose to set your browser to remove cookies and to reject cookies from our servers, if we collect information from you. If you choose to remove or reject cookies, this could affect certain features or services of our website. For information about how to remove or manage cookies please read our Cookie Policy.

· Access to and Correction of Your Information. You may have the right, depending on which country you reside in, to ask us to provide a copy of the personal information we hold about you (provided that we may ask you for a few forms of proof of your identity). You may also have the right to ask us to correct any inaccuracies in your personal information or to ask us to delete it. We will always consider and act upon these requests regardless of where you live.

· Tracking Technologies and Advertising. You can set your browser or operating to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website or App may then be inaccessible or not function properly

· Promotional Offers from Flagler. If you do not wish to have your email address used by Flagler to promote our own products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us or logging onto your Account Preferences page. This opt out does not apply to information provided to Flagler as a result of a product purchase, or your use of our services.

· Disclosure of Your Information to Affiliates and Third Parties. By using our Website and App, you consent to our sharing of your Personal Data with our affiliates and third parties for their promotional purposes. If you wish to unsubscribe from such affiliate and third parties’ promotions, you can do so by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from them.

· Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

7. Your Rights Regarding Your Information and Accessing and Correcting Your Information

YOU MAY REVIEW AND CHANGE YOUR PERSONAL INFORMATION BY LOGGING INTO THE APP OR WEBSITE AND VISITING YOUR ACCOUNT PREFERENCES PAGE.

You can review and change your Personal Data by logging into our Website or App and visiting either the Settings or Account Preferences sections of our App or Website. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

8. Do Not Track Signals

WE CURRENTLY DO NOT USE AUTOMATED DATA COLLECTION TECHNOLOGIES TO TRACK YOU ACROSS WEBSITES. WE CURRENTLY DO NOT HONOR DO-NOT-TRACK SIGNALS THAT MAY BE SENT BY SOME BROWSERS.

Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals, but we currently do not use automated data collection technologies to collect information about your online activities over time and across third party websites or other online services (behavioral advertising).

9. Data Security

INFORMATION TRANSMITTED OVER THE INTERNET IS NOT COMPLETELY SECURE, BUT WE DO OUR BEST TO PROTECT YOUR PERSONAL DATA. YOU CAN HELP PROTECT YOUR PERSONAL DATA AND OTHER INFORMATION BY KEEPING YOUR PASSWORD TO OUR WEBSITE CONFIDENTIAL.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Website or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website or on or through our App. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, in your operating system, or in the App.

10. California Privacy Rights

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Website that are California residents and who provide Personal Data in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Data to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared your Personal Data with for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding such activities in 2019). You may request this information once per calendar year. To make such a request, please contact us using the Contact Information below.

11. Changes to Our Privacy Policy

WE WILL POST ANY CHANGES TO OUR PRIVACY POLICY ON OUR WEBSITE. IF WE MAKE MATERIAL CHANGES TO OUR PRIVACY POLICY, WE MAY NOTIFY YOU OF SUCH CHANGES THROUGH YOUR CONTACT INFORMATION AND INVITE YOU TO REVIEW (AND ACCEPT, IF NECESSARY) THE CHANGES.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s home page or the App’s home screen. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Website’s home page or the App’s home screen. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing the App or visiting our Website and reviewing this Privacy Policy to check for any changes.

12. Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on our Website or in the App.

How to Contact Us:

400 Health Park Blvd. | St. Augustine, FL 32086

Telephone: 1-904-819-5155

Email: patientfeedback@flaglerhospital.org

FLAGLER HOSPITAL NOTICE OF PRIVACY PRACTICES

This notice describes how medical information about you may be used and disclosed by Flagler Hospital, and how you can get access to this information. Please review it carefully.

1. OUR PLEDGE REGARDING MEDICAL INFORMATION

We understand that information about you and your health is personal. We are committed to protecting that medical information. We create a record of the care and services you receive to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care generated by Flagler Hospital, whether made by our employees or your personal physician. Also included are staff and contracted physician services such as, but not limited to, emergency department physicians, pathologists, anesthesiologists, radiologists, hospitalists, physicians who interpret tests, and all other members of the medical staff when seeing or treating patients in our facilities. These individuals, entities and facilities may share medical information with each other for treatment, payment or hospital operations purposes described in this notice. Such independent providers may, however, have different policies or notices regarding their use and disclosure of medical information maintained by them concerning care or treatment rendered to you outside of Flagler Hospital. Please note that such independent providers are neither employees nor agents of Flagler Hospital, but are joined under this Notice for the convenience of explaining to you your rights relating to the privacy of medical information about you concerning care or treatment rendered to you at Flagler Hospital.

This notice tells you about the ways in which we may use and disclose information about you. It also describes your rights and certain obligations we have regarding the use and disclosure of medical information. We are required by law to: make sure that health-related information that identifies you is kept private; give you this notice of our legal duties and privacy practices with respect to medical information about you; follow the terms of the notice that is currently in effect and notify you following a breach of unsecured protected health information.

2. HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU

The following categories describe the ways that we use and disclose health-related information. For each category of use or disclosure, we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

For Treatment

We may use and disclose your information to provide you with medical treatment and to coordinate or manage your health care and related services. For example, we may use and disclose information about you to physicians, nurses, technicians, medical students, family members, clergy, or others who are involved in your care. We may use and disclose medical information about you when you need prescription, lab work X-rays or other healthcare services, or when referring you to another healthcare provider.

For Payment

We may use and disclose information about you so the treatment and services you receive can be billed to and payment may be collected from you, an insurance company or a third party. (For example, we may need to give your health plan information about surgery you received so your health plan will pay us or reimburse you for the surgery.) We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.

For Healthcare Operations

We may use and disclose information about you for normal hospital operations. These uses and disclosures are necessary to run the facility and make sure that all of our patients receive quality care. (For example, in the course of quality assurance and utilization review activities, we may use medical information to review our treatment and services and to evaluate the performance of our staff in caring for you). We may disclose medical information to business associates who provide contracted services such as accounting, legal representation, claims processing, quality assurance, accreditation, and consulting. If we do disclose medical information to a business associate, we will do so subject to a contract that provides that the information will be kept confidential. We may also combine medical information about patients to decide what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose information to physicians, nurses, technicians, medical students,

and other personnel for review and learning purposes. We may also combine the medical information we have with medical information from other facilities to compare how we are doing and see where we can make improvements in the care and services we offer. We may remove information that identifies you from this set of medical information so others may use it to study healthcare and healthcare delivery without learning who the specific patients are.

Appointment Reminders

We may use and disclose information to contact you as a reminder that you have an appointment for treatment

Follow-Up Phone Calls

As part of your treatment plan, there may be times that you will be contacted by Flagler Hospital staff via telephone after you have had service. Examples include: (1) a follow-up phone call after discharge from the hospital to answer any questions from the patient or family or to determine that the patient is recovering appropriately; (2) a phone call to address patient satisfaction issues; or (3) a phone

call to provide additional education or guidance to the patient on a particular topic related to their hospital stay. Such phone calls will be limited in number and are meant to ensure optimum recovery, patient satisfaction and education.

Treatment Alternatives and Health-Related Benefits and Services

We may use and disclose information to recommend or tell you about treatment alternatives and health-related benefits or services that may be of interest to you.

Hospital Directory

We will include certain limited information about you in the hospital directory if you are assigned a bed in one of our hospitals. This information may include your name, location in the hospital, general condition (fair, good, etc.) and religious affiliation. The directory information, except for your religious affiliation, may be released to people who ask for you by name. This is so your family, friends and clergy can visit you in the hospital and generally know how you are doing. (This does not apply to behavioral health patients.) Your religious affiliation may be given to a member of the clergy, such as a priest or rabbi, even if they don’t ask for you by name. If you do not wish to have this information included in the hospital directory, notify registration personnel. (A request not to be included in the hospital directory must be made for each visit.)

Individuals Involved in Your Care or Payment for Your Care

Unless you object, we may release information about you to a friend or family member who is involved in or helps pay for your medical care. We may also tell your family or friends your general condition and that you are in the hospital. In addition, we may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status and location.

Research

Under certain circumstances, we may use and disclose information about you for research purposes. For example, Flagler Hospital may disclose information about you to a researcher pursuant to an institutional review board or privacy board approved protocol or retrospective review request that has been determined to pose minimal risk to your privacy.

Service Excellence

We may follow-up your visit with us by sending to the address listed in your records a brief written survey about your satisfaction with the level of service provided to you. In some cases, the survey may be conducted by telephone or e-mail using the contact information listed in your medical record. In some instances, your name may be passed on to members of the service excellence team to investigate a complaint or corroborate an incident.

Fundraising

We may use medical information about you to contact you in an effort to raise money for the hospital and its operations. We may disclose health information to a foundation related to the hospital so that they may contact you in raising money for the hospital. We would only release contact information, such as your name, address and phone number and the dates that you received treatment or services from the hospital. If you do not want the hospital to contact you for fundraising efforts, please notify the Flagler Hospital Foundation at 904-819-4626.

As Required By Law

We will disclose information about you when required to do so by federal, state or local law. To Prevent a Serious Threat to Health or Safety

We may use and disclose 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. Disclosures would only be to someone able to help prevent the threat.

3. SPECIAL SITUATIONS

Organ and Tissue Donation

If you are an organ donor, we may release information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank to facilitate organ or tissue donation and transplantation.

Military and Veterans

If you are a member of the armed forces, we may release information about you as required by military authorities. We may also release information about foreign military personnel to the appropriate foreign military authority.

Workers’ Compensation

We may release information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.

Public Health

We will disclose information about you for public health activities as required by law. These activities generally include the following:

(a) to prevent or control disease, injury or disability; (b) to report births and deaths; (c) to report child abuse or neglect; (d) to report reactions to medications or problems with products; (e) to notify people of recalls of products they may be using; (f) to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and (g) to notify the appropriate government authority if we believe you have been the victim of abuse, neglect or domestic violence.

Health Oversight Activities

We will disclose information to a health oversight agency for activities authorized by law. These oversight activities include: audits, investigations, inspections, and licensure that are necessary for the government to monitor the healthcare system, government programs, and compliance with applicable laws.

Lawsuits and Disputes

If you are involved in a lawsuit or a dispute, we may disclose information about you in response to a court or administrative order.

We may also disclose information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if we are assured that reasonable efforts have been made to tell you about the request or to obtain an order protecting the information requested.

Law Enforcement

We may release information if asked to do so by a law enforcement official: (a) in response to a court order, subpoena, warrant, summons or similar process; (b) to identify or locate a suspect, fugitive, material witness, or missing person; (c) about the victim of a crime if, under certain limited circumstances, we are unable to obtain the patient agreement; (d) about a death we believe may be the result of criminal conduct; (e) about criminal conduct at the hospital; and (f) in emergency circumstances to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.

Coroners, Medical Examiners and Funeral Directors

We will release information to a coroner or medical examiner to identify a deceased person or determine the cause of death. We will also release information to funeral directors as necessary to carry out their duties.

National Security and Intelligence Activities

We may release information about you to authorized federal officials for intelligence, counterintelligence and other national security activities authorized by law.

Protective Services for the President of the United States and Others

We may disclose information about you to authorized Federal officials so they may conduct special investigations and provide protection to the President or other officials and dignitaries.

Inmates

If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release information about you to the correctional institution or law enforcement official to provide you with healthcare, to protect your and other’s health and safety, or for the safety and security of the correctional institution.

4. YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU

You have the following rights regarding the medical information we maintain about you:

Right to Inspect and Copy

You have the right to inspect and obtain copies of medical information that may be used to make decisions about your care. (Usually, this includes medical and billing records but does not include psychotherapy notes). To inspect and obtain a copy of medical information that may be used to make decisions about you, you must appear in person or submit your request in writing to: Flagler Hospital, Release of Information, 400 Health Park Blvd, St. Augustine, Florida 32086. If you request a copy of the information, we may charge a fee for the costs of copying, mailing, labor, electronic media or other supplies associated with your request. We may deny your request to inspect and obtain a copy of your medical information in certain limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Another licensed healthcare professional chosen by the hospital will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review. You also have the right to request an electronic copy of your medical information.

Right to Amend

If you feel that medical information we have about you is incorrect or incomplete; you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for Flagler Hospital. To request an amendment, your request must be made in writing and submitted to Flagler Hospital, Health Information Management, 400 Health Park Blvd, St. Augustine, Florida 32086. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: (a) was not created by us, unless the person or entity that created the information is no longer available to make the amendment; (b) is not part of the medical information kept by or for the hospital; (c) is not part of the information which you would be permitted to inspect and copy; or (d) is accurate and complete.

Right to an Accounting of Disclosures

You have the right to request an accounting (list) of certain types of disclosures we have made of medical information about you. We are not required to account for certain disclosures such as: (a) disclosures you authorize; (b) disclosures to carry out treatment, payment and healthcare operations; and (c) disclosures to persons involved in your care. To request an accounting of disclosures, you must submit your request in writing to: Flagler Hospital, Release of Information, 400 Health Park Blvd, St. Augustine, Florida 32086. Your request must state a time period, which may not be longer than six years.

Right to Request Restrictions

You have the right to request a restriction or limitation on our use or disclosure of information about you for treatment, payment or healthcare operations. You also have the right to request a limit on the information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery you had to a particular family member. If you (or another person on your behalf) pays in full at the time of admission for a specific health care item or service, you have the right to request that information with respect to that item or service not be disclosed to your health plan for purposes of payment or health care operations, and we will honor that request unless the disclosure is otherwise required by law. To request restrictions, you must make your request in writing to Flagler Hospital’s Privacy Officer, Health Information Department, 400 Health Park Blvd, St. Augustine, Florida 32086. We will reply to you within 60 days. 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 with emergency treatment.

Right to Request Confidential Communications

You have the right to request that we communicate with you in a certain way or at a certain location. (For example, you can ask that we only contact you at work or by mail.) If you want to request confidential communication, contact a Registration or Billing Office representative, Monday through Friday during regular business hours and/or during the registration process. We will not ask the reason for your request. We will accommodate all reasonable requests. Your request must include the address and/or telephone number where you want to be contacted.

Right to a Paper Copy of This Notice

You have the right to a paper copy of this notice any time. You may obtain a copy of this notice at our website, www.FlaglerHospital.org or at any admission/registration center.

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 medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice in various locations indicating the effective date. Revised copies of this notice will be provided upon request.

6. FOR MORE INFORMATION OR TO REPORT A PROBLEM

If you have questions and would like additional information, you may contact the Director of Health Information/Privacy Officer at 904-819-4410. If you believe your privacy rights have been violated, you may file a complaint with the facility or with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with the facility, contact Flagler Hospital, Attn: Risk Manager,

400 Health Park Blvd, St. Augustine, Florida 32086. We request that you file your complaint in writing so that we may better assist in the investigation of your compliant. You will not be penalized for filing a complaint.

7. OTHER USES OF MEDICAL INFORMATION

Other uses and disclosures of information not covered by this notice or the laws that apply to us will be made only with your written permission. These include most uses and disclosures of psychotherapy notes, most uses and disclosures for marketing purposes and disclosures for which we receive remuneration in exchange for your information. If you provide us permission to use or disclose 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 information about you for the reasons covered by your written 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 care that we provided to you.

Notified of a Breach - Flagler Hospital is required by law to maintain the privacy of protected health information and provide you with notice of its legal duties and privacy practices with respect to protected health information and to notify you following a breach of unsecured protected health information.

Effective date: January 2003

Revised: September 2013

FLAGLER PROFESSIONAL HEALTH CARE SERVICES

NOTICE OF PRIVACY PRACTICES

This notice describes how medical information about you may be used and disclosed by Flagler Professional Health Care Services (our ambulatory and physician office practices) and how you can get access to this information. Please review it carefully.

1. HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU

For Treatment

For Payment

We may use and disclose information about you so the treatment and services you receive can be billed to and payment may be collected from you, an insurance company or a third party. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.

For Healthcare Operations

We may use and disclose information about you for normal health care operations. These uses and disclosures are necessary to run the facility and make sure that all of our patients receive quality care. (For example, in the course of quality assurance and utilization review activities, we may use medical information to review our treatment and services and to evaluate the performance of our staff in caring for you). We may disclose medical information to business associates who provide contracted services such as accounting, legal representation, claims processing, quality assurance, accreditation, and consulting. If we do disclose medical information to a business associate, we will do so subject to a contract that provides that the information will be kept confidential. We may also combine medical information about patients to decide what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose information to physicians, nurses, technicians, medical students, and other personnel for review and learning purposes. We may also combine the medical information we have with medical information from other facilities to compare how we are doing and see where we can make improvements in the care and services we offer. We may remove information that identifies you from this set of medical information so others may use it to study healthcare and healthcare delivery without learning who the specific patients are.

Appointment Reminders

We may use and disclose information to contact you as a reminder that you have an appointment for treatment.

Follow-Up Phone Calls

As part of your treatment plan, there may be times that you will be contacted by staff members via telephone after your visit.

Treatment Alternatives and Health-Related Benefits and Services

We may use and disclose information to recommend or tell you about treatment alternatives and health-related benefits or services that may be of interest to you.

Individuals Involved in Your Care or Payment for Your Care

Unless you object, we may release information about you to a friend or family member that is involved in or that helps pay for your medical care.

Research

Under certain circumstances, we may use and disclose information about you for research purposes. For example, we may disclose information about you to a researcher pursuant to an institutional review board or privacy board approved protocol or retrospective review request that has been determined to pose minimal risk to your privacy.

Service Excellence

Fundraising

We may contact you for fundraising efforts, but you can tell us not to contact you again.

As Required By Law

We will share information about you if state or federal laws require it.

Organ and Tissue Donation

Military and Veterans

Workers’ Compensation

We may release information about you for workers’ compensation or similar programs.

Public Health

We will disclose information about you for public health activities as required by law. These activities generally include the following:

Health Oversight Activities

We will disclose information to health oversight agencies for activities authorized by law. These oversight activities include: audits, investigations, inspections, and licensure that are necessary for the government to monitor the healthcare system, government programs, and compliance with applicable laws.

Lawsuits and Disputes

If you are involved in a lawsuit or a dispute, we may disclose information about you in response to a court or administrative order.

Law Enforcement

We may release information if asked to do so by a law enforcement official: (a) in response to a court order, subpoena, warrant, summons or similar process; (b) to identify or locate a suspect, fugitive, material witness, or missing person; (c) about the victim of a crime if, under certain limited circumstances, we are unable to obtain the patient agreement; (d) about a death we believe may be the result of criminal conduct; (e) about criminal conduct at one of our facilities; and (f) in emergency circumstances to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.

Coroners, Medical Examiners and Funeral Directors

National Security and Intelligence Activities

We may release information about you to authorized federal officials for intelligence, counterintelligence and other national security activities authorized by law.

Protective Services for the President of the United States and Others

We may disclose information about you to authorized Federal officials so they may conduct special investigations and provide protection to the President or other officials and dignitaries.

Inmates

3. YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU

You have the following rights regarding the medical information we maintain about you:

Right to Inspect and Copy

You have the right to inspect and obtain a copy of the medical information used to make decision on your care. To obtain an electronic or paper copy of your medical information go to the location of your service provider. We will provide a copy within 30 days of your request.

Right to Amend

If you feel that medical information we have about you is incorrect or incomplete; you may ask us to amend the information. To request an amendment go to the location of your service provider. We may deny your request but we will tell you why in writing within 60 days.

Right to an Accounting of Disclosures

Right to Request Restrictions

Right to 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. If you want to request confidential communication, go to the location of your service provider.

Right to a Paper Copy of This Notice

You have the right to a paper copy of this notice any time. You may obtain a copy of this notice by contacting us at the address or telephone number shown below under the section titled FOR MORE INFORMATION OR TO REPORT A PROBLEM.

4. CHANGES TO THIS NOTICE

5. FOR MORE INFORMATION OR TO REPORT A PROBLEM

If you have questions and would like additional information, you may contact the Privacy Officer for Flagler Hospital, Inc. d/b/a Flagler Health+ at 904-819-4410. If you believe your privacy rights have been violated, you may file a complaint with the facility or with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with the facility, contact Flagler Hospital, Attn: Patient Experience Department, 400 Health Park Blvd, St. Augustine, Florida 32086. We request that you file your complaint in writing so that we may better assist in the investigation of your compliant. You will not be penalized for filing a complaint.

6. OTHER USES OF MEDICAL INFORMATION

Notification of a Breach – We are is required by law to maintain the privacy of protected health information and provide you with notice of its legal duties and privacy practices with respect to protected health information and to notify you following a breach of unsecured protected health information.

Effective Date: July 1, 2019

Flagler Professional Health Care Services, Inc. is a wholly-owned subsidiary of Flagler Hospital, Inc. and does business in the State of Florida as Flagler Care Center; FCHV; Flagler Health+ Imaging; Flagler Health+ Pediatrics; Flagler Health+ Primary Care; Flagler Health+ Surgical Specialists; Flagler Health+ Urgent Care; and Flagler Health+ Urology Specialists.