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PRIVACY

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Privacy

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NOTICE OF PRIVACY PRACTICES FOR PROTECTED HEALTH INFORMATION

*last updated 10-1-2008

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.

This Website is covered by the medical information privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (generally called “HIPAA”) and it’s Regulations. As a result, we are required to comply with HIPAA and the Regulations in the use and disclosure of health information by which our clients can be individually identified. This health information is referred to as “Protected Health Information” or “PHI”. We are also required under Section 164.520 to give our clients this notice (in paper or electronically) of our legal duties and privacy practices concerning their Protected Health Information, and also to tell our clients about their rights under HIPAA and the Regulations. USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION There are two categories for the use and disclosure of our clients’ Protected Health Information: (1) information that we can use and disclose without the client’s prior consent; and (2) information that we cannot use or disclose without the client’s prior authorization.

CLIENT’S PRIOR AUTHORIZATION REQUIRED

For purposes other than those mentioned below, we are required to ask for our clients’ written authorizations before using or disclosing any of their Protected Health Information. If we request an authorization, any of our clients may decline to agree, and if a client gives us an authorization, the client has the right to revoke the authorization and by doing so, stop any future uses and disclosures of the client’s health information that the authorization covered. An example of a situation where the client’s prior authorization would be required would be if we wish to conduct a marketing program that would involve the use of Protected Health Information.

CLIENTS’ PRIOR CONSENT NOT REQUIRED

(a). Release of Information to Authorized Representative. We are permitted to use and disclose our clients’ Protected Health Information in connection with their medical treatment in situations such as allowing a family member or other relative or a close personal friend or other person involved in the client’s health care to receive Protected Health Information that is directly related to the client’s care. In doing so, we are to use our professional judgment and experience with common practice in determining what is in the client’s best interest. Other examples include sending information about a client’s Protected Health Care Information to the client’s doctor or to a specialist who is treating the client or to a hospital where the client is receiving care, particularly if the client has suffered a health emergency...

(b). Payment. For clients covered by a pharmacy benefit plan, we are entitled to send Protected Health Care Information to the plan or to another business entity involved in our enrollment system.

(c). Health Care Operations. In addition, we can provide Protected Health Information for health care operations such as evaluations of the quality of our clients’ health care information in order to improve the success of our programs. Other examples include reviews of health care professionals, insurance premium rating, legal and auditing functions, and business planning

(d). Other Permitted Uses and Disclosures. There are a number of other specified purposes for which we may disclose a client’s Protected Health Information without the client's prior consent (but with certain restrictions). Examples include public health activities; situations where there may be abuse, neglect or domestic violence; in connection with health oversight activities; in the course of judicial or administrative proceedings; in response to law enforcement inquiries; in the event of death; where organ donations are involved; in support of research studies; where there is a serious threat to health and safety; in cases of military or veterans’ activities; where national security is involved; for determinations of medical suitability; for government programs for public benefit; for workers’ compensation proceedings; when our records are being audited; when medical emergencies occur; about generic drugs that may be appropriate for a client’s treatment, or about alternative therapies.

CLIENTS’ RIGHTS

HIPAA and the Regulations provide our clients with rights concerning their Protected Health Information. With limited exceptions (which are subject to review), each client has the right to the following:

(a). Client’s Record. Each client can obtain a copy of his or her Protected Health Information by completing a request. The only charge will be based on our cost in responding to the request. The amount of the charge will vary depending on the format the client requests and whether the client wants the record or a summary, and whether it is to be delivered by mail or otherwise. The client will be told of the fee when the client’s request is received.

(b). Accounting for Disclosures. By completing our request form, each client is entitled to obtain a list of the disclosures of the client’s Protected Health Information that have occurred within a period of 6 years after April 14, 2003, except for disclosures made for the purposes of treatment, payment or health care operations, and certain others. There will be no charge for the first request in any 12-month period, but we are entitled to charge a reasonable cost-based fee for additional requests made in the same period of time.

(c). Amendments. Each client may ask to change the record of his or her own Protected Health Information by completing our request form, explaining why the change should be made. We will review the request, but may decline to make the change if, in our professional judgment, we conclude that the record should not be changed.

(d). Communications. By completing our request form, each client can ask us to communicate with him or her about their own Protected Health Information in a confidential manner such as by sending mail to an address other than the home address or using a particular telephone number.

(e). Special Restrictions. By completing our request form, each client can ask us to adopt special restrictions that further limit our use and disclosure of the client’s Protected Health Information (except where use and disclosure are required of us by law or in emergency circumstances). We will consider the request; but in accordance with HIPAA and the Regulations, we are not required to agree to with the request.

(f). Complaints. If a client believes that we have violated the client’s rights as to the client’s Protected Health Information under HIPAA and the Regulations, or if a client disagrees with a decision we made about access to the client’s Protected Health Information, the client has the right to complete our complaint form and deliver it to us via the contact information listed on MedicareSaver.com. Our Contact Person is required to investigate, and if possible, to resolve each such complaint, and to advise the client accordingly. The client also has the right to send a written complaint to the U.S. Department of Health and Human Services at the addresses shown on the complaint form. Under no circumstances will any client be retaliated against by MedicareSaver.com, Inc. for filing a complaint.

We are required by law to protect the privacy of our clients’ Protected Health Information, to provide this notice about our privacy practices, and follow the privacy practices that are described in this notice. We reserve the right to make changes in our privacy practices that will apply to all the Protected Health Information we maintain. A new notice will be available on request before any significant change is made.

As a function of MedicareSaver.com website we will create a temporary session record of the client’s PHI that will end on the browser closing. No record is permanently store unless an account is created with MedicareSaver.com. Account creation implies implicit agreement to the storing of PHI using industry standard HIPAA compliant security measures. In that case the PHI will be made secure by accepted industry standards of protection.

If a credit card is billed for services rendered that credit care information will be securely stored on servers operated by MedicareSaver.com. If a reasonable attempt is made to contact the client for invalid credit card information MedicareSaver.com reserves the right to discontinue any service for which that credit card information is used.

If any portion of this document is considered to invalid then the remaining provisions shall remain in effect. The entire document including the HIPAA document is subject to change without reasonable notification.

*Last Update 11-16-2008