SleepSomatics Terms of Use (Website) & SleepSomatics Privacy Policy and Patient Bill of Rights

SleepSomatics Website Terms of Use Agreement 

By accessing or using this SleepSomatics website, online portals, online applications, and all documents or electronic files accessed through, by, or in conjunction with any website or application accessed at www.sleepsomatics.com (collectively, the "Website"), you (the user, your employees, agents, officers, representatives, subsidiaries, successors, assigns and sub-contractors; hereafter and collectively, "You" and "Your") agree to all of the notices, covenants, restrictions, terms, warranties, representations, and conditions (hereafter and collectively, "Terms") and agree to be bound by those Terms set forth in this Terms of Use Agreement (hereafter, the "Agreement") by and between SleepSomatics, L.P., a Texas diagnostic company that provides sleep diagnostic services and whose mailing address of record is 2211 W Parmer Ln, Ste A, Austin, TX, 78727 (hereafter, "SleepSomatics") and You. This Agreement is effective May 1, 2009. The Terms of this Agreement do not apply to any other websites that You might link to from this Website. Once You link to another website, You are subject to the privacy policy, terms, and conditions of that website. For the avoidance of doubt, the headings located in this Agreement are for reference purposes only. 

Disclaimer 

All content, including text, graphics, images, and information available on or through this Website is strictly for informational purposes only. SleepSomatics makes no representation as to the accuracy or completeness of information obtained on this Website or other websites which may be linked or referenced from this one. The information found on this Website is neither a substitute for qualified medical advice from a licensed physician, nor is it a sufficient foundation upon which to base a medical decision. The content on this Website is not intended to be a substitute for professional medical advice, diagnosis or treatment from a licensed physician. You understand and acknowledge that you should never disregard professional medical advice or delay seeking treatment because of something You have read, inferred, or concluded from this Website or any other website. You should always seek professional medical advice from a licensed physician before acting upon information viewed on this Website or any other website. SleepSomatics encourages you to confer with a licensed physician to carefully review any information obtained on this Website or any other website. The proper course of treatment for any patient can always vary from the medical treatment information obtained from other sources due to the specific and unique condition and/or complications of individual patients. You should always consult Your own licensed physician before using any medically-related information presented on this Website or other websites. It is understood that You need to visit with Your own licensed physician in order to obtain an accurate diagnosis for a problem and to determine a proper course of treatment. The information presented on this Website is not to be considered complete nor does it contain all medical resource information that may be relevant to Your specific condition. This Website is not intended to be a substitute for seeking medical treatment and/or appropriate care from a licensed physician. 

Minimum System Requirements 

The minimum system requirements for accessing and using this Website include a computer utilizing Microsoft Windows XP or later operating system, Microsoft Internet Explorer or Mozilla Firefox web browser, an internet connection with dial-up access or faster, and system hardware and software generally recommended for basic Internet and World Wide Web usage. SleepSomatics makes every effort to ensure that this Website is accessible by the current versions of Microsoft Internet Explorer or Mozilla Firefox web browsers. However, SleepSomatics waives any and all liabilities or responsibility for maintaining this Website's compatibility with Your web browser(s), operating and computer system(s). To access documents for download, You will need a free version of Adobe Acrobat Reader installed on Your computer. To access multimedia or video content, You will require current free versions of Adobe Flash Player and Sun Microsystems Java installed on Your computer. 

Privacy and Security 

SleepSomatics complies with the Health Information Portability and Accountability Act (hereafter, "HIPAA"), the Centers for Medicare and Medicaid Services ("CMS"), and the Joint Commission, by providing industry-standard encryption of this Website. SleepSomatics is not responsible for Your HIPAA compliance with the regulations and standards set forth by HIPAA, CMS, the Joint Commission, or applicable law, nor is SleepSomatics responsible for Your ability to secure and maintain information that is regulated or governed by HIPAA, CMS, the Joint Commission, or applicable law. Without limitation, You are responsible for the security of Your own computer systems, including (but not limited to), securing Your computer, network, and paper file systems, restricting access to Your computer, network, and paper file systems, utilizing industry-standard security software to prevent unauthorized users from accessing Your computer or network systems, regularly clearing Your internet browser cache files, and properly securing or permanently destroying other information that is regulated or governed by HIPAA, CMS, the Joint Commission, or applicable law. Securing protected or private information that has been provided to You by SleepSomatics in connection with this Agreement is Your sole responsibility, and You hereby indemnify and hold harmless SleepSomatics from any and all claims arising out of or resulting from Your inability or failure to secure protected information that is regulated or governed by HIPAA, CMS, the Joint Commission, applicable law, and all governmental entities and applicable regulations. SleepSomatics takes reasonable steps to ensure the privacy of users of its Website. You understand that SleepSomatics cannot guarantee Your privacy and Your online security. By accessing this Website, You share in the responsibility of protecting Your privacy and Your online security. By accessing this Website, You agree to the following:

  1. You will not attempt to access or use this Website outside of the Terms of this Agreement;
  2. You will not solicit login information or access an account belonging to someone else;
  3. You will not permit another individual or user to login to or access Your account;
  4. You will not transfer Your user information or account to anyone without obtaining the express written consent and permission of SleepSomatics;
  5. You are responsible for all costs associated with Your accessing and usage of this Website, including (but not limited to) Your computer, internet connection, software, connection fees, utilities, mobile telephone-based web usage, and any and all other costs incurred by Your accessing or usage of this Website, the Internet, or the World Wide Web;
  6. You will not facilitate, support, sponsor, or encourage any violations of this Agreement;
  7. You will take all reasonable and necessary precautions to support the enforcement of this Agreement;
  8. You will not use this Website to do anything unlawful, misleading, malicious, discriminatory, or that violates the legal rights of SleepSomatics or other users that access this Website;
  9. You will not provide any false information to SleepSomatics or on or via or through its Website, or request the creation of an account for anyone other than You without the express written permission of SleepSomatics;
  10. You will not use or access this Website if You are under the age of 18 years old;
  11. You will not use this Website if You are located in a country other than the United States of America;
  12. You will not collect users' information, or otherwise access this Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without the express written consent and permission of SleepSomatics;
  13. You will not attempt to upload, transmit, or transfer viruses, malware, spyware, or other malicious or unauthorized programs or codes to this Website or any user of this Website;
  14. You will not attempt to contact, send, post, or otherwise transmit communications to other users of this Website (such as spam);
  15. You agree that You are responsible for protecting and enforcing Your legal rights and that SleepSomatics has no obligation to do so on Your behalf;
  16. You will not develop or operate a third party application based on or in relation to this Website without the express written consent and permission of SleepSomatics;
  17. You will keep Your contact information on-file with SleepSomatics accurate and up-to-date;

You understand and accept that when You access, log-in, or utilize the services and features of this Website, SleepSomatics may collect and retain information about You under this Agreement that includes (but shall not be limited to):

  1. The name of the domain You use to access the Internet;
  2. The Internet Protocol address assigned to Your computer or network;
  3. The type of browser and operating system You use to access our site;
  4. The date and time of Your visit;
  5. The pages You visited;
  6. The keywords entered into search engines to measure interest in specific topics;
  7. The address of the website You came from, or if You were referred from another site; and
  8. Additional information that may be necessary to protect, secure, and enforce this Agreement.

We may use this information about You to maintain the security and integrity of this Website, enforce this Agreement, generate statistical data regarding the traffic to this Website, find out about general user interest in various areas, and assist SleepSomatics in making this Website more useful and secure for You and other users. SleepSomatics may collect user, usage, statistical, or demographic information from third party sources including (but not limited to) search engine providers. Additionally, You understand and accept that when You access, log-in, or utilize the services and features of this Website, SleepSomatics may collect and retain information about You under this Agreement through the utilization of "cookies." These cookies are utilized for the following general purposes:

  1. To assist in identifying possible fraudulent activities;
  2. Support security measures such as requiring re-logging into this Website after a certain amount of time has elapsed;
  3. Access Your information when You use or access this Website to provide You with specific content;
  4. Keep track of specific content and preferences;
  5. Provide general internal and customer analytics; and
  6. Conduct research to improve SleepSomatics products, services, and content;

By accessing or using this Website, You understand that disabling or preventing cookies from this Website may interfere with the correct operation of this Website or disable specific features of this Website. In accordance with applicable law, SleepSomatics, does not disclose, give, sell, or transfer any personal information about users or visitors to this Website or to anyone or anything else, unless required by law enforcement or statute or at the request or direction of You or the user. The disclosure of personal information shall always be governed by the regulations and standards set forth by HIPAA, CMS, the Joint Commission, and applicable law. 

Copyright Protections 

The copyright, trademark, service mark, and proprietary protections (hereafter and collectively, "Copyright Protections") of this Website and the material on this Website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material, audio-visual material, processes, systems, language, directives, protocols, text, recommendations, formatting, and all other intellectual property on this Website) is owned by SleepSomatics unless otherwise specified. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Website (either in whole or in part). SleepSomatics grants to You the limited, restricted, non-exclusive, royalty-free, revocable license to view this Website and the material on this Website on a computer or mobile device via a web browser for the sole purpose of submitting information, data files, written text, computer files, or other electronically-submitted information to SleepSomatics (hereafter, "Information"). Your consent to this Agreement constitutes Your direction to SleepSomatics to accept Your Information as if it were submitted on a printed paper with a handwritten signature. Additionally, Your consent to this Agreement constitutes Your direction to SleepSomatics to record, maintain, and utilize Your unique user log-in information and unique Internet Protocol address information to generate Your electronic signature for Your Information. SleepSomatics does not grant You any other rights in relation to this Website or the material on this Website. All other rights are reserved. For the avoidance of doubt, to protect SleepSomatics' Copyright Protections in this Agreement and ensure continued compliance with HIPAA and other governmental privacy laws designed to protect patient information, You are expressly prohibited from the following actions (without limitation): adapting, editing, changing, transforming, publishing, republishing, distributing, redistributing, broadcasting, re-broadcasting, showing, sharing, printing, screen-capturing, image-saving, or playing this Website or the material on this Website (in any form or media) without limitation to any other individual, corporation, or organization. The automated, systematic, or deliberate collection of data (which includes but is not limited to the industry practice known as "data-mining") from this Website is expressly prohibited and is considered a violation of the Terms of this Agreement. SleepSomatics takes the protection of its Copyright Protections very seriously. If SleepSomatics discovers that You have used SleepSomatics materials or this Website or SleepSomatics Copyright Protections in contravention of the Terms of this Agreement, SleepSomatics retains the right to exercise its full legal remedies including civil litigation against You seeking monetary damages for infringement of SleepSomatics Copyright Protections, an injunction to stop You using those materials, and judgment for legal fees to enforce SleepSomatics' rights under this Agreement. Additionally, SleepSomatics retains the right to exercise its responsibilities under HIPAA by reporting any violations by You of this Agreement to the United States Department of Health and Human Services, the Federal Trade Commission, the Texas Department of State Health Services, CMS, the Joint Commission, the American Academy of Sleep Medicine, and other governmental authorities or nonprofit industry representatives or agencies responsible for the protection of patient information or advocacy of patient rights. 

Liability 

SleepSomatics will not be liable to You (whether under the law of contact, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website; for any direct, indirect, special or consequential loss; for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if SleepSomatics has been expressly advised of the potential loss. Nothing in this Agreement will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. By using this Website, You agree that the exclusions and limitations of liability set out in this Agreement are reasonable and fair. If You do not think they are reasonable or do not agree to the Terms codified and bound in this Agreement, You must stop your access and usage of this Website and not use this Website in any way. You agree that SleepSomatics has a specific interest and corporate right in the lawful and legal limitation of personal liability of its subsidiaries, successors, assigns, directors, members, officers, agents, representatives, third-party subcontractors, and employees. You agree that You will not bring any claim personally against SleepSomatics subsidiaries, successors, assigns, directors, members, officers, agents, representatives, third-party subcontractors, and employees with respect to any losses You may suffer or incur arising out, resulting from, or connected to this Agreement, this Website, or Your accessing or usage of this Website. You agree that the limitations of warranties and liability set out in this Website disclaimer will protect SleepSomatics and its subsidiaries, successors, assigns, directors, members, officers, agents, representatives, third-party subcontractors, and employees.

Warranty 

SleepSomatics makes every reasonable attempt to maintain its Website safe, operating, and bug-free. However, by accepting this Agreement, You represent and warrant that You use this Website at Your own risk. SleepSomatics provides this Website "as-is" without any express or implied warranties, including (but not limited to) implied warranties or merchantability, fitness for a particular purpose, and non-infringement. SleepSomatics does not guarantee that this Website will be safe or secure. SleepSomatics is not responsible for the actions or content of third parties or external websites, external online portals, or external applications referenced by way of hyperlinks to this Website, and You release SleepSomatics (including its subsidiaries, successors, assigns, directors, members, officers, agents, representatives, third-party subcontractors, and employees) from any and all Claims (known and unknown) arising out of or in any way connected with any Claim You have against any such third parties. SleepSomatics is not liable to You for any lost profits or other consequential, special, indirect, or incidental damages or Claims arising out of or in connection with this Website, Your use of this Website, Your reliance on information on this Website, or the Terms of this Agreement, even if SleepSomatics had been advised of the possibility of such damages. SleepSomatics' aggregate liability arising out of or connected with this Website and the Terms of this Agreement will not exceed the greater of one hundred U.S. dollars ($100.00). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, SleepSomatics' liability will be limited to the fullest extent permitted by applicable law. 

Enforceability 

By accessing or using this Website, You agree to resolve any claim, cause of action, or dispute (hereafter, individually "Claim" and "Claims," and collectively, "Claims") You have with SleepSomatics, this Website, or this Agreement in a state or federal court located in Travis County, Texas. The laws of the State of Texas will govern this Agreement without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts of Travis County, Texas, for the purpose of litigating all such Claims. If anyone brings a Claim against SleepSomatics (or its subsidiaries, successors, assigns, directors, members, officers, agents, representatives, third-party subcontractors, and employees) related to Your content or actions on this Website or Your performance of this Agreement, You will indemnify and hold SleepSomatics (and its subsidiaries, successors, assigns, directors, members, officers, agents, representatives, third-party subcontractors, and employees) harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such Claims. If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement, and that portion of the Agreement shall be removed without affecting the enforceability and totality of the remainder of the Agreement. If SleepSomatics fails to enforce any of this Agreement, it will not be considered a waiver by SleepSomatics of this Agreement or SleepSomatics' rights under this Agreement. 

Acceptance 

Your acceptance of this Agreement is voluntary. You are not required to utilize this Website or submit any Information on, via, or through this Website in order to obtain diagnostic services from SleepSomatics. To provide Information to SleepSomatics through traditional paper means, contact SleepSomatics during daytime administrative hours at (512) 323-9253. This Agreement codifies the entire agreement by and between SleepSomatics and You and supersedes any and all prior written, oral, and implied agreements. Any amendment or alteration of this Agreement must be evidenced by a written instrument and dully executed by SleepSomatics and You. You are prohibited by this Agreement to transfer any or all of Your rights or obligations under this Agreement to anyone or anything else without the express written consent and permission by SleepSomatics. All of SleepSomatics' rights and obligations under this Agreement are freely assignable by SleepSomatics in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. This Agreement does not confer any third party beneficiary rights to You. Nothing in this Agreement shall prevent SleepSomatics from complying with applicable law. Accessing or using the features, portals, or applications of this Website shall constitute Your legally-binding acceptance of the Terms of this Agreement. Your agreement will be considered a legally-binding and enforceable execution of this Agreement. If You violate the Terms (either by letter or spirit) of this Agreement, or otherwise create potential legal liabilities or exposure for SleepSomatics, then SleepSomatics reserves the right to terminate Your access and usage of this Website without any costs or obligations by SleepSomatics to You.

SleepSomatics Privacy Notice and Patient Bill of Rights

The SleepSomatics Privacy Notice and Patient Bill of Rights (hereafter, the "Notice") provides detailed information about how SleepSomatics, L.P., a Texas provider of sleep diagnostic services whose address is 2211 W Parmer Ln, Ste A, Austin, TX, 78727 (hereafter, "SleepSomatics") may use and disclose your private medical information with or without your authorization as well as more information about your specific rights with respect to your medical information. This Notice has been updated to reflect changes to the Health Information Portability and Accountability Act (1996) made effective by the Health Information Technology for Economic and Clinical Health Act (2009) signed into law by the President of the United States on February 17, 2009. This Notice is effective March 1, 2009. Health Information Technology for Economic and Clinical Health Act: The Department of Health and Human Services, the Centers for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, the Food and Drug Administration, and the Federal Trade Commission, are regularly updating their interpretations, rulings, and guidelines from the Health Information Technology for Economic and Clinical Health Act. SleepSomatics makes every reasonable effort to update its business practices, policies, and procedures to reflect current governing law. This Notice may be updated from time to time to reflect such changes, though changes to governing law may not always be immediately reflected in this Notice. Nevertheless, SleepSomatics makes every reasonable effort to operate in accordance with the most current governing law.

Notice Limitations:

This Notice does not apply to any other physicians, hospitals, diagnostic companies, or other healthcare providers or their websites. You understand that SleepSomatics is not responsible for the conduct of other healthcare providers or how they treat your private medical information. Therefore, you must contact other healthcare providers to determine their privacy policies and practices. For the avoidance of doubt, the headings located in this Notice are for reference purposes only.

Commitment to Your Privacy:

SleepSomatics is committed to protecting the privacy and confidentiality of your private medical information. We are required by law to take certain steps to protecting your private medical information. We are also required to notify you of our legal duties and privacy practices regarding your private medical information and abide by the practices of this Notice, unless more stringent laws or regulations apply. This Notice applies to all SleepSomatics facilities, services, diagnostics, programs, and care provided to you.

Private Medical Information:

The Health Information Portability and Accountability Act defines private medical information as the following: medical records resulting from treatment from a healthcare provider, medical histories (including familial medical histories), lifestyle details, laboratory or diagnostic test results, medications prescribed, surgical or outpatient procedures, genetic testing, your participation in research projects, information provided on applications for disability, life, or accidental insurance with private insurers or government programs, information related to worker's compensation claims, information related to disability insurance claims, and other related information you or someone else or something else has supplied or provided (with or without your knowledge, authorization, or consent as provided by applicable law) in the course of seeking or receiving treatment from a healthcare provider. As a matter of practice, SleepSomatics treats all information not considered private medical information as if it were such for the purposes of security, privacy, and confidentiality.

This Notice describes this organization's treatment of private medical information and the practices of:

  • All employees, staff, interns, and subcontractors employed or authorized by SleepSomatics in the course of its business operations or for which SleepSomatics has specifically hired or contracted with to provide services to you for which SleepSomatics has or will bill such services for;
  • All third-party providers, such as Wufoo, Google, and Bookeo, that SleepSomatics has specifically hired or contracted with to provide services to you for which SleepSomatics has or will bill such services for;
  • All independent contractors that SleepSomatics has specifically hired or contracted with to provide services to you for which SleepSomatics has or will bill such services for;
  • All vendors that SleepSomatics has specifically hired or contracted with to provide services to you for which SleepSomatics has or will bill such services for.

Treatment:

Your information may be shared with any healthcare provider who is providing you with healthcare services or any health insurance company that is paying for or reimbursing SleepSomatics for healthcare services. This includes coordinating your care with other providers, providing referrals to other providers, and seeking pre-authorization or payment for healthcare services ordered or rendered. Examples of healthcare providers who may need your information to treat you include a physician, pharmacist, nurse, and other providers such as physical therapists, home health providers, durable medical equipment providers, laboratory or diagnostic technicians, and employees or support staff for the aforementioned healthcare providers. We may also use your information to contact you for appointments and to provide information about health-related products and services that we believe may be helpful to you. We may share your information electronically with your healthcare providers in order to make sure they have your information as quickly as possible to treat you. We will observe industry-standard encryption and security procedures and processes when communicating or transmitting information electronically. We may also share your medical information with your spouse or legal guardian or anyone who is involved in assisting with your healthcare. We will only do this if you agree and will only share with them the information they need in order to help you. If you are unable to either agree or object to such a disclosure, we may disclose your private medical information as necessary if we have cause to believe that it is necessary to do so.

Payment:

In order to get your healthcare services paid for, we may have to provide your medical information to the party responsible for paying. This may include Medicare, Medicaid (state health plan), or your insurance company. Your insurance company or health plan may need your information for activities such as determining your eligibility for coverage, reviewing the medical necessity of the healthcare services, or providing approval for diagnostic services or medical equipment.

Healthcare Operations:

Your medical information may be used by us in order to support the business activities of the facility and to ensure that quality healthcare services are being provided. Some of the activities which would be part of our operations would be quality assessment activity, employee review, training of medical personnel, licensure, certification, accreditation, data aggregation and audits by governmental or regulatory agencies, or third-party audits initiated by SleepSomatics We may share your protected health information with third parties who perform services such as transcription, billing, or other support services necessary to our delivery of services. As required by law, SleepSomatics maintains written agreements that all third parties comply and observe this Notice, except as required by law.

There are a number of ways that your medical information may be used without your authorization, generally either because they are required by law or for public health and safety purposes. Those include:

Required by Law:

Your medical information may be used or disclosed by us when required by law. If this happens, we will comply with the law and will only disclose the information necessary. You will be notified, as required by law, of any such uses or disclosures.

Public Health:

Your medical information may be used for public health activities. Public health authorities are authorized to collect or receive the information for purposes such as controlling disease, injury or disability.

Disaster Relief:

We may disclose healthcare information about you to an entity assisting in a disaster relief effort so that your family and friends can be notified about your condition, status, and location.

Incidental Disclosures:

Certain incidental disclosures of your healthcare information may occur as a by-product of lawful and permitted use and disclosures of your healthcare information. For example, a visitor may overhear a discussion about your care while an employee is on the telephone discussing your care with you or your physician. These incidental disclosures are permitted if we apply reasonable safeguards to protect the confidentiality of your healthcare information.

Limited Data Set Information:

We may disclose limited healthcare information to third parties for purposes of research, public health and healthcare operations. Before disclosing this information, we must enter into an agreement with the recipient of the information that limits who may use or receive the data and requires the recipient to agree not to re-identify the data or contact you. The recipient of your information is required to have appropriate safeguards to prevent inappropriate use or disclosure of your information.

Communicable Diseases:

If required by law to do so, we may disclose your medical information to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.

Health Oversight:

Health oversight agencies are authorized to have access to medical information maintained by us for activities such as audits, investigations, and inspections. Agencies with this authority include government agencies that oversee the healthcare system, government benefit programs, government regulatory programs and civil rights laws.

Abuse or Neglect:

We may disclose your medical information to a public health authority that is authorized by law to receive reports of child abuse or neglect. We may also disclose your protected health information to the governmental agency authorized to receive such information if we believe that you have been a victim of abuse, neglect or domestic violence. Any disclosures of this nature will be made consistent with state and federal law.

U.S. Food and Drug Administration:

We may disclose your medical information to a person or agency required by the U.S. Food and Drug Administration to report adverse events, product defects or problems, biologic product deviations, or for product recalls, repairs or replacements.

Legal Proceedings:

We may disclose your medical information if required to by a court or administrative order to do so for an administrative or judicial proceeding, or in some cases in response to a subpoena, discovery request or other legal process.

Law Enforcement:

We may disclose your medical information, so long as applicable legal requirements are met, for law enforcement purposes. Examples of these purposes would be: (1) legal processes and otherwise required by law; (2) limited information requests for identification and location purposes; (3) pertaining to crime victims; (4) suspicion that death has occurred as a result of criminal conduct; (5) if crime occurs on the premises; and (6) for medical emergencies where it appears likely a crime occurred.

Coroners, Funeral Directors, and Organ Donation:

Your medical information may be disclosed to a coroner or medical examiner for identification purposes, determining cause of death or other legally required duties. Your medical information may also be released to a funeral director in order to permit him/her to perform their duties.

Research:

Your medical information may be disclosed to researchers, provided that the research has been approved by an Institutional Review Board and the research protocols have been approved to ensure your privacy. We may disclose healthcare information about you to people preparing to conduct a research project; for example, to help the researcher identify patients with specific medical needs that would relate to the proposed research. Information used for this purpose will not leave SleepSomatics.

Criminal Activity:

As required by state and federal laws, we may disclose your medical information if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or of the public. We may also disclose your medical information if it is necessary for law enforcement authorities to identify or apprehend an individual.

Military Activity and National Security:

Under certain circumstances, the medical information of Armed Forces personnel may be disclosed (1) for activities deemed necessary by appropriate military command authorities; (2) for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits; or (3) to a foreign military authority if you are a member of that foreign military service. Your medical information may also be disclosed to authorized federal officials for conducting national security and intelligence activities, including for the provision of protective services to the President of the United States or others legally authorized.

Worker's Compensation:

Your medical information may be used or disclosed as necessary to comply with worker's compensation laws and other similar legally established programs.

Inmates:

Your medical information may be used or disclosed by us if you are an inmate of a correctional facility and your physician created or received your medical information in the course of providing care to you.

Other uses and disclosures of your medical information will be made only with your written authorization, unless otherwise permitted or required by law. You may revoke the authorization, at any time, in writing, except to the extent that we have already taken an action in reliance on the use or disclosure indicated in the authorization. To revoke, alter, or amend any authorization, you may contact SleepSomatics during daytime administrative hours. If you need SleepSomatics to share your medical information with someone for purposes other than those listed here, you should contact SleepSomatics during daytime administrative hours to request an authorization form.

The following information describes your rights with respect to your medical information that we maintain.

Right to Request Restrictions:

You have the right to ask us to place restrictions on the way we use or disclose your medical information for treatment, payment, or healthcare operations. We are not required to agree to the restriction, but if we agree to a restriction, we will not use or disclose your medical information in violation of that restriction, unless it is needed for an emergency. If a restriction is no longer feasible, we will notify you. You should contact the registration staff for further details and a form to fill out.

Confidential Communications:

We will accommodate reasonable requests to communicate with you about your medical information by different methods or alternative locations if you make your request in writing and give it to the registration staff. For example, if you are covered on a health plan but are not the subscriber, and would like your medical information sent to a different address than the subscriber, we can usually do that for you.

Access to Your Private Medical Information:

You have the right to receive a copy of your private medical information that we maintain, with some limited exceptions. You may contact SleepSomatics during daytime administrative hours to request access to those records and provide us with details about the specific information you need so that we can fulfill your request. We reserve the right to charge a reasonable fee for the cost of producing and mailing any copies to fulfill your request. For more information about the cost, you may contact SleepSomatics during daytime administrative hours.

Amendment of Your Private Medical Information:

You have the right to ask us to change any of your private medical information. You need to request this amendment in writing and submit it to SleepSomatics during daytime administrative hours. Any change to your private medical information will take the form of a written amendment made by and provided by you and added to your private medical information. SleepSomatics is not responsible for any amendment or change being recognized or accepted by other healthcare providers or health insurance companies. For more information about this process, contact SleepSomatics during daytime administrative hours.

Accounting of Certain Disclosures:

You have a right to a listing of the disclosures we make of your private medical information, except for those disclosures made for treatment, payment, or healthcare operations, or those disclosures made pursuant to our authorization. The type of disclosures typically contained in a listing would be disclosures made for mandatory public health purposes, law enforcement, legal proceedings, or for other required reporting such as birth and death certificates. If you would like to receive an accounting of your disclosures, you may contact SleepSomatics during daytime administrative hours.

Resolution of Complaints:

For more information about patient rights, policies, resolution of complaints or to submit compliments, please contact SleepSomatics during daytime administrative at (512) 323-9253 between 9:00 AM - 6:00 PM, Monday through Friday (excluding holidays). SleepSomatics encourages you to contact us during daytime administrative hours should you have any questions, concerns, or grievances with services rendered to you. You have the right to file a grievance with the Texas Department of State Health Services directly, regardless of whether you have first contacted SleepSomatics to attempt to resolve the issue: Texas Department of State Health Services, 1100 W. 49th Street, Austin, Texas 78756. You may also contact the Texas Department of State Health Services Information/Complaint Hotline at: 1-888-973-0022. You will not be retaliated against for filing a complaint, though SleepSomatics reserves the right to refer your diagnostic services to another diagnostic company or healthcare provider if continuing to provide diagnostic services to you interferes or conflicts with any investigations arising out of or resulting from a complaint filed with a governmental, regulatory, or oversight authority or agency. Said referral shall be done to maintain impartiality in the investigation process.

Patient Rights and Responsibilities:

SleepSomatics is committed to providing you with quality diagnostic services. We do not discriminate in regard to race, religion, age, sex, disability, sexual orientation, military or veteran status as required by applicable law. This listing of your rights serves to inform you of your options regarding treatment or refusal of treatment. These rights apply to all patients. If you are unable to exercise any or all of these rights, it is Texas law that your guardian, next of kin or legally authorized representative may exercise these rights on your behalf. By complying with this list of patient responsibilities, you are enabling us to understand and respond to your medical needs in an appropriate manner.

As a SleepSomatics patient, you have the right, within the limits of applicable law, to:

  • Be informed of your rights as a SleepSomatics patient, including information about this Notice, which includes the SleepSomatics written policy and mechanism for resolving patient complaints and grievances;
  • Be informed of your health status and participate in the development and implementation of your plan of care (in consultation with your physician);
  • Request or refuse treatment, including information regarding the consequences of refusing treatment (in consultation with your physician);
  • The information necessary to enable you to make treatment decisions that reflect your wishes (in consultation with your physician);
  • Personal privacy;
  • Privacy afforded by the Health Information Portability and Accountability Act, the Centers for Medicare and Medicaid Services, and other governing laws;
  • Receive considerate and respectful care in a safe setting;
  • Be free from all forms of abuse and harassment;
  • The confidentiality of your clinical records and private patient information;
  • Make a written request to SleepSomatics during daytime administrative hours requesting access to information contained in your clinical records;
  • Be informed of any research or educational projects affecting your care or treatment;
  • Make a request to SleepSomatics during daytime administrative hours requesting an itemized receipt for diagnostic services rendered and billed;
  • Freedom from seclusion and restraints, including physical restraints and drugs, unless seclusion or restraint is deemed medically necessary by Emergency Responders (such as during the course of an apparent seizure or cardiac arrest) or is imposed by Emergency Responders to ensure your safety in potentially dangerous, hazardous, or emergency situations;
  • Make a written directive to SleepSomatics during daytime administrative hours appointing a legal guardian or surrogate to make legal decisions on your behalf;
  • Participate in the consideration of ethical issues that arise in your care (in consultation with your physician); and
  • A reasonable response to your requests and needs for treatment or service (in consultation with your physician), within the capacity of SleepSomatics, your physician's written orders, or applicable laws and regulations.

As a SleepSomatics patient, you are responsible for the following:

  • Provide, to the best of your knowledge, accurate and complete information about present complaints, past illnesses, hospitalizations, medications, alternative therapy and other matters relating to your health prior to your scheduled diagnostic (or following your diagnostic during daytime administrative hours);
  • Report unexpected changes in your condition to your physician;
  • Inform your physician if you do not understand the plan of treatment and what is expected of you;
  • Know and follow the treatment plan prescribed by your physician;
  • Make and keep appointments and notify SleepSomatics when unable to do so;
  • Accept responsibility for outcomes related to refusing treatment or not following your physician's orders or the instructions or requests of SleepSomatics staff;
  • Pay your bill or make arrangements to pay your bill on or before the date requested by SleepSomatics;
  • Demonstrate consideration for the rights of visitors, staff and other patients (including another patient's right to confidentiality); and
  • Respect SleepSomatics property and the property of other persons.

SleepSomatics reserves the right to update, modify, or change this Notice at any time. The new Notice will be effective for any private medical information we create, alter, amend, store, or maintain as of the date of the change. You may view and print an online copy of our most current Notice at: www.sleepsomatics.com. You have the right to request a printed paper copy, and you may do so by contacting SleepSomatics during daytime administrative hours.