and Medical and Legal Disclaimers
ELDERCARE AT HOME, INC.
Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
- While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
- When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
- If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
- The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
- NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN SERVICES, PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
- This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Palm Beach County, Florida. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: March 1, 2018
NOTICE OF PRIVACY PRACTICES
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.
It is ElderCare at Home, Inc.’s policy that all protected health information, including demographic and contact data, collected and maintained by the company only be used as necessary for treatment, payment, and healthcare operations purposes; to comply with applicable law; as otherwise indicated in this notice; and as authorized by you. ElderCare at Home, Inc. will attempt to mitigate, to the extent practicable, any harmful effects from its misuse or inappropriate disclosure of your protected health information.
Pursuant to applicable federal and state laws, all client records shall be maintained for the required number of years from the date of last service rendered. Terrence Forgie, Vice President/Administrator shall be responsible for maintaining custody and confidentiality of your records.
Uses and Disclosure of Protected Health Information
ElderCare at Home, Inc. may use and disclosure your protected health information for treatment, payment, and healthcare operations purposes, as follows:
- Treatment purposes: to appropriate parties to ensure your receive proper care.
- For example, we may share your protected health information with your primary care provider or other treating physician(s), emergency transports, hospital emergency rooms, and referred caregivers.
- Payment purposes: to help referred caregivers receive payment for their services.
- For example, we may share information with your long-term care insurance provider or other third parties responsible for paying your bills. If you pay out of pocket, in full, for care, you may request that protected health information related to that care be restricted from disclosure to health plans.
- Healthcare operations purposes: to assess and to improve our referral services.
- For example, we may share information with an independent quality and client satisfaction surveyor who may contact you to assess the quality of our referral services.
- When we share your protected health information with a third-party business associate, such as an independent quality and client satisfaction surveyor, we will have a written contract with the third party requiring it to protect the privacy of your disclosed protected health information.
We may use or disclose protected health information, without your written authorization or the opportunity for you to agree or object, as follows:
- To the extent required by law, provided the use or disclosure complies with and is limited to the law’s relevant requirements;
- For public health activities, including: to a public health authority for preventing or controlling disease, injury, or disability; for purposes related to the quality, safety or effectiveness of an FDA-regulated product or activity; to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition; to an employer, about an individual who is a member of the workforce of the employer; and to a school, about an individual who is a student or prospective student of the school;
- About an individual whom we reasonably believe to be a victim of abuse, neglect, or domestic violence to a public health authority or government authority, including a social service or protective services agency;
- To a health oversight agency for oversight activities authorized by law or necessary for appropriate oversight, including audits, investigations, inspections, and other actions;
- In the course of any judicial or administrative proceeding, if expressly authorized by a court or administrative tribunal order in response to a subpoena, discovery request, or other lawful process;
- For a law enforcement purpose to a law enforcement official; if pursuant to process or as otherwise required by law; to identify or locate a suspect, fugitive, material witness, or missing person; about an individual who is or is suspected to be a victim of a crime; to alert law enforcement of a death, if we suspect the death resulted from criminal conduct; if we believe it constitutes evidence of criminal conduct on our premises; and in response to a medical emergency, if necessary to alert law enforcement to the commission and nature of a crime, the location or victim(s) of such crime, and the identity, description, and location of the perpetrator;
- To a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties;
- To organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of cadaveric organs, eyes, or tissue for the purpose of facilitating transplantation;
- For research, under certain conditions, regardless of the source of funding of the research;
- To a person or persons reasonably able to prevent or lessen a serious and imminent threat to the health or safety of a person or the public, including to the target of the threat, if we believe, in good faith, the use or disclosure is necessary, or to law enforcement authorities to identify or apprehend an individual;
- For specialized government functions, including: if you are Armed Forces personnel, activities deemed necessary by appropriate military command authorities to assure the proper execution of the military mission; to federal officials for lawful intelligence, counter-intelligence, and other national security activities, the provision of protective services to the President, foreign heads of state, or other authorized persons, or for certain investigations; and about an inmate or individual to a correctional institution or a law enforcement official having lawful custody of such inmate or other individual; and
- As authorized by, and to comply with, laws relating to workers’ compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault.
We may use or disclose your protected health information for the following purposes, provided that we inform you in advance of the use or disclosure and give you the opportunity to agree to or prohibit or restrict the use or disclosure. We may orally inform you of and obtain your oral agreement or objection to these uses and disclosures.
- Involvement with care or payment: we may disclose to a family member, other relative, close personal friend, or any other person identified by you, the protected health information directly relevant to such person’s involvement with your health care or payment related to your health care.
- Notification: we may use or disclose your protected health information to notify, or assist in the notification of (including identifying or locating), a family member, your personal representative, or another person responsible for your care, of your location, general condition, or death.
- Disaster Relief: we may use or disclose your protected health information to entities authorized by law to assist in disaster relief efforts, for the purpose of coordinating notification as described above.
If you are present for, or available prior to, the uses and disclosures in the immediately preceding paragraph, we may only use or disclose your protected health information if: 1) we obtain your agreement, 2) we provide you the opportunity to object and you do not object, or 3) we reasonably infer in our professional judgment that you do not object. If you are not present, or if the opportunity to agree or object cannot be provided because of your incapacity or an emergency, we will exercise our professional judgment to determine whether the disclosure is in your best interests and will disclose only the information directly relevant to the person’s involvement or needed for notification purposes. If you are deceased, we may disclose protected health information relevant to a family member or other person who was involved in your care or payment for health care prior to your death, unless doing so is inconsistent with your prior expressed preference known to us.
Any uses or disclosures of your protected health information not listed above, or otherwise required by law, will be made only with your written authorization, which you may revoke in writing at any time. Upon receipt of your written revocation of an authorization, ElderCare at Home, Inc. will cease to use or disclose your protected health information in the previously authorized manner. The written authorization requirement includes most uses and disclosures of psychotherapy notes, most uses and disclosures of protected health information for marketing purposes, and the sale of protected health information.
You have the right to request restrictions on certain uses and disclosures of your protected health information. ElderCare at Home, Inc. is not required to agree to these requests.
You further have the right to:
- Request that communications of protected health information be received by alternative means or at alternative locations;
- Inspect and copy your protected health information;
- Amend your protected health information;
- Receive an accounting of the disclosures of your protected health information; and
- Obtain a paper copy of this Notice of Privacy Practices.
You may exercise any of the above rights by contacting ElderCare at Home, Inc. in writing.
You also have the right to complain to ElderCare at Home, Inc. and to the Secretary of the Department of Health and Human Services if you believe your privacy rights have been violated. You may file a complaint with ElderCare at Home, Inc. by contacting Terrence Forgie, Vice President/Administrator at 2328 10th Ave North Suite 601, Lake Worth, Florida 33461 at 561-585-0400 or in writing at ElderCare at Home, Inc., 2328 10th Ave North Suite 601, Lake Worth, Florida 33461. You will not be retaliated against for filing any such complaint.
ElderCare at Home, Inc.’s Duties
ElderCare at Home, Inc. is required to:
- Maintain the privacy of your protected health information;
- Provide you with notice of our legal duties and privacy practices with respect to your protected health information;
- Provide you with access to an electronic copy of your protected health information, in the electronic form and format requested by you, if it is readily producible, or, if not readily producible, in an electronic form and format as agreed to by us and you; if you decline to accept any of the electronic formats readily producible by us, we must provide you a hard copy to fulfill your request; we may impose a reasonable cost-based fee to review the access request and to produce the electronic copy;
- Transmit a copy of protected health information, if requested by you, directly to another person designated by you; such a request must be in writing, be signed by you, and clearly identify the designated person and where to send the copy of the protected health information;
- Notify you following a breach of your unsecured protected health information; and
- Abide by the terms of the Notice of Privacy Practices that is in effect.
ElderCare at Home, Inc. reserves the right to change the terms of this notice at any time and to immediately make the new notice provisions effective for all protected health information that it maintains. If the terms of this notice are materially changed, ElderCare at Home, Inc. will promptly provide you with the revised notice by posting it on our website located at eldercareathome.org
VERY IMPORTANT! PLEASE READ!
- HIPAA stands for the Health Insurance Portability and Accountability Act
- HIPAA was passed by the U.S. government in 1996 in order to establish privacy and security protections for health information
- Most popular email services (ex. Hotmail®, Gmail®, Yahoo®) do not utilize encrypted email
- When we send you an email, or you send us an email, the information that is sent is not encrypted. This means a third party may be able to access the information and read it since it is transmitted over the Internet. In addition, once the email is received by you, someone may be able to access your email account and read it.
- Email is a very popular and convenient way to communicate for a lot of people, so in their latest modification to the HIPAA act, the federal government provided guidance on email and HIPAA
- The information is available in a pdf (page 5634) on the U.S. Department of Health and Human Services website ‐ http://www.gpo.gov/fdsys/pkg/FR‐2013‐01‐25/pdf/2013‐pdf
- The guidelines state that if a patient has been made aware of the risks of unencrypted email, and that same patient provides consent to receive health information via email, then a health entity may send that patient personal medical information via unencrypted email
For further information about this notice, please contact Administrator at ElderCare at 2290 10th Ave North Suite 404, Lake Worth, Florida 33461 at 561-585-0400 or in writing at ElderCare at Home, Inc., 2290 10th Ave North Suite 404, Lake Worth, Florida 33461
This notice is effective July 11, 2015
Last Updated: March 1, 2018
We will successfully match you with a caregiver, or you
don’t have to pay our fee!*