Russell Bartels, MD
GENERAL TERMS AND CONDITIONS OF USE OF THE WWW.FeelBetterMedicine.COM WEBSITE
Optimized Health, LLC provides telemedicine services, provides consultations to patients, prescribes and facilitates the delivery of medical supplements through their partnered pharmacies. An agreement has not been established between Optimized Health, LLC and a requester until a request for services has been placed by way of the process of enrollment for services. Fees for services may be charged as deemed medically appropriate by a prescribing physician. The process of enrollment is as follows: a) A patient requests services through an intake form and then schedules a consultation with a licensed practitioner under contract with Optimized Health, LLC. b) The practitioner consults via HIPAA standards of communication, determines the eligibility of the requester and then establishes a patient/practitioner relationship. c) At this point a requester may become a patient of Optimized Health, LLC. d) Finally, if the practitioner writes any prescriptions, they will be sent to our fulfillment pharmacy, a third-party vendor.
The office staff at Optimized Health, LLC offers continued support and counsel. Medical issues, if simple in nature and related to services of Optimized Health, LLC, may be referred to our prescribing practitioner. Any serious or complicated medical issues, including dire emergencies need to be addressed with the patient’s local emergency services, and/or primary care physician. Optimized Health, LLC does not provide primary care services, chronic illness care, or medication management.
PURCHASE – TERMS OF ORDERING
The FeelBetterMedicine.com website may be used to request a consultation with a physician for consideration of prescription products.
For each service selected from Optimized Health, LLC, an invoice will be provided to the patient featuring the service selected, and the price for the service. You should check that this information accurately reflects your selection before confirming. Upon confirmation, your billing information will be submitted to Optimized Health, LLC for processing. Optimized Health, LLC reserves the right not to accept or to cancel your service in our sole discretion for any reason without liability. Optimized Health, LLC shall not be liable for any error or inaccuracy in the photographs or graphical representations of any services displayed on the FeelBetterMedicine.com website. If you have any questions about the services, you may contact our customer service by clicking on the hyperlink labeled “contact us”.
Optimized Health, LLC reserves the right to cancel any consultation placed by a patient with whom it has a dispute concerning a prior consultation, or if Optimized Health, LLC has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale or is engaged in any fraudulent activity or for any other legitimate cause.
PURCHASE – AVAILABILITY
Our services on currently only available in Arizona. Unfortunately, if you live outside the state of Arizona we are not licensed to practice medicine and cannot help you. We will contact you as soon as possible if this applies to you. In the case of unavailability of a service, you will be informed by email or by phone as soon as possible, and a new estimated fulfillment date or the option to cancel your consultation will be presented.
PURCHASE – PROMOTIONAL SALES AND COUPONS
Optimized Health, LLC reserves the right to conduct promotional sales at its own discretion. Optimized Health, LLC reserves the right to offer customers promotional sales and coupons for its services. Coupons are only applicable to one-time purchases. Coupons cannot be applied to subscription, monthly orders, or any form of a recurring purchase. Only one coupon may be applied per order. Optimized Health, LLC reserves the right to remove a promotional offering, coupon, or discount code. The expiration date, the terms, and the conditions of any coupon can be adjusted by Optimized Health, LLC as necessary.
PURCHASE – ENROLLMENT CONFIRMATION
After contacting Optimized Health, LLC, and requesting a service, your consultation request will be transmitted to Optimized Health, LLC for processing and may not be amended or cancelled except pursuant to the conditions provided for herein the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your consultation request means your acceptance of the Terms and Conditions of Sale.
The data registered by the FeelBetterMedicine.com website establish the terms of the transactions between Optimized Health, LLC and its patients. In the case of a dispute between Optimized Health, LLC and its patients relating to a transaction entered into, the data registered by Optimized Health, LLC are the terms of the transaction. Notwithstanding, Optimized Health, LLC reserves the right not to accept or to cancel your consultation if the services are not available are incorrectly priced or are otherwise incorrectly described.
SHIPPING AND DELIVERY – DELIVERY ZONE
Shipping is available only in Arizona.
Medications are only shipped from our partnered pharmacies and will be shipped to the delivery address specified during the ordering procedure. All medication transactions are completed by our pharmacy partners.
SHIPPING AND DELIVERY – SHIPPING COSTS
Prescriptions are sent directly from the pharmacy and are sent with UPS Next Day Air. The fee for shipping medications is flat-rate.
Cancellations prior to a consultation with the provider will be granted with no fee. We do not charge your card unless a prescription has been approved by a doctor. Once the prescription has been shipped by the pharmacy, no refunds for that shipped product will be made. If a refund is requested for a particular order, an attempt at stopping that order fulfillment will be made and refund granted if the order can be cancelled with the pharmacy prior to shipping.
CANCELLATION/REFUND POLICY – SUBSCRIPTION-BASED PRODUCTS
All subscriptions purchased require a 3-round minimum. Optimized Health, LLC reserves the right to charge a $100 cancellation fee if the subscription is cancelled on or before the third renewal date.
SECURITY AND PERSONAL DATA
The FeelBetterMedicine.com website is not intended for minor children.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
LAW – DISPUTES
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to principles of conflicts of laws
Optimized Health, LLC welcomes your questions or comments regarding the Terms:
Optimized Health, LLC
7067 East Dale Lane
Scottsdale, AZ 85266
Email Address: support@FeelBetterMedicine.com
AGREEMENT BETWEEN USER AND WWW.FEELBETTERMEDICINE.COM
Welcome to www.FeelBetterMedicine.com. The www.FeelBetterMedicine.com website (the “Site”) is comprised of various web pages operated by Optimized Health, LLC LLC (“Optimized Health, LLC”). www.FeelBetterMedicine.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.FeelBetterMedicine.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Visiting www.FeelBetterMedicine.com or sending emails to Optimized Health, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Optimized Health, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Optimized Health, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
CHILDREN UNDER 18
Optimized Health, LLC does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may not use www.FeelBetterMedicine.com.
SALES TERMS AND CONDITIONS
The FeelBetterMedicine.com Sales Terms and Conditions (see “Sales Terms and Conditions”) governs the transactions that may be made available on this website. FeelBetterMedicine.com may modify or amend the Sales Terms and Conditions at any time as provided in the Sales Terms and Conditions.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.FeelBetterMedicine.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Optimized Health, LLC and Optimized Health, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Optimized Health, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Optimized Health, LLC of the site or any association with its operators.
Certain services made available via www.FeelBetterMedicine.com are delivered by third party organizations. By using any product, service or functionality originating from the www.FeelBetterMedicine.com domain, you hereby acknowledge and consent that Optimized Health, LLC may share such information and data with any third party with whom Optimized Health, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.FeelBetterMedicine.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Optimized Health, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Optimized Health, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Optimized Health, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Optimized Health, LLC or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Optimized Health, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Optimized Health, LLC Content accessed through www.FeelBetterMedicine.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Optimized Health, LLC only provides services within the boundaries of the USA.
HEALTH RELATED INFORMATION
The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with Optimized Health, LLC) for diagnosing or treating a health problem or disease or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
DEFINITION OF MEDICAL TREATMENT
Optimized Health, LLC does not employ practitioners directly, with exception of the medical director. An independent organization is under contract to provide telemedicine consultations and may at their discretion approve/disapprove a potential patient for services and/or write a prescription for the service(s) requested by the patient.
The third-party providers network maintains responsibility for properly vetting, training, and managing any provider under their employ. The provider network management ensures that each provider has proper medical malpractice insurance in place for the consultations referred by Optimized Health, LLC.
The Medical Director of Optimized Health, LLC has outlined the services to be prescribed by the provider network. Included in this outline is the standard of care, services offered, prescribing standards, and contraindications related to services made available for enrollment.
Each patient will be evaluated by a provider properly licensed in the patient’s respective state. It is the responsibility of each individual provider to adhere to laws and prescribing standards within the state of licensure.
ESTABLISHMENT OF PATIENT & PROVIDER RELATIONSHIP
All services offered for enrollment on FeelBetterMedicine.com are elective services. Optimized Health, LLC encourages potential patients to consult with their primary care provider prior to requesting services from Optimized Health, LLC and its contracted provider network.
A Patient & Provider relationship is formed once a provider from the contracted provider network makes contact, reviews medical forms, and makes a clinical determination on the request made by the patient.
All medical information collected is protected under a HIPAA compliant electronic medical record. It is the duty of the patient to complete the Medical History Forms (“MHF”) completely, accurately, and truthfully. Any information shared by the patient with an agent of Optimized Health, LLC or the provider will be accepted as additional information for the patient’s medical file.
Video or phone consultations are offered per statutes outlined in each state. It is the responsibility of the licensed provider to adhere to the statues in each state that defines what constitutes a patient/provider relationship.
It is the responsibility of the patient to maintain a relationship with a primary care provider for follow up care after seeking services offered by Optimized Health, LLC. Optimized Health, LLC or the contracted provider network do not provide ongoing medical services outside of the initial consultation.
You agree to indemnify, defend and hold harmless Optimized Health, LLC, its officers, directors, employees, agents and third parties, and affiliates (“Indemnified Parties”), from, against and in respect of all liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings, investigation, demands, judgments, settlement payments, deficiencies, penalties, fines, interest and costs and expenses suffered, sustained, incurred or paired by the Indemnified Parties in connection with, resulting from, or arising out of, directly or indirectly, Optimized Health, LLC and/or Physician’s rendering medical care services, advice and/or treatment, Patient’s failure to disclose all relevant information regarding Patient’s medical and physical condition, patient’s use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations, acts or omissions of Optimized Health, LLC or Physician, harm or injury resulting from medical care or pharmaceuticals provided directly or indirectly by Optimized Health, LLC or Physician. Patient is aware of potential side effects associated with the above-described treatment, accepts all risks involved in taking medication and will not seek indemnification or damages from the Indemnified Parties there from. Optimized Health, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Optimized Health, LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Optimized Health, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OPTIMIZED HEALTH, LLC LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OPTIMIZED HEALTH, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OPTIMIZED HEALTH, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Optimized Health, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Optimized Health, LLC as a result of this agreement or use of the Site. Optimized Health, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Optimized Health, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Optimized Health, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Optimized Health, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Optimized Health, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Optimized Health, LLC reserves the right, in its sole discretion, to change the Terms under which www.FeelBetterMedicine.com is offered. The most current version of the Terms will supersede all previous versions. Optimized Health, LLC encourages you to periodically review the Terms to stay informed of our updates.
This Agreement contains the entire understanding of the parties and supersedes and merges all prior and contemporaneous agreements and discussions between the parties. Any and all representations or agreements by any agent or representative of either party not contained in this Agreement shall be null, void, and of no effect.
If any provision of this Agreement or the application thereof to any person or circumstances is invalid or unenforceable in any jurisdiction, the remainder hereof, and all application of such provision to such person or circumstances in any other jurisdiction, shall not be affected thereby, and to this end the provisions of this Agreement shall be severable.
Optimized Health, LLC welcomes your questions or comments regarding the Terms:
Optimized Health, LLC
7076 East Dale Lane
Scottsdale, AZ 85266
Email Address: support@FeelBetterMedicine.com
Collection of your Personal Information
In order to better provide you with services offered on our Site, Optimized Health, LLC may collect personally identifiable information, such as your:
First and Last Name
If you purchase Optimized Health, LLC’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Optimized Health, LLC may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain services. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering an purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Optimized Health, LLC collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Optimized Health, LLC may also use your personally identifiable information to inform you of other products or services available from Optimized Health, LLC and its affiliates.
Sharing Information with Third Parties
Optimized Health, LLC does not sell, rent or lease its customer lists to third parties.
Optimized Health, LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Optimized Health, LLC, and they are required to maintain the confidentiality of your information.
Optimized Health, LLC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Optimized Health, LLC or the site; (b) protect and defend the rights or property of Optimized Health, LLC; and/or (c) act under exigent circumstances to protect the personal safety of users of Optimized Health, LLC, or the public.
Tracking User Behavior
Optimized Health, LLC may keep track of the websites and pages our users visit within Optimized Health, LLC, in order to determine what Optimized Health, LLC services are the most popular. This data is used to deliver customized content and advertising within Optimized Health, LLC to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Optimized Health, LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Optimized Health, LLC website.
The Optimized Health, LLC website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Optimized Health, LLC pages, or register with Optimized Health, LLC site or services, a cookie helps Optimized Health, LLC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Optimized Health, LLC website, the information you previously provided can be retrieved, so you can easily use the Optimized Health, LLC features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Optimized Health, LLC services or websites you visit.
Security of your Personal Information
Optimized Health, LLC secures your personal information from unauthorized access, use, or disclosure. Optimized Health, LLC uses the following methods for this purpose:
HIPAA compliant security standards
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Children Under Eighteen
Optimized Health, LLC does not knowingly collect personally identifiable information from children under the age of eighteen.
From time to time, Optimized Health, LLC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Optimized Health, LLC or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Optimized Health, LLC, you may opt out of such communications by Customers may unsubscribe from marketing emails by selecting “unsubscribe”, compliant with the
CAN SPAM Act.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Optimized Health, LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that Optimized Health, LLC has not adhered to this Statement, please contact Optimized Health, LLC at:
Optimized Health, LLC
7067 East Dale Lane
Scottsdale, AZ 85266
Email Address: support@FeelBetterMedicine.com
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.
What is your medical information? All the health care related information we have in your file, including your medical history, current condition, diagnosis, examination notes, test results, and prescriptions.
Why are you getting this Notice? We must comply with the HIPAA Privacy Rule that requires us to protect the confidentiality of your medical information. The Privacy Rule also gives you certain rights with respect to your medical information. This Notice explains both our obligations and your rights under the Privacy Rule.
I. OUR OBLIGATIONS
A. We have a legal duty to protect the confidentiality of your health information. We are required to protect the confidentiality of your individually identifiable health information (“protected health information” or “PHI”). We must give you notice of our legal duties and privacy practices concerning your PHI:
We must protect PHI that we have created or received about your past, present, or future health condition, health care we provide to you, or payment for your health care.
We must notify you about how we will protect your PHI.
We must explain how, when and why we will use and/or disclose your PHI.
We may only use and/or disclose PHI as we have described in this Notice.
We are required to follow the procedures in this Notice. We reserve the right to change the terms of this Notice and to make new notice provisions effective for all PHI that we maintain by:
Posting the revised Notice in our offices and on the website;
Making copies of the revised Notice available upon request (either at our offices, on our website or through the contact person listed in this Notice); and
B. We may legally use and disclose your PHI as follows.
1. We may use and disclose PHI about you to provide health care treatment to you. We may use and disclose PHI about you to provide, coordinate or manage your health care and related services. This may include communicating with other health care providers regarding your treatment and coordinating and managing your health care with others. For example, we may use and disclose PHI about you when we send your Health History and Basic Examination Questionnaire to our affiliated physicians for review.
2. We may use and disclose PHI about you to obtain payment for services. Generally, we may use and give your medical information to others to collect payment for the treatment and services provided to you. We may also share portions of your medical information with the following:
Collection departments or agencies; and
Consumer reporting agencies (e.g., credit bureaus).
3. We may use and disclose your PHI for our internal health care operations. We may use and disclose PHI in performing business activities, which we call “health care operations”. These “health care operations” allow us to improve the quality of care we provide and reduce health care costs. Examples of the way we may use or disclose PHI about you for “health care operations” include the following:
Reviewing and improving the quality, efficiency and cost of care that we provide to you and our other patients. For example, we may use PHI about you to develop ways to assist our health care providers and staff in deciding what medical treatment should be provided to others.
Reviewing and evaluating the skills, qualifications, and performance of health care providers taking care of you.
Assisting various people who review our activities. For example, PHI may be seen by practitioners reviewing the services provided to you, and by accountants, lawyers, and others who assist us in complying with applicable laws.
Planning for our organization’s future operations, and fundraising for the benefit of our organization.
Conducting business management and general administrative activities related to our organization and the services it provides, including providing info.
Complying with this Notice and with applicable laws.
4. We may use and disclose PHI under other circumstances without your prior written authorization. We may use and/or disclose your PHI under a number of circumstances in which you do not have to consent, give authorization or otherwise be given an opportunity to agree or object. Those circumstances include, but are not limited to:
When the use and/or disclosure is required by law. For example, when a disclosure is required by federal, state or local law or other judicial or administrative proceeding.
When the use and/or disclosure is necessary for public health activities. For example, we may disclose your PHI if you have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.
When the disclosure relates to victims of abuse, neglect or domestic violence.
When the use and/or disclosure is for health oversight activities. For example, we may disclose your PHI to a state or federal health oversight agency which is authorized by law to oversee our operations.
When the disclosure is for judicial and administrative proceedings. For example, we may disclose your PHI in response to an order of a court or administrative tribunal.
When the disclosure is for law enforcement purposes.
When the use and/or disclosure relates to medical research. Under certain circumstances, we may disclose your PHI for medical research.
5. We may contact you to provide appointment reminders. We may use and/or disclose PHI to contact you to provide a reminder to you about an appointment you have for treatment or medical care.
6. We may contact you with information about treatment, services, products or health care providers. We may use and/or disclose PHI to manage or coordinate your healthcare. This may include telling you about treatments, services, products and/or other healthcare providers.
Under any circumstances other than those listed above, we will ask for your prior written authorization before we use or disclose your PHI. If you sign a written authorization allowing us to disclose your PHI in a specific situation, you may later cancel your authorization in writing. If you cancel your authorization in writing, we will not disclose your PHI after we receive your cancellation, except for disclosures which were being processed before we received your cancellation.
II. YOUR RIGHTS.
A. You have the right to request restrictions on uses and disclosures of PHI about you.
You have the right to request that we restrict the use and disclosure of your PHI. We are not required to agree to your requested restrictions. However, if we do agree to your request we will abide by the restrictions except under the following circumstances: emergency treatment, disclosures to the Secretary of the Department of Health and Human Services, and uses and disclosures described in the previous section of this Notice. You may request a restriction by submitting your request in writing.
B. You have the right to request different ways to communicate with you. You have the right to request how and where we contact you about your PHI. For example, you may request that we contact you at your work address or phone number or by email. Your request must be in writing, via letter or e-mail, and we must accommodate reasonable requests.
C. You have the right to see and copy PHI about you. You have the right to request to see and receive a copy of PHI contained in clinical, billing and other records related to the services we provide to you. Your request must be in writing, via letter or e-mail. We may charge you related copying fees. Instead of providing you with a full copy of the PHI, we may give you a summary or explanation of the PHI about you, if you agree in advance to the form and cost of the summary or explanation. There are certain situations in which we are not required to comply with your request. Under these circumstances, we will respond to you in writing, stating why we will not grant your request and describing any rights you may have to request a review of our denial.
D. You have the right to request amendment of your medical record. You have the right to request that we make amendments to clinical, billing and other records used to make decisions about you. Your request must be in writing and must explain your reason(s) for the amendment. We may deny your request if: 1) the information was not created by us (unless you prove the creator of the information is no longer available to amend the record); 2) the information is not part of the records used to make decisions about you; 3) we believe the information is correct and complete; or 4) you would not have the right to see and copy the record as described in paragraph 3 above. We will tell you in writing the reasons for the denial and describe your rights to give us a written statement disagreeing with the denial. If we accept your request to amend the information, we will make reasonable efforts to inform others of the amendment, including persons you name who have received your PHI and who need the amendment.
E.You have the right to a listing of disclosures we have made. If you ask our contact person in writing, you have the right to receive a written list of certain of our disclosures of your PHI. You may ask for disclosures made up to six (6) years before your request (not including disclosures made prior to April 14, 2003). We are not required to include disclosures:
For your treatment
For billing and collection of payment for your treatment
For our health care practices
Requested by you, that you authorized, or which are made to individuals involved in your care, and
Allowed by law (for examples, please the section above).
The list will include the date of the disclosure, the name (and address, if available) of the person or organization receiving the information, a brief description of the information disclosed, and the purpose of the disclosure. If you request a list of disclosures more than once in 12 months, we may charge you a reasonable fee.
F. You have the right to a copy of this Notice. You have the right to request a paper or electronic copy of this Notice at any time. We will provide a copy of this Notice no later than the date you first receive services from us (except for emergency services, and then we will provide the Notice to you as soon as possible).
III. YOU MAY FILE A COMPLAINT ABOUT OUR PRIVACY PRACTICES.
If you think your privacy rights have been violated by us, or you want to complain to us about our privacy practices, you may contact the person listed below:
Optimized Health, LLC
7067 East Dale Lane
Scottsdale, AZ 85266
Email Address: firstname.lastname@example.org
You may also send a written complaint to the United States Secretary of the Department of Health and Human Services. If you file a complaint, we will not take any action against you or change our treatment of you in any way.
IV. EFFECTIVE DATE OF THIS NOTICE: March 16th, 2021