Privacy Policies

Refund Policy

No refunds will be provided to participants for any ABA/OT/PT or Speech therapy after services are rendered. If you are not satisfied with your ABA/OT/PT or Speech service please contact your regional coordinator to discuss the concern.

If you are registered for training, you may cancel within 2 weeks of the event for full refund. Within 2 weeks of the training, you may request a full refund or move the training event to a different date when available at no charge.

We may refund any prepaid training fees to you if there are circumstances beyond our control which cancel the training event such as: limited enrollment, inclement weather, power outages in the building, speaker cancellation due to illness.

Payment Policy

Behavior Analysis services are billed according to rates determined by funding sources (i.e., insurance companies). A determined amount you may be responsible for (i.e. copy, coinsurance), will be billed to you. If you are unclear of your benefits, please confirm them with your insurance provider or PA Regional Coordinator.

Private pay funded cases receive a contract for services with pay rates that are commensurate with provider credentials and sign this contract in advance before any services are rendered or billed.

Terms of Use

Please read this agreement carefully before using this website or its services. By using this website or its services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all of the terms and conditions of this agreement, do not use this website or its services. Use of this website and its services is expressly conditioned upon your assent to all of the terms and conditions of this agreement and to all applicable rules or guidelines provided herein or elsewhere within this website.

The website located at www.pediatricadvancement.com (the “Website”) is owned and operated by Pediatric Advancement . (“PA”), and is accessed by you under the following terms and conditions:

Access to the Website and Services. Subject to the terms and conditions of this Agreement, we may offer to provide certain content, products and/or services, as described more fully on the Website, and which in some instances are selected by you through the process provided on the Website (collectively, “Services”), solely for your own use, and not for the use or benefit of any third party. We may change, suspend or discontinue the Services at any time, including the availability of all or any of the individual components of the Services. We also may impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability. You are responsible for all of your activity in connection with accessing the Website and/or using the Services in compliance with this Agreement. Any fraudulent, abusive or otherwise illegal or unpermitted activity may be grounds for termination of your right to access the Website or the Services. You certify to us that if you are an individual (i.e., not a corporation or another entity), you are at least 13 years of age, and that, if you are under 18 years of age, you use the Website and/or Services only with involvement of a parent or guardian. You also certify that you are legally permitted to access the Website and use the Services, and take full responsibility for accessing the Website and selecting and using any of the Services. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Website and the Services. We will not be in default or be liable for any delay, failure in performance, compatibility or interruption of service resulting directly or indirectly from any cause beyond our reasonable control.

Registration and Security. As a condition to using the Services, you may be required to register with the Website and select a password and username (collectively, the “User ID”). You shall provide us with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not: (a) select or use as a User ID the name of another person with the intent to impersonate that person; or (b) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel, a User ID in our sole discretion. You shall be responsible for maintaining the confidentiality of your password.

Privacy Policy. Any personally identifiable information in electronic communications to the Website, or in connection with your use of the Website, is governed by our Privacy Policy, which is expressly made part of, and hereby incorporated into, this Agreement. You hereby acknowledge that you have read and understood the terms of our Privacy Policy. Website Content; Restrictions on Use The materials displayed or performed on the Website (including, but not limited to, text, graphics, interfaces, articles, photographs, images, illustrations, logos, audio clips and video clips, artwork and computer code, also known as the “Content”) are protected by U.S. and international copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You shall abide by all copyright notices, information and restrictions contained in any Content accessed through the Website and/or the Services. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as provided in this Agreement or with the written consent of PA,

you may not copy, download, upload, encode, modify, publish, post, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display or in any way exploit, any of the Content in whole or in part, other than for your personal use for non-commercial purposes. The Content displayed or provided on the Website is either the property of, or used with permission of PA. The use of any Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the Website. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You also are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Website are registered and unregistered Marks of ours and others protected by U.S. and international laws. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Website without the written permission of ours or such third party that may own the Marks displayed on the Website other than as set forth in this Agreement.

Your misuse of the Marks displayed on the Website, or any other Content on the Website, except as provided in this Agreement, is strictly prohibited. You shall not download or copy any Content or other items displayed on the Website for download, except for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content or such items in any form. Copying or storing any Content for other than personal, non-commercial use in violation of this Agreement is expressly prohibited without our prior written permission, or from the copyright holder identified in such Content’s copyright notice. We neither warrant nor represent that your use of the Content displayed on the Website will not infringe rights of third parties not owned by or affiliated with us. You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (a) continuously and automatically search or index any Content; (b) harvest personal information from the Website for purposes of sending unsolicited or

unauthorized material; (c) cause disruption to the working of the Website or any other person’s use of the Website; or (d) run Maillist, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are activated while you are not logged on. You may not transmit, or cause to be transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any of our users. If the Website contains robot exclusion files or robot exclusion headers, you agree to honor them. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or PA systems or networks, or any systems or networks connected to the Website. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to us via email at Info@pediatricadvancement.com

You do not have permission to gain unauthorized access to any portion of the Website, or any other systems or networks connected to the Website or to any PA server, or to any services offered on or through the Website, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of the Website, or any other client, employee or prospective employee of PA in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than your own information, as provided for by the Website.

Not Medical Advice. We are not intended to be, and you understand and agree that the Services do not constitute the provision or practice of medical, nursing, or professional health care advice or services in any jurisdiction. To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Website. The Content (including, without limitation, advice and recommendations) on the Website is intended solely as a general educational aid. The Content on the Website is not intended nor implied to be, and you will not use it as, a substitute for professional medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem.

Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any questions you may have regarding a medical condition. We do not specifically recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Website. Reliance on any information provided by us, our employees or others appearing on the Website or other users of the Website is solely at your own risk. No test or procedure should be carried out unless, in the provider’s judgment, its risk is justified. When taking any prescription drug, you should always consult your doctor. You understand that you should never disregard professional medical advice or delay in seeking treatment based on the information provided on the Website. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. If the Content contained on the Website contains medical or health sciences information, it is intended for professional use within the medical field.

We and our agents assume no responsibility for any consequence relating, directly or indirectly, to any action or inaction you take based on the information, services or other content on the website. While we strive to keep the information on the website accurate, complete and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, currency, completeness, suitability or timeliness of the content on the website. We have no obligation to monitor the website or any communication that you transmit to the website. Your use of the website is subject to the additional disclaimers and caveats that may appear in this agreement, throughout the website and in our privacy policy. If you think you may have a medical emergency, call your doctor or 911 immediately.

Warranty Disclaimer. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Website. We make no representations concerning any Content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, currency, completeness, suitability, timeliness, copyright compliance, legality or decency of Content contained in or accessed through the Website, or for any human and/or technical error.

The website, the services and content are provided on an “As is” and “As available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to user. No advice or information, whether oral or written, obtained by you from us or through the website shall create any warranty not expressly made herein.

We have not reviewed all of the websites linked to the Website and are not responsible for the content of any off-site pages or any other websites linked to the Website. Your linking to any other off-site pages or other websites is at your own risk. The links to these off-site pages are provided only for your convenience. Indemnity You will indemnify, hold harmless, and at our request, defend us, our parents, subsidiaries, licensors, suppliers, affiliates, officers, directors, managers, shareholders, members and employees, harmless from any and all claims, losses, damages (actual and consequential), suits, judgments, costs and reasonable attorneys’ fees, of every kind and nature made by any third party due to or arising out of your access to the Website, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Limitation of Liability

Without limiting the applicability of the foregoing, in no event shall we be liable with respect to the website or the services: (a) for any indirect, incidental, punitive, reliance, special, consequential, exemplary or consequential damages of any kind whatsoever, whether foreseeable or unforeseeable, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise; or (b) personal injury/wrongful death. Some jurisdictions do not allow the exclusion or limitation of such incidental or consequential damages, so the above limitations and exclusions may not apply to user.

If, not with standing the foregoing, liability can be imposed on us, then we agree that our aggregate liability for any and all losses or injuries arising out of any act or omission of ours shall never exceed one hundred US Dollars and no cents ($100.00). Any claims arising in connection with your use of the website, the services or any content must be brought within one (1) year of the date of the event giving rise to such action. Remedies under this agreement are exclusive and are limited to those provided for herein.

Termination

We may terminate the Services at any time, with or without notice. We also may terminate or suspend any and all Services and your access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification provisions.

Miscellaneous

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified as set forth in this Agreement. The Website is controlled and operated by PA LLC. We assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, worms, Trojan horses, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any Content from the Website.

We make no representation that materials in the Website are appropriate or available for use in other jurisdictions. Those who choose to access the Website from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission, if and to the extent such laws are applicable. Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Florida without giving effect to its choice of law rules. You expressly agree that jurisdiction for any claim or dispute relating to or arising out of this Agreement resides exclusively in the courts of Martin County in the State of Florida, and expressly consent to the personal jurisdiction thereof.

If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or we may at our option instead terminate this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at our sole discretion.

This Agreement shall be binding upon and shall insure to the benefit of the parties, their heirs, executors, administrators, successors and permitted assigns. No delay or failure to take action under this Agreement shall constitute any waiver by us of any provision of this Agreement. Notwithstanding anything to the contrary, nothing in this Agreement waives or limits extra-contractual rights or remedies available to us to protect our rights or property, including, but not limited to, those available under U.S. copyright law, international treaties or copyright or intellectual property laws of the countries in which the Website or Services are used.

Notification of Changes

We reserve the right, at our sole discretion, to modify, amend or otherwise update this Agreement at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such changes. Please check the Website frequently to see recent changes to this Agreement. Use of the Website or the Services by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

Contact Information

If you have any questions or concerns regarding PA, this Agreement or the Website, please contact us as follows. You should know that any email or Internet correspondence between us has the same effect as a written document under the law. E-mail: Info@pediatricadvancement.com This Agreement is effective as of February 1, 2018 – current.

PA Notifications Terms of Use

PA notifications or its services. By using di notifications or its services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all of the terms and conditions of this agreement, do not use di notifications or its services. Use of di notifications and its services is expressly conditioned upon your assent to all of the terms and conditions of this agreement and to all applicable rules or guidelines provided herein or elsewhere within this website.

When you opt-in to the PA NOTIFICATIONS service owned and operated by Pediatric Advancement (PA), we will send you an SMS message to confirm your signup.
This service is used to send you notifications about your family member’s services at PA. Users will receive messages relating to documents needing signature, availability, scheduling, case acceptance, telehealth appointment reminders, natural disaster contingency, pandemic/epidemic notifications, and other critical alerts. Message frequency varies per user.
You can cancel this service at any time. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
If at any time you have questions on using our service, CONTACT Info@pediatricadvancement.com. Upon your email, instructions will be sent to schedule a virtual meeting. Due to high demand, please allow us 24-48 hours to respond.
If you have any questions regarding privacy, see our privacy policy.

Privacy Policy

PA Behavior Service, Inc. (“PA”) is committed to providing you with a website experience that respects and protects your personal privacy choices and concerns. The PA website located at www.pediatricadvancement.com (the “Website”) is designed to provide you with useful information about us and our services and with employment opportunities. The Website does not promote or sell products of any kind; we do hope, however, that the information we provide on the Website encourages you to use or join our organization as a client or employee.

This Privacy Policy describes how we collect information from or about you online through the Website, why we collect this information, how we will use or disclose this information, and how you may update or delete identifiable information about you from our records. This Privacy Policy covers information that we gather when you are accessing the Website. This Privacy Policy does not apply to the practices of companies whom we do not own or control, or to individuals that we do not employ or manage.

By visiting the website, you acknowledge that you accept the practices and policies outlined in this privacy policy. If you do not agree to the terms and conditions of this privacy policy, please do not visit or use the website.

Information We Gather. In an effort to provide the Website visitors with the most useful information, we collect a limited amount of information about visits to the Website, including the number of visits to the Website, the date and time of day of these visits, and the pages visited. This information helps us to evaluate the effectiveness of the Website, improve the information available to Website visitors and improve Website performance. In addition, if you elect to register with the Website to receive newsletters, event information and/or other PA news and information, you will be required to provide us your first and last name, home phone number, a home or other physical address, and an email address, and/or other contact information, whether work or home.

Personal Information Collected Automatically. Our website tracking program does not provide us with personal information about the Website visitors; however, as is true of most websites, we gather certain information about visitors to the Website and store it in log files. This information includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, on an aggregate, anonymous basis without identifying individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather demographic information about our user base as a whole. We do not link this automatic data to personally identifiable information, except, in rare instances, we reserve the right to use IP addresses to identify individuals who threaten the Website, PA or others. As part of this use of information, we may provide aggregate, anonymous information to our partners about how our users, collectively, use the Website. Again, we never disclose aggregate, anonymous information to a partner in a manner that would identify you personally.

Email Security

Messages that you send to us by email (via the Contact Us links on the Website pages) may not be secure. If you choose to send any confidential personal information to us via email, you accept the risk that a third party may intercept and use this information.

Cookies

PA does not use cookies on its Website other than if you decide to opt-in for emails and click the “remember me” box, and we will not write a cookie to your hard drive when you visit the Website except in such instances.

Web Beacons and Other Mechanisms

There are other mechanisms we may use (such as web beacons and tags) that enable us to obtain certain Website usage information. When we send you emails, we may include a web beacon to allow us to determine the number of people who open our emails. When you click on a link in an email, we may record this individual response to allow us to customize our offerings to you. Web beacons collect only limited information, such as a time and date of a page being viewed, and a description of the page on which the web beacon resides (the URL). Web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

Use of Information

PA is the sole owner and user of the information collected on the Website. We will not sell, give, share, or rent this information to others in ways different from what is disclosed in this Privacy Policy; provided that PA may provide such information to its authorized agents or partners in order to conduct its business in the ordinary course. In addition, certain vendors providing services to us may have access to limited information, but all such vendors are subject to confidentiality restrictions. In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if our company, or substantially all of our assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.

You acknowledge that these transfers may occur, and that any acquirer of our company or our assets may continue to use your personal information as set forth in this Privacy Policy. We may release personal information when we believe in good faith that release is necessary to comply with law or court order; enforce or apply our conditions of use (such as this Privacy Policy or our Terms and Conditions) and other agreements, or protect our rights, property or safety, or that of our employees, our users or others. This includes exchanging information with other companies and organizations for fraud protection or security violations, including any harmful, infringing or illegal activity. Our disclosures may occur under circumstances where we may not be authorized to advise you of such action.

Employment Inquiries

The Website has an employment page for interested job seekers. We provide you the option of putting your resume in our database and applying to specific job openings with PA. The functionality associated with this part of the Website requests users’ contact information (such as email address) and personal information (such as work histories and academic achievements). The user’s contact and personal information is used to contact the user in connection with potential job opportunities. This information may be retained by PA for any period of time, subject to applicable law.

Your Choices

The Website allows a visitor to sign-up to receive newsletters, alerts and emails from PA. You may always (a) opt-out from our mailing list, (b) update certain information about you after you register with us, or (c) request deletion of your account with us, in each case by going to: www.pediatricadvancement.com, logging on to your account, clicking the Update Profile menu and, at the bottom of the page, selecting NO to unsubscribe from our mailing list and clicking the update button. An unsubscribe link is also contained in each email sent. When you update information, however, we often maintain a copy of the unrevised information in our records. In addition, please note that some information may remain in our records after deletion of your account.

We reserve the right to notify you of changes or updates to the Website whenever necessary. If you do not wish to receive email or other mail from us, please opt-out using the procedure indicated in the paragraph above. Please note that if you do not want to receive legal notices from us such as this Privacy Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing these legal notices for changes.

Third-Party Links

The Website may contain links to websites that are neither owned by nor controlled by PA. Once you leave the Website, this Privacy Policy no longer applies, and you will be subject to the privacy policies, if any, of the other website which may differ from this Privacy Policy in important ways. PA has no responsibility for the privacy practices or the content of websites it does not control or own. The links from the Website that go to other websites are for convenience only, and do not imply that we endorse or approve of those websites.

We have no control over the content found on other websites and make no warranties or representations as to the accuracy or adequacy of any information found at such websites. Similarly, we are not responsible for information found on or through the Website and which is generated by third parties. We are not responsible for any loss, injury, claim, liability or damage related to your use of the Website or other linked websites, whether from errors or omissions in the content of the Website or any other linked websites, from the Website being down or from any other use of the Website. Your use of the Website and others’ websites is at your own risk.

We are not responsible for the privacy practices of other websites that are linked to us. Remember that any information you voluntarily post on discussion boards, social media websites or elsewhere may be accessible by other users and is public information.

PA Email Links

We provide an email address link located on the Contact Us page so that you may email us directly with any questions or comments. PA endeavors to read messages received and to respond promptly. In addition to replying to your comment or inquiry, we may also file your email for future reference regarding improvements to the Website.

Security

The security of your personal information is important to us. We use reasonable precautions to protect the personal information we receive. Nonetheless, no website is completely secure and we cannot guarantee the security of such information. As a result, although we take appropriate measures to safeguard against unauthorized disclosures of personal information, you acknowledge that: (a) we cannot guarantee you that the information we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy; (b) there are security and privacy limitations of the Internet and wireless networks which are beyond our control; (c) the security, integrity and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (d) any such information and data may be viewed or tampered with in transit by a third party. If you have any questions about security or privacy on the Website, you can contact us at developmentalimprovements.com

A Special Note about Children

The Website is not designed or intended for use by children under 13. If you are under 18, you should access or use the Website only with involvement of a parent or guardian. Children under 13 may not submit any personal information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it. We comply with the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm) and will not knowingly collect personally identifiable information from, anyone under 13.

Notification of Changes

PA uses the information collected from you in accordance with this Privacy Policy in effect when the information was collected. From time to time, we may amend, modify, alter or otherwise update this Privacy Policy; for example, in light of new technology, a change in applicable law, or as our business needs or other facts dictate. If PA decides to change the type of information it collects, how we use it, or under what circumstances, if any, we may disclose it, we will post a notice of these changes on the Website. Please check the Website frequently to see recent changes to this Privacy Policy.

Contact Information. If you have any questions or concerns regarding privacy at the Website, please contact us as follows: Info@pediatricadvancement.com This Privacy Policy is effective as of February 1, 2018.

HIPAA Notice of Privacy Practices

Notice of Privacy Practices

This notice describes how medical information about you or your child may be used and disclosed and how you can get access to this information. Please review it carefully. We keep a record of the health care services we provide you. You may ask us to see and copy that record. You may also ask us to correct that record. We will not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so. You may see your record or get more information about it by contacting DI’s privacy officer at the address listed in section iv below.

PA is dedicated to maintaining the privacy of our Clients’ individually identifiable health information (also called protected health information, or PHI). In conducting our business, we will create records regarding the Client and the treatment and services we provide. We are required by law to maintain the confidentiality of health information that identifies clients. We also are required by law to provide this notice of our legal duties and the privacy practices that we maintain in our practice concerning Client’s PHI. By federal and state law, we must follow the terms of the Notice of Privacy Practices that we have in effect at the time.

We realize that these laws are complicated, but we must provide you with the following important information:

The terms of this notice apply to all records containing a Client’s PHI that are created or retained by PA. We reserve the right to revise or amend this Notice of Privacy Practices. Any revision or amendment to this notice will be effective for all our records created or maintained in the past, and for any records that we may create or maintain in the future. PA will post a copy of our current Notice in our offices in a visible location at all times, and you may request a copy of our most current Notice at any time.

1. HOW DI WILL USE AND DISCLOSE PHI.

PA may use and disclose a Client’s PHI for many different reasons. Some of the uses or disclosures will require your prior written authorization; others, however, will not. Below you will find the different categories of our uses and disclosures, with some examples.

Uses and Disclosures Related to Treatment, Payment, or Health Care Operations Do Not Require Prior Written Consent. PA may use and disclose a Client’s PHI without consent for the following reasons:

For treatment. PA may disclose PHI to physicians, psychiatrists, psychologists, behavior interventionists and other licensed health care providers who provide a Client with health care services or are otherwise involved in his or her care. Example: If a psychiatrist is treating a Client, PA may disclose PHI to her/him in order to coordinate services.

For health care operations. PA may disclose PHI to facilitate the efficient and correct operation of the services it provides. Examples: Quality control – PA might use PHI in the evaluation of the quality of services that a Client receives or to evaluate the performance of the Behavior Interventionists who provided these services. PA may also provide PHI to company attorneys, accountants, consultants, and others to make sure that PA is in compliance with applicable laws.

To obtain payment for treatment. PA may use and disclose PHI to bill and collect payment for the treatment and services PA provided.

Example: We might send PHI to the Client’s Regional Center or insurance company in order to get payment for the services that PA has provided. PA could also provide PHI to business associates that provide services for PA.

Certain Other Uses and Disclosures Do Not Require Consent. PA may use and/or disclose PHI without consent or authorization for the following reasons:

Required By Law. When disclosure is

A. Required by federal, state, or local law; judicial, board, or administrative proceedings; or, law enforcement
B. Compelled by a party to a proceeding before a court, arbitration panel or an administrative agency pursuant to its lawful authority
C. Required by a search warrant lawfully issued to a governmental law enforcement agency or
D. Compelled by the patient or the patient’s representative pursuant to state or federal statutes of regulations, such as the Privacy Rule that requires this Notice.

To avoid harm. When disclosure

A. To law enforcement personnel or persons may be able to prevent or mitigate a serious threat to the health or safety of a person or the public
B. Is compelled or permitted by the fact that the Client is in such mental or emotional condition as to be dangerous to him or herself or the person or property of others, and if PA determines that disclosure is necessary to prevent the threatened danger
C. Is mandated by state child abuse and neglect reporting laws (for example, if we have a reasonable suspicion of child abuse or neglect)
D. Is mandated by state elder/dependent abuse reporting law (for example, if we have a reasonable suspicion of elder abuse or dependent adult abuse); and
E. If disclosure is compelled or permitted by the fact that you or your child tells us of a serious/imminent threat of physical violence against a reasonably identifiable victim or victims.

For public health activities. When disclosure is for:

A. Maintaining vital records, such as births and deaths
B. Preventing or controlling disease, injury or disability
C. Notifying a person regarding potential exposure to a communicable disease
D. Notifying a person regarding a potential risk for spreading or contracting a disease or condition; (d) reporting reactions to drugs or problems with products or devices; or
E. Notifying individuals if a product or device they may be using has been recalled.

For health oversight activities:

PA may disclose PHI to a health oversight agency for activities authorized by law. Oversight activities can include, for example, investigations, inspections, audits, surveys, licensure and disciplinary actions; civil, administrative and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws and the health care system in general.

For specific government functions. Examples:

PA may disclose PHI of military personnel and veterans under certain circumstances.

For Workers’ Compensation purposes:

PA may provide PHI in order to comply with Workers’ Compensation laws.

Appointment reminders and health related benefits or services. PA is permitted to contact you, without prior authorization, to provide appointment reminders or information about alternative or other health-related benefits and services that may be of interest.

Certain Uses and Disclosures Require You to Have the Opportunity to Object. Disclosures to family, friends, or others. PA may provide PHI to a family member, friend, or other individual who you indicate is involved in the Client’s care or responsible for the payment of health care, unless you object in whole or in part. Retroactive consent may be obtained in emergency situations.

Other Uses and Disclosures Require Your Prior Written Authorization. The following uses and disclosures will only be made if PA has obtained written authorization from the Client or the Client’s parent or guardian: uses and disclosures for marketing purposes; uses and disclosures that constitute the sale of PHI; most uses and disclosures of psychotherapy notes; and other uses and disclosures not described in this Notice.

Therapy Notes: PA keeps “therapy notes”, also referred to as progress notes.. Any use or disclosure of such notes requires your authorization unless the use or disclosure is:

For our use in training or supervising other mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy.

For our use in defending myself in legal proceedings instituted by you. For use by the Secretary of Health and Human Services to investigate our compliance with HIPAA.

Required by law, and the use or disclosure is limited to the requirements of such law.

Required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes.

Required by a coroner who is performing duties authorized by law.

Required to help avert a serious threat to the health and safety of others.

PA will not sell or disclose any PHI for marketing purposes.

PA will not disclose your information, including PHI, for fundraising purposes.

2. RIGHTS REGARDING PHI

These are your rights with respect to PHI: The Right to See and Get Copies of PHI. In general, you have the right to see PHI that is in PA’s possession, or to get copies of it; however, you must request it in writing. PA will provide access to the PHI within five (5) days of receipt of the written request. If PA does not have the PHI, but PA knows who does, PA will advise you how you can get it. You will receive a response from PA within 5 days of receipt of your written request. Under certain circumstances, PA may deny your request, but PA will give you, in writing, the reasons for the denial. PA will also explain your right to have the denial reviewed. If you ask for copies of PHI, PA will charge you a reasonable fee, not to exceed $0.25 per page. PA will provide copies of PHI within fifteen (15) days of receipt of the request. PA may elect to provide you with a summary or explanation of the PHI, but only if you agree to it, as well as to the cost, in advance.

The Right to Request Limits on Uses and Disclosures of PHI. You have the right to ask that PA limit how it uses and discloses PHI. While PA will consider your request, PA is not legally bound to agree. If PA does agree to your request, PA will put those limits in writing and abide by them except in emergency situations. You do not have the right to limit the uses and disclosures that PA is legally required or permitted to make. You have the right to restrict PA’s disclosure of PHI to health plans if you (or a third party on your behalf) has paid for the services out of pocket and in full.

The Right to Choose How PA Sends PHI to You. It is your right to ask that PHI be sent to you at an alternate address (for example, sending information to your work address rather than your home address) or by an alternate method (for example, via email instead of by regular mail). PA is obliged to agree to your request providing that PA can give you the PHI, in the format you requested, as long as the format is readily producible.

The Right to Get a List of the Disclosures PA Has Made. You are entitled to a list of disclosures of PHI that PA has made. The list will not include uses or disclosures to which you have already consented, i.e., those for treatment, payment, or health care operations, sent directly to you, or to your family; neither will the list include disclosures made for national security purposes, to corrections or law enforcement personnel, or disclosures made before April 15, 2003. After April 15, 2003, disclosure records will be held for six years. PA will respond to your request for an accounting of disclosures within 60 days of receiving your request.

The list PA gives you will include disclosures made in the previous six years (the first six year period being 2003-2009) unless you indicate a shorter period. The list will include the date of the disclosure, to whom PHI was disclosed (including their address, if known), a description of the information disclosed, and the reason for the disclosure. PA will provide the list to you at no cost, unless you make more than one request in the same year, in which case PA will charge you a reasonable sum based on a set fee for each additional request.

The Right to Amend Your PHI

If you believe that there is some error in your PHI or that important information has been omitted, it is your right to request that PA correct the existing information or add the missing information. Your request and the reason for the request must be made in writing. You will receive a response within ten (10) days of my receipt of your request. PA may deny your request, in writing, if PA finds that: the PHI is

The denial must be in writing and must state the reasons for the denial. It must also explain your right to file a written statement objecting to the denial. If you do not file a written objection, you still have the right to ask that your request and my denial be attached to any future disclosures of your PHI. If PA approves your request, PA will make the change(s) to your PHI. Additionally, PA will tell you that the changes have been made, and PA will advise all others who need to know about the change(s) to your PHI.

The Right to Receive Breach Notification. You have a right to receive notice in the event that your PHI is acquired, accessed, used, or disclosed in a manner not permitted by law which compromises the security or privacy of the PHI. This includes your right to be notified following a data breach. The Right to Get This Notice by Email. You have the right to get this notice by email or to obtain a paper copy.

3. PHI BREACHES

PA shall notify clients/families by providing notice in written form by first-class mail, or alternatively, by e-mail if the affected client has agreed to receive such notices electronically. PA may also post the notice on the home page of its web site for at least 90 days or by providing the notice in major print. PA will provide a toll-free phone number that remains active for at least 90 days where individuals can learn if their information was involved in the breach. PA clients/families that may have insufficient or out-of-date contact information shall be provided substitute notice by an alternative form of written notice, by telephone, or other means.

4. HOW TO COMPLAIN ABOUT PA PRIVACY PRACTICES

If, in your opinion, PA may have violated the Client’s privacy rights, or if you object to a decision PA made about access to PHI, you are entitled to file a complaint with the person listed in Section IV below. You may also send a written complaint to the Office for Civil Rights, Secretary of the Department of Health and Human Services at 200 Independence Avenue S.W. Washington, D.C. 20201. If you file a complaint about PA’s privacy practices, PA will take no retaliatory action against you.

5. PERSON TO CONTACT FOR INFORMATION ABOUT THIS NOTICE OR TO COMPLAIN ABOUT PA’S PRIVACY PRACTICES

If you have any questions about this notice or any complaints about PA’s privacy practices, or would like to know how to file a complaint with the Secretary of the Department of Health and Human Services, please contact us at: Info@pediatricadvancement.com

6. EFFECTIVE DATE OF THIS NOTICE OF PRIVACY PRACTICES

This Notice of Privacy Practice became effective as of January 1st, 2014 and has been updated as of July 28th, 2020. PA will abide by and may change the terms of this Notice at any time. PA may, at its discretion, make the new terms effective for all PHI in our possession, including any PHI created or received before the new Notice is issued via email.