OVERVIEW

 

By accessing the Site (as defined herein), you agree to these Terms of Service, which are an agreement between you and healthŌme Inc., an Alabama corporation (“healthŌme", "we", "us") concerning your access to, and use of, various products and services offered through our website and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”). By accessing, browsing, and/or using the Site, you accept and agree to be bound by the Terms of Service, Arbitration Notice, the Privacy Policy and the terms, conditions, policies and notices stated or referenced therein (collectively, the “Terms of Service”).  Please read these Terms of Service carefully before accessing or using our Site because your use of the Site means that you agree to these Terms of Service.  If you do not agree to all of these Terms of Service, do not access or use the Site. These Terms of Service may change. If we revise and update these Terms of Service, your continued use of healthŌme and the Site will mean that you accept these changes. You choose whether or not to use healthŌme and the Site. If you do not agree to all of these Terms of Service, please do not use healthŌme and the Site. 

healthŌme offers the Site, including all information and content with in the Site (collectively, the “Content”) and various services (the “Services”) to you, the user (including, without limitation, browsers, vendors, customers, merchants, and/ or contributors of content) conditioned upon your acceptance of these Terms of Service      and compliance with all applicable laws and regulations. Your use of certain features or components of our Site, access to certain Services may be limited to those users that have registered an account with us. 

Please note that certain sections of the Site may be intended only for particular audiences such as health care professionals, patients and/or the general public.  All Content including images, text documents, audio, video, and interactive media published on the Site is presented in summary form and is provided for informational purposes only.  The Content is intended to help individuals better understand certain health conditions and treatment options. The Content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a qualified health care provider who has had an opportunity to interact with the individual directly, with access to the individual’s medical records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment.             

Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition.  Neither the Content nor any other Services offered by or through the Site is intended to be relied on for medical diagnosis or treatment without a qualified healthcare provider's interaction and involvement. Never disregard medical advice or delay in seeking advice or treatment because of something you have read on the Site.

Any new features, tools or services which are added to the current Site shall also be subject to these Terms  of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. Any such changes will be effective as of the date of posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site (including the Content)      to obtain any Services following the posting of any changes constitutes your acceptance of those changes. Your sole remedy for any disagreements or issues with the changes to the Terms of Service is to immediately discontinue your use of the Site (including the Content and the Services).

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence.

I.               SERVICES

We offer various Services to our users that are offered by healthŌme or its third-party providers, including, but not limited to, healthcare providers, clinical laboratories,      and/or other vendors. By accepting these terms you agree that we can use User Information (defined below) information to contact you in connection with the Services and Site, all in accordance with our [PRIVACY POLICY]. 

As further described below, our Services may include:  (i) interpretation of genetic testing results provided by licensed and qualified health care providers; (ii) genetic counseling services provided by licensed and qualified genetic counselors; (iii) genetic testing services provided by clinical laboratories and other vendors; and (iv) if a user is diagnosed with certain conditions that may benefit from genetic-based treatment services:  (w) creation of a precision treatment report by licensed and qualified health care providers; (x) peer-to-peer consultation with your treating physician by licensed and qualified health care providers; (y) clinical trial enrollment support; and (vii) assistance with navigation of care from diagnosis through treatment by a licensed and qualified nurse navigator].  These Services will be made available through the Site and also are subject to these Terms of Service. By accepting these Terms of Service, you agree that any Services you receive from any third-party medical practices, including their qualified healthcare providers; genetic counselors; clinical laboratories and other vendors, also are subject to these Terms of Service, and the third-party medical practices, genetic counselors, clinical laboratories, and other vendors, are third-party beneficiaries of these Terms of Service. 

From time to time, we may modify or update the descriptions of our Services contained in this Section II or elsewhere on the Site. We also reserve the right at any time to discontinue a Service (or any part thereof). You agree and understand that we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Service.

Our Services currently are available only to individuals who are located in the United States of America (“States”) and who are at least eighteen (18) years of age or older (or at least the age of majority in their jurisdiction of residence).

Genetic Testing Services  

We may provide access to genetic testing services offered by clinical laboratories (“Laboratories”), including Kailos Genetics, Access Genetics, and Protean Biodiagnostics.

If you wish to be connected with the Laboratories through the Site, you understand and agree that you are providing your personal health information to, and receiving genetic testing from, such Laboratories, and not healthŌme. Please review our [PRIVACY POLICY] for more information on healthŌme’s uses and disclosures of your personal data. The Laboratories may be governed by federal or applicable State privacy rules that may not be applicable to healthŌme. Please review the Laboratories’ websites for more information about the Laboratories’ use and disclosure of your personal data. You understand that the Laboratories’ Notice of Privacy Practices applies solely to the Laboratories, and not healthŌme. 

By accepting these Terms of Service, you acknowledge and accept that healthŌme is not a Laboratory. When you use the Services, you understand that we are simply connecting you to the Laboratories. HEALTHŌMEMAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, OR TIMELINESS OF THE LABORATORIES, AND IS NOT RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE LABORATORIES. 

Genetic Testing Ordering, Interpretation and Counseling Services

healthŌme offers nurse navigation services as described above, but does not engage in the practice of medicine or otherwise provide clinical services.  Instead, healthŌme may make certain genetic testing, genetic counseling services and second opinion/treatment decision support available to you by facilitating your access to third-party medical providers and genetic counselors. By using these Services, you understand and agree that you are not establishing a physician-patient relationship or other provider-patient relationship with healthŌme by using the Service.

The Services include access to third-party licensed and qualified healthcare providers and genetic counselors (each, a “Provider” and collectively, the “Providers”) through one or more licensed medical practices that have agreed to provide professional services to individuals who obtain Services through healthŌme, including SteadyMD and      Protean Biodiagnostics (collectively, the “Practices”).  By using the Services, you may be entering into a physician-patient relationship or other provider-patient relationship with the Practices or one or more of their respective Providers.  You understand that telemedicine and telecounseling services may not be a substitute for in-person care in all cases, and the Practices or your Providers may need to refer you to other service providers. 

Before obtaining genetic testing or genetic counseling services through the Site, you will be required to review and provide informed consent in order to obtain such Services.  The Practices’ Telemedicine Consent will be provided to you at the time you order your testing.  You agree that healthŌme is a third-party beneficiary of such consent and has the right to enforce it against you.

Through the Site, the Practices and Providers may order genetic tests that will be processed by the Laboratories, review the results of such genetic testing, and provide you with genetic counseling about such results. You understand and agree that the Practices and Providers are solely responsible for the clinical interpretation and counseling services that they provide to you. healthŌme is not responsible for the Practices’ or Providers’ acts, omissions or for any content of the communications made by them. In certain cases, a Provider may recommend that your genetic testing results should be shared with a healthcare provider or requires healthcare services that are not offered by the Practices or Providers, in which case, you will be notified accordingly and you will not be able to use the Services for that clinical issue.

If you wish to be connected with the Practices or Providers through the Site, you understand and agree that you are providing your personal health information to, and receiving genetic testing and counseling from such Practices or Providers, and not healthŌme. Please review our [PRIVACY POLICY] for more information on healthŌme’s uses and disclosures of your personal data. The Practices and Providers may be governed by federal or applicable State privacy rules that may not be applicable to healthŌme. Please review the Practices’ websites for more information about the Practices’ and Providers’ use and disclosure of your personal data. You understand that the Practices’ Notice of Privacy Practices applies solely to the Practices and Providers, and not healthŌme. 

HEALTHŌME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, SUITABILITY, RELIABILITY OR TIMELINESS OF THE PRACTICES OR PROVIDERS AND IS NOT RESPONSIBLE FOR ANY OF THE SERVICES PROVIDED BY THE PRACTICES OR PROVIDERS. 

HEALTHŌME AND USER-GENERATED CONTENT

Our Site may also contain Content, which includes, but is not limited to, information regarding our Services, blogs, and other information (whether in text, audio, graphics, and/or video) provided by healthŌme, third parties, or other users. You may access and use the Content on the Site only as permitted under these Terms of Service and the Privacy Policy. You agree that you will not use, copy or distribute any of the Content other than as expressly provided herein. You understand that by using the Site, you may be exposed to Content that may be offensive, indecent or objectionable, and you agree that we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you.

healthŌme Content

All Content presented by healthŌme is intended to be used for personal, educational or informational purposes only. Any reliance on the Content is at your own risk. You agree and understand that we are not responsible if any Content made available on the Site, or as part of a Service, is not accurate, complete or current. We reserve the right to modify the Content at any time, but we have no obligation to update any of the Content. You agree that it is your responsibility to monitor any changes to the Content.

User-Generated Content 

As part of our Services, we may provide various social media and interaction tools such as forums, posting comments and reviews. These Terms of Service govern your participation in such social media tools. You understand that we are not liable for any statements, representations, links or Content provided by our users in any forum on the Site (such Content shall be referred to as “User-Generated Content”) or any Third-Party Site (defined below). User-Generated Content, if displayed, is displayed for informational purposes only. We cannot and do not guarantee the accuracy, integrity or quality of User-Generated Content. You will not hold us liable in any way for (i) any errors or omissions in any User-Generated Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any User-Generated Content. PLEASE NOTE: YOU ARE PROHIBITED FROM POSTING ANY USER-GENERATED CONTENT THAT INCLUDES INFORMATION PROTECTED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND IT ACCOMPANYING REGULATIONS (“HIPAA”).

YOUR OBLIGATIONS; YOUR REPRESENTATIONS AND WARRANTIES

In addition to any other obligations set forth in these Terms of Service, you understand and agree that you are solely responsible for maintaining the security of your account. You are also solely and fully responsible for all activities that occur under your username and any other actions taken in connection with your account. You agree to immediately notify us in writing of any unauthorized use of this Site or any other breaches of security. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions. 

You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to use the Site and access the Services, including but not limited to, a device with a video camera and Internet access. We reserve the right to change the access configuration, including any software, hardware or other requirements at any time and without prior notice. 

You shall submit only truthful, complete, and accurate information through the Site.  

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, gender expression, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site (and any Services) for any purpose, in our sole discretion. 

By submitting any Content via the Site (such Content shall be referred to as “User Information”), you further represent and warrant that:  

• You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions in User Information to permit use of User Information in the manner contemplated by these Terms of Service);

• User Information does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

• All “moral rights” that you may have in User Information have been voluntarily waived by you;

• To the extent applicable, you shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising;

• User Information is accurate;

• You are at least 18 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Service; 

• User Information does not cause injury to any person or entity or violate any obligations you may have with a third party;

• User Information is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

• User Information does not contain any computer viruses, worms or other potentially damaging computer programs or files;

• User Information Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and

• Your Content does not violate these Terms of Service, the Privacy Policy or any applicable law, rules or regulations.

 

You understand that we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Except as otherwise provided in these Terms of Service, you understand and agree that User Information will be treated as non-confidential and non-proprietary information.

healthŌme may use your User Information for various purposes, including to help us better design our Services, including the selection of Services, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.  We also may de-identify PHI and use such de-identified data for research or marketing purposes, or any other purpose not prohibited by law and for any other purpose specified in our Privacy Policy [LINK].

FEES

At this time, all costs for your use of the Site and Services are covered by your insurance policy.  Neither healthŌme nor the Laboratories or Practices or Providers will charge you for Services rendered through the Site.  

In the future, healthŌme may offer add-on or additional products or services (collectively, the “New Service Offerings”) for which it may charge fees.  Any fees associated with the New Service Offerings will be clearly labelled, and you may not be able to avail yourself of such New Service Offerings without paying the stated fees.  You agree that you will provide complete and accurate credit card information, which will be charged for all amounts due and payable for the New Service Offerings.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of any New Service Offerings. You also agree to pay for the shipping and handling charges, if any, shown at the time you make a purchase.  

In order to obtain the New Service Offerings, if any, offered through the Site, you may be required to pay a “total” price for the New Service Offerings. However, if a product or service you purchase required a consultation with a Provider and/or includes a genetic or other test performed by the Laboratories, then the total price you pay will include the amount charged by the Laboratories for the test performed, and the amount charged by the Provider for services rendered, as well as the amount we charge for use of and access to the Site and Services. We collect the amounts charged by the Practices and their Providers and the Laboratories on their behalf, and pass the applicable amounts through to them.

By agreeing to use the Site, you acknowledge and agree that you have the financial responsibility for all New Service Offerings provided to you.  We reserve the right to refuse any order you place with us or limit or cancel quantities in our sole discretion. If we make a change to or cancel an order, we may attempt to notify you by contacting you through your account, or via email, text, phone number or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

THIRD PARTIES; THIRD-PARTY LINKS

You acknowledge and understand that certain of healthŌme’s shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more third parties providing the Services, and may profit from your use of such Services.

Further, certain Content and Services available on the Site may include materials from third parties, including but not limited to certain Laboratories, Practices and Providers further described herein. You understand and agree that healthŌme has no responsibility for the accuracy, suitability or reliability of such third-party Content and/or any services provided by such third parties, including but not limited to services provided by the Laboratories, Practices and Providers, even if such service is included as part of the Service to you. You also understand and agree that these third parties, including but not limited to the Laboratories, Practices and Providers, may send you or otherwise make available to you, on their websites or otherwise, additional terms and/or policies. By using the Site and/or Service, you are agreeing to such third-party terms and policies. You understand and agree that we are not involved in and have no control over any such additional terms or policies and therefore, you hereby understand and agree that we will have no liability, and we hereby disclaim all liability arising out of or in connection with, a breach by such third party of such third-party terms or policies.

Third-party links on the Site may direct you to a third-party website that is not affiliated with us (“Third-Party Site”). We are not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of third parties.

You understand and agree that we will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party.

INTELLECTUAL PROPERTY; LICENSES

 

healthŌme Intellectual Property

Subject to these Terms of Service, you are hereby granted a non-transferable, non-exclusive, limited, revocable license to use the software and access the Content provided to you through the Site. As between you and healthŌme, you understand and agree that all Content (except for User Information) displayed on our Site, or otherwise used in any messages to you, is our exclusive property. Except as permitted herein, any use of the Content (except for User Information), including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance is strictly prohibited.

User Information and Feedback

You grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable right and license to User Information to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute User Information and/or incorporate User Information into any form, medium or technology throughout the world without compensation to you. This license will survive the termination of these Terms of Service.  Note, as defined above, “User Information” does not include genetic testing results, reports and counseling information provided to you through the Site, which will be protected as further described in the [PRIVACY POLICY].

You understand and agree that any ideas, suggestions, knowhow, improvements, comments, or other feedback (collectively, “Feedback”) that you submit to us, whether by posting User Information on our Site or through any other communication or means, will be the exclusive property of healthŌme. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights.

TERMINATION

healthŌme may terminate your access to the Site or any of the Services at any time and for any reason, including, without limitation, your breach of any of the Terms of Service. Upon termination, your access to the Site and the terminated Services will immediately cease. The disclaimers, limitations of liabilities, releases and waivers set forth in these Terms of Service shall survive any such termination.

You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site, or our Services, or when you cease using the Site or the Services.

DISCLAIMER OF WARRANTIES

ALL SERVICES, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” HEALTHŌME, INCLUDING THE LABORATORIES, AND THE PRACTICES AND THEIR PROVIDERS, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. HEALTHŌME DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT, SERVICES OR THE SITE ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THIS SITE, OR ANY OTHER SOFTWARE, TECHNOLOGY OR SERVERS USED IN THE DELIVERY OF THE SITE (AND ITS CONTENT), THE PRODUCTS OR THE SERVICES ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT WHEN YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH THE SITE, OR BY USING THE SERVICES, YOU DO SO AT YOUR OWN RISK, AND THAT YOU WILL BE WHOLLY RESPONSIBLE FOR YOUR USE OF THE FOREGOING AND ANY LOSS OF DATA, DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY OTHER HARM THAT MAY RESULT FROM SUCH USE. FURTHER, YOU UNDERSTAND THAT THE CONTENT AND OTHER INFORMATION AVAILABLE TO YOU AND THE TECHNOLOGY USED TO FORMULATE AND DELIVER SUCH CONTENT AND INFORMATION, MAY CONTAIN ERRORS, BUGS, PROBLEMS OR OTHER LIMITATIONS, AND THAT YOUR USE OF SUCH INFORMATION AND CONTENT IS AT YOUR OWN RISK AND SHOULD NOT RELY UPON IT WITHOUT VERIFICATION.

LIMITATION OF LIABILITY

HEALTHŌME, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, THE LABORATORIES, AND THE PRACTICES AND THEIR PROVIDERS (COLLECTIVELY, THE “HEALTHŌME  PARTIES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT, OR ANY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HEALTHŌME PARTIES SHALL NOT HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT, AND SERVICES, EVEN IF THE HEALTHŌME PARTIES WERE ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE HEALTHŌME PARTIES’ LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). Some jurisdictions do not allow certain limitations or exclusions of damages, so some of the foregoing disclaimers and limitations may not apply to you.

YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the healthŌme Parties from any and all third party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, or your breach of these Terms of Service (including any referenced policies of notices),or your violation of any law or the rights of a third party. 

PRIVACY POLICY

healthŌme respects your privacy and understands the importance of confidentiality and privacy of your personal information. Please review our [PRIVACY POLICY] for information regarding how we may collect, use and disclose your personal information. The [PRIVACY POLICY] is hereby incorporated by reference into these Terms of Service.

ELECTRONIC COMMUNICATIONS

In connection with your access or use the Services, including the Site, you hereby consent to receive electronic communications from us, the Laboratories, and the Practices and their Providers, whether through email or through the Site, or other electronic means. You are responsible for checking and responding to these messages. You may not hold healthŌme, the Laboratories or the Practices or any of their Providers liable for any injury, loss, or claims resulting from your failure to read or respond to these messages or comply with the advice or instructions contained in a message from the Laboratories, the Practices or any of their Providers. You agree to the use of electronic documents and records in connection with this Terms of Service and all future documents and records in connection with the Site and Services—including this electronic signature and disclosure notice—and that this use satisfies any requirement that healthŌme provides you these documents and their content in writing.  If you do not agree, do not enter into this Terms of Service.  You have the right to receive a paper copy of electronic communications if and to the extent required under applicable Law.  You may (a) obtain a paper copy of any document or record of these Terms of Service, (b) withdraw your consent to the use of electronic documents and records, or (c) update your contact information through your Application account.  To receive or access electronic documents and records, you must have the following equipment and software: (i) a device that is capable of accessing the Internet, (ii) a compatible Internet browser, and (iii) software that permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader 8.0 or higher.  To retain documents and records, your device must have the ability to download and store PDF files.  Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements.

COPYRIGHT AND TRADEMARKS.

All content included on the Site including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks, and data (the “Marks”), in any form including the compilation thereof, are proprietary to healthŌme and protected by U.S. and international copyright law and conventions. The Marks include both Marks owned or controlled by healthŌme and Content owned or controlled by third parties and licensed to healthŌme. Except as set forth below, direct or indirect reproduction of the Marks, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Site for personal use and are not authorized to reproduce, sell, or exploit the Site or content of the Site for commercial purposes. 

GOVERNING LAW 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Alabama.

THIRD-PARTY BENEFICIARIES

Any use of third-party software (or associated third-party products or services) shall be governed by the applicable party’s license or terms of use, and not by these Terms of Service. In addition to this Terms of Service, your use of the Service and the Site (and the Content) must comply with all applicable third-party terms of use. 

Except as expressly set forth herein (e.g., in certain instances with respect to the Laboratories, and the Practices and their Providers, the parties agree that there are no third party beneficiaries of these Terms of Service.

GENERAL TERMS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service shall not create any partnership, joint venture, employment, or other agency relationship between you and healthŌme, the Laboratories, or the Practices and their Providers.

These Terms of Service and any policies or operating rules referenced or posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  

healthŌme may, in its sole discretion, transfer, its contractual rights and obligations set forth in these Terms of Service to any affiliate of healthŌme or to another third party in the event that some or all of the healthŌme’s business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void.

CONTACT INFORMATION

Please send any questions to customerservice@healthome.com.

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Privacy Policy

Effective date: January 1, 2023

Your privacy is important to us. This privacy policy (“Privacy Policy”) applies to your use of the Services offered by healthŌme, Inc. is referred to in this Privacy Policy as “healthŌme,” we,” “us,” or “our.” Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the Terms of Service.

This Privacy Policy applies to any information we collect or maintain about you, including (1) personal information that you provide to us on or through the Services, and (2) information collected through your use of or interaction with the Services. This Privacy Policy also explains the use of cookies and similar technologies on the Services. Your access to and use of the Services constitutes acceptance of this Privacy Policy and consent to our collection and use of your information as outlined below.

Please note that the Services are directed towards users who reside in the United States. It is not our intent to gather personal information from individuals residing outside the United States. This Privacy Policy does not apply to instances where your information is collected under a different privacy policy or notice made available to you at the time your information is collected.

MINORS

Our Services are not intended for or designed to attract children under the age of 18. Moreover, we do not knowingly collect any personal information from anyone under the age of 18 without the consent of a parent or guardian, and you must be 18 years of age or older to submit registration or survey information. Should you believe that a minor of whom you are a parent or guardian has registered, please contact us at privacy@healthome.com and we will make reasonable efforts to remove all personal information related to the minor.

PRIVACY POLICY UPDATES

From time to time, we may revise this Privacy Policy. Any such changes to this Privacy Policy will be promptly reflected on this page. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of this Services will be subject to the then-current Privacy Policy. The effective date of this Privacy Policy is provided above.

PERSONAL INFORMATION WE COLLECT

You can generally visit the Site without revealing any personal information about yourself. However, to access the Services we may ask you to provide certain personal information and without providing such personal information, you may be unable to access the Services.   The following is a list of information that we may collect from or about you:

- Personally identifying information, including your name and contact information, such as your physical address, e-mail address and phone number

- Electronic signature

- Demographic information, including your gender, date of birth and zip code

- Account information, including your username and password 

- Device and/or browser information, including your IP address, operating system, connection speed, bandwidth, browser type, web page requests, cookie information, other hardware and software attributes

- Location information

- Usage activity and viewing preferences

- Photographic or video images submitted for identification purposes, including photographs of your driver’s license or passport- User information, including information or content you post or submit on the Services

- Transaction history

- For Providers: your name and contact information

- Other, including information we collect from or about you in other online or offline contexts, including information submitted during use of the Services and interactions with our employees and contractors.

In addition, when you request Services from the Laboratories, Practices or Providers through the Site, you may share:

- Personal information:  your name and contact information and demographic information

- PHI (Defined below), including medical and family history submitted for genetic testing and counseling purposes, as well as current clinical diagnoses or other reason for visiting a Provider

- Date of visit

- Images or videos you share for counseling purposes

- Communications with the Practice or its Providers

The information you provide to a Laboratory, Practice or Provider through the Site or in connection with the Services may be protected under applicable federal and state laws applicable to health information, including but not limited to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its implementing regulations, as may be amended from time to time (collectively, “HIPAA”).  To the extent applicable, the Laboratories, Practices and Providers will use and disclose information about you that is protected under such privacy laws only as permitted or required by such laws.  The Laboratories, Practices and Providers may have adopted their own privacy policies that describe how they each use and disclose PHI and other personal information (each, a “Third-Party Privacy Policy”). By accessing or using any part of the Service, you are accepting the Third-Party Privacy Policies published by these Laboratories, Providers and Practices. If you do not agree with the terms of any such Third-Party Privacy Policy, you must immediately cease using the Service. If you have any questions about the Laboratories’, Providers’ or Practices’ use of your personal information, please contact the applicable Laboratory, Provider or Practice. You understand and agree that we are not involved in and have no control over how such Laboratories, Providers and Practices use your personal information and PHI and therefore, you hereby understand and agree that we will have no liability, and we hereby disclaim all liability arising out of or in connection with, a breach by such third party of the terms of an applicable Third-Party Privacy Policy.

We will not use or disclose PHI or other information about you that is protected under health information privacy laws except as specifically authorized by you, but we may combine the personal information your share with us through the Services with other information we collect from or about you, both online and offline.  We also may combine personal information with records provided by third parties. We use this consolidated information to help us better design our Services, including the selection of Services, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.  We also may de-identify PHI, and use such de-identified data for research or marketing purposes, or any other purpose not prohibited by law.

HOW WE COLLECT PERSONAL INFORMATION

We may collect information directly from you when you visit the Site, access or use the Services or when you register an account with us. We may also collect information when you access a Service available through our Site, submit information to use through a survey, communicate with us or post or submit content on the Site or in connection with the Services. 

 

In addition to the information we collect directly from you, with your specific authorization, we also may collect information from the Laboratories, the Practice and/or Providers who provide genetic testing and counseling Services to you.  This information may include, but is not limited to, family medical history, genetic testing results, medical records, genetic counseling records, treatment plans, and clinical trial participation records.  We also may receive information from the insurance carriers whose policies pay for your testing and care, which may include insurance policy and other coverage information.

 

Some of the information we collect depends on the settings on your web browser or mobile device. Please check your web browser or mobile device if you want to learn what information your browser or mobile device sends or how to change your settings. In addition to the information sent by your web browser or mobile device, as you navigate through a website or mobile app, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection.

 

Like most website operators, we use cookies and similar technologies, local shared objects (or any other successor tracker technology), Software Development Kits, and pixel tags that automatically receive and track certain data about how you and other visitors interact with our Services, preferences expressed and settings chosen. For example, we may collect information about the technology you use (such as your browser, type of computer, operating systems, mobile device and network used, and Internet service providers) and server log data (such as access dates and times, online features or pages viewed, system activity, and the third-party site or service you were using before interacting with our Services). These technologies are described in more detail below.

“Cookies” are small text files that are stored on your browser or device by websites, mobile apps, online media and advertisements. There are different types of cookies. Cookies served by the entity that operates the website or app you are visiting or using are called “first party cookies” (so cookies served by us while you are using our Services are first party cookies). Cookies served by companies that are not operating the website or app you are visiting or using are called “third party cookies” (so, we may use a website analytics provider to set a cookie on your computer via our Services while you visit our Services, and that would be a third party cookie). Cookies may also endure for different periods of time. “Session Cookies” last only as long as your browser or app is open. These are deleted automatically once you close your browser or app. Other cookies are “persistent cookies” meaning that they survive after your browser or app is closed (for example, they may recognize your computer when you re-open our online services).

“Local shared objects” (also called Flash cookies or HTML5 cookies) and any other successor technology refers generally to the collection of cookie-like data stored on a browser or computer by web sites, ads, or third parties.

“Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a web page, app or advertisement which can retrieve certain information about your device and browser, including device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information (including the small text file (the cookie) that uniquely identifies the device). Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, thereby allowing such partners to collect certain information about user interaction with the app, information about the user device and network information.

HOW WE MAY USE PERSONAL INFORMATION

We may use the personal information identified above to:

- Verify your identity and your location;

- Provide or arrange for Services to be provided to you;

- Provide information about our Services to you;

- Fulfill your requests;

- Manage your account;

- Communicate with you;

- Assist the Laboratories, and Practices and Providers in their fulfillment of the Services they provide to you; 

- Provide you with research opportunities; 

- Provide support and training;

- Develop, test or improve the Services, including its features and/or the Services and Products;

- Facilitate marketing activities and/or promotions;

- Analyze behaviors on the Services (e.g., evaluating site usage patterns, assessing throughput);

- Protect or enforce our rights, title, and interest;

- Comply with applicable law, regulation, legal process, or other government authority;

- Investigate fraud; and

- Any other such use that is otherwise necessary under applicable law.

 

WHOM WE SHARE PERSONAL INFORMATION WITH

 

Subject to the limitations described in the Applicability of HIPAA section below, we may share the information we collect from you with the following third parties:

- Our third party service provides (“Vendors”) that provide services to us to enable us to provide the Services, such as the hosting of the Services, data analysis, IT services and infrastructure, customer service, email delivery, and other similar services

- Our Vendors that provide services to enable us to run our business and administrative operations, such as legal and financial advisory services, auditing services, and other similar services

- Our Vendors that enable us to promote and advertise the Services, - as well as those that enable us to comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and other similar services

- The Laboratories, Practices and Providers to enable them to provide services to you via the Services

 

We also may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.

SOCIAL MEDIA PLUGINS

The Services may use social media plugins (e.g., the Facebook “Like” button, ‘“Share to Twitter”‘ button) to enable you to easily share information with others. When you visit the Services, the operator of the social plugin can place a cookie on your computer, enabling that operator to recognize individuals who have previously visited the Services. If you are logged into the social media website (e.g., Facebook, Twitter, LinkedIn) while browsing on the Site, the social plugins allow that social media website to receive information that you have visited the Site. The social plugins also allow the social media website to share information about your activities on our Site with other users of their social media website. For example, Facebook Social Plugins allows Facebook to show your Likes and comments on our pages to your Facebook friends. Facebook Social Plugins also allow you to see your friends’ Facebook activity on our Services. We do not control any of the content from the social media plugins. For more information about social plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.

HOW LONG DO WE RETAIN PERSONAL INFORMATION? 

healthŌme may retain your information for as long as it believes necessary, including as long as necessary to comply with applicable law, resolve disputes or enforce its agreements, and/or as long as needed to provide you with the Services.  healthŌme may dispose or delete such information at any time, except as set forth in any agreement you enter into with healthŌme, or as required by law.

Similarly, the Laboratories, Practices and Providers may retain your information for as long as they believe necessary, including as long as necessary to comply with applicable law, resolve disputes or enforce their agreements, and/or as long as needed to provide you with the Services.  The Laboratories, Practices and Providers may dispose or delete such information at any time, except as set forth in any agreement entered into with healthŌme, or as required by law.

In the event we retain and use personal information for purposes not covered by the original notice, we will provide you with additional notice.

OPT OUT

If you don’t want your name and/or contact information to be used in the manner described in this Privacy Policy, you may indicate this at the time you provide the information. If an “opt-out” option is not offered, or you decide after you have provided this information that you do not want us to share your information with us or our third parties, you may also notify us at  privacy@healthome.com We cannot, however, remove your name from any third party list; you will have to contact them directly.

APPLICABILITY OF HIPAA 

As described in our Terms of Service, healthŌme does not engage in the practice of medicine or other licensed profession and is not a health care provider or a "covered entity" as defined by HIPAA.  The Laboratories, Practices and their Providers each may be considered a "covered entity" under HIPAA.  In general, the Laboratories, Practices and their Providers will share PHI with healthŌme only as specifically authorized by you pursuant to a HIPAA-compliant authorization (“Authorization”).  Genetic information is PHI, as defined by HIPAA.  As further described in the Authorization, once such information is shared with healthŌme it is no longer protected by HIPAA.  However, healthŌme will use your information only as described in this Privacy Policy.  healthŌme may, in some cases, also be a "business associate" of a Laboratory, Practice or Provider. If healthŌme is deemed a "business associate," we will be subject to additional protections with respect to your "protected health information," as defined under HIPAA (“PHI”), or other state laws. Your PHI will be used and disclosed only in accordance with such applicable laws and regulations. 

APPLICABILITY OF GINA

The Genetic Testing Nondiscrimination Act of 2008 (“GINA”) protects individuals from discrimination based on their genetic information with respect to both:  (a) obtaining and maintaining health insurance (Title I), and (b) employment (Title II).  More specifically, GINA prohibits health insurers from using genetic information to determine if someone is eligible for insurance or to make coverage, underwriting or premium-setting decisions.  Health insurers also cannot make individuals or their family members undergo genetic testing or provide genetic information.  Similarly, GINA prohibits employers from requiring or requesting genetic information and/or genetic tests as a condition of employment.  

Please note, GINA’s health insurance protections to do not extend to life insurance, long-term care insurance or disability insurance, although some states have laws that extend additional protections again genetic discrimination in these lines of insurance.  GINA’S employment protection do not apply to the military or employers with fewer than 15 employees.    

While healthŌme offers access to genetic testing and counseling through the Site, healthŌme will not share any genetic testing information with any third party except as set forth in this Privacy Policy or as specifically authorized by you.        

SECURITY

We may employ procedural and technological security measures, consistent with industry practice. Such measures are reasonably designed to protect your personal information from loss, unauthorized access, disclosure, alteration or destruction. We may use encryption, password protection, secure socket layers, internal restrictions and other security measures to help prevent unauthorized access to your personal information. However, you provide your information to us at your own risk. We cannot guarantee that your data will not be lost, accessed without authorization, disclosed, altered, or destroyed.

NOTICE TO CALIFORNIA RESIDENTS 

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of healthŌme to third parties for the third parties’ direct marking purposes. To make such a request, please send an email to privacy@healthome.com with the title “Shine the Light”.

DO NOT TRACK MECHANISMS  

Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.

LINKS TO THIRD-PARTY SITES

Our Services may contain links to other websites on the Internet that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that we are providing these links to you only as a convenience, and you agree that we are not responsible for the content of such websites. Your use of these other linked websites is subject to the respective terms of use and privacy policies located on the linked websites.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us at privacy@healthome.com

 

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April 16, 2023 Release:

1. "My Results" page was added to house test results and clinician notes
2. Test Results widget will not be visible after a test is ordered

April 5, 2023 Release:

1. Genetic counseling appointments can be rescheduled or cancelled on the site
2. Genetic counseling telemedicine sessions can be accessed from the portal

 

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As further described in our Terms of Service, healthŌme’s services may include:  (i) genetic testing services provided by clinical laboratories and other vendors; (ii) interpretation of genetic testing results and genetic counseling services provided by licensed and qualified genetic counselors; (iii) if a user is diagnosed with certain conditions that may benefit from genetic-based treatment services:  (x) creation of a precision treatment recommendation report by licensed and qualified health care providers; (y) peer-to-peer consultation with your treating physician by licensed and qualified health care providers; and (z) clinical trial enrollment support; and (iv) assistance with navigation of care from diagnosis through treatment by a licensed and qualified nurse navigator (collectively, “Clinical Services”).

healthŌme offers the nurse navigation services as described above, but does not engage in the practice of medicine or otherwise provide the Clinical Services.  Instead, healthŌme makes certain genetic testing, genetic counseling services and second opinion/treatment decision support available to you by facilitating your access to third-party laboratories, including Kailos Genetics, Access Genetics, and Protean Biodiagnostics (“Laboratories”), and genetic counselors and other providers affiliated with third-party medical practices, including SteadyMD and Protean Biodiagnostics (collectively, the “Practices”).  The Laboratories and Third Party Providers are collectively referred to herein as the “Third-Party Providers”).

This New User Agreement (the “Agreement”) is effective as of the date of your acceptance hereof (the “Effective Date”), and is made by and among you, healthŌme and the Third-Party Providers with respect to the Clinical Services. 

Term, Termination, and Cancellation 

This Agreement will commence on the Effective Date and will extend for so long as you maintain that certain Rider to your Chubb Cancer Advocate Plus insurance policy (“Policy”), which includes the Clinical Services benefit.

Other Health Care Professionals 

You acknowledge that the signing of this Agreement is strictly voluntary. This Agreement does not restrict or limit your ability to receive Clinical Services or other professional services from other health care professionals, however, such Clinical Services or other professional services provided by other health care professionals may not be covered under the Policy.  

Health Insurance or Other Medical Coverage 

Neither the Policy nor healthŌme’s or the Third Party Providers’ provision of Clinical Services are substitutes for health insurance or other health plan coverage (such as membership in an HMO).  healthŌme and the Third Party Providers hereby advise You to obtain or keep in full force one or more health insurance policies or plans in order to cover You and your family members for other healthcare services and/or costs.  You acknowledge that neither the Policy nor this Agreement is a contract that provides health insurance for you, and neither the Policy nor this Agreement is intended to replace any health insurance coverage provided to You by a health insurer (“Health Plan”).  You acknowledge that that the Clinical Services described in the Policy are covered by the Policy, but neither healthŌme nor the Third Party Providers will bill your Health Plan for any additional services you may purchase through the Site (the “New Service Offerings”).  To the extent you purchase any New Service Offerings, it is Your responsibility to submit any invoices paid for New Service Offerings to your Health Plan.  Neither healthŌme nor the Third Party Providers represent to You that any New Service Offerings will be eligible for coverage under any Health Plan policy held by You.

Severability 

If for any reason any provision of this Agreement shall be deemed, by a court of competent jurisdiction, to be legally invalid or unenforceable in any jurisdiction to which it applies, the validity of the remainder of the Agreement shall not be affected, and that provision shall be deemed modified to the minimum extent necessary to make that provision consistent with applicable law and in its modified form, and that provision shall then be enforceable. 

Modifications, Termination, Interruption and Disruptions 

You understand, agree and acknowledge that healthŌme and the Third-Party Providers may provide the Clinical Services through one or more telemedicine platform(s) (collectively, the “Platform”).  healthŌme may modify, suspend, disrupt or discontinue use of any one or more of the Third-Party Providers or the Platform, or any component thereof, whether to all clients or to You specifically, at any time with or without notice to You. You agree and acknowledge that none of healthŌme or the Third-Party Providers will be liable for any of the aforementioned actions, or for any losses or damages that are caused by any of the aforementioned actions.

Availability of the Platform depends on various factors such as software, hardware and tools, which are provided to you by healthŌme or the Third-Party Providers, or one or more of their respective contractors and suppliers. While healthŌme, the Third-Party Providers and their respective contractors and suppliers will make commercially reasonable efforts to ensure the reliability and accessibility of the Platform, You understand and agree that no platform can be 100% reliable and accessible, and neither healthŌme nor the Third-Party Providers guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

Amendment 

healthŌme or the Third-Party Providers may change this Agreement by posting modifications to the Agreement on the healthŌme Portal.  Unless otherwise specified by healthŌme, all modifications shall be effective upon posting.  The date of the last update to this Agreement is posted at the bottom of this Agreement.  By using the Clinical Services after the changes become effective, You agree to be bound by such changes to the Agreement.  

Moreover, if federal, state, or local law or regulation (“Applicable Law”) requires this Agreement to contain provisions that are not expressly set forth in this Agreement, then, to the extent necessary, such provisions shall be incorporated by reference into this Agreement and shall be deemed a part of this Agreement as though they had been expressly set forth in this Agreement. 

Assignment 

This Agreement, and any rights You may have under it, may not be assigned or transferred by You. This Agreement, and any rights healthŌme or Third-Party Providers may have under it, may be assigned or transferred to their respective successors, or assignees.   

Relationship of Parties 

You, healthŌme and the Third Party Providers intend and agree that, in performing the Clinical Services under this Agreement, each of You, healthŌme and the Third-Party Providers are independent contractors of the others, as defined by the guidelines promulgated by the United States Internal Revenue Service and/or the United States Department of Labor, and each of healthŌme and the Third Party Providers shall have exclusive control of their own work and the manner in which it is performed. 

Legal Significance 

You acknowledge that this Agreement is a legal document and creates certain rights and responsibilities. You also acknowledge that You have had a reasonable time to seek legal advice regarding the Agreement and have either chosen not to do so or have done so and are satisfied with the terms and conditions of the Agreement. 

Notice 

All written notices are deemed delivered and received posted on the Portal, or when sent, if sent to the e-mail address of the party. 

Governing Law 

This Agreement shall be governed and construed under the laws of the state or commonwealth in which You are located. This Agreement shall be construed without regard to any presumptions or rules requiring construction against the party causing the instrument to be drafted. 

Headings 

Captions in this Agreement are used for convenience only and shall not limit, broaden, or qualify the text.

Entire Agreement 

This Agreement, along with the Terms of Service and Privacy Policy, contains the entire agreement between the parties regarding the subject matter of this Agreement, and supersedes all prior oral and written understandings and agreements regarding the subject matter of this Agreement.   If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.  

CLINICAL SERVICES WARNING/DISCLAIMER 

You understand and agree that email and the internet should never be used to access medical care in the event of an emergency, or any situation that you could reasonably expect may develop into an emergency. You agree that in the event of an emergency, you shall call 911 and/or seek treatment at the nearest emergency medical assistance provider, and follow the directions of emergency medical personnel. 

Disclosures

 

All healthŌme personnel and Third-Party Providers that provide Clinical Services through the Platform hold appropriate professional licenses issued by the applicable professional licensing boards in the states where they provide Clinical Services, hold appropriate professional degrees and have undergone appropriate training, and/or have other applicable education, experience and certification. You can report a complaint relating to the Clinical Services provided by healthŌme or any Third-Party Provider by contacting the appropriate professional licensing board in the state where the Clinical Services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. 

 

You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at:  http://www.fsmb.org/state-medical-boards/contacts  

 

Any clinical records created as a result of your use of the Platform will be securely maintained by healthŌme or the applicable Third-Party Provider for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years. 

 

Please report any violations of this Agreement to customerservice@healthome.com.

USER BILL OF RIGHTS 

Many states have adopted a patient bill of rights that may be applicable to individuals who receive Clinical Services from healthŌme or the Third-Party Providers. Some of those states require that healthŌme or the Third-Party Providers provide a copy of the bill of rights to their patients. The portion of any such bill of rights relevant to any Clinical Services provided to You through the Platform or otherwise by healthŌme or the Third-party Providers is provided here on behalf healthŌme and the Third-Party Providers. Please note that many patient bill of rights include patient responsibilities as well. 

• A User has the right to be treated with courtesy and respect, with appreciation of his or her individual dignity, and with protection of his or her need for privacy. • A User has the right to a prompt and reasonable response to questions and requests within the context of the Clinical Services. • A User has the right to know who is providing Clinical Services and who is responsible for his or her care. • A User has the right to know what support services are available, including whether an interpreter is available if he or she does not speak English. • A User has the right to know what rules and regulations apply to his or her conduct. • A User has the right to be given information by the Third-Party Providers concerning diagnosis, planned course of treatment, alternatives, risks, and prognosis. • A User has the right to refuse any Clinical Services unless otherwise required by law. • A User has the right to receive a copy of a reasonably clear and understandable, itemized bill and/or receipt for Non-Covered Services and, upon request, to have the charges explained. • A User has the right to impartial access to the Clinical Services, regardless of race, national origin, religion, handicap, or source of payment, subject to the technical limitations of the Clinical Services. • A User has the right to express grievances regarding any violation of his or her rights, as stated in state law, through the grievance procedure of healthŌme or the Third-Party Provider that served him or her and to the appropriate state licensing agency. 

• A User is responsible for providing to the Third-party Provider, to the best of his or her knowledge, accurate and complete information about present complaints, past illnesses, hospitalizations, medications, and other matters relating to his or her health. • A User is responsible for reporting unexpected changes in his or her condition to healthŌme or the Third-Party Provider providing Clinical Services, as applicable. • A User is responsible for reporting to healthŌme or the Third-Party Provider providing Clinical Services whether he or she comprehends a contemplated course of action and what is expected of him or her. • A User is responsible for following the treatment plan recommended by healthŌme or the Third-Party Provider, as applicable. • A User is responsible for his or her actions if he or she refuses treatment or does not follow healthŌme’s or the Third-Party Provider’s instructions, as applicable. 

STATE SPECIFIC NOTIFICATIONS 

FOR CALIFORNIA RESIDENTS • You or your legal representative retain the option to withhold or withdraw consent to receive Clinical Services through the Platform at any time without affecting your right to future care or treatment or risking the loss or withdrawal of Policy benefits to which You or Your legal representative would otherwise be entitled. • All existing confidentiality protections apply. • All existing laws regarding patient access to medical information and copies of medical records apply. • Dissemination of any of Your identifiable images or information from the Clinical Services to researchers or other entities shall not occur without Your consent. • All provisions herein, including Your informed consent to receive Clinical Services via the Platform are for the benefit of healthŌme and the Third-Party Providers as well as for your benefit. • Medical doctors providing Clinical Services to Users located in California are licensed and regulated by the Medical Board of California.  To check up on a license or to file a complaint go to www.mbc.ca.gov, email licensecheck@mbc.ca.gov, or call (800) 632-2322. • Physician assistants are licensed and regulated by the Physician Assistant Board of California, www.pab.ca.gov or (916) 561-8780.

FOR CONNECTICUT, OHIO, UTAH, AND TEXAS RESIDENTS • If You would like the record of any Clinical Services provided to be forwarded to another provider, please include the name and contact information in a message to customerservice@healthome.com.

FOR FLORIDA RESIDENTS • Each Third-Party Provider who is a physician is a physician licensed by the Florida Board of Medicine or the Florida Board of Osteopathic Medicine.   Provider’s hours are variable. 

FOR GEORGIA RESIDENTS • The User has the right to file a grievance with the Georgia Composite Medical Board concerning any Third-Party Provider who is a physician, as well as against any physician’s staff, office, and Treatment received. The User should either call the Board with such a complaint or send a written complaint to the Board. The User should be able to provide the physician or Third Party Providers name, the address, and the specific nature of the complaint. The Georgia Composite Medical Board current phone number is (404) 656-3913 and the address is 2 Peachtree Street NW, 6th Floor, Atlanta, GA 30303-3465

FOR INDIANA RESIDENTS • Unless healthŌme or Your Third-Party Provider specifically discloses otherwise, with the exception of charges for Clinical Services delivered to Users directly, Third-Party Providers do not have any financial interest in any information, products, or services offered through the Platform. • You may access, supplement and amend your personal health information that you have provided to healthŌme or the Third Party Providers, as applicable, and you may provide feedback regarding the Platform and the quality of Clinical Services, and you may register complaints, including information regarding filing a complaint with the Consumer Protection Division Office of the Attorney General.  Notice Concerning Complaints • You may either file a complaint online or download the appropriate complaint form. If downloading, you must complete, sign, print, and mail it, along with copies of all relevant supporting documentation to: § Consumer Protection Division Office of the Indiana Attorney General 302 W. Washington St., 5th Floor Indianapolis, IN 46204 § You can also request a complaint form by calling (800) 382-5516 or (317) 232-6330. 

FOR KANSAS RESIDENTS • Notice to Users •  Required Signage for K.A.R. 100-22-6 Prepared by the State Board of Healing Arts April 5, 2007 •  It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the provision of the healing arts in Kansas.  Clinical Services provided to individuals located in Kansas are provided by a person who is licensed to provide the healing arts in Kansas • Questions and concerns regarding this Agreement may be directed to: •  KANSAS STATE BOARD OF HEALING ARTS 800 SW Jackson, Lower Level – Suite A, Topeka, Kansas 66612 --  PHONE: (785) 296-7413 TOLL FREE: 1(888) 886-7205 FAX: (785) 368-7102 WEBSITE: www.ksbha.org 

FOR LOUISIANA RESIDENTS • In addition to any informed consent and right to privacy and confidentiality pursuant to state and federal law or regulations, this Agreement informs you of the relationship among and between healthŌme, the Third-Party Providers, and You, and you have the right to be informed of the respective role of any other health care provider who provides Clinical Services; You may decline to receive Clinical Services and may withdraw from such care at any time. 

FOR MARYLAND RESIDENTS •  healthŌme and the Third Party Providers verify the identity of the individual transmitting the communication: after the initial verification,  we will verify Your identification through the assignment and use of a unique username and password combination. When You sign into the Platform, your username and password identify You. • Access to data via the Platform is restricted through the use of unique usernames and passwords. The username and password assigned to You are personal to You and You must not share them with any other individual. • You may access the Third- Party Providers’ Notices of Privacy Practices by accessing their websites, as further described in the [Privacy Policy]. During any appointment with healthŌme or a Third-Party Provider, healthŌme or the Third-Party Provider, as applicable, will communicate with You and respond to Your questions. • A primary difference between telehealth and direct in-person service delivery is the inability to have direct physical contact with You. • The quality of transmitted data may affect the quality of Clinical Services provided by healthŌme, the Third-Party Providers or their respective Clinicians • It may not be possible to make changes in the Platform or otherwise during delivery of Clinical Services. • Telemedicine services may not be provided by correspondence only.  Clinical Services must be delivered by either audio or audio-visual devices. 

FOR MINNESOTA RESIDENTS •  Disclosures of Your health records without Your written consent shall be made in accordance with state and federal law regarding privacy and confidentiality.  Examples of such disclosures include, but are not limited to, for specific public health activities, for health oversight activities, for judicial and administrative proceedings, for specific law enforcement purposes.  •  You have the right to access and obtain copies of Your health records and other information about You that is maintained by healthŌme and the Third-Party Providers.  For more specific information regarding Your rights to access to health records, please refer to the Minnesota Department of Health Notices Related to Health Records at health.state.mn.us/facilities/notices/index.html 

FOR OKLAHOMA RESIDENTS • You always retain the option to withhold or withdraw consent from obtaining Clinical Services via the Platform. If You decide that You no longer wish to obtain Clinical Services via the Platform, it will not affect Your right to future care or treatment, nor will You risk the loss or withdrawal of any Health Plan benefits to which You would otherwise be entitled. • User access to all medical information transmitted during a telemedicine interaction is guaranteed by healthŌme and the Third-Party Providers and copies of this information are available at stated costs, which shall not exceed the direct cost of providing the copies. • All existing confidentiality protections apply. • Dissemination of any of any of Your identifiable images or information from the telemedicine interaction to researches or other entities shall not occur without Your consent. 

FOR OREGON RESIDENTS • Your Policy requires that you receive the Clinical Services from healthŌme and its Third Party Providers.  If You choose to obtain any of the Clinical Services from any provider or facility other than those covered by your Policy, You are responsible for determining whether the extent or limitation of any Health Plan or other coverage you may have for the services provided by your chosen provider or at your chosen facility.  

FOR TEXAS RESIDENTS • An additional in-person medical evaluation may be necessary to meet Your needs if healthŌme or the Third-Party Providers are unable to gather all the clinical information via the Platform to safely provide Clinical Services. • Unless otherwise specifically disclosed to you, with the exception of payment for the provision of Clinical Services and Non-Covered Services delivered to Users, neither healthŌme nor the Third-Party Providers have any financial interest in any information, products, or services offered through the Platform. • NOTICE CONCERNING COMPLAINTS • Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: § Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC- 263 Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information please visit the website at www.tmb.state.tx.us 

FOR VIRGINIA RESIDENTS • healthŌme or the Third Party Providers, as applicable, will maintain your records while You are an active Policy holder.  In addition, healthŌme or the Third Party Providers shall maintain Your records for a minimum of six (6) years following Your last encounter with healthŌme or the Third-Party Provider, as applicable, with the following exceptions, to the extent applicable:  • Records that have previously been transferred to another practitioner or health care provider or provided to the User or his personal representative; or • Records that are required by contractual obligation or federal law to be maintained for a longer period of time.  • User records will only be destroyed in a manner that protects confidentiality. • For more information from the Virginia Department of Health Professions, go to www.dhp.virginia.gov/Medicine. • healthŌme and Third Party Providers will obtain identification information on each User. • healthŌme and the Third Party Providers offer a variety of types of activities using telemedicine services. These include but are not limited to: diagnosis of both acute and chronic medical conditions, ordering of laboratory testing, and other diagnostic testing, education, and appointment scheduling. • The User agrees that it is the role of the clinician to determine whether or not the condition being diagnosed and/or treated is appropriate for a telemedicine encounter. • healthŌme and the Third-Party Providers use reasonable security measures with respect to telemedicine services to ensure User’s protected health information is secure. healthŌme and the Third-Party Providers utilize secure servers for storage of User information. All computers are password protected and the Platform is password protected. • Notwithstanding such measures there is still potential risk to privacy. • Users will hold healthŌme, the Third Party Providers and their respective Clinicians harmless for information lost due to technical failure. • healthŌme, the Third Party Providers and their respective Clinicians will obtain express User consent to forward User-identifiable information to a third party as required by applicable law. 

FOR WISCONSIN RESIDENTS • You have the right to request and receive information within a reasonable period of time after your request after Clinical Services are provided by healthŌme or the Third Party Providers. 

Last Updated:  February 2, 2023

 

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By signing where indicated below, I hereby authorize the release of the following information:

 

- The results of any hereditary cancer and pharmacogenetics testing performed by Kailos Genetics, Inc. or such other genetic testing laboratory then under contract with healthŌme to perform genetic testing pursuant to the Rider to my Chubb Cancer Advocate Plus insurance policy (“Policy”); and

- The report of any counseling regarding the results of such genetic testing created by my health care provider at SteadyMD or such other practice who performed the counseling services pursuant to the Policy as described above;

 

To the following individuals or entities, and for the following purposes:

 

- healthŌme, for access by its nurse navigators to facilitate access to the benefits available to me as further described in the Policy; and

- Protean Biodiagnostics or such other genetic testing laboratory then under contract with healthŌme to perform additional genetic testing should I later be diagnosed with a disease for which benefits are available to me as further described in the Policy.

 

This Authorization is valid for so long as I maintain the Policy.

 

- This authorization is effective for the above requested and authorized health care information only.  I acknowledge that I may ask for and receive a copy of this authorization form.

- This authorization will expire upon the termination or expiration of the Policy.  Additionally, I understand that I may revoke this authorization at any time by submitting a written request to privacy@healthome.com. I understand that my revocation will be honored except to the extent that is been relied upon in good faith while in force.

- The information I am authorizing to be released could be re-released or disclosed by the recipient. Such additional disclosures or releases may not be prohibited by law. Neither healthŌme nor any of its contractors is responsible for the actions of others who may be provided with information released as a result of this authorization.

- I understand that I may refuse to sign this authorization. Such refusal will not affect my ability to obtain the benefits described in the Policy, but it may delay my access to such benefits. 

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     INFORMED CONSENT FOR GENETIC TESTING 

 

By agreeing where indicated below, I acknowledge and agree that I understand and freely give my consent to the following genetic testing:

 

Hereditary Cancer Risk Assessment

 

Purpose and Description:  I hereby consent to participate in the following genetic test:  Hereditary Cancer Risk Assessment Test performed by Kailos Genetics, a wholly owned subsidiary of healthŌme, Inc., or by its contracted partners. I understand that the purpose of this test is to look for mutations or genetic alterations known to be associated with a hereditary risk of developing certain cancers.

 

I understand that a biologic specimen will be obtained from me via an at-home, do-it-yourself cheek swab or saliva test. I understand that this biologic specimen will be used to determine if I am a carrier of certain genes, or am affected with, or at increased risk to someday be affected with certain cancers.

 

Limitations:  There is a possibility that genetic variants that increase cancer risk are not identified by this test either because of the technical limitations of the assay or because of an incomplete understanding of the significance of variants detected. This test cannot predict all conditions that I may be at risk of developing; likewise, a negative result does not guarantee that I will not develop a specific condition. 

This test should not be used for bone marrow transplant recipients as the presence of donor DNA in the recipient’s sample can lead to inaccurate test results or interpretation. 

It may not always be possible to complete testing, as sometimes the sample does not have enough DNA to perform testing or for other reasons. In these cases, another sample may need to be sent to the laboratory to perform testing.

As in any laboratory testing, there is a chance that an error may occur.

 

Availability of Genetic Counseling:  I have had the opportunity to review the educational content provided by healthŌme in my test kit box and on the healthŌme portal, including the video entitled “Things to Consider When Taking a Heritable Cancer Test.”  I also have been provided the opportunity to contact healthŌme customer service to schedule genetic counseling should I so desire before giving my consent to testing. I further understand that I will have the opportunity to review the results of this genetic test via video visit with a genetic counselor after the testing is complete.

 

Meaning of a Positive Result:  A positive result is an indication that I may be predisposed to  the condition described above. A positive result does not mean that I have cancer currently or that I will develop cancer in the future, only that I am at higher risk of developing cancer than the general population. I understand I will have the opportunity to speak with a genetic counselor via video visit about these results. Test results may or may not warrant further testing or additional physician consults.

 

Meaning of a Negative Result:  Generally, a negative result is an indication that I am not predisposed to, or at a higher risk for, the disease or condition described above.  There is a chance, however, that I may have this genetic condition but that the genetic test results will be negative. Due to limitations in technology and incomplete knowledge of genes, some changes in DNA or protein products that cause disease may not be detected by the test.  In addition, there may be a possibility that the laboratory findings will be uninterpretable.  Further, I understand that only a small percentage (around 8-10%) of cancer is hereditary, so I am still at risk of cancer due to other risk factors and as such should receive regular cancer screening as directed by my physician.

 

Disclosure of Results:  Because of the complexity of genetic testing and the important implications of the test results, the results of this testing will be reported only through a physician, genetic counselor, or other identified health care provider, unless otherwise required by law. The results are confidential to the extent allowed by law. They will be released to other medical professionals or other parties only with my written consent or as otherwise allowed by law. 

 

Retention of Specimen:  I understand that my specimen will only be used for the genetic testing as authorized by my consent and that my specimen will not be used for research purposes without my consent.

 

Only Kailos Genetics and contracted partners will have access to the sample(s) provided to conduct the requested testing. 

 

After testing is complete, the leftover sample will be retained in accordance with the Kailos Genetics laboratory retention policy. The de-identified samples may be used by the laboratory for test development and improvement, internal validation, quality assurance, and training purposes.  Samples for the residents of New York State will not be retained for more than 60 days after the receipt of the sample and will not be used for test development, quality assurance, validations, or training.

 

Genes Covered for Residents of All States EXCEPT in New York State:

This test analyzes 33 specific gene regions, including APC, ATM, BARD1, BMPR1A, BRCA1, BRCA2, BRIP1, CDH1, CDKN2A, CHEK2, EPCAM, FH, FLCN, MLH1, MRE11A, MSH2, MSH6, MUTYH, NF1, NBN, PALB2, PMS2, PTEN, RAD50, RAD51C, RAD51D, RINT1, SDHB, SMAD4, STK11, TP53, VHL, and XRCC2.

 

Genes Covered for New York State Residents:

This test analyzes 43 specific gene regions, including APC, ATM, AXIN2, BAP1, BARD1, BMPR1A, BRCA1, BRCA2, BRIP1, CDH1, CDK4, CDKN2A, CHEK2, EPCAM, GALNT12, GREM1, HOXB13, MEN1, MITF, MLH1, MLH3, MRE11, MSH2, MSH3, MSH6, MUTYH, NF1, NBN, NTHL1 PALB2, PMS2, POLD1, POLE, PTEN, RAD50, RAD51C, RAD51D,RNF43, RPS20, SMAD4, STK11, TP53, and VHL. 

 

BY AGREEING WHERE INDICATED BELOW, I ACKNOWLEDGE THAT I UNDERSTAND AND AGREE WITH THE FOLLOWING: 

 

- I consent to having my sample tested as described above. I understand that the purpose of this test is to look for mutations or genetic alterations known to be associated with a hereditary risk of cancer and this is not a screening test for presence of the disease.

 - I have the right to withhold or withdraw my consent to the above genetic testing, without affecting my right to future care or treatment. Any such withdrawal will not affect services provided prior to the date of the withdrawal.

- My signature indicated that the risks, benefits, and limitations of the testing have been explained to me.

- I have the authority to consent on my own behalf, or on behalf of a patient 18 years old or older, who I legally represent.

- I can access a copy of this consent form at 844-646-6427.   

 

LAST UPDATED:  February 12, 2024 

 

 

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     INFORMED CONSENT FOR TELEMEDICINE CONSULT

By signing where indicated below, I acknowledge and agree that I understand and freely give my consent to the following genetic testing and subsequent genetic consult via telemedicine:

 

TELEMEDICINE CONSENT

 

Telemedicine involves the use of electronic communications technologies to enable the transfer of medical/health and other information between a health care provider and user who are in different locations. Telemedicine technologies may include interactive two-way audio and video, interactive audio, asynchronous chat-based care, management of user medical records, medical images, e-mail, output data from medical devices, and sound and video files. Information conveyed using telemedicine may be used for the diagnosis, treatment, follow-up and/or education of users. 

- I understand that I may be offered a telemedicine consultation with a genetic counselor, clinical pharmacist, Oncology Nurse Navigator or other health care provider (Provider), which will be conducted through videoconferencing technology and the Provider will not be present in the room with me. 

- I understand there are potential risks to the use of telemedicine technology, including but not limited to, interruptions, delays, unauthorized access, and or other technical difficulties.  I understand that either my Provider or I can discontinue the telemedicine appointment if the technical connections are not adequate for my visit.

- I understand that I could seek an in-office visit for my care elsewhere, and I am choosing to participate in a telemedicine consultation with a Provider.

- To protect the confidentiality of my health information, I agree to undertake my telemedicine consultation in a private location, and I understand that my Provider will similarly be in a private location.

BY AGREEING WHERE INDICATED BELOW, I ACKNOWLEDGE THAT I UNDERSTAND AND AGREE WITH THE FOLLOWING: 

 

- I may suspend or terminate access to telemedicine services at any time for any reason or for no reason.

- I understand that if I am experiencing a medical emergency, that I will be directed to dial 9-1-1 immediately and that neither healthŌme nor my Provider may be able to connect me directly to any local emergency services. 

- There is a risk of technical failures during the telemedicine encounter beyond the control of healthŌme or any Provider. I agree to hold harmless healthŌme and the Provider for delays in evaluation or for information lost due to such technical failures. 

-  I can access a copy of this consent form by calling customer service at 844-646-6427.  

 

LAST UPDATED:  February 12, 2024

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THIS NOTICE DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice of Privacy Practices (the “Notice”) tells you about the ways the Laboratories, and Practices affiliated with healthŌme, Inc. may use and disclose your protected health information (“PHI”) and your rights and our obligations regarding the use and disclosure of your PHI.  The “Laboratories and Practices” refer to, and this Notice applies to the Laboratories and Practices with which healthŌme, Inc. contracts, including but not limited to Kailos Genetics, Access Genetics, and Protean Biodiagnostics (collectively, the “Laboratories”) and SteadyMD and Protean Biodiagnostics (collectively, the “Practices”), and their respective workforce members.

PHI is information about you, including demographic information, that may identify you and that relates to your past, present or future physical health or condition, treatment or payment for health care services.  This Notice also describes your rights to access and control your PHI.

1. LABORATORIES AND PRACTICES OBLIGATIONS

The Laboratories and Practices maintain the privacy of your PHI and notify affected individuals following a breach of unsecured PHI, in each case to the extent required by state and federal law. The Laboratories and Practices provide you this Notice explaining their legal duties and privacy practices with respect to PHI about you. 

2. HOW THE LABORATORIES AND PRACTICES MAY USE AND DISCLOSE PHI ABOUT YOU

The following categories describe the different ways that the Laboratories and Practices typically use and disclose PHI, the purposes for such uses and disclosures, and the reasons for such uses and disclosures.  

- For Treatment. The Laboratories and Practices may use and disclose PHI about you to provide you with health care treatment and related services, including coordinating and managing your health care. The Laboratories and Practices may disclose PHI about you to physicians, nurses, other health care providers and personnel who are providing or involved in providing health care to you (both within and outside of the Laboratories and Practices). For example, should your care require referral to a pharmacy for the provision of prescription drugs, the Laboratories and Practices may provide that pharmacy with your PHI in order to aid the pharmacist in his or her treatment of you.

- For Payment. The Laboratories and Practices may use and disclose PHI about you so that the Laboratories and Practices or may bill and collect from you, an insurance company, or a third party for the health care services the Laboratories and Practices provide. This may also include the disclosure of PHI to obtain prior authorization for treatment and procedures from your insurance plan. While the Laboratories and Practices will not bill you for services provided under that certain Rider to your Chubb Cancer Advocate Plus insurance policy (“Insurance Policy”), if the Laboratories or Practices provide other services to you for which health insurance coverage is available, they may send a claim for payment to your insurance company, and that claim may have a code on it that describes the services that have been rendered to you. If, however, you pay for an item or service in full, out of pocket and request that the Laboratories and Practices not disclose to your health plan the PHI solely relating to that item or service, as described more fully in Section 4 of this Notice, the Laboratories and Practices will follow that restriction on disclosure unless otherwise required by law.

- For Health Care Operations. The Laboratories and Practices may use and disclose PHI about you for their respective health care operations. These uses and disclosures are necessary to operate and manage the Laboratories and Practices and to promote quality care. For example, the Laboratories and Practices may need to use or disclose your PHI in order to assess the quality of care you receive or to conduct certain cost management, business management, administrative, or quality improvement activities or to provide information to their respective insurance carriers.

- Quality Assurance and Utilization Review. The Laboratories and Practices may need to use or disclose your PHI for their internal processes to assess and facilitate the provision of quality care to their patients. The Laboratories and Practices may need to use or disclose your PHI to perform a review of the services the Laboratories and Practices provide in order to evaluate whether that the appropriate level of services is received, depending on condition and diagnosis.

- Credentialing and Peer Review. The Laboratories and Practices may need to use or disclose your PHI in order to review the credentials, qualifications and actions of their respective health care providers.

- Treatment Alternatives. The Laboratories and Practices may use and disclose PHI to tell you about or recommend possible treatment options or alternatives that the Laboratories and Practices believe may be of interest to you.

- Appointment Reminders and Information about Health Related Benefits and Services. The Laboratories and Practices may use and disclose PHI in order to contact you (including, for example, contacting you by phone and leaving a message on an answering machine) to provide appointment reminders and other information. The Laboratories and Practices may use and disclose PHI to tell you about health-related benefits or services that the Laboratories and Practices believe may be of interest to you. See also the specific types of communications noted above.

- Vendors. There are some services (such as billing or legal services) that may be provided to or on behalf of the Laboratories and Practices through contracts with third parties.  When these services are contracted, the Laboratories and Practices may disclose your PHI to their vendors so that they can perform the jobs the Laboratories and Practices have asked them to do. To protect your PHI, however, the Laboratories and Practices require the vendors, as business associates, to appropriately safeguard your information.

- As Required by Law. The Laboratories and Practices will disclose PHI about you when required to do so by federal, state, or local law or regulations.

- Other. Subject to applicable legal requirements, and where appropriate for your medical care or required by law, the Laboratories and Practices also may use your PHI (i) to avert an imminent threat of injury to health or safety, (ii) for organ donation purposes, (iii) for research, (iv) to appropriate military authorities if you are in the armed forces, (v) for workers’ compensation programs, (vi) for public health activities, (vii) for health oversight activities, (viii) for other legal matters, (ix) for law enforcement purposes, or (x) to coroners and medical examiners.

- Electronic Disclosures of PHI. Under the law of certain states, the Laboratories and Practices are required to provide notice to you if your PHI is subject to electronic disclosure. This Notice serves as general notice that the Laboratories and Practices may disclose your PHI electronically for treatment, payment, or health care operations or as otherwise authorized or required by state or federal law.

- De-Identified Data.  The Laboratories and Practices may de-identify your PHI in accordance with applicable law, such that it no longer can be used to identify you individually.  Once so de-identified, the Laboratories and Practices may use the data alone or in aggregated form for any purpose allowable by law. 

3. OTHER USES OF PHI

- Authorizations. There are times the Laboratories and Practices may need or want to use or disclose your PHI for reasons other than those listed above, but to do so the Laboratories and Practices will need your prior authorization. Any uses or disclosures of your PHI not described herein will require your specific written authorization.

If you provide us with written authorization to use or disclose your PHI for such other purposes, you may revoke that authorization in writing at any time. If you revoke your authorization, The Laboratories and Practices will no longer use or disclose your PHI for the reasons covered by your written authorization. You understand that the Laboratories and Practices are unable to take back any uses or disclosures the Laboratories and Practices have already made in reliance upon your authorization, and that the Laboratories and Practices are required to retain records of the care that the Laboratories and Practices provided to you.

Psychotherapy Notes, Marketing and Sale of PHI. Most uses and disclosures of “psychotherapy notes,” uses and disclosures of PHI for marketing purposes, and disclosures that constitute a “sale of PHI” under HIPAA require your authorization. The Laboratories and Practices do not anticipate that they will maintain psychotherapy notes or sell PHI.

4. YOUR RIGHTS REGARDING PHI ABOUT YOU

Certain laws and regulations provide you with certain rights regarding the PHI The Laboratories and Practices have about you. The following is a summary of those rights.

- Right to Inspect and Copy. Under most circumstances, you have the right to request access to, inspect and/or copy your PHI that the Laboratories and Practices maintain in their possession in a designated record set, which generally includes your medical and billing records. If you request a copy of your information, the Laboratories and Practices may charge a fee for the costs of copying, mailing, or certain supplies associated with your request. The fee the Laboratories and Practices may charge will be the amount allowed by state law. In certain very limited circumstances allowed by law, the Laboratories and Practices may deny your request to review or copy your PHI. The Laboratories and Practices will provide any such denial in writing. If you are denied access to PHI, you may request that the denial be reviewed.

- Right to Amend. If you feel the PHI the Laboratories and Practices have about you is incorrect or incomplete, you may ask them to amend the information. In your request, you must provide a reason as to why you want this amendment. If the Laboratories and Practices accept your request, The Laboratories and Practices will notify you of that in writing. The Laboratories and Practices may deny your request for an amendment under certain circumstances.  If The Laboratories and Practices deny your request, The Laboratories and Practices will notify you of that denial in writing, and provide you with an opportunity to appeal.

- Right to an Accounting of Disclosures. You have the right to request an accounting of certain disclosures of your PHI that the Laboratories and Practices have made, except for disclosures which were made pursuant to an authorization, for purposes of treatment, payment or health care operations, or for certain other purposes.  Your request must state a time period, which may not be longer than six years. The first list you request within a twelve-month period will be free. For additional lists, the Laboratories and Practices may charge you a reasonable fee for the costs of providing the list. The Laboratories and Practices will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

- Right to Request Restrictions. You have the right to request a restriction or limitation on our use or disclosure of your PHI.  Your request must be in writing and state the specific restriction and to whom you want the restriction to apply.  The Laboratories and Practices are not required to agree to your request for a restriction or limitation, except if the requested restriction is on a disclosure to a health plan for a payment or health care operations purpose regarding a service that has been paid in full out-of-pocket.  If the Laboratories and Practices do agree, The Laboratories and Practices will comply with your request unless the information is needed to provide emergency treatment. In addition, there are certain situations in which the Laboratories and Practices won’t be able to agree to your request, such as when the Laboratories and Practices are required by law to use or disclose your PHI. 

- Right to Request Confidential Communications. You have the right to request that the Laboratories and Practices communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that the Laboratories and Practices only contact you through a personal email address and not at work or, conversely, only at work and not through a personal email address. The Laboratories and Practices will use their best efforts to accommodate all reasonable requests, but there are some requests with which the Laboratories and Practices will not be able comply. Your request must be in writing and specify how and where you wish to be contacted.

- Right to an Email or Paper Copy of This Notice. You have the right to a paper copy of this Notice, upon request, even if you have previously requested its receipt electronically. You may ask for a copy of this Notice at any time. 

- Right to Breach Notification. In certain instances, the Laboratories and Practices may be obligated to notify you (and potentially other parties) if the Laboratories and Practices become aware that your PHI has been improperly disclosed or otherwise subject to a “breach” as defined in and/or required by applicable law.

5. CHANGES TO THIS NOTICE

The Laboratories and Practices reserve the right to change this Notice at any time, along with their respective privacy policies and practices. The Laboratories and Practices reserve the right to make the revised or changed Notice effective for PHI the Laboratories and Practices already have about you as well, as any information the Laboratories and Practices receive in the future. The Laboratories and Practices will post a copy of the current notice, along with an announcement that changes have been made, as applicable, on our website.

6. COMPLAINTS

If you believe that your privacy rights as described in this Notice have been violated, you may file a complaint with healthŌme, Inc. on the Laboratories and Practices behalf at:  privacy@heatlhome.com.

The Laboratories and Practices will not retaliate against any individual who files a complaint. You also may file a complaint with the Secretary of the Department of Health and Human Services.

In addition, if you have any questions about this Notice, please contact privacy@healthome.com. 

7. ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF PRIVACY PRACTICES

By click signing this agreement, you acknowledge that you have received or been given an opportunity to receive this Notice.

 

LAST UPDATED:  February 3, 2023

 

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INFORMED CONSENT FOR GENETIC TESTING

 

 

By signing where indicated below, I acknowledge and agree that I understand and freely give my consent to the following genetic testing: Pharmacogenomic Test.

Purpose and Description: I hereby consent to participate in the following genetic test: Pharmacogenomic Test performed by Kailos Genetics, a wholly owned subsidiary of healthŌme, Inc., or by its contracted partners. I understand that the purpose of this test is to identify changes in important pharmacogenes known to be associated with the metabolism of specific medications. Specifically, while the Pharmacogenomic Test may include additional genes for which our knowledge about drug metabolism is still investigational, I understand that I will receive a report on the associations for genes where there is detailed information about how certain medications are dosed and eliminated from the body.  For a complete list of genes evaluated please call Customer Support at 844-646-6427.

 

Genes Which Will be Reported For Residents of All States Except New York: ABCG2, CYP2B6, CYP2C19, CYP2C9, CYP2D6, CYP3A5, CYP4F2, DPYD, HLA-A, HLA-B, Intronic Warfarin Cluster, NUDT15, SLCO1B1, TPMT, UGT1A1, VKORC1.

 

Genes Which Will be Reported For Residents of New York: CYP1A2, CYP2D6, CYP2C9, CYP2C19, CYP3A4, CYP3A5, CYP4F2, SLCO1B1, VKORC1.

I understand that a biologic specimen will be obtained from me via an at-home, do-it-yourself cheek swab or saliva collection device. I understand that this biologic specimen will be used to determine my metabolic status with regard to how my body may process some medications. 

Limitations: The information provided by this test is intended as supplementary information solely for use by my treating physician(s). At the time of report generation, the information contained therein will be believed to be current and based upon published scientific literature. 

This test should not be used for bone marrow transplant recipients as the presence of donor DNA in the recipient’s sample can lead to inaccurate test results or interpretation. As in any laboratory testing, there is a chance that an error may occur. 

Availability of Genetic Counseling: I have had the opportunity to review the educational content provided by healthŌmeon the healthŌme portal, including the video entitled “What to Know Before Requesting Your Pharmacogenomic Test”. I also have been provided the opportunity to contact healthŌme customer service to schedule genetic counseling should I so desire before giving my consent to testing. I further understand that I will have the opportunity to review the results of this genetic test via video visit with a pharmacist trained in the interpretation of pharmacogenomic applications after the testing is complete.

Meaning of Test Results: Importantly, the results of the genetic test, Pharmacogenomic Test  are not interpreted as normal or abnormal.  Rather, the results represent variations in the human genome involving genes important to how medications are metabolized.  In general, the results of the Pharmacogenomic Test  aid in the prediction of whether 1 or more medications will affect the body in a slower or faster manner and whether there may be side effects.  

Disclosure of Results: Because of the complexity of genetic testing and the important implications of the test results, the results of this testing will be reported only through a physician, genetic counselor, pharmacist, or other identified health care provider, unless otherwise required by law. The results are confidential to the extent allowed by law. They will be released to other medical professionals or other parties only with my written consent or as otherwise allowed by law. Medications should never be adjusted based on pharmacogenetic testing results without first consulting your healthcare professional. 

Retention of specimen: I understand that my specimen will only be used for the genetic testing as authorized by my consent and that my specimen will not be used for research purposes without my consent.

 

Only Kailos Genetics and contracted partners will have access to the sample(s) provided to conduct the requested testing. 

 

After testing is complete, the leftover sample will be retained in accordance with the Kailos Genetics laboratory retention policy. The de-identified samples may be used by the laboratory for test development and improvement, internal validation, quality assurance, and training purposes.  Leftover samples from New York State residents will be destroyed after 60 days and will not be used for test development, quality assurance, validations, or training.

BY CHECKING THAT I AGREE AND SUBMITTING THE CONSENT, I ACKNOWLEDGE THAT I UNDERSTAND AND AGREE WITH THE FOLLOWING: 

-        I consent to the Pharmacogenomic Test. I understand that the purpose of this test is to provide insight into how efficiently my body may process certain medications. 

-        I understand that medications should never be adjusted based on pharmacogenomic testing results without first consulting my healthcare professional. 

-        I have the right to withhold or withdraw my consent to the above genetic testing at any time, without affecting my right to future care or treatment. Any such withdrawal will not affect services provided prior to the date of the withdrawal.

-        My signature indicates that the risks, benefits, and limitations of the testing have been explained to me.

-        I have the authority to consent on my own behalf, or on behalf of a patient 18 years old or older, who I legally represent.

-        I can request a copy of this consent form at 844-646-6427.

 

LAST UPDATED: 07/29/2024

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We assume no liability if any information unknown to us changes or could change the recommendations provided or if you change or stop your medications without prescriber approval. Further, we assume no liability if you do not follow up with your provider regarding these reports.

 

What happens if you cannot reach me to discuss my medications and PGx test results?

A GalenusRx pharmacist will attempt to call you three times to discuss your medications and our findings from the personalized medication evaluation. If we are unable to reach you, you acknowledge that GalenusRx will NOT be able to provide you or your health care provider with the personalized summary of your medication evaluation. In this case, you and your provider will receive a copy of your PGx test results from the PGx lab (without your personalized report).

 

What should I know about PGx testing?

Your PGx results may show that the genes analyzed affect how you process or respond to certain medications. This information may help your health care provider make more informed decisions to optimize your medication’s effectiveness and safety. Your health care provider considers many aspects of your health before choosing the correct and appropriate dose of a medication. Your PGx test results are not intended to diagnose, treat, cure, or prevent any disease. Additionally, PGx testing is limited by which genes are screened based on known genetic variability.

 

Acknowledgement

I acknowledge that I have read and understand this entire document. I voluntarily consent to undergo this testing and its interpretation, and I specifically acknowledge and consent to the following:

•       This PGx Test and Interpretation is intended to tell me about how my genetics may affect how my body processes or responds to certain medications.

•       I consent to provide personal health information (PHI) to GalenusRx including my medication list and health care provider contact information.

•       I consent to be contacted by GalenusRx about my PGx test results and my medication evaluation.

•       Upon completion of the PGx test, my results, and my medication evaluation report, if applicable, will be shared with my health care provider. I consent to have my health care provider contacted about my results.

•       My health care provider and I can speak with GalenusRx’s clinical pharmacists. I understand that if I do not speak to a GalenusRx pharmacist, my provider and I will not receive my personalized report (only my PGx results).

•       I will not make medications changes or stop prescribed medications without speaking with my health care provider, if applicable.

 

Updated 3/28/2024

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