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VivaSalud Privacy & Communications Policy


Your Information.
Your rights.
Our responsibilities.

At VivaSalud Clinic, we balance providing quality professional service and care through responsible use and handling of your personal, protected health information, and communications data. This notice describes how we collect, use, and protect your information across all our external service providers, including our electronic medical records service provider, telecommunications services provider (inclusive of phone, SMS, and fax), email, and social media platforms.

Scope of This Notice

This policy governs how we handle Protected Health Information (PHI) and Personal Information collected through in-person visits, our patient portal, over telecommunications (including SMS communications), email correspondence, social media interactions, and information obtained from other healthcare providers. By receiving services from VivaSalud Clinic or using any of our communication platforms, you agree to the terms of this policy.

Information We Collect

We collect and maintain:
  • Protected Health Information (PHI) related to your medical care
  • Personal Information that identifies you, including email addresses, mobile phone numbers, and usernames
  • Patient portal activity and preferences
  • Content of messages sent through our SMS service, patient portal, fax, or email
  • Social media interactions and engagement
  • Service feedback and communication preferences
  • Information provided during patient registration, in-person appointments, and telehealth appointments

Your Rights
When it comes to your information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

Get an electronic or paper copy of your medical record
  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
  • We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record
  • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
  • We may say “no” to your request, but we’ll tell you why in writing within 60 days

Get a copy of this privacy notice
  • You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly

Choose someone to act for you
  • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
  • We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated
  • You can complain if you feel we have violated your rights by contacting us using the information on page 1. • You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
  • We will not retaliate against you for filing a complaint

Request confidential communications
  • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • We will say “yes” to all reasonable requests.

Ask us to limit what we use or share
  • You can ask us not to use or share certain health information for treatment, payment, or our operations.
    • We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer.
    • We will say “yes” unless a law requires us to share that information.

Get a list of those with whom we’ve shared information
  • You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
  • We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Your Choices
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions

In these cases, you have both the right and choice to tell us to:
  • Share information with your family, close friends, or others involved in your care
  • Share information in a disaster relief situation
  • Include your information in a hospital directory
  • Contact you for fundraising efforts

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases, we never share your information:
  • Third-party marketing purposes, this includes your phone, SMS, email, and consent for contact. We never sell or lease your information. Period.
  • Sale of your information
  • Most sharing of psychotherapy notes

Our Uses & Disclosures
How do we typically use or share your health information? We typically use or share your health information in the following ways

Treat you
  • We can use your health information and share it with other professionals who are treating you

Example: A doctor treating you for an injury asks another doctor about your overall health condition

Run our organization

Example: We use health information about you to manage your treatment and services.

Bill for your services
  • We can use and share your health information to bill and get payment from health plans or other entities.

Example: We give information about you to your health insurance plan so it will pay for your services.

Process and respond to inquiries across all platforms
  • We never share or sell it with third-parties not involved in supporting our services or providing you care, but we will contact you regarding notices, offers, payments, and other updates regarding our services.

Example: We contact you via communication channels that you’ve authorized to let you know about open appointments, offers, and updates. 

Communicate with you and respond to inquiries across all platforms
  • We never share, sell, or lease your contact information or consent for contact with third-parties not involved in supporting our services or providing you care.
  • We may directly contact you regarding notices, offers, payments, and other updates regarding our services.
  • We may utilize different communication channels and technology and/or services (including those provided by third-parties) to directly contact you for the reasons described above.

Example: We contact you via communication channels that you’ve authorized to let you know about open appointments, offers, and updates. 

How else can we use or share your health information? We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues

 We can share health information about you for certain situations such as:
  • Preventing disease
  • Helping with product recalls
  • Reporting adverse reactions to medications
  • Reporting suspected abuse, neglect, or domestic violence
  • Preventing or reducing a serious threat to anyone’s health or safety

Comply with the law
  • We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Work with a medical examiner or funeral director
  • We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Comply with law enforcement, and other government requests

 We can use or share health information about you:
  • For law enforcement purposes or with a law enforcement official
  • With health oversight agencies for activities authorized by law
  • For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions
  • We can share health information about you in response to a court or administrative order, or in response to a subpoena.


Communication Services

Electronic Patient Portal

 Our secure patient portal allows you to:
  • View medical records and test results
  • Schedule appointments
  • Request prescription refills
  • Send secure messages to your healthcare team
  • Update personal information
  • Access billing statements

Phone Communications

 You can opt into phone communications through:
  • Online phone number entry
  • During patient registration when filling out our paper communications consent

SMS Communications

 SMS Terms & Conditions:
  • SMS For Consent Communication: The information (Phone Numbers or SMS Consent) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
  • Types of SMS Communications: If you have consented to receive text messages from VivaSalud Clinic, you may receive text messages related to all of the following (but not limited to):
    • Send appointment reminders & communicate with you on scheduling of upcoming or needed appointments
    • Obtain copies of necessary documents needed to appropriately bill your insurance provider
    • Respond to non-urgent inquiries or requests initiated by you
    • Provide notices, announcements, updates, or offers related to our services
    • Provide non-Medical information about your account with us, including information about balances or payments
    • Direct you to our clinic information via our website or to our patient portal
Example Messages:
  • Hello Thank you for contacting VivaSalud Clinic, how can we help you? Reply "Stop" to opt-out at any time. Message and data rates may apply, for assistance, text "Help" or visit our www.vivasaludclinic.com/privacy
  • Our website can be found at www.vivasaludclinic.com. Reply "STOP" to opt-out at any time or "HELP" for help. Message and data rates may apply, for assistance, text "Help" or visit www.vivasaludclinic.com/privacy
  • Our address is 2336 Wisteria Dr Ste 110, Snellville, GA 30078. Reply "STOP" to opt-out at any time or "HELP" for help. Message and data rates may apply, for assistance, text "Help" or visit www.vivasaludclinic.com/privacy
  • Our fax number is 833-941-5113. Reply "STOP" to opt-out at any time or "HELP" for help. Message and data rates may apply, for assistance, text "Help" or visit www.vivasaludclinic.com/privacy
Message Frequency:
  • Our SMS message frequency will be from 1 to 25 text messages daily across all users.
Potential Fees for SMS Messaging:
  • Many carriers charge a fee for each message sent or received. This can vary depending on the carrier's pricing structure and whether the message is sent domestically or internationally.
Opt-in Method:
  • Customer will Opt-In for SMS messaging from VivaSalud Clinic through intake forms on their website located at wwww.vivasaludclinic.com, this agreement for SMS will not be shared with third parties for marketing purposes.
  • Sending us a text message
  • During patient registration when filling out our paper communications consent
Opt-out Method:
  • Customer will be able to Opt-out for SMS messaging from VivaSalud Clinic by replying STOP at any time to any received SMS message, once opted-out they will receive no further SMS communication. They can Opt back In at any time by replying START to 470-481-7803.
Help:
  • If you are experiencing any issues, you can reply with the keyword "HELP". Or, you can get help directly from us by calling 470-481-7803.
Standard Messaging Disclosures:
  • Message and data rates may apply.
  • You can opt out at any time by texting "STOP."
  • For assistance, text "HELP" or visit our www.vivasaludclinic.com/privacy/ pages.
  • Message frequency may vary

Email Communications

 We use email to:
  • Send appointment reminders
  • Provide general health information
  • Share clinic updates and newsletters
  • Respond to non-urgent inquiries
Email opt-out instructions are included in every message.

Social Media

 Our social media presence is used for:
  • Sharing general health information
  • Announcing clinic news, events, and updates
  • Responding to non-Medical Inquires
Never share personal health information through social media platforms.

Our Responsibilities
  • We are required by law to maintain the privacy and security of your protected health information.
  • We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
  • We must follow the duties and privacy practices described in this notice and give you a copy of it.
  • We will not use or share your information other than as described here unless you tell us we can in

    writing. If you tell us we can, you may change your mind at any time Let us know in writing if you change your mind. .

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html

Changes to the Terms of This Notice

We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our web site.
If you have any additional questions about this Policy, please feel free to contact our Privacy Office:

VivaSalud Clinic Privacy Office

Policy Effective Date: 09/06/2024
Last updated,: 10/25/2024