Privacy Policy - Terms & Conditions

---

PRIVACY POLICY - TERMS AND CONDITIONS

Program Administrator: ORRIANT, LLC ("Resilience PRO")

9980 South 300 West, Suite 100, Utah, 84070.

Terms and Conditions: These Terms and Conditions constitute a portion of the membership agreement (Agreement) between you and ORRIANT, LLC ("Resilience PRO"). Resilience PRO provides administrative services to Resilience PRO licensed therapists and licensed mental health crisis counselors and does not provide professional behavioral health services that required licensed clinicians. Resilience PRO does provide the services of non-licensed life/health coaches and mental wellness consultants. All Resilience PRO clinicians, licensed and non-licensed are referred to herein as Resilience PRO clinicians. These Terms and Conditions define the obligations and duties of Resilience PRO, its authorized agents and yourself, and they establish the basic guidelines of safe and fair use of Resilience PRO’s public website, member website, and services (Services). Resilience PRO and its authorized agents reserve the right to immediately and without advance notice terminate the Services and deny access to individuals who do not abide by the Terms and Conditions as determined by Resilience PRO.

Use of Resilience PRO for Health Care Services: 

Resilience PRO’s telebehavioral consults are provided by either Resilience PRO, by organizations who employee clinicians or by independent clinicians who are dedicated to the provision of safe, effective, evidence-based practice within their respective scope of licensure and practice.

Member Acknowledgments. 

· You acknowledge that your clinician-patient relationship with a Resilience PRO clinician does not replace your relationship with your behavioral health professional.

· You choose to enter into a clinician-patient relationship with Resilience PRO’s clinicians because your behavioral health professional is not available.

· You acknowledge that consultation times are not guaranteed.

· You acknowledge that teletherapy and behavioral health consultations are not appropriate for emergencies or other issues requiring in-person care.

· You acknowledge that Resilience PRO’s clinicians may choose not to treat your condition.

· You acknowledge that you must immediately dial "911" or seek in-person treatment in the event of an emergency or if instructed to do so by a licensed Resilience PRO clinician.

· You agree to have your health history, psychotherapy notes and other diagnostic and medical documentation reviewed by Resilience PRO’s clinicians and shared with Redirect Health.

· You agree to accurately represent your location, city and state when requesting a clinical consult.

· You acknowledge that the initial phone call may be with a non-licensed mental health professional to assess the severity of your condition and that you may be referred to non-licensed Life/Health Coaches or non-licensed Mental Health Consultants if it is determined that your condition does not require the services of a licensed mental health professional.

Using the Services signifies your acceptance of the Resilience PRO Terms and Conditions and Privacy Policy. If you do not accept the Resilience PRO Terms and Conditions and Privacy Policy, you should not use the Services. If Resilience PRO changes the Terms and Conditions or Privacy Policy, they will post those changes prominently on the Resilience PRO website at www.ResiliencePRO.com. Your continued use of the Services following the posting of changes to these terms signifies your acceptance of those changes. Changes to the Terms and Conditions and Privacy Policy will become effective immediately upon posting and shall supersede all prior versions of the Terms and Conditions and Privacy Policy unless otherwise noted.

Limitations, Exclusions & Exceptions: This plan is a telehealth and teleconsultation program (hereafter referred to as telehealth) offered by Resilience PRO. Resilience PRO is not a licensed insurer, health maintenance organization or other underwriter of health care services. This plan is not insurance. Resilience PRO is not licensed to provide and does not provide mental health care services to individuals. Telehealth consultations may be provided by behavioral health entities that are contracted with Resilience PRO. Behavioral health professionals that are contracted by Resilience PRO are solely responsible for the professional advice and treatment rendered to members, and Resilience PRO disclaims any liability with respect to such matters. Certain methods of telehealth consultations (e.g., phone, video) may not be available per state law. 

Consultation times are not guaranteed. 

You acknowledge that Resilience PRO is not obligated to pay for health care services resulting from consultations. Services and service providers may change or be discontinued at any time with notice as required by law. All follow-up services are based on the provider’s availability.

You understand that your account may not be available at all times due to unanticipated system failures, back-up procedures, maintenance or other causes beyond the control of Resilience PRO or its authorized vendors and agents. Access is provided on an "as-is, as-available" basis, and Resilience PRO or its authorized vendors and agents do not guarantee that you will be able to access your account or receive Services at all times. Services are provided without representations or warranties of any kind, either express or implied. Resilience PRO does not warrant accuracy, completeness or timeliness of the services or the content of the Resilience PRO website. You understand that Resilience PRO or its authorized vendors and agents take no responsibility for and disclaim any and all liability arising from any inaccuracies or defects in software, communication lines, the virtual private network, the Internet or your Internet Service Provider (ISP), access system, computer hardware or software or any other service or device that you may use to access your account.

Obligations: Resilience PRO grants you a non-transferable license, subject to the terms of this Agreement, to use Resilience PRO Services. In order to be valid, your account must contain certain required, true, correct and verifiable information about your identity and medical history. In order to maintain access to Resilience PRO services and in order for Resilience PRO to provide you important information regarding your behavioral treatment and overall health and well-being, it is your responsibility to update your personal account information and to notify Resilience PRO of any changes in your home address, e-mail address, telephone number, guardian or emergency contact. Your failure to do so may result in interruption of the Services or impairment of Resilience PRO’s ability to deliver important, time-sensitive information. You may update your personal information by accessing your account through the orriant.wellness.com website and logging in with your user-name and password.

It is your duty to be truthful and accurate with all the information you enter into or upload to the system. You understand that any misstatements or misrepresentations about a patient's condition may result in serious harm to that patient. The documentation of consultations may be available in your account. You may also use your account to upload relevant information pertaining to your current health condition and health history. While your account with Resilience PRO is active and in good standing, you will have unlimited access to the information stored in your account. You are advised to immediately contact Resilience PRO if you disagree with or do not understand the contents of the consultation report or the instructions issued by the treating Resilience PRO clinician or non-clinician.

You understand that it is extremely important that you keep your password to access Resilience PRO completely confidential. If at any time you feel that the confidentiality of your password has been compromised, you will change it by going to the Password link on the Resilience PRO website. You understand that Resilience PRO and their authorized vendors and agents take no responsibility for and disclaim any and all liability or consequential damages arising from a breach of your account or health information resulting from your sharing or losing your password. You also agree not to attempt or facilitate an attempt to attack or undermine the security or the integrity of the systems or networks of Resilience PRO, the software provider or any of its authorized agents or affiliates. If Resilience PRO or their authorized vendors and agents discovers that you have inappropriately shared your password with another person or that you have misused or abused your online access privileges in any way, your use of the Services may be discontinued without prior notice.

When receiving a consultation, your environment should ensure privacy. You should be easily heard and visible for video consultations. Your camera must be placed on a secure, stable platform to avoid wobbling and shaking during the videoconferencing session. Any device you use for a consultation shall have up-to-date antivirus software and shall have the latest security patches and updates applied to the operating system and any third-party applications.

If you are a legal guardian or a parent of a child under age 18, you accept this Agreement on their behalf. You agree not to falsify or misrepresent your identity or your authority to act on behalf of another person. Patients under the age of 18 may only use Resilience PRO services at the discretion of their parent or guardian. Behavioral health services are provided on a case-by-case basis in compliance with state parental consent laws.

You understand that Resilience PRO clinicians or staff may send you messages. These messages may contain information that is important to your health and care. It is your responsibility to monitor these messages. By entering your valid and functional email address and mobile phone number, you authorize Resilience PRO to notify you of messages sent to your Resilience PRO confidential account. You understand that contents of any message may be stored in your account. You agree that all communication will be in regard to your own health condition(s). 

You understand that asking for advice on behalf of another person violates the Terms and Conditions. Resilience PRO and its clinicians do not assume any responsibility for health information or services used by persons other than you.

Indemnification: You agree not to hold Resilience PRO or its authorized vendors and agents liable for any loss, injury or claims of any kind resulting from your violation of the Terms and Conditions or your failure to read Resilience PRO messages in a timely manner, provide complete and accurate information, follow any recommendations or follow up with additional care as recommended by your clinician. Resilience PRO does not make any guarantees about the results of a consult or any representations or warranties about the training or skill of any clinicians who provide consultations via the Services.

You agree to defend, indemnify and hold harmless Resilience PRO and its affiliates and each of their officers, directors, employees, agents and representatives from and against any and all claims and demands of every kind and nature asserted by a third party, whether groundless or otherwise, including but not limited to any and all actions, causes of action, suits, judgments, controversies, losses, damages, costs, liens, charges, court costs, reasonable attorney's fees, payments, penalties, liabilities and expenses occasioned by, resulting from, arising out of, related to or in connection with any act or omission by you, including but not limited to your failure to comply with these Terms and Conditions.

Limitation of Liability: Except as prohibited by law, and without limitation:

Resilience pro shall not be liable for the acts or omissions of any of the clinicians or non-clinicians.

You shall be solely and fully responsible for any damage to the parties and their services or any computer system, any loss of data or any improper use or disclosure of information on the services caused by you or any person using your username or password. Resilience pro does not assume any liability arising from the failure of any telecommunications infrastructure or the internet for misuse of any of the advice, ideas, information, instructions or guidelines accessed through the services.

You acknowledge that in connection with the services, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long-distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of the parties and their suppliers. Accordingly, Resilience PRO assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the services.

In no event shall Resilience PRO nor any of its affiliates be liable for any direct damages in excess of (i) the monthly fees paid on your behalf under your program or (ii) the maximum extent permitted by law, in no event shall Resilience PRO or any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages that result from (i) personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data or (ii) mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to records, programs or services and whether in any action in warranty, contract, tort (including but not limited to negligence or fundamental breach) or otherwise arising out of or in any way connected with the use of, or the inability to use, 

This site or any service offered through this site or any material or information contained in, accessed through, or products purchased on this web site, even if an authorized representative of a party is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability, such limitations shall not apply in such jurisdictions to the extent of such restrictions. You acknowledge and agree that Resilience PRO’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities and in circumstances where the foregoing limitation is finally determined to be unavailable shall not exceed the subscription price paid by you prior to the first occurrence of the subject damages, losses, fees, charges, expenses or liabilities.

You agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such limitations, indemnifications or releases.

Dispute Resolution: Resilience PRO customer service will work diligently to resolve all issues with the Services. You agree that all disputes related to the Services and use of or access to the platform will be governed by the laws of the State of Utah, without regard to its conflicts of laws/rules and all claims shall be brought exclusively in the state or federal courts in Salt Lake County, Utah. You waive any objections to jurisdiction or venue.

If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings) incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. 

Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

Complaint Procedure: 

If you would like to file a complaint, you must submit your complaint in writing to: Resilience PRO, 9980 South 300 West, Suite 100, Sandy Utah, 84070. 

Notice concerning complaints: 

Complaints about licensed counselors or therapists should be directed to the state regulatory body where that individual is licensed. A list of state counselor licensure boards is located here: https://www.counseling.org/knowledge-center/licensure-requirements/state-professional-counselor-licensure-boards/.

General: You understand that from time to time you may be asked to complete satisfaction surveys. Resilience PRO or its software provider, vendors and agents may analyze information submitted via these surveys as part of descriptive (demographic) studies and reports. In such cases all of your personal identifying information will be removed.

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

You understand that no delay or omission in exercising any right or remedy identified herein shall constitute a waiver of such right or remedy and shall not be construed as a bar to or a waiver of any such right or remedy on any other occasion.

Resilience PRO and its authorized agents and you agree to comply with all applicable laws and regulations of governmental bodies or agencies in performance of our respective obligations under this Agreement.

For assistance using the program, please call the Orriant Support Team at (888) 346-0990.

HIPAA PRIVACY NOTICE

THE ORRIANT NOTICE OF PRIVACY PRACTICES

This notice describes how health information about you may be used and disclosed. This notice also describes how you can get access to this information. Please read it carefully.

We at ORRIANT, LLC, who operates Resilience PRO, (the “Program” or “we”) are committed to your privacy and your health. We are required by applicable federal and state law to maintain the privacy of your Protected Health Information and to give you this notice explaining our privacy practices, our legal duties, and your rights concerning your Protected Health Information.

What is Protected Health Information? “Protected Health Information” or “PHI”, is information that individually identifies you and that we create or get from you or from a health care provider, health plan, your employer or a health care clearinghouse and that relates to (1) your past, present or future physical or mental health or conditions, (2) the provision of health care to you, or (3) the past, present or future payment for your health care.

Why do we collect your Protected Health Information? We collect PHI from you to help you live a healthier, longer and improved quality of life. This information helps us determine what support, education, services and care coordination might be helpful.

How do we protect your PHI? We protect your PHI by:

Keeping all your PHI confidential;

Training all our employees in our privacy policies and procedures and monitoring their compliance;

Limiting the use disclosing and requesting of your PHI to the minimum necessary to accomplish the intended purpose;

Maintaining safeguards on your PHI. We maintain server, database, backup and firewall technologies to protect the security, integrity and privacy of your information. All data resides in controlled, secure data centers or offices, accessible only by personnel authorized by the Program, and its business associates.

How may we use and disclose your Protected Health Information? We don't disclose your PHI unless we are allowed to or required to by law or if you (or your authorized representative) give the Program permission. The law allows the Program to use or disclose your PHI for treatment, payment and health care operations purposes without your consent. To help clarify these terms, here are some definitions:

Treatment is when we provide, coordinate or manage your health care and other services related to your health. For example, we may share the results of the Program with other medical providers who have been responsible for your care or for additional follow-up and treatment.

Payment is when we determine eligibility or coverage or when we obtain reimbursement for our services. For example, we may need to send a copy of our Program notes or reports to your organization or employer for proper payment.

Health Care Operations are activities that relate to the performance and operation of the Program’s services. The Program operates an Interactive Health Management Program, which is a confidential database that participants can access through the internet to monitor their goals. Access to this database is password protected. When you visit the Program’s website, we do not use web beacons to collect any PHI from you or about you. Other examples of health care operations are quality assessment and improvement activities, business-related matters such as audits and administrative services, case management, disease management and care coordination.

Use applies only to activities within the Program such as sharing, employing, applying, utilizing, examining and analyzing information that identifies you.

Disclosure applies to activities outside of the Program, such as releasing, transferring or providing access to PHI to other parties.

Which uses and disclosures require authorization? We may use or disclose PHI for purposes outside of treatment, payment and health care operations when your appropriate written authorization is obtained. An authorization is written permission above and beyond the general consent that permits only specific disclosures. In those instances when the Program asked for information for purposes outside of treatment, payment and health care operations, the Program will obtain an authorization from you or your representative or your parents if you are a minor before releasing this information. You may revoke all such authorizations of PHI at any time, provided each revocation is in writing. You may not revoke an authorization to the extent that the Program has relied on that authorization.

Which uses and disclosures do not require authorization? We may use or disclose PHI without your consent or authorization as allowed by law in the following circumstances:

Treatment, Payment, and Health Care Operations: As defined above.

Business Associates: We may also share our PHI with business associates who perform certain activities for the Program. These business associates are required to afford your PHI the same protections afforded by us.

Health Plan: If you are enrolled in a group health plan, we may disclose your PHI to the plan sponsor to permit it to perform administrative activities, disease management services, personal nurse services and case management services.

Education: We may use your PHI to contact you to educate you about health-related products and services or about treatment alternatives that may be of interest to you.

Reports: The Program may use your PHI to create reports which summarize, in a statistical format, the services provided to participants during the reporting period. These reports do not disclose PHI and do not contain any identifying information of those receiving services. These reports are given to our client organizations or members thereof.

Required by Law: We may disclose your PHI when required to do so by law. The Program may disclose limited information to law enforcement officials. We may disclose your PHI in response to a court or administrative order, subpoena, discovery request or other lawful process if legally required to do so, or as necessary to comply with workers’ compensation laws.

Health Oversight: We may disclose PHI to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, licensure and similar activities that are necessary for the government to monitor the health care system, government programs and compliance with applicable law. If you file a complaint against the Program or any clinician providing services on behalf of the Program with a state department/division of occupational and professional licensing, the Program may disclose to them PHI from your records relevant to the complaint.

Public Health or Safety: We may disclose your PHI if we believe disclosure is necessary to avert a serious and imminent threat to your health or safety or the health or safety of others. We may disclose your PHI to appropriate authorities if we reasonably believe that you are a possible victim of abuse, neglect or other crimes.

Data Breach Notification Purposes: We may use or disclose your PHI to provide legally required notices of unauthorized access to or disclosure of your PHI.

Military Activity and National Security: If you are involved with the military, national security or intelligence activities or if you are in law enforcement custody, we may disclose your PHI to authorized officials so they may carry out their legal duties under the law.

Coroners, Medical Examiners and Funeral Directors. We may disclose PHI to a coroner, medical examiner or funeral director so that they can carry out their duties.

Marketing: We may contact you for certain activities related to advising you about the Program or about us.

Databases/Exchanges: We may submit your PHI to the Medicaid eligibility database, the Children’s Health Insurance Program eligibility database, and/or other shared clinical databases or health information exchanges.

Research: We may use or disclose your PHI without your authorization for research purposes when such research has been approved by an institutional review board that has reviewed the research to ensure the privacy of your PHI, or as otherwise allowed by law.

What are your Patient Rights? The following are your rights as a patient/participant of the Program:

Right to Request Restrictions: You have the right to request restrictions on certain uses and disclosures of protected health information about you. You also have the right to request a limit on the PHI we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. To request a restriction on who may have access to your PHI, you must submit a written request to our Privacy Officer at the address described below. Your request must state the specific restriction requested and to whom you want the restriction to apply. We are not required to agree to your request, unless you are asking us to restrict the use and disclosure of your PHI to a health plan for payment or health care operation purposes and such information you wish to restrict pertains solely to a health care item or service for which you have paid us “out-of-pocket” in full. If we do agree to the requested restriction, we may not use or disclose your PHI in violation of that restriction unless it is needed to provide emergency treatment.

Right to Receive Confidential Communications by Alternative Means and at Alternative Locations: You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations. (For example, you may not want a family member to know that you are participating in the Program. Upon your request, we will send your correspondence to another address.) You must make such a request in writing and you must specify how or where we are to contract you. We will accommodate all reasonable requests.

Right to Inspect and Copy: You have the right to inspect or obtain a copy of PHI in the Programs records used to make decisions about you for as long as the PHI is maintained in the record. We have up to 30 days to make your PHI available to you and we may charge you a reasonable fee for the costs of copying, mailing or other supplies associated with your request. The Program may deny your access to PHI under certain circumstances, but in some cases you may have this decision reviewed. On your request, the Program will discuss with you the details of the request and denial process.

Right to Request Amendments: You have the right to request an amendment of your PHI for as long as the PHI is maintained in the record. A request for amendment must be made in writing to the Privacy Officer and it must tell us the reason for your request. In certain cases, we may deny your request.

Right to an Accounting of Disclosures: You have the right to ask for an “accounting of disclosures” which is a list of the disclosures we made of your PHI. This right applies to disclosures for purposes other than treatment, payment or healthcare operations as described in the Notice. It excludes disclosures we may have made to you, for a resident directory, to family members or friends involved in your care or for notification purposes. The right to receive this information is subject to certain exceptions, restrictions and limitations. Additionally, limitations are different for electronic health records. The first accounting of disclosures you request within any 12-month period will be free. For additional requests within the same period, we may charge you for the reasonable costs of providing the accounting. We will tell you what the costs are, and you may choose to withdraw or modify your request before the costs are incurred.

Right to an Electronic Copy of Electronic Medical Records: If your PHI is maintained in an electronic format (known as an electronic medical record or an electronic health record), you have the right to request that an electronic copy of your record be given to you or transmitted to another individual or entity. We will make every effort to provide access to your PHI in the form or format you request, if it is readily producible in such form or format. If the PHI is not readily producible in the form or format you request, your record will be provided in either our standard electronic format or if you do not want this form or format, a readable hard copy form. We may charge you a reasonable, cost-based fee for the labor associated with transmitting the electronic medical record.

Right to Get Notice of a Breach: You have the right to be notified upon a reportable breach of any of your unsecured PHI.

Right to a Paper Copy of this Notice. You have the right to a paper copy of this Notice, even if you have agreed to receive this notice electronically. You may request a copy of this Notice at any time.

How to Exercise Your Rights: To exercise your rights described in this Notice, send your request, in writing, to our Privacy Officer at the address described below. We may ask you to fill out a form that we will supply. The Program reserves the right to change the privacy policies and practices described in this notice. Unless we notify you of such changes, however, the Program is required to abide by the terms currently in effect. If we revise the Programs policies and procedures, we will provide you with a revised notice by mail.

What if you are concerned that your privacy rights have been violated? If you are concerned that we have violated your privacy rights, or you disagree with a decision we have made about access to your records, you may contact Darrell Moon, Privacy Officer at (888) 346-0990, 9980 South 300 West, Suite 100, Sandy, Utah 84070. You may also send a written complaint to the Secretary of the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Ave., S.W., Washington, D.C. 20210, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints. There will be no retaliation against you for filing a complaint.

When is this notice effective and can it ever change? This notice will go into effect on February 22, 2016. We reserve the right to change the terms of this notice and to make the new notice provisions effective for all PHI that the Program maintains. A copy of our current Notice is posted in our office and on our website.

Consent. This Notice contains our policy with respect to our security and privacy practices. This policy and notice may change at any time. By participating in the program and accepting the services delivered by the program, I acknowledge that I have received, read, understand and agree to the above and assert that I am at least 18 years of age. Otherwise, I understand that I may not have access to the Orriant Interactive Health Management Program.