Last updated on January 24, 2025

VirtuOx is committed to maintaining the privacy of your health information. During your treatment, physicians, nurses and other personnel may collect information about your health history and your current health status. This notice describes how that information, called "Protected Health Information” (“PHI”) may be used and disclosed and how you can get access to this information. Please review it carefully.

If you have any questions about this Notice, please contact our Privacy Officer (contact information below). This Notice of Privacy Practices describes how we may use and disclose your PHI to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your PHI. 'Protected health information' is information about you, including demographic information that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

The HIPAA Privacy Law requires us to provide this Notice to you regarding our privacy practices, our legal duties to protect your private information and your rights concerning health information about you. We are required to follow the privacy practices described in this Notice whenever we use or disclose your PHI. Other companies or persons that perform services on our behalf, called Business Associates, must also protect the privacy of your information. Business Associates are not allowed to release your information to anyone else unless specifically permitted by law. There may be other state and federal laws, which provide additional protections related to communicable disease, mental health, substance or alcohol abuse, or other health conditions. We may change the terms of our notice, at any time. The new notice will be effective for all PHI that we maintain at that time. Upon request, we will provide you with any revised Notice of Privacy Practices. You may request a revised version by accessing our website or calling VirtuOx and requesting that a revised copy be sent to you in the mail or via e-mail.

Uses and disclosures of protected health information

The HIPAA Privacy Law permits VirtuOx to make uses and disclosures of your health information for purposes of treatment, payment and health care operations.

The following are examples of the types of uses and disclosures of your PHI that we are permitted to make. These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by our office.

Treatment:

We may use and disclose your PHI to provide, coordinate, or manage your treatment. This includes the coordination or management of your health care with another provider. For example, we may disclose your PHI, as necessary, to a local oxygen supplier to transport the oximeter to and from your home. We may also disclose PHI to physicians who may be treating you. For example, we may disclose your PHI to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose or treat you. In addition, we may disclose your PHI from time to time to a physician or health care provider (e.g., a specialist, equipment supplier or laboratory) who, at the request of your physician, becomes involved in your care by providing assistance with your diagnosis or treatment.

Payment:

We may use and disclose your PHI as needed, to obtain payment for our services. For example, we may need to provide your health plan provider with information about you, your diagnosis, and the treatment provided to you to obtain prior approval about a potential treatment, or so your health insurer will pay us, or reimburse you, for the treatment. We may also provide your information to a third party for purposes of collection of payment.

Health Care Operations:

We may use and disclose your PHI for VirtuOx’s health care operations, which include certain administrative, planning, management, financial, legal, and quality improvement activities, which are necessary to run our business and to support the core functions of treatment and payment. These uses and disclosures are necessary to run VirtuOx and make sure that all of our patients receive quality care. For example, we may use your health information to evaluate the skills of our physicians, and other health care providers in caring for you. We also may use your information to review quality and health outcomes. We will obtain your written permission before making disclosures to others outside VirtuOx for health care operations purposes. We also may combine certain PHI about several patients as part of a study to determine what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We also may remove all information that identifies you from a set of PHI so that others may use that information to study health care and health care delivery without learning who the specific patients are.

Health-related Benefits, Services and Treatment Alternatives:

We may also contact you about new or alternative treatments or other healthcare services that may be of interest to you.

Business Associates:

We may disclose your PHI to third party 'Business Associates' that perform various activities (for example, billing or transcription services) for our company. Whenever an arrangement between our office and a business associate involves the use or disclosure of your PHI, we will have a written contract that contains terms that will protect the privacy of your PHI.

Individuals Involved in Your Care or Payment for Your Care:

We may disclose your PHI to a family member, relative, friend, or other person identified by you, if such information is directly relevant to that person’s involvement in your care or payment for your care.

Fundraising Activities:

We may use or disclose your demographic information and the dates that you received treatment from your physician, as necessary, in order to contact you for activities supported by our office. If you do not want to receive these communications, please contact our Privacy Officer and request that these fundraising materials not be sent to you. You can also use the method specified in each communication to elect not to receive similar communications in the future.

Limited Data Sets:

We may use your health information to create a “limited data set” (health information that has certain identifying information removed). We may use and disclose a limited data set only for research, public health, or health care operations purposes, and any person receiving the limited data set must sign an agreement to protect health information.

De-identified Health Information:

We may use or disclose your PHI that has been properly “de-identified” in accordance with applicable law.

Other Uses and Disclosures That May Be Made Without Your Authorization or Opportunity to Agree or Object.

We may use or disclose your PHI in the following situations without your authorization or providing you with the opportunity to agree or object.

These situations include:
Required By Law:

We may use or disclose your PHI to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. You will be notified, if required by law, of any such uses or disclosures.

Public Health Activities:

We may disclose your PHI for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. For example, a disclosure may be made for the purpose of preventing or controlling disease, injury or disability.

Communicable Diseases:

We may disclose your PHI, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.

Health Oversight:

We may disclose PHI to a health oversight agency, such as the Food and Drug Administration, for the purpose of quality, safety, effectiveness of FDA-regulated products or activities or other activities authorized by law, such as audits, investigations, and inspections; to report adverse events, product defects or problems, biologic product deviations, to track products; to enable product recalls; to make repairs or replacements, or to conduct post marketing surveillance, as required. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.

Abuse or Neglect:

We may disclose your PHI to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your PHI if we believe that you have been a victim of abuse, neglect or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be made consistent with the requirements of applicable federal and state laws.

Legal Proceedings:

We may disclose PHI in the course of any judicial or administrative proceeding, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), or in certain conditions in response to a subpoena, discovery request or other lawful process.

Law Enforcement:

We may also disclose PHI, so long as applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include

  • Legal processes and otherwise required by law
  • Limited information requests for identification and location purposes
  • Pertaining to victims of a crime
  • Suspicion that death has occurred as a result of criminal conduct
  • Medical emergency (not on our premises) and it is likely that a crime has occurred
Coroners, Funeral Directors, and Organ Donation:

We may disclose PHI to a coroner or medical examiner for identification purposes, determining cause of death or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose PHI to a funeral director, as authorized by law, in order to permit the funeral director to carry out their duties. We may disclose such information in reasonable anticipation of death. PHI may be used and disclosed for cadaveric organ, eye or tissue donation purposes.

Research:

Under certain circumstances, we may disclose your PHI to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your PHI.

Criminal Activity:

Consistent with applicable federal and state laws, we may disclose your PHI, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose PHI if it is necessary for law enforcement authorities to identify or apprehend an individual.

Military Activity and National Security:

When the appropriate conditions apply, we may use or disclose PHI of individuals who are Armed Forces personnel

  • For activities deemed necessary by appropriate military command authorities
  • For the purpose of determination by the Department of Veterans Affairs of your eligibility for benefits
  • To foreign military authority if you are a member of that foreign military services
  • We may also disclose your PHI to authorized federal officials for conducting national security and intelligence activities, including for the provision of protective services to the President or others legally authorized
Workers' Compensation:

We may disclose your PHI as authorized to comply with workers' compensation laws and other similar legally- established programs.

Inmates:

We may use or disclose your PHI if you are an inmate of a correctional facility, and your physician created or received your PHI in the course of providing care to you.

Marketing and Advertising:

We may use or disclose your PHI, as necessary, to provide you with information about treatment alternatives or other health-related products and services we provide. By signing up for a VirtuOx account and/or purchasing a product or service from VirtuOx, you agree to allow VirtuOx to contact you by electronic means (e.g., via e-mail), including through use of an automatic telephone dialing system, with information about health-related products services we provide. If you have received electronic information from VirtuOx and you would like to opt-out of receiving this information, please contact VirtuOx at 877-337-1111 (or sales@virtuox.net) or follow the steps at the bottom of such electronic correspondence that you may receive.

Uses and Disclosures of Protected Health Information Based upon Your Written Authorization

Other uses and disclosures of your PHI will be made only with your written authorization, unless otherwise permitted or required by law as described below. You may revoke this authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose your PHI for the reasons covered by your written authorization. Please understand that we are unable to take back any disclosures already made with your authorization.

You may obtain an authorization form by contacting:

  • VirtuOx, Inc - Attn Privacy Officer
  • 5850 Coral Ridge Drive
  • Suite 304
  • Coral Springs, FL 33076
  • privacy@virtuox.net
  • 877-337-7111
Your rights

Following is a statement of your rights with respect to your PHI and a brief description of how you may exercise these rights.

Right to Inspect and Copy

You have the right to inspect and obtain a copy of your PHI. This means you may inspect and obtain a copy of PHI about you for so long as we maintain the PHI. You may obtain a copy of your medical record that contains medical and billing records and any other records that your physician and the practice uses for making decisions about you, to the extent provided to us. As permitted by federal or state law, we may charge you a reasonable copy fee for a copy of your records.

Under federal law, however, you may not inspect or obtain a copy of the following records: information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and psychotherapy notes. Depending on the circumstances, a decision to deny access may be reviewable. In some circumstances, you may have a right to have this decision reviewed. Please contact our Privacy Officer if you have questions about access to your medical record.

Right to Request Restrictions on Use and Disclosure

You have the right to request a restriction on your PHI. This means you may ask us not to use or disclose any part of your PHI for the purposes of treatment, payment or health care operations. You may also request that any part of your PHI be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. In your request, you must tell us: (1) what information you want to limit; (2) whether you want to limit our use and/or disclosure of the information; (3) to whom you want the limits to apply (for example, disclosures to your spouse); and (4) your contact address

Your physician is not required to agree to a restriction that you may request. If your physician does 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. With this in mind, please discuss any restriction you wish to request with your physician.

Right to Request Alternate Communications

You have the right to request to receive confidential communications from us by alternative means or at an alternative location. We will accommodate reasonable requests. We may also condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact. We will not request an explanation from you as to the basis for the request. Please make this request in writing to our Privacy Officer.

Right to Request Amendment

You may have the right to have your physician amend your PHI. This means you may request an amendment of PHI about you in a designated record set for so long as we maintain this information. You must include a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: (1) was not created by us, unless the person or entity that created the information is no longer available to make the amendment; (2) is not part of the PHI kept by or for VirtuOx; (3) is not part of the information that you would be permitted to inspect and copy; or (4) is accurate and complete. We will notify you in writing whether we agree or do not agree with your amendment request.

Additionally, if we grant the request, we will make the correction and distribute the correction to those who need it and those you identify that you want to receive the corrected information. If we deny your request for an amendment, we will notify you how you may file a complaint with us or the Department of Health and Human Services.

In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Please contact our Privacy Officer if you have questions about amending your medical record.

Right to an Accounting of Disclosures

You have the right to receive an accounting of certain disclosures we have made, if any, of your PHI, except the following: for treatment, payment or health care operations purposes; made to or requested by you, or that you authorized; made to individuals involved in your care, such as friends or family members; for national security or intelligence purposes; to law enforcement (as provided in the privacy rule) or correctional institutions; or as part of a limited data set. The accounting (or list) of disclosures will include: (1) the date of the disclosure; (2) the name of the entity or person who received the PHI and, if known, the address; (3) a brief description of the PHI disclosed; and (4) a brief statement of the purpose of the disclosure. Your request must state a time period no longer than is required by law. The first list you request within a twelve (12) month period will be free of charge. For additional lists, we will charge you for the costs of providing the list. We 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. The right to receive this information is subject to certain exceptions, restrictions and limitations.

Right to Receive a Copy of this Notice

You have the right to obtain a paper copy of this notice from us, upon request, even if you have agreed to accept this notice electronically.

Right to Cancel Authorization to Use or Disclose

Other uses and disclosures of your health information not covered by this Notice or the laws that govern us will be made only with your written authorization. You have the right to revoke your authorization in writing at any time, and we will discontinue future uses and disclosures of your health information for the reasons covered by your authorization. We are unable to make any disclosures that were already made with your authorization, and we are required to retain the records of the care that we provided to you.

Changes to this Notice

We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice on our web site.

For More Information or to Report a Problem

If you have questions or would like additional information, you may contact our Privacy Officer at the address and number listed below. You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our Privacy Officer of your complaint. We will not retaliate against you for filing a complaint.

PRIVACY OFFICER CONTACT INFORMATION:
  • Virtuox, Inc - Attn Privacy Officer
  • 5850 Coral Ridge Drive
  • Suite 304
  • Coral Springs, FL 33076
  • privacy@virtuox.net
  • 877-337-7111