TERMS AND CONDITIONS OF USE

The Orriant Interactive Health Management Program (“Service”) is operated and maintained by Orriant, LLC (“Orriant”), a Utah limited liability company. This Agreement sets forth the terms and conditions of your use of the Service and your responsibilities as a user of the Service. This Agreement is between you and Orriant. Use of the Service signifies your agreement to all of the terms and conditions set forth in this Agreement.

The content of this web site is for informational purposes and management application only. It is intended only to assist patients to monitor their personal health information and behavior. USERS ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY TREATMENT. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician with any questions you may have regarding your medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this site. The Service does not recommend the self-management of health problems.

The Service is for use solely by individuals or entities who are authorized by Orriant to use it. Reliance on any information provided by this site is solely at your own risk. The site is designed solely to assist you in reaching your own health goals. Orriant assumes no liability for your health or your success at reaching your health goals, or the effect that reaching or not reaching your goals has on your health condition. While Orriant strives to keep the Service current and accurate, Orriant and its suppliers cannot guarantee, and shall not be responsible for any damage or loss related to, the lack of operation, accuracy, completeness or timeliness of the Service or its information. Orriant does not warrant that the function of the Service will meet your requirements or that the operation of the Service will be uninterrupted or error free.

Orriant has no control over the content or the World Wide Web sites that may be linked to the Service through hypertext links, and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk.

Orriant may terminate the license of any user to access the Service at any time, with or without cause, in Orriant's absolute discretion and without notice. Orriant may at any time, without notice or liability, change or eliminate any content or feature of the Service. Your only right with respect to any dissatisfaction with any service-related change or elimination is to terminate your continued use of the Service.

This site is not intended or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

The Service allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by Orriant or on its behalf. The Service is structured to allow access only to visitors with a valid password. Whenever you submit of modify your information, it will be sent over the Internet using encryption technology to protect privacy and maintain confidentiality. You are responsible for ensuring that no unauthorized person shall have access to your password or information and for notifying Orriant of any need to deactivate a password. Anyone caught using those privileges granted to them by Orriant to utilize the Service to perform any illegal act, perform any improper function or malign the Service in any way will immediately lose those privileges and will be prosecuted to the fullest extent of the law.

You agree to indemnify and hold Orriant its officers, directors, employees, shareholders, agents, attorneys, affiliates, licensors, suppliers, successors and assigns harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your violation of these Terms and Conditions.

Program claims and appeals - Orriant is responsible for evaluating claims or grievances under this Program. Orriant will decide your claim in accordance with the following claims procedures:

Within thirty (30) days after receipt by Orriant of a claim from a Participant, the Participant will be advised whether he or she is determined to be compliant and therefore eligible to receive the incentive or the discount on his/her insurance premium or other reward (if Orriant approves the claim), or Orriant will notify the Participant that his or her claim has been denied. This time period may be extended for an additional fifteen (15) days for matters beyond the control of Orriant, including cases where a claim submitted by the Participant is incomplete. Orriant will provide written notice of any extension, including the reasons for the extension, and will allow the Participant an additional forty-five (45) days in which to complete an incomplete claim. If any claim under this Program is denied in whole or in part, Orriant shall furnish the claimant promptly with a written notice:

(a) Setting forth the reason for the denial;

(b) Citing the Program provisions upon which such denial is based;

(c) Describing any additional material or information from the claimant which is necessary in order for the claimant to perfect his or her claim and why; and

(d) Explaining the claim review procedure set forth herein.

Time periods begin when the claim is filed without regard to whether the information is complete. If the period is extended because of missing information, the time period for decisions is when the notice of extension is sent.

If a claim is denied, the Participant has up to one hundred eighty (180) days to appeal that decision. The Program must respond to the appeal request by no later than sixty (60) days or thirty (30) days each, if two appeals are required by the Program.

The review on appeal will be made by a three-member Grievance Committee appointed from time to time by the Program which shall not include any person involved in making the initial claims denial decision, or anyone who is a subordinate of the original decision maker. The review on appeal will be an original review. That is, the appeal review will not give any weight to the initial denial, and will take into account all information submitted by the Participant, regardless whether it was submitted or considered in the initial decision denying the claim. In deciding an appeal of an initial decision based wholly or partly on medical judgment, the individual reviewing the decision on appeal must consult with a qualified health care professional who was not consulted in connection with the initial adverse claims decision that is the subject of the appeal.

The Participant will not be required to file more than two appeals of his or her claim as a condition to filing a civil suit for benefits under ERISA Section 502(a). One of these appeals may be arbitration; however, any arbitration will be non-binding. The Program may offer additional voluntary levels of appeal such as arbitration or other forms of alternative dispute resolution only after the required appeal process is exhausted. An election to undertake a voluntary appeal will not affect Participant rights to any other Program benefits. No fees or costs will be imposed for filing or appealing any claim for benefits under these Program appeal procedures.

Orriant, the Grievance Committee, or its designated agent or delegate of such, shall have complete authority to determine the standard of proof required in any case and to apply and interpret the Program document. The decisions of Orriant, the Grievance Committee, or its agents or delegates, shall be final and binding. All questions or controversies, of whatsoever character, arising in any manner or between any parties or persons in connection with this Program or its operation, whether as to any claim for eligibility for an incentive, as to the construction of language or meaning of the Plan document, or as to any writing, decision, instrument or account in connection with the operation of the Plan or otherwise, shall be submitted to Orriant for such decision. The decision of Orriant shall be binding upon all persons dealing with the Program or claiming any benefit hereunder, except to the extent that such decision may be appealed to the Grievance Committee or be determined to be arbitrary or capricious by a court having jurisdiction over such matters.

This notice contains our policy with respect to our terms and conditions of use. This policy and notice may change at any time, at the sole discretion of Orient. Such revisions shall be effective immediately upon posting. By clicking "agree", I acknowledge that I have 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. By using the Service, you agree to be bound by the above terms and conditions.

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 (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 clicking "agree", 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.