This Notice of Privacy Practices (“Notice”) describes how Body Good Studio LLC and Body Good LLC (collectively, “Body Good,” “we,” “our,” or “us”) may use and disclose your Protected Health Information (“PHI”), and the rights you have with respect to that information, in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), its implementing regulations, and applicable state laws.
Please review this Notice carefully. Your health information is personal, and we are committed to protecting it.
1. Our Legal Duties
We are required by law to:
- Maintain the privacy and security of your PHI.
- Provide you with this Notice of our legal duties and privacy practices.
- Notify you following a breach of unsecured PHI, as required by HIPAA.
- Comply with the terms of this Notice until it is revised or replaced.
2. What Is PHI
“PHI” means individually identifiable health information that relates to your past, present, or future physical or mental health, treatment, or payment for healthcare services, and that identifies you or can reasonably be used to identify you.
3. How We May Use and Disclose PHI Without Authorization
We are permitted or required by law to use or disclose PHI without your written authorization in the following circumstances:
- Treatment: To provide, coordinate, or manage your care, including sharing PHI with doctors, nurse practitioners, pharmacists, and labs.
- Payment: To bill and collect payment for services, verify insurance eligibility, and obtain prior authorization.
- Healthcare Operations: For quality assurance, accreditation, auditing, staff training, and compliance purposes.
- Public Health and Safety: To report communicable diseases, adverse events to the FDA, child abuse, or threats to public safety.
- Health Oversight: For audits, investigations, licensure, and compliance with federal or state regulatory requirements.
- Legal Proceedings and Law Enforcement: In response to a subpoena, warrant, or court order, and as otherwise required by law.
- Research: Under limited conditions with appropriate approvals.
- Workers’ Compensation: As required by workers’ compensation laws.
- Coroners, Medical Examiners, Organ Donation: For identification, determining cause of death, or facilitating organ/tissue donation.
- Threats to Health or Safety: To prevent or mitigate a serious and imminent threat to a person or the public.
- Special Government Functions: For military, national security, or correctional institution purposes.
4. Uses and Disclosures Requiring Authorization
We will not use or disclose your PHI for purposes not described in this Notice without your written authorization. Specifically:
- We will not sell your PHI.
- We will not use PHI for marketing purposes without your express written consent.
- Authorizations may be revoked in writing at any time, except to the extent we have already relied upon them.
5. Your Rights Regarding PHI
You have the following rights under HIPAA and applicable state law:
- Right to Access: You may request a copy of your PHI, including electronic copies, within legally required timeframes.
- Right to Amend: You may request corrections to your PHI if you believe it is inaccurate or incomplete.
- Right to an Accounting of Disclosures: You may request a list of certain disclosures of PHI made by Body Good.
- Right to Request Restrictions: You may ask us to limit how we use or disclose your PHI. While we are not required to agree in all cases, we must agree when you request restrictions on PHI disclosed to a health plan for payment purposes and you have paid for the service in full out of pocket.
- Right to Confidential Communications: You may request to receive PHI through alternative means (e.g., at a different mailing address).
- Right to Breach Notification: You will be notified promptly if a breach of your unsecured PHI occurs.
- Right to a Paper Copy: You may request a paper copy of this Notice at any time, even if you received it electronically.
6. State-Specific Privacy Rights
In addition to HIPAA rights, certain states provide additional protections:
- California: You may request additional accounting for disclosures of medical information and have stronger rights around sensitive categories of health data.
- Florida: Florida law requires healthcare providers to maintain medical records for at least five (5) years and prohibits unauthorized use of patient identifying information.
- Other States (VA, CO, CT, UT): You may have expanded rights regarding correction, deletion, and portability of certain information.
We will comply with the most protective standard applicable to your PHI.
7. Data Security
We employ administrative, technical, and physical safeguards designed to protect PHI, including encryption, role-based access, secure hosting, and ongoing monitoring. Despite these measures, no system is impenetrable, and we cannot guarantee absolute security of your PHI.
8. Complaints
If you believe your privacy rights have been violated, you may file a complaint with:
Privacy Officer
Body Good Studio LLC / Body Good LLC
290 NW 165th Street, Suite M500
Miami, Florida 33169
Email: legal@bodygoodstudio.com
Phone: 305-422-9921
You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights. We will not retaliate against you for filing a complaint.
9. Dispute Resolution and Governing Law
Any dispute, claim, or controversy arising under or relating to this Notice shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Disputes will be resolved exclusively through binding arbitration in Florida, consistent with our Terms of Service. You waive the right to bring or participate in class actions or jury trials. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
