If you do not agree to any of the information provided within–or have any questions about the content of this Policy or the Terms noted below–you may e-mail firstname.lastname@example.org and refrain from visiting this Site again.
The information on DishWithDina.com (the “Site”) and in the Business services is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. Please seek prompt, qualified medical advice for any specific health issues and consult your physician or health practitioner before starting a new fitness regimen, herbal therapy, or other self-directed treatment. Click here to learn the difference between a nutritionist and a Registered Dietitian Nutritionist. Click here to view our full HIPAA Notice of Privacy Practices.
DishWithDina.com makes every effort to ensure it accurately represents the Business’ services and their potential to improve your life; however, there are no guarantees. Your level of success in achieving your goals and obtaining results is dependent upon factors such as your determination, ability, and commitment, to name a few. Because these factors differ according to each person, the Business’ services cannot and do not guarantee your success. You alone are responsible for your actions and results. By scheduling and paying for a service, you are entering into an agreement of understanding the above. (See also “Terms of Service” below.)
Throughout DishWithDina.com, there may be links and pointers to Internet sites maintained by third parties. This linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through those sites. In addition, DishWithDina.com does not operate or control in any respect any information, products or services that third parties may provide on or through this Site or on sites linked to on this Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not DishWithDina.com, or Dina R. D’Alessandro, RDN, CN, PLLC/DishWithDina (the “Business”). Neither the Site, the Business, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the Site, the Business, and the Brand do not endorse nor are responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the third-party sites.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISHWITHDINA.COM AND DINA R. D’ALESSANDRO, RDN, CN, PLLC/DISHWITHDINA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND FOUNDER DO NOT WARRANT THAT THIS SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE, BUSINESS, AND BRAND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless the Site, Services, Business (present or future), Brand, their affiliates, successors, transferees, assignees, licensees, parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Terms of Service
The Business reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case revised Terms of Service will be posted on the Site. By continuing to use the Site after any such changes are posted, you accept the Terms of Service, as modified.
If you are outside of the European Union and have opted to receive any of our services (which include, but are not limited to free or paid products, downloads, webinars, trainings, or live events), you will be automatically enrolled in our free email newsletter. You have the right to opt out of receiving such communications at any time by e-mailing email@example.com. If you are within the European Union and have opted to receive any of our services (which include, but are not limited to free or paid products, downloads, webinars, trainings, or live events), you will only be enrolled in our free email newsletter if you have affirmatively requested to be added.
Intellectual Property Rights
The Business’s Limited License to You. This Site and all the materials available on the Site are the property of the Business and/or all (present or future) affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of the Business’s rights or that has not been authorized by the Business. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to the Business. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) on the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting the Site and the Business, and anyone authorized by either, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant the Business, and anyone authorized by the Business, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as the Business deems appropriate.
You acknowledge and agree that any contributions originally created by you for the Site shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Dina R. D’Alessandro, RDN, CN, PLLC/DishWithDina from their creation. Thus, the Business shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as the Business determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to the Business all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by the Business.
You acknowledge that the Business has the right but not the obligation to use and display any postings or contributions of any kind and that it may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by the Business or by the Site. However, you may not, without the Business’s prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of the Business’s material, content or intellectual property.
Certain sections of the Site may allow you to purchase products and services online that are provided by third parties. DishWithDina.com and Dina R. D’Alessandro, RDN, CN, PLLC/DishWithDina are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and the Business. A merchant may have privacy and data collection practices that are different from the Business’s. The Business has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release the Business and its (present or future) affiliates from any damages that you incur, and agree not to assert any claims against the Business or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through this Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the Business, shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to the Business or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Site may include a variety of features, such as bulletin boards, web logs (“blogs”), comments sections, and email services, which allow feedback to the Business and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, comments sections, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user–you alone are responsible for the material you post or send. The Business can not and does not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks the Business uses to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the Business’s express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
DishWithDina.com (the “Site”) may host message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from, and refused continued access to, the message boards, chats or other public forums in the future. The Business, or the Business’s designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by the Business or its (present or future) staff, outside contributors, or by users not connected with it, some of whom may employ anonymous user names. The Business expressly disclaims all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is the Business responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will the Business or its (present or future) affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the Business or any of its subsidiaries or affiliates.
The Business has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that the Business has the absolute right to monitor the same at its sole discretion. In addition, the Business reserves the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect the Business, its clients, sponsors, users, and visitors.
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify the Business immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Business cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE BUSINESS, OR THE BUSINESS’S (PRESENT OR FUTURE) SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF THE BUSINESS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE BUSINESS’S LIABILITY AND ITS LIABILITY OF ITS PRESENT OR FUTURE SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE BUSINESS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND The Business, MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You acknowledge and agree that no representation has been made by the Business, and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in the Business’ services.
The Business shall not be liable to the Client of services on account of any personal injuries or property damage sustained in performance of services hereunder. The Client shall indemnify and hold the Business harmless from all liability for personal injuries or property damage directly related to the performance of services.
As noted above, the Business does not give medical advice, make any health claims, or guarantee a specific outcome, nor does it offer any guarantee of success or definitively changed behavior. The Client accepts full responsibility for decisions and it shall be the personal responsibility of the Client to ensure that any products, services, or information available through the Business’ services meet his or her specific requirements. As such, the Business strongly advises the Client to consult with a medical professional before making any significant dietary or lifestyle adjustments.
The Business is not responsible for any resulting sickness, allergic reaction, or ailment from preparing or consuming any foods brought on premises. The Client fully acknowledges to understand and accept the risks associated with consuming raw/undercooked animal products, improperly handled produce, and/or incorrectly stored food products. Please visit the Centers for Disease and Prevention’s website (http://www.cdc.gov/) for detailed information about food-borne illnesses and improper food handling.
The Business may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Your purchase of a product, service or entry to an event may or may not provide for any refund. Each product, service, or event will specify its own refund policy. You must agree upon registration to that product, service, or event’s specific refund policy: for instance, in order to be eligible for a refund for the One-year Individual Healthful Lifestyle Coaching Package, you MUST submit your completed assignments for all available sessions within 30 days of the start of the package; in order to be eligible for a refund for a One-hour Nutrition Counseling Session, you MUST cancel at least 48 hours prior to your appointment. The Business is fully committed to help you improve your life; however, if you follow your assignments and believe that the services have not delivered on their promise to you, the Business will refund 100% of your money because it only wants serious and committed clients and maintains a very high standard of action-oriented learning.
Every effort must be made to reschedule a previously scheduled appointment or session with Dina R. D’Alessandro (“the Registered Dietitian Nutritionist/RDN”). In order to be eligible for a refund, the Client MUST cancel at least 48 hours prior to the session. In the event the Business cancels, payments will be refunded in full or the date will be rescheduled.
The Business holds the right to terminate an Agreement without refund with any Client that violates these Terms and Conditions.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright, you, or your agent may send the Business a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Business’s actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Business a counter-notice. All notices and counter notices must meet the current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
This Agreement shall be binding upon and inure to the benefit of the Business, and its (present or future) respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the Business’s prior written consent. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by the Business to any affiliated entity or any of its wholly owned subsidiaries.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York and any dispute shall be subject to binding arbitration in New York, NY. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
HIPAA NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW PROTECTED HEALTH INFORMATION ABOUT YOU 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 Dina R. D’Alessandro at firstname.lastname@example.org.
OUR PLEDGE REGARDING PROTECTED HEALTH INFORMATION
The Business understands that protected health information about you and your health is personal. We are committed to protecting health information about you. This Notice applies to all records of your care generated by the Business, whether made by the Business personnel or your personal doctor.
This Notice will tell you about the ways in which we may use or disclose protected health information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of protected health information. Federal law requires us to:
- make sure that protected health information that identifies you is kept private;
- notify you about how we protect protected health information about you;
- explain how, when, and why we use and disclose protected health information; and
- follow the terms of the Notice that is currently in effect.
We are required to follow the procedures in this Notice. We reserve the right to change the terms of this Notice and to make new Notice provisions effective for all protected health information that we maintain by:
- Posting the revised Notice in our office;
- Making copies of the revised Notice available upon request; and
- Posting the revised Notice on our Web site.
HOW WE MAY USE AND DISCLOSE PROTECTED HEALTH INFORMATION ABOUT YOU
The following categories describe different ways that we may use and disclose protected health information without your written authorization.
For Treatment. We may use protected health information about you to provide you with, coordinate, or manage your medical treatment or services. We may disclose protected health information about you to doctors, nurses, technicians, medical students, or other Business personnel, including persons outside of our office who are involved in your medical care.
Business staff may also share protected health information about you in order to coordinate your care for such reasons as prescriptions, lab work, and x-rays.
We may use and disclose protected health information to contact you as a reminder that you have an appointment for treatment or medical care at DishWithDina. We may use and disclose protected health information to tell you about or recommend possible treatment options, treatment alternatives, or health-related benefits or services that may be of interest to you.
For Payment for Services. We may use and disclose protected health information about you so that the treatment and services you receive at the Business may be billed to and payment may be collected from you, an insurance company, or a third party. For example, we may need to give your health plan information about nutrition services you received when meeting with the RDN so your health plan will pay us or reimburse you for the service. We may also tell your health plan about the nutrition services you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.
For Health Care Operations. We may use and disclose protected health information about you for our health care operations, such as our quality assessment and improvement activities, case management, coordination of care, business planning, customer service, and other activities. These uses and disclosures are necessary to run the facility, reduce health care costs, and make sure that all of our clients receive quality care.
For example, we may use protected health information to review our treatment and services or to evaluate the performance of the RDN who is providing your services. We may also combine protected health information about many of our clients to decide what additional services the Business should offer, what services are not needed, and whether certain treatments are effective. We may also disclose information to doctors, nurses, technicians, medical students, and other Business personnel for review and learning purposes.
Subject to applicable state law, the law allows or requires us to use or disclose your health information without your authorization in some limited situations for purposes beyond treatment, payment, and operations.
As Required by Law. We will disclose protected health information about you when required to do so by federal, state, or local law.
Research. We may disclose your protected health information to researchers when their research has been approved by an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your information. We may permit researchers to review records to help identify clients who may be included in their research projects or for similar purposes as long as the researchers do not remove or take a copy of any health information.
To Avert a Serious Threat to Health or Safety. We may use and disclose protected health information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.
We may also disclose protected health information about you to a government authority if we reasonably believe that you are a victim of abuse, neglect, or domestic violence. We will only disclose this type of information to the extent required by law, and we will only disclose it if (a) you agree to the disclosure, or (b) the disclosure is allowed by law and we believe it is necessary to prevent or lessen a serious and imminent threat to you or another person.
Judicial and Administrative Proceedings. We may disclose your protected health information in response to a court or administrative order. We may also disclose your protected health information in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made, either by us or the requesting party, to tell you about the request or to obtain an order protecting the information requested.
Business Associates. We may disclose information to business associates who perform services on our behalf (such as billing companies). However, we require that these associates appropriately safeguard your information. Our business associates are obligated to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract.
Public Health. As required by law, we may disclose your protected health information to public health or legal authorities charged with preventing or controlling disease, injury, or disability.
Health Oversight Activities. We may disclose protected health information to a health oversight agency for activities authorized by law. These activities include audits, investigations, and inspections, as necessary for licensure and for the government to monitor the health care system, government programs, and compliance with civil rights laws.
Law Enforcement. We may release protected health information as required by law, or in response to an order or warrant of a court, a subpoena, or an administrative request. We may also disclose protected health information in response to a request related to identification or location of an individual, a victim of crime, a decedent, or a crime on the premises.
Organ and Tissue Donation. If you are an organ donor, we may release protected health information to an organ donation bank or to organizations that handle organ procurement or organ, eye, or tissue transplantation, as necessary to facilitate organ or tissue donation and transplantation.
Special Government Functions. If you are a member of the armed forces, we may release protected health information about you if it relates to military and veterans activities. We may also release your protected health information for national security and intelligence purposes, protective services for the President, and medical suitability or determinations made by the Department of State.
Coroners, Medical Examiners, and Funeral Directors. We may release protected health information to a coroner or medical examiner. This release may be necessary, for example, to identify a deceased person or determine the cause of death. We may also disclose protected health information to funeral directors, consistent with applicable laws, to enable them to carry out their duties.
Correctional Institutions and Other Law Enforcement Custodial Situations. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release protected health information about you to the correctional institution or law enforcement official as necessary for your or another person’s health and safety.
Worker’s Compensation. We may disclose protected health information as necessary to comply with laws relating to worker’s compensation or other similar programs established by law.
Food and Drug Administration (FDA). We may disclose to the FDA, or persons under the jurisdiction of the FDA, protected health information relative to adverse events with respect to drugs, foods, supplements, products, and product defects, or postmarketing surveillance information to enable product recalls, repairs, or replacement.
Fundraising. We may also contact you as part of fundraising efforts. You have the right to opt out of receiving such communications.
YOU CAN OBJECT TO CERTAIN USES AND DISCLOSURES
Unless you object, or request that only a limited amount or type of information be shared, we may use or disclose protected health information about you in the following circumstances:
- We may share with a family member, relative, friend or other person identified by you protected health information that is directly relevant to that person’s involvement in your care or payment for your care. We may also share information to notify these individuals of your location, general condition, or death.
- We may share protected health information with a public or private agency (such as the American Red Cross) for disaster relief purposes. Even if you object, we may still share this information if necessary under emergency circumstances.
If you would like to object to use and disclosure of protected health information in these circumstances, please call or write Dina R. D’Alessandro at email@example.com.
YOUR RIGHTS REGARDING PROTECTED HEALTH INFORMATION ABOUT YOU
You have the following rights regarding protected health information that we maintain about you:
Right to Inspect and Copy. You have the right to inspect and copy protected health information that may be used to make decisions about your care or payment for your care. If we maintain your protected health information electronically, you can request that we provide access in an electronic form and format that is readily producible, or in a form and format agreed to by us.
To inspect and copy protected health information that may be used to make decisions about you, you must submit your request in writing to Dina R. D’Alessandro . If you request a copy of the information, we may charge a fee for the costs of copying, mailing, or supplies associated with your request. We may not charge you a fee if you need the information for a claim for benefits under the Social Security Act or any other state or federal needs-based benefit program. We will respond to your request no later than 30 days after we receive it. There are certain situations in which we are not required to comply with your request. In these circumstances, we will respond to you in writing, stating why we will not grant your request and describe any rights you may have to request a review of our denial.
Right to Amend. If you feel that protected health information we have about you is incorrect or incomplete, you may ask us to amend or supplement the information.
To request an amendment, your request must be made in writing and submitted to Dina R. D’Alessandro at firstname.lastname@example.org. In addition, you must provide a reason that supports your request. We will act on your request for an amendment no later than 60 days after we receive it.
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 these circumstances, we will provide a written denial stating why we will not grant your request. In addition, we may deny your request if you ask us to amend information that:
- was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
- is not part of the protected health information kept by DishWithDina;
- is not part of the information that you would be permitted to inspect and copy; or
- we believe is accurate and complete.
Right to an Accounting of Disclosures. You have the right to request an “accounting of disclosures.” This is a list of the disclosures we made of protected health information about you.
To request this list of disclosures, you must submit your request in writing to Dina R. D’Alessandro, at email@example.com. You may ask for disclosures made within the six years before your request. The first list you request within a 12-month period will be free. For additional lists in that 12-month period, we may charge you for the costs of providing the list. We are required to provide a list of all disclosures except the following:
- Disclosures made for your treatment;
- Those used for billing and collection of payment for your treatment;
- Those related to health care operations;
- Those made to you or requested by you, or those that you authorized;
- Those that occurred as a byproduct of permitted use and disclosures;
- Those used for national security or intelligence purposes, or provided to correctional institutions or law enforcement regarding inmates;
- Those that were a part of a limited data set of information that does not contain information identifying you.
Right to Request Restrictions. You have the right to request a restriction or limitation on the protected health information we use or disclose about you for treatment, payment, or health care operations, or to persons involved in your care.
We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment, the disclosure is to the Secretary of the Department of Health and Human Services, or the disclosure is required by law.
To request restrictions, you must make your request in writing to Dina R. D’Alessandro, firstname.lastname@example.org.
Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail.
To request confidential communications, you must make your request in writing to Dina R. D’Alessandro at email@example.com. We will accommodate all reasonable requests.
Right to a Paper Copy of This Notice. You have the right to a paper copy of this Notice at any time. To receive a paper copy, contact Dina R. D’Alessandro at firstname.lastname@example.org.
Right to Receive Notice of Breach. You have a right to be notified upon a breach of any of your unsecured protected health information.
Rights for Out-of-Pocket Payments. If you paid out of pocket in full for a specific item or service, you have a right to ask that your protected health information with respect to that item or service not be disclosed to a health plan for purposes of payment or health care operations. We are required to agree to your request unless the disclosure is otherwise required by law.
TYPES OF USES AND DISCLOSURES REQUIRING AN AUTHORIZATION
Most uses and disclosures of psychotherapy notes require us to obtain an authorization from you. In addition, in most instances, we cannot use or disclose your protected health information for marketing purposes or sell your protected health information without your written authorization. Finally, any other use or disclosure not described in this Notice will be made only with your authorization. Any time you provide us with a written authorization, you may revoke it any time in writing, to the extent that we have not already taken action in reliance on your previous authorization.
OTHER USES AND DISCLOSURES
We will obtain your written authorization before using or disclosing your protected health information for purposes other than those described in this Notice (or as otherwise permitted or required by law). You may revoke this authorization in writing at any time. Upon receipt of the written revocation, we will stop using or disclosing your information, except to the extent that we have already taken action in reliance on the authorization.
YOU MAY FILE A COMPLAINT ABOUT OUR PRIVACY PRACTICES
If you believe your privacy rights have been violated, you may file a complaint with the Business or the RDN, or file a written complaint with the Secretary of the Department of Health and Human Services. A complaint to the Secretary should be filed within 180 days of the occurrence or action that is the subject of the complaint.
If you file a complaint, we will not take any action against you or change our treatment of you in any way.
CHANGES TO THIS NOTICE
We reserve the right to change this Notice and make the new Notice apply to health information we already have, as well as any information we receive in the future. We will post a copy of our current Notice in our office. The notice will have the effective date clearly marked at the top of the first page.