SMS TEXTING TERMS AND CONDITIONS

1) NOTICE OF SMS TEXTING TERMS AND CONDITIONS

Better Health & Wellness LLC. (“we,” “our,” or “us”) is committed to protecting your privacy, safeguarding your health information, and maintaining compliance with applicable laws, including the Health Insurance Portability and Accountability Act (HIPAA).

This document describes:

  • How we collect, use, and protect your information

  • Your rights under HIPAA

  • ‍How we communicate with you, including via SMS

‍By using our services or opting into communications, you agree to these terms.

‍‍Please review this notice carefully.

2) Protected Health Information (PHI)

‍As a healthcare provider, we may collect and maintain Protected Health Information (PHI), which may include medical history and treatment information, appointment and care records, billing and insurance information, and any information that identifies you and relates to your health or care.‍‍

We are required by law to maintain the privacy and security of your PHI, provide you with notice of our legal duties and privacy practices, and notify you in the event of a breach of unsecured PHI.‍‍‍ ‍

3) Information We Collect

Personal Information, which may include full name, phone number, email address, and mailing address.‍‍

Health Information (PHI), which may include information related to your care, treatment, and services.‍‍

Automatically Collected Information (if applicable), which may include IP address, device/browser data, and, website usage data.‍‍‍‍ ‍

4) How We Use and Disclose Your Information

‍‍We may use and disclose your information, including PHI, for the following purposes:‍‍

  • Treatment - To provide, coordinate, or manage your healthcare and related services.‍‍

  • Payment - To bill and receive payment for services provided.‍‍

  • Healthcare Operations - To operate our practice, improve services, and ensure quality care.‍‍

  • Other Permitted Uses - Appointment reminders and care coordination, compliance with legal obligations, and/or public health and safety requirements‍‍.

We will obtain your written authorization for uses not otherwise permitted by law.‍‍

5) Information Sharing and Disclosure

We do not sell or rent your personal information.‍‍ We may share information:‍‍

  • With Service Providers (Business Associates) - We may share PHI with third-party service providers who perform services on our behalf (e.g., billing, communication platforms). These providers are required to comply with HIPAA and safeguard your information through Business Associate Agreements (BAAs).‍‍

  • As Required by Law - We may disclose information when required by federal or state law.‍‍

  • SMS Compliance Statement - No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.‍

6) Data Security

We implement administrative, physical, and technical safeguards to protect your information, including PHI.‍‍ ‍

However, no electronic system is completely secure, thus we cannot guarantee absolute security. In the event of a breach of unsecured PHI, you will be notified as required by law.‍‍ ‍

7) SMS Text Messaging Terms & Conditions

‍‍Consent for SMS Communication - By providing your phone number and engaging with our SMS messages you consent to receive SMS messages from Better Health & Wellness LLC. and you acknowledge and accept these terms.‍‍

Types of Messages may include appointment reminders, scheduling updates, care coordination messages, follow-ups, billing-related communications, and/or practice announcements.‍‍

Messages may be sent by administrative staff, care coordinators, or clinical team members.‍‍

Message Frequency - Message frequency varies based on your care and interaction with our services.‍‍

Opt-In Methods - You may opt in verbally during a conversation or during intake or service engagement.‍‍

Opt-Out Instructions - Reply STOP at any time to opt out. Reply START to opt back in.‍‍

Costs - Message and data rates may apply. We are not responsible for carrier charges.‍‍

Message Delivery Disclaimer - We are not responsible for delayed or undelivered messages.‍‍‍

8) Your Rights Under HIPAA‍ ‍

Important SMS Privacy Notice (HIPAA-Specific) - SMS messaging is not a secure or encrypted method of communication. By opting in you acknowledge the risks of unsecure messaging. You agree not to send sensitive or detailed health information via text. For confidential matters, please contact our office directly by phone.‍‍

You have the following rights regarding your PHI:‍‍

  • Right to Access - Request copies of your health records.‍‍

  • Right to Amend - Request corrections to inaccurate or incomplete records.‍‍

  • Right to Restrict - Request limits on how your information is used or shared.‍‍

  • Right to Confidential Communications - Request communication through specific methods (e.g., phone only).‍‍

  • Right to an Accounting of Disclosures - Request a record of certain disclosures of your PHI.‍‍

  • Right to a Copy of This Notice - You may request a paper copy at any time.

9) Children’s Privacy

‍We do not knowingly collect information from children under 13 without appropriate consent.

‍‍10) Third-Party Websites

‍We are not responsible for the privacy practices of third-party websites.

11) Changes to This Policy

We may update this policy at any time. Updates will include a revised effective date.

‍‍12) Complaints & Grievances

You may file a complaint without fear of retaliation:

‍‍Better Health & Wellness LLC
Attn: Privacy Officer
74 N Main Street
Walton, KY 41094
Phone: 859-938-6579
Fax: 859-938-6489

‍‍You may also file a complaint with:
U.S. Department of Health & Human Services, Office for Civil Rights

13) Right to a Paper Copy

You may request a paper copy of this notice at any time.

‍A digital version of this notice may be downloaded by clicking HERE ‍‍