JASNA'S YOGA-

Privacy Policy

Jasna's Yoga

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Privacy Policy

NOTICE OF PRIVACY PRACTICES of THOUART, LLC dba Jasna’s Yoga.

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

The Health Insurance Portability and Accountability Act (“HIPAA”) regulates the use and disclosure of protected health information. This Notice summarizes some of the requirements of HIPAA. It is not a contract or guarantee and does not provide any additional or other rights not expressly provided under and required by HIPAA.

This Notice does not apply to health information that does not identify an individual. 
Such “de-identified” information is not protected health information.

Purpose of Notice

Voluntary compliance: ThouArt, LLC is voluntarily taking steps to maintain the privacy of protected health information since ThouArt, LLC is not a health care provider, but since we do ask you to disclose information which might limit your yoga fitness exercise to protect against injuries we wish to voluntarily inform you about:

• the practices of ThouArt, LLC regarding use and disclosure of your protected health information;

• your privacy rights with respect to your protected health information;

• ThouArt, LLC’s duties with respect to your protected health information;

• your right to file a complaint with ThouArt, LLC and the Secretary of the U.S. Department of Health and Human Services (“HHS”); and

• the person or office to contact for further information about the privacy practices of ThouArt, LLC.

Use and Disclosure of Protected Health Information

Disclosure to You - ThouArt, LLC may disclose your protected health information to you or your personal representative.

Disclosure to HHS - The Secretary of HHS may require use and disclosure of your protected health information to investigate or determine the ThouArt, LLC’s compliance with the privacy regulations under HIPAA. We may also disclose your protected health information as required by law.

Use and Disclosure for Payment, and Yoga and Health Fitness Administration

ThouArt, LLC and their business associates will use and disclose protected health information to carry out collection of payment, without your consent, authorization, or opportunity to agree or object. ThouArt, LLC may also use and disclose protected health information to contact you to provide reminders or information about yoga alternatives or other related services that may be of interest to you. As a Yoga and fitness corporation, ThouArt, LLC may share protected health information with each other to carry out Yoga and fitness instruction or exercise plans, or payment.

ThouArt, LLC may disclose protected health information to your Employer for purposes of administering Yoga and fitness instruction or exercise plans. Payment includes, but is not limited to, actions to make collection determinations and payment (including billing, claims management, subrogation, assignment, reimbursement, For example, ThouArt, LLC may tell a collection agency and their agents whether you owe a debt to ThouArt, LLC. ThouArt, LLC may also disclose protected health information to your employer or your family members or spouse. Also ThouArt, LLC may also disclose protected health information to any other authorized representatives you designate.

Use and Disclosure with Your Authorization

Except as otherwise provided in this Notice or as required or permitted by applicable law, uses and disclosures of your protected health information will be made only with your written authorization. For example, ThouArt, LLC generally will not disclose your protected health information to an Employer for employment purposes or other non-health related purposes without your authorization. You may revoke an authorization in writing unless action has been taken in reliance on such authorization. The revocation of an authorization does not apply to any disclosures already made with authorization. The ThouArt, LLC cannot take back and have no obligation to remedy any such prior disclosures.

Use and Disclosure Subject to Your Right to Object

ThouArt, LLC may disclose your protected health information to family members, other relatives, and your close personal friends if the information is directly relevant to the family member’s, relative’s, or friend’s involvement with your yoga or fitness practice or payment for that yoga or fitness and if you are present at or prior to the disclosure and have either agreed to the disclosure or have been given an opportunity to object and not objected.

Other Permissible Uses and Disclosures

ThouArt, LLC may use and disclose your protected health information without your consent, authorization, or request under the following circumstances:

• When required by federal, state, or local law.

• When permitted for purposes of public health activities. For example, protected health information may be disclosed (1) to a public health authority for the purpose of preventing or controlling disease or injury or to report child abuse or neglect, and (2) to report product defects, to permit product recalls, and to conduct post-marketing surveillance.

• When required or authorized by law to report information about abuse, neglect, or domestic violence to public authorities if a reasonable belief exists that the individual may be a victim of abuse, neglect, or domestic violence.

• For health oversight activities authorized by law. This includes uses or disclosures in civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions and other activities necessary for appropriate oversight of government benefit programs (for example, to investigate Medicare or Medicaid fraud).

• When required in the course of any judicial or administrative proceeding. For example, ThouArt, LLC may disclose protected health information in response to a court order. ThouArt, LLC may also disclose such information in response to a subpoena or discovery request provided certain conditions are met. One of those conditions is that ThouArt, LLC be provided satisfactory assurances that the requesting party has made a good faith attempt to provide written notice to you, the notice provided sufficient information about the proceeding to permit you to raise an objection, and no

objections were raised or were resolved in favor of disclosure by the court or administrative tribunal.

• For law enforcement purposes. For example, if required by law ThouArt, LLC may disclose protected health information to report certain types of wounds. ThouArt, LLC may also disclose certain protected health information in response to a law enforcement request for the purpose of identifying or locating a suspect, fugitive, material witness, or missing person, or for certain purposes relating to the victim of a crime.

• When required to be given to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. Also, disclosure is permitted to a funeral director, consistent with applicable law, as necessary to carry out the duties of the director with respect to the decedent.

• For the purpose of facilitating organ, eye, or tissue donation and transplantation.

• For research purposes, subject to certain conditions.

• When consistent with applicable law if ThouArt, LLC in good faith believes the use or disclosure is necessary (1) to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and the disclosure is to a person reasonably able to prevent or lessen the threat, or (2) is necessary for law enforcement authorities to identify or apprehend an individual. ThouArt, LLC may also disclose protected health information to federal, state, or local agencies engaged in disaster relief as well as to private disaster relief or disaster assistance agencies to allow such entities to carry out their responsibilities in specific disaster situations.

• For purposes of certain specialized government functions, including military and veteran’s activities, national security and intelligence activities, certain protective services, and activities of correctional institutions.

• When authorized by and to the extent necessary to comply with workers’ compensation or other similar programs established by law.

Privacy Rights

Right to Request Restriction on Protected Health Information Use and Disclosure

You may request that ThouArt, LLC restrict use and disclosure of your protected health information to carry out treatment, payment, or health care operations or restrict use and disclosure to family members, relatives, or friends identified by you who are involved in your care or payment for your care.
ThouArt, LLC is not required to agree to your requests. ThouArt, LLC may accommodate your request to receive communications of protected health information by alternative means or at alternative locations if you notify ThouArt, LLC that communication in another manner may endanger you. You or your personal representative will be required to complete a form to request restrictions on uses and disclosures of your protected health information or alternative communications of your protected health information. Such requests must be submitted to the attention of “Protected Health Information Restriction Request” c/o the Privacy Officer (see the “Contact Information” below).

Right to Inspect and Copy Your Protected Health Information

You have the right to inspect and obtain a copy of your protected health information contained in a “designated record set” for as long as ThouArt, LLC maintains such protected health information. 
A “designated record set” includes enrollment, payment, billing, claims adjudication, Waiver of Liability forms, and management record systems maintained by or for ThouArt, LLC and used to make decisions about individuals. However, certain types of protected health information will not be made

available for inspection and copying, including psychotherapy notes and protected health information collected by ThouArt, LLC in connection with or in reasonable anticipation of any claim or legal proceeding. The requested information will be provided within 30 days if the information is maintained on-site or within 60 days if the information is maintained off-site. A single 30-day extension is allowed if ThouArt, LLC is unable to comply with the deadline. You or your personal representative will be required to complete a form to request access to your protected health information in a designated record set. Such requests must be submitted to the attention of “Protected Health Information

Inspection Request” c/o the Privacy Officer (see the “Contact Information” below). If access is denied, you or your personal representative will be provided with a written denial setting forth the basis for the denial, a description of how you may exercise those review rights, and a description of how you may complain to the Secretary of the HHS. 
Right to Amend Your Protected Health Information

You have the right to request that ThouArt, LLC amend your protected health information or a record about you contained in a designated record set for as long as the information is maintained in the designated record set. ThouArt, LLC may deny your request if it is not in writing or does not include a reason that supports the request. In addition, ThouArt, LLC may deny your request if you request to amend protected health information that is accurate and complete; was not created by ThouArt, LLC unless the person or entity that created the protected health information is no longer available to make the amendment; is not part of a designated record set kept by or for ThouArt, LLC s; or is not part of the protected health information which you would be permitted to inspect and copy. ThouArt, LLC has 60 days after the request is made to act on the request. A single 30-day extension is allowed if ThouArt, LLC is unable to comply with such deadline.

You or your personal representative will be required to complete a form to request an amendment of your records or protected health information in a designated record set. Such requests must be submitted to the attention of “Protected Health Information Amendment Request” c/o the Privacy Officer (see the “Contact Information” below). If the request is denied in whole or in part, ThouArt, LLC must provide you with a written denial that explains the basis for the denial. You or your personal representative may then submit a written statement disagreeing with the denial and have that statement included with any future disclosures of such protected health information.

Right to an Accounting of Protected Health Information Disclosures

ThouArt, LLC will provide you with an accounting of ThouArt, LLC disclosures of your protected health information during the six year period prior to the date of your request (or the time specified by your request, if less). However, such accounting need not and will not include disclosures made: (1) to carry out treatment, payment, or yoga fitness operations; (2) to individuals about their own protected health information; (3) prior to January 1, 2003; (4) for national security purposes or certain law enforcement purposes; (5) as part of a limited data set; or (6) pursuant to your written authorization.

You or your personal representative will be required to complete a form to request an accounting of disclosures of your protected health information. Such requests must be submitted to the attention of “Protected Health Information Accounting” c/o the Privacy Officer (see the “Contact Information” below). If the accounting cannot be provided within 60 days after your request, an additional 30 days is allowed if the individual is given a written statement of the reasons for the delay and the date by which the accounting will be provided. If you request more than one accounting within a 12- month period, ThouArt, LLC will charge a reasonable, cost-based fee for each additional accounting beyond the first.

Right to a Paper Copy of this Notice

To obtain a paper copy of this Notice, submit a request to the attention of “Privacy Notice Request” c/o the Privacy Officer (see the “Contact Information” below).

Your Personal Representatives. You may exercise your rights under this Notice through a personal representative. Your personal representative may be required to produce evidence of authority to act on your behalf before the representative will be given access to your protected health information or allowed to take any action for you. Proof of such authority may include a parental relationship, a duly notarized power of attorney for yoga fitness and health purposes, or a court order of appointment of the representative as the conservator or guardian of the individual. ThouArt, LLC retain the discretion to deny access to your protected health information to a personal representative to the extent permitted by applicable regulations.

Duties of ThouArt, LLC

ThouArt, LLC is required by HIPAA to maintain the privacy of protected health information and to provide covered yoga students with this Notice of the privacy practices of ThouArt, LLC. ThouArt, LLC will comply with mandatory requirements of applicable state laws regarding the use and disclosure of health information to the extent such laws are more restrictive than and are not preempted by applicable federal laws. Each Plan is required to abide by the terms of the Notice currently in effect. However, ThouArt, LLC reserve the right to change their privacy practices at any time and to apply the changes to any protected health information received or maintained by ThouArt, LLC prior to the date such change is adopted. If a privacy practice is changed, a revised version of this Notice will be provided to all past and present covered students and covered family members for whom ThouArt, LLC still maintains protected health information. Such revised Notice will be provided via hand delivery, mail, Internet, or, to the extent permissible, e-mail. The exact method of delivery will be determined by ThouArt, LLC and may be different for different individuals. Any revised version of this Notice will be distributed within 60 days after the effective date of any material change to the permissible uses or disclosures, an individual’s rights, the duties of ThouArt, LLC or other privacy practices set forth in this Notice. When using or disclosing protected health information or when requesting protected health information from another covered entity, ThouArt, LLC will make reasonable efforts not to use, disclose, or request more than the minimum amount of protected health information reasonably necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations. However, this “minimum necessary” standard will not apply in the following situations: (1) disclosures to or requests by a health care provider for treatment; (2) uses or disclosures made to the individual or a personal representative; (3) disclosures made to HHS; (4) uses or disclosures that are required by law; (5) uses or disclosures made pursuant to an authorization; and (6) uses or disclosures that are required for compliance with HIPAA regulations.

Complaints

If you believe that your privacy rights have been violated, you may complain to ThouArt, LLC in care of the 
Privacy Officer – Mr. MJ Abraham, 13735 Pickford Knolls drive, Houston, TX 77041. You may also file a complaint with the Secretary of HHS, Hubert H. Humphrey Building, 200 Independence Avenue S.W., Washington, D.C. 20201. ThouArt, LLC will not retaliate against you for filing a complaint. An individual cannot sue or bring a claim or other action against any of ThouArt, LLC or any other person to enforce any of the requirements of HIPAA.

Contact Information

If you have any questions regarding this Notice or the subjects described in it, you may contact the Privacy Officer listed above.

ThouArt LLC 2012 Privacy Policy

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