Everly Well, Inc.
Informed Consent and Notice of Privacy Practices
Last modified: March 07, 2022
Health Plan Preventative Screening Programs
If your health plan has made available an at-home, preventative screening collection kit, your kit will include a sample label, instructions for use, product information and informed consent and authorization (collectively, “Program Materials”), which include the following information:
- Everlywell (or its affiliates, collectively “Everlywell,” “we” or “us”) may contact you using the contact information provided by you or your health plan.
- To assess whether your test is appropriate for preventative screening purposes, you may receive telehealth services from PWN Remote Care Services, P.A., a Delaware professional corporation, PWN Remote Care Services, P.C., a California professional corporation, PWN Remote Care Services, Prof. Corp., a Hawaii professional corporation, PWN Remote Care Services, P.A., a Kansas professional association, PWN Remote Care Services, P.C., a New Jersey professional corporation, PW Medical Professional, P.C., a New York professional corporation, or PWN Remote Care Services, P.A., a Texas professional association (together with their administrative services provider, PWNHealth, LLC, collectively, “PWN”).
- We will make your lab results available to you, and the PWN care team may contact you to assist you in understanding your results. We may also disclose your results to your health plan and a physician identified by your health plan. Aside from these services, no other treatment relationship is established between you, PWN or the testing lab.
The Program Materials also included a link to this web address to provide you with more detail about these services (collectively, the “Services”).
If you have any questions about the Services, please contact the Everlywell Member Support Team at 1-855-923-2678 (TTY: 711) (Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time, excluding holidays) or on the web at membersupport.everlywell.com.
Our Services
Everlywell offers at-home lab testing services that enables you to receive preventative screening tests, such as Fecal Immunochemical Testing (FIT), urine testing to assess kidney function, or HbA1c testing for blood glucose levels, from the convenience of your home.
At the request and direction of your health plan, the Everlywell Member Support Team may contact you to discuss the lab testing and telehealth services described in the Program Materials using the contact information provided to us or by you or your health plan.
In connection with your test, you may receive telehealth services provided by PWN to determine whether the test described in the Program Materials (the “Test”) is appropriate for you for preventative screening purposes and/or to furnish consultations regarding said Test (the “Telehealth Services”). Except for the preventative screening services described herein, the Telehealth Services will not constitute any other form of treatment. The Telehealth Services will be delivered by clinicians who are not in the same physical location as you.
In order to utilize the Services, you must collect the appropriate biological sample(s) (e.g., blood, stool, urine, “Sample”). Your Sample will be tested by our testing laboratory. In the event that we determine that your Sample is not suitable for testing due to the content of the Sample, we may attempt to contact you to submit another Sample. We will make the results (“Results”) of your Test available to you as described in the Program Materials or as otherwise communicated to you by the Everlywell Member Support Team. After reviewing your Results, PWN may attempt to contact you and/or advise you to have a follow-up visit with your doctor. However, you agree and acknowledge that neither the Results nor any consultation you have with a PWN clinician will constitute a medical diagnosis of any kind.
Voluntary Participation
Our Services are offered and available to users who are 18 years of age or older and are residents of the United States. Your use of the Services is voluntary. It is your choice whether to utilize our Services or not. You may wish to speak with your health plan or your healthcare provider for further guidance about our Services. You may withdraw consent to receiving any of the Services at any time prior to the completion of the Test(s) by contacting the Everlywell Member Support Team at 1-855-923-2678 (TTY: 711) (Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time, excluding holidays) or on the web at membersupport.everlywell.com.
Risks
In order to utilize our Services, you must collect the appropriate biological Sample(s) for the test(s). Some of our tests require a stool sample; there are no risks associated with collecting stool samples using the containers provided in our test kit(s). Some of our tests require the collection of a blood sample. Although the risks and discomforts associated with a blood draw are very low, you might be at risk for excessive bleeding, fainting, feeling light-headed, bruising, hematoma (blood accumulating under the skin), or infection (a slight risk any time the skin is broken). If you have a history of excessive bleeding or fainting while having blood work done, we advise avoiding our tests that require self blood collection.
Disclosing certain information may make you uncomfortable. The results of the tests provided by these Services will be shared with your health plan, which is covering the cost of the Services. The results of the tests provided by these Services may also be shared with the clinical provider designated by your health plan. Our Services include biomarker tests that may reveal sensitive information about your health. A PWN clinician or their designee may advise you to have a follow-up visit with your doctor after reviewing the Results of your test. As a result, you may learn about health conditions and problems or potential health risks that you were not aware of before you utilized our Services. You may experience stress, anxiety, or emotional or other discomfort when you learn about health problems or potential health problems. The tests may also identify a health risk for a condition that you do not ultimately get diagnosed with, which can lead to stress, anxiety, or emotional or physical discomfort. There may also be additional risks of utilizing our Services that are currently unforeseeable.
Abnormal Results
If you receive an abnormal Result on a Test, PWN’s Care Coordination Team will attempt to call you to review the Result, offer education and explain what next steps could be taken. PWN’s Care Coordination Team may leave you a voicemail but will not include your test results in any voicemail message. If you are not able to be reached, PWN’s Care Coordination Team will mail a follow-up letter to the residential address provided by your health plan (the letter will not include your test Results). If you receive an abnormal result and have not connected with PWN’s Care Coordination Team, you should NOT delay following up with your personal physician.
You are responsible for forwarding any Results to your primary care or other personal physician and for initiating follow up with such physician for care, diagnosis, medical treatment or to obtain an interpretation of the Results. You should not make medical decisions without consulting a healthcare provider or disregard medical advice from your healthcare provider or delay seeking such advice based on information as a result of the use of the Services.
Limitations
OUR SERVICES DO NOT PROVIDE MEDICAL ADVICE.> The information and content provided, including but not limited to text, graphics, images, videos, and other material contained in the Services, are for informational purposes only and are not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your doctor or other qualified healthcare provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via our Site. Nothing contained in the Services is intended to constitute a medical diagnosis or treatment.
As with all laboratory tests, there is a chance of a false positive or false negative result. Reliance on any information appearing in the Services, including but not limited to information provided by Everlywell, PWN clinicians or their agents or subcontractors, is solely at your own risk. Your results are not intended to be used for any diagnostic purposes and are not a substitute for professional medical advice. You understand that our Services are for information and educational use only; Everlywell does not provide medical services, diagnosis, treatment, or advice.
Everlywell does not warrant the accuracy, completeness, timeliness or usefulness of the opinions, content, services or other information provided through the Services or on the Internet generally. Everlywell and its affiliates, licensors, and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your state of residence.
Everlywell implements several safeguards to avoid technical errors, but as with all medical tests, there is a chance of a false positive or a false negative result. A false positive result means a biomarker was detected, which is not in fact present. A false negative result means the test failed to identify a biomarker that is in fact present. Other sources of error include sample mix-up, poor sample quality or contamination, and technical errors in the laboratory. Some biological factors, such as a history of bone marrow transplants or recent blood transfusions may limit the accuracy of the results or prevent the Services from being completed.
Science and our knowledge of biomarkers’ meanings are constantly changing. New information may replace or add to the information that we used to interpret your results. We are not obligated to notify you if there is a new understanding of biomarkers that might result in a change to the interpretation of your results. We reserve the right to contact you, at our option, in the future.
Use and Disclosure of Your Health Information
General: We may use and disclose your health information for treatment, payment and healthcare operations purposes, as such terms are defined under the implementing regulations of Health Insurance Portability and Accountability Act (HIPAA) of 1996.
- Treatment includes providing, coordinating, or managing health care and related services by one or more health care providers.
- Payment includes activities such as collecting payments from your health plan.
- Health Care Operations include activities such as operating our business, conducting quality assessments and improvement activities, auditing functions, cost management analysis, customer service, such as reaching out to you and furnishing your Results to your health plan. “Health Care Operations” also includes the creation of limited data sets and de-identified health information.
We may engage third parties to provide various services for us. If any such third party must have access to your identifiable health information to perform its services, we will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this notice.
As Required by Law: We may use and disclose your health information to the extent required by law.
Special Circumstances: The following categories describe unique circumstances in which we may use or disclose your health information:
- Public Health Activities. We may disclose your health information to public health authorities or other governmental authorities for purposes including preventing and controlling disease and reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity.
- Health Oversight Activities. We may disclose your health information to a health oversight agency for authorized activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.
- Judicial and Administrative Proceedings. We may disclose your health information, in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.
- Law Enforcement. We may, under certain circumstances, disclose your health information to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness or missing person.
- Decedents. We may, under certain circumstances, disclose your health information to authorized representatives of decedents.
- Research. We may, under certain circumstances, use or disclose health information that is necessary for research purposes.
Your Health Information Rights
You have the following rights with respect to your protected health information.
- Restrictions. The right to request restrictions on certain uses and disclosures of protected health information. We are not required to comply with your request. However, if we agree to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency.
- Confidential Communications. The right to reasonable requests to receive confidential communications of protected health information by alternative means or at alternative locations.
- Copies of Medical Information. The right to inspect and copy your protected health information. You must submit your request in writing to us. We may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. We may deny your request to inspect and/or copy your health information in certain limited circumstances. If that occurs, we will inform you of the reason for the denial, and you may request a review of the denial.
- Requests for Amendment. You have a right to request that we amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by us. You must submit your request to us in writing to us and provide a reason to support the requested amendment. We may, under certain circumstances, deny your request by sending you a written notice of denial. If we deny your request, you will be permitted to submit a statement of disagreement for inclusion in your records.
- Accounting of Disclosures. You have a right to receive an accounting of all disclosures we have made of your health information. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request to us in writing and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, we may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. We will inform you of such costs in advance, so that you may withdraw or modify your request to save costs.
- Breach. You have the right to be notified in the event that we or our subcontractor discovers a breach of unsecured identifiable health information.
- Copy of Notice. You have the right to obtain a paper copy of this Notice from us at any time upon request.
- Complaint. You may complain to us and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with us, you must submit a statement in writing [email protected]. We will not retaliate against you for filing a complaint.
You may exercise any of the foregoing rights by presenting a written request to [email protected].
Questions
If you have any questions about the Services, please contact the Everlywell Member Support Team at 1-855-923-2678 (TTY: 711) (Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time, excluding holidays) or on the web at membersupport.everlywell.com.