Privacy Policy

OUR COMMITMENT TO PRIVACY

Foundation Bariatric Hospital of San Antonio, LLC, doing business as Foundation Surgical Hospital of San Antonio (“Foundation Surgical Hospital”) is committed to providing high quality service along with the highest level of integrity in dealing with our users of our website (the “Site”).  As an extension of this commitment, this Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information we collect and to assist you in making informed decisions when visiting our Site.   This Privacy Policy will be continuously assessed against new technologies, business practices and our customers’ needs and legal developments, and may be revised accordingly.  

By using the Site you consent to our collection and use of the information as described in this Privacy Policy.  If you do not agree to all of the terms of this Privacy Policy, you should proceed no further and obtain no services through the Site or submit information to the Site.  

THE TYPES OF INFORMATION WE COLLECT

Aggregate Information

Our web server automatically collects the IP address, but not the email address, of all visitors to our Site.  We also track the pages within our Site that you view, the date and time you view those pages and the IP address of the web site you used to link directly to our Site.  Such information is aggregated with tracking data from all Site visitors.  We use this aggregate information to help us evaluate visitor traffic patterns and improve our Site by making it more responsive to the needs of visitors.  This information does not identify you personally.

Personally Identifiable Information

We collect personally identifiable information including but not limited to your name, address, telephone number, email address, and your particular interest with respect to those services provided by Foundation Surgical Hospital when you choose to provide it on our Site. You can visit the Site without telling us who you are or providing any information about yourself, however, if you do so, some parts of the Site may not be viewed or accessed.  By providing information about yourself in order to access these areas, you grant us permission to contact you about services we think may interest you. If you later decide you do not want to be contacted, please let us know through the opt-out procedures described below.  Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through the Site’s message boards, this information may be collected and used by others.

Protected Health Information

We collect “protected health information” or “PHI” for short. We will not use or disclose your PHI except as described in this notice. With some exceptions, we may not use or disclose any more of your PHI than is necessary to accomplish the purpose of the use or disclosure. This notice applies to all PHI generated or maintained by us.

Cookies

We may track your visit to our Site by giving you an “HTML cookie” when you enter.  Cookies are pieces of information that websites transfer to your computer's hard drive for record-keeping purposes.  We may use cookies to make visiting our Site easier.  Cookies allow us to save preferences for you so that you won’t have to re-enter them the next time you visit.  Cookies help us to collect anonymous click-stream data for tracking user trends and patterns.  The use of cookies is now an industry standard and you'll find them used on most major websites.  Most browsers are initially set up to accept cookies.  If you prefer, you can reset your browser either to notify you when you’ve received a cookie or to refuse to accept cookies.  You should understand that areas of the Site may not function properly if you set your browser not to accept cookies.

HOW WE USE THE INFORMATION WE COLLECT

We use aggregate information to help us evaluate visitor traffic patterns and improve our Site by making it more responsive to the needs of visitors.  The personally identifiable information we collect is used to process requests you make on our Site.  We also use personally identifiable information we collect to contact you regarding services available from Foundation Surgical Hospital that may be of interest to you.  Visitors who do not wish to receive promotional notifications may take advantage of the opt-out procedures described in detail below. Your PHI we collect may be used or disclosed to tell you about or arrange for possible treatment options for your continued care after you leave Foundation Surgical Hospital. Your PHI may be used as a tool in educating health professionals, a source of data for medical research, a source of information for public health officials charged with improving the health of the nation, a source of data for facility planning and marketing, a tool with which we can look at and work to improve the care we give you and the outcomes we achieve. We may use and disclose your PHI to tell you of health-related products, benefits or services related to your treatment.

HOW WE SHARE THE INFORMATION WE COLLECT

We will not sell, rent, share or otherwise disclose any information provided by you or obtained through your use of the Site to any third party for the purpose of allowing them to market their products or services to you.  We may disclose your personal information to any of our affiliated entities.  We may also disclose your personal information: (a) in response to requests from local, state or federal law enforcement officials; or (b) in response to any judicial, administrative, or similar proceeding such as a subpoena; or (c) when required by law; or (d) in special circumstances such as in response to a physical threat or perceived physical threat to any individual; or (e) to enforce the terms of use of this Site.

CHOICE/OPT-OUT

Visitors who no longer wish to receive our email notifications or other marketing materials may always opt-out of receiving these notifications by contacting us at info@foundationhospitals.com and typing Unsubscribe in the subject line.

LINKS TO OTHER WEBSITES

This Site contains links to other websites.  Please note that Foundation Surgical Hospital is not responsible for the content or the privacy practices of such other websites.  We recommend that our visitors read the privacy policies of every such website that they visit which collects personally identifiable information.  This Privacy Policy applies only to Foundation Surgical Hospital and the information collected on this Site.

HOW DO WE PROTECT YOUR INFORMATION
  1. Information Security.  We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

  2. Evaluation of Information Protection Practices.  Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.

  3. Employee Access, Training and Expectations.  Our corporate values, ethical standards, policies and practices are committed to the protection of customer information.  In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.

  4. What About Legally Compelled Disclosure of Information?  We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. See How We Share Information We Collect section of the Privacy Policy.

YOUR HEALTH INFORMATION RIGHTS

Although all records concerning your hospitalization and treatment at Foundation Surgical Hospital are the property of Foundation Surgical Hospital, you have the following rights concerning your PHI.

  1. Right to Confidential Communications.  You have the right to receive confidential communications of your PHI by alternative means or at alternative locations. For example, you may request that we only contact you at work or by mail. You must submit your request in writing and identify how or where you wish to be contacted. We will accommodate all reasonable requests.

  2. Right to Inspect and Copy. You have the right to inspect and copy your PHI as provided by law. This right does not apply to psychotherapy notes. A request must be made in writing. We have the right to charge you the amounts allowed by state or federal law for such copies. We may deny your request to inspect and copy in certain circumstances. If you are denied access, you may request that the denial be reviewed. A licensed healthcare professional chosen by us will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.

  3. Right to Amend.  If you feel that the PHI we have about you is incorrect or incomplete, you have the right to request an amendment of your PHI. You must submit your request in writing and state the reason(s) for the amendment. We may deny your request for an amendment if it is not in writing, does not include a reason to support the request, or the information (i) was not created by us (unless the person or entity that created the information is not available to make the amendment); (ii) is not part of the medical record that we maintain; (iii) is not part of the information that you would be permitted to inspect or copy; or (iv) is accurate and complete. If we deny your amendment, you have a right to file a statement of disagreement with our Privacy Officer.

  4. Right to an Accounting.  You have the right to obtain a statement of certain disclosures of your PHI to third parties, except those disclosures made for treatment, payment or healthcare operations, authorized by you or pursuant to this Notice. To request this list, you must submit your request in writing and state a time period no longer than six (6) months, which may not include dates prior to April 14, 2003. If you request more than one (1) accounting in a 12-month period, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to modify or withdraw your request before any costs are incurred.

  5. Right to Request Restrictions. You have the right to request restrictions or limitations on PHI we use or disclose about you unless our use or disclosure is required or permitted by law. We are not required to honor your request. Any agreement to additional restrictions must be in writing and signed by a person authorized to make such an agreement on our behalf. To request restrictions, you must make your request in writing and tell us (i) what information you want to limit; (ii) whether you want to limit our use, disclosure or both; and (iii) to whom you want the limits to apply. If we agree, we will comply with your request unless the information is needed to provide emergency treatment to you.

  6. Right to Receive Copy of this Notice.  You have the right to a paper copy of this notice. If you have received this notice in electronic form and would like a paper copy, please contact Foundation Surgical Hospital at info@foundationhospitals.com.

  7. Right to Revoke Authorization.  You have the right to revoke your authorization to use or disclose your PHI, EXCEPT to the extent that action has already been taken by us in reliance on your authorization.
SPECIAL SITUATIONS REGARDING DISCLOSURE
  1. Organ and Tissue Donation. We are required by federal law and the Joint Commission on the Accreditation of Healthcare Organizations or JCAHO standards to notify organizations that handle organ procurement, eye or tissue transplantation, and other entities engaged in the procurement, banking or transplantation of organs whenever there is a death in our facility. This is to facilitate organ or tissue donation and transplantation.

  2. Regulatory Agencies.  We may disclose your PHI to a health oversight agency for activities required or permitted by law, including, but not limited to, licensure, certification, audits, investigations, inspections and medical device reporting. We may provide your PHI to assist the government when it conducts an investigation or inspection of a healthcare provider or organization.

  3. Law Enforcement. We may disclose your PHI if asked to do so by law enforcement official: (i) in response to a court order, warrant, summons or other similar process; (ii) to identify or locate a suspect, fugitive, material witness, or missing person; (iii) about the victim of a crime, if under limited circumstances, we are unable to obtain the person’s agreement; (iv) about a death we believe may be the result of criminal conduct; (v) about criminal conduct at the hospital; and (vi) in emergency circumstances to report a crime, the location of a crime or victims, or the identity, description or location of the person who committed the crime.

  4. Lawsuits and Disputes.  If you are involved in a lawsuit or dispute, we may disclose your PHI in response to a valid court or administrative order. In limited circumstances, we may disclose PHI in response to a subpoena, discovery request or other lawful process, but only if efforts have been made to inform you about the request or to obtain an order protecting the information requested.

  5. Public Health.  As required or permitted by law, we may disclose your PHI to public health or legal authorities charged with preventing or controlling disease, injury or disability. For example, we are required to report births, deaths, birth defects, abuse, abortions, tumors, reactions to medications, device recalls, and various diseases and/or infections to government agencies in charge of collecting that information.

  6. Judicial and Administrative Proceedings.  We may disclose your PHI in the course of any administrative or judicial proceeding.

  7. Specific Government Functions.  We may disclose your PHI to military personnel and veterans in certain situations. We may disclose your PHI for national security purposes, such as protecting the president of the United States or conducting intelligence operations.

  8. Military/Veterans.  We may disclose your PHI as required by military command authorities, if you are a member of the armed forces.

  9. Inmates.  If you are an inmate of a correctional institute or under the custody of a law enforcement officer, we may release your PHI to the correctional institute or law enforcement official.

  10. Health & Safety.  In order to avoid a serious threat to the health and safety of a person or the public, we may disclose PHI to law enforcement personnel or persons able to prevent or lessen such harm. We may notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition as ordered by public health authorities or allowed by state law.

  11. Required by Law.  We will disclose your PHI when required or permitted to do so by federal, state or local law. For example, we are required to report criminally injurious conduct.

  12. Coroners, Medical Examiners, Funeral Directors.  We may release your PHI to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or to determine a cause of death. We may also release your PHI to funeral directors as necessary to carry out their duties.

THE INFORMATION AUTHORIZED FOR RELEASE MAY INCLUDE RECORDS WHICH MAY INDICATE THE PRESENCE OF A COMMUNICABLE OR VENEREAL DISEASE WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, DISEASES SUCH AS HEPATITIS, SYPHILIS, GONORRHEA AND THE HUMAN IMMUNO-DEFICIENCY VIRUS, ALSO KNOWN AS ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS).

OTHER USES OF YOUR PERSONAL HEALTH INFORMATION

Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or release PHI about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer release medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to keep our records of the care that we provided you.

TERMS OF USE AGREEMENT

The Foundation Surgical Hospital Terms of Use Agreement, as it may change from time to time, is hereby incorporated as part of this Privacy Policy.

Indemnity

You agree to defend, indemnify, and hold Foundation Surgical Hospital, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms of Use or Privacy Policy.

Consent to Jurisdiction and Forum Selection
 
You hereby agree that all actions or proceedings arising in connection with the Terms of Use, Privacy Policy or website shall be tried and litigated exclusively in the State and Federal courts located in the County of Bexar, State of Texas. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation with respect to or arising out of the Terms of Use, Privacy Policy or website in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Bexar, State of Texas shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to Terms of Use, Privacy Policy or website. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Terms of Use, Privacy Policy or website. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

Modification

Foundation Surgical Hospital may modify this Privacy Policy at any time.  Any modifications to this Privacy Policy will be effective immediately upon posting on this Site.  You agree to review the Privacy Policy posted on the Site each time you use the Site so that you are aware of any modifications made to this Agreement.  Your continued usage of the Site will mean you accept those changes.  For your convenience and future reference, the date of the version of this Privacy Policy is listed below.  You can print the version of the Privacy Policy that you reviewed and approved, and compare it to the version in effect when you use our Site in the future to determine what, if any, changes have been made.

Children’s Privacy

We are sensitive to the need to protect the privacy of children who use the Internet.   We therefore do not knowingly collect personally identifiable information from children under the age of thirteen (13) consistent with the Children’s Online Privacy Protection Act.  If we become aware that a child under the age of thirteen (13) has provided personally identifiable information to us through our Site, we will delete it from our files.  If you are under the age of thirteen (13), please do not attempt to provide any personally identifiable information on our Site.  If you are a parent or legal guardian of someone under the age of thirteen (13) whom you believe has submitted personal information to us, please contact us at info@foundationhospitals.com and we will take appropriate steps to remove such information from our files.

Email

Foundation Surgical Hospital cannot completely ensure the privacy of email communications to and from Foundation Surgical Hospital.  These communications could be intercepted without your knowledge and permission, while in transit to or from our Site.  If you are concerned about your privacy, we suggest that you do not use email to provide information to us that you consider sensitive information.  

Limitations

By using the Site you agree that we are not responsible for (i) any disclosure of your personal information made by you to a third party through your use of the Site; (ii) any disclosure of your personal information obtained illegally from us; or (iii) any accidental disclosure of your personal information made by us.

Complaint Process

If you have any questions, comments or concerns about our Privacy Policy, please contact us at info@foundationhospitals.com.

October 2009
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