Effective Date: March 3, 2022

These terms and conditions of use (“Terms of Use” or “Terms”) govern your (“Your” or “You”) use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Oncology Analytics, Inc., d/b/a OncoHealth (“OncoHealth” or “We”).

OncoHealth on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries including but not limited to OncoHealth Medical Group, P.A. makes certain telehealth related information available to you and/or facilitates your access to telemedicine and expert medical services. OncoHealth owns and operates (i) various publicly available websites including without limitation, www.oncohealth.us, www.irisoncology.com, and (ii) various web based and mobile applications that require you to create an account in order to use the Iris telehealth platform (collectively, the “Site”) and the services available to users through the Site (“Services”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit the Site. Please also consult our OncoHealth Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information. Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. You accept these Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post or send you the changes.

Important Information about Your use of the Services

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

OncoHealth does not provide any physicians’ or other healthcare providers’ services itself. All of the providers are independent of OncoHealth and use the Site as a way to communicate with you. All clinical services for OncoHealth are provided by one of the OncoHealth Medical Group P.A.’s (“OncoHealth Medical Group”), each an independent, physician-owned medical group with a national network of United States based licensed providers who provide clinical telehealth services (collectively, the “Providers”). Any information or advice received from a Provider comes from the Provider alone, and not from OncoHealth. Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners.

You acknowledge that your reliance on any Providers or information provided by the Providers via the Site is solely at your own risk and you assume full responsibility for all risk associated herewith. OncoHealth does not engage in the practice of medicine or provide any other health services. OncoHealth is independent from any healthcare provider who will be providing such telemedicine services to you through the Site and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them.

Neither OncoHealth nor any of their subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Site, shall be liable for any professional advice obtained from a Provider via the Site or for any other information obtained on the Site.

1. Ownership of The Site and Related Materials

All pages within this Site and any material made available for download are the property of OncoHealth, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

2. Electronic Communications

When you use the Site, including sending e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

SMS messaging related information as follows:

a. When you opt-in to the service, we may send you an SMS message to confirm your signup. You can cancel the SMS service at any time. Just text “STOP” to the SMS message you receive.

b. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive a varied frequency of messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the Services, you can send an email to support@irisoncology.com.

c. If you have any questions regarding privacy, please send an email to support@irisoncology.com.

3. Site Access, Security and Restrictions; Passwords

If you create a subscriber account for the OncoHealth Site, you agree to complete the registration process by providing current, complete, and accurate information as required by OncoHealth. You agree that you are fully responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password and can be optionally used in combination with biometric authentication capabilities. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by OncoHealth at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the OncoHealth Services only with involvement of a parent or guardian.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. OncoHealth will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

4. License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, OncoHealth or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the OncoHealth Services. This license does not include any resale or commercial use of any OncoHealth Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any OncoHealth Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by OncoHealth or its licensors, suppliers, publishers, rights holders, or other content providers. No OncoHealth Service, nor any part of any OncoHealth Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OncoHealth. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OncoHealth without express written consent. You may not use any meta tags or any other “hidden text” utilizing OncoHealth’s name or trademarks without the express written consent of OncoHealth. You may not misuse the OncoHealth Services. You may use the OncoHealth Services only as permitted by law. The licenses granted by OncoHealth terminate if you do not comply with these Terms of Use.

The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by OncoHealth.

5. Accuracy and Integrity of Information

Although OncoHealth attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform OncoHealth so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, OncoHealth shall have no responsibility or liability for information or Content posted to the Site from any non-OncoHealth affiliated third party.

6. Links to Other Sites

OncoHealth makes no representations whatsoever about any other website that you may access through this Site. When you access a non-OncoHealth site, please understand that it is independent from OncoHealth, and that OncoHealth has no control over the Content on that website. In addition, a link to a non-OncoHealth website does not mean that OncoHealth endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

7. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to OncoHealth and the Providers that you have the legal right and authorization to provide all User Information to OncoHealth and the Providers for use as set forth herein and required by OncoHealth and the Provider.

8. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISLCAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRTY-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

In no event will OncoHealth or its parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, trustees, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Site or provision of Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree that your sole remedy for any claim arising out of or connected with the Services will be to cease using the Services.

You acknowledge and agree that OncoHealth is not engaged in the practice of medicine and that OncoHealth is not determining appropriate medical use of the Services. OncoHealth and any licensors, suppliers, or third parties who promote the Services or provide you with a link to the Services expressly disclaim any and all liability resulting from the delivery of healthcare via the Site, including but not limited to professional liability.

9. Indemnification

You agree to indemnify, defend and hold OncoHealth and its parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, trustees, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms, violation of applicable law, or access by anyone accessing the Site using your user ID and password. OncoHealth reserves the right to assume the exclusive defense of any claim for which either or both are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

10. Dispute Resolution

OncoHealth will try work in good faith to resolve any issue you have with Site, including services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other OncoHealth site will be governed by the laws of the State of Georgia, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Services or any other OncoHealth site, shall be exclusively in the state courts of Fulton County, Georgia.

11. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

12. Right to Modify Revisions; General

OncoHealth reserves the right to modify these Terms of Use at any time, in its sole discretion, effective upon posting or providing you with an updated Terms of Use. Any use of the website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access the website so that you may be aware of any changes to these Terms. OncoHealth uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. OncoHealth has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by OncoHealth only and does not cover the use of cookies by any third-party. OncoHealth reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. OncoHealth may provide notices or communications to you on the Site and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

Last revised: March 3, 2022

Your Information. Your Rights. Our Responsibilities.

1. Introduction

This Privacy Policy describes how OncoHealth collects and uses Personal Data about you through the use of our Website, mobile OncoHealth, and through email, text, and other electronic communications between you and OncoHealth.

Oncology Analytics, Inc., d/b/a OncoHealth (“OncoHealth,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website www.oncohealth.us (our “Website”) and the OncoHealth Iris application (our “Application”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• on our Website and Application;

• in email, text, phone conversation, video interaction and other electronic messages between you and our Website and Application;

• when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• us offline or through any other means, including on any other website operated by OncoHealth or any third party;

• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Application.

Note, OncoHealth is not a medical group. Any telemedicine consults obtained through our Website or Application are provided by independent medical practitioners including, but not limited to, OncoHealth Medical Group, P.A., (collectively, “OncoHealth Medical”), which are independent medical groups with a network of United States based health care providers (each, a “Provider”).  OncoHealth Medical (or your own medical provider if you do not use a OncoHealth Medical Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not OncoHealth. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website or Application.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should elect not to use our Website or Application. By accessing or using our Website or Application, you agree to this Privacy Policy and accept our privacy practices as described in this Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or Application after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Children Under the Age of 18

Our Website and Application are not intended for children under the age of 18 without parental consent.

If you are under the age of eighteen (18) and wish to create an account with OncoHealth, your parent or legal guardian must create the account, submit your personal information, and agree to this privacy policy on your behalf. If we learn that we have collected personal information from someone under the age of 18 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected personal information from someone under the age of 18, please contact us using the information below to request that it be deleted.

3. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

We collect several types of information from and about users of our Website and Application (collectively, “Personal Data”), specifically information:

• by which you may be personally identified, such as name, address, e-mail address, home, work, and mobile telephone numbers, date of birth, credit or debit card number (for payment purposes only), audio (including recordings and transcripts), images and videos of you, gender, Social Security Number, your medical history, health insurance subscriber information, and health information;

• about your Internet connection, the equipment you use to access our Website or use our Application and usage details, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website or through our Application.

We collect this information:

• directly from you when you provide it to us;

• automatically as you navigate through the Website or use our Application. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies; and

• from third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website or through our Application is:

• information that you provide by filling in forms on our Website or the Application, and videos, images and recordings when interacting with a Provider on our Website or the Application. This includes information provided at the time of registering to use our Website or Application as well as information provided when using our Provider consultation services, purchasing products, or requesting further services. We may also ask you for information when you report a problem with our Website or Application;

• records and copies of your correspondence (including email addresses), if you contact us; and

• details of transactions you carry out through our Website or through the Application and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or Application.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Application or transmitted to other users of the Website or Application or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website and Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

• details of your access to and use of the Application and website, including traffic data, location data, logs, and other communication data and the resources that the end user accesses and uses on or through the Application and Website;

• information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number; and

• real-time information about the location of your device.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Application and to deliver a better and more personalized service.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies)

  We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website and Application through your computer or mobile device. A “cookie” is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our Website or use certain parts of our Application. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or use our Application.

• Google Analytics

  We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) that uses cookies, web beacons, web pixels and/or similar technology to collect and store certain information relating to your use of the Website and anonymous information about you. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as 

  www.google.com/analytics/learn/privacy.html.

• Other Third Party Cookies

  We encourage you to review the privacy policies of the other third party cookies deplored on our Website and Application, including Adobe’s (https://www.adobe.com/privacy/policy.html). Our Site may use Adobe's analytics and on-site personalization services, which use cookies, web beacons, web pixels and/or similar technology to collect and store information about you or your device or browser. Your browser settings also may allow you to transmit a "Do Not Track" signal when you visit various websites. Some of the Websites may not be configured to respond to "Do Not Track" signals received from browsers. If you have further questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.

4. How We Use Your Information

We use your Personal Data for various purposes described below, including to:

• provide our Website or Application to you;

• provide services to you;

• provide you with information you request from us;

• enforce our rights arising from contracts;

• notify you about changes; and

• provide you with notices about your account.

We use information that we collect about you or that you provide to us, including any Personal Data:

• to provide and improve our Website, Application, products, and services. For example, we may convert our recordings to text and perform machine learning on data we receive;

• to provide you with information, products, or services that you request from us or that may be of interest to you;

• for purposes of quality, improvement of health status, customer and patient experience, customer and patient engagement and/or behavior modification, efficiency, cost effectiveness and/or other purposes relating to the provision of telehealth services;

• to process, fulfill, support, and administer transactions for products, activities and services requested by you;

• to provide you with notices about your OncoHealth account;

• to contact you in response to a request;

• to conduct research on user demographics, interests and behavior based upon information provided during use of our Website and Application;

• to anonymize and aggregate information for analytics and reporting;

• to notify you about changes to our Website, our Application, or any products or services we offer or provide though them;

• to maintain the security of the Website and Application including authenticating and detecting potential fraudulent use;

• in any other way we may describe when you provide the information; and

• for any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by e-mailing: support@irisoncology.com

Some information OncoHealth collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, OncoHealth Medical Group, P.A. (or your own medical provider if you do not use a OncoHealth Medical Provider) will provide you with a Notice of Privacy Practices describing its collection and use of your health information, not Oncology Analytics, Inc. OncoHealth will use PHI only for the purpose for which it was collected and we only collect the information we need to fully perform our services and to respond to you or your Provider. We may use your PHI to contact you, to provide requested services, to provide information to your Providers and insurers, to obtain payment for our services, to respond to your inquiries and requests, and to respond to inquiries and requests from your Providers and benefits program. We may combine your information with other information about you that is available to us, including information from other sources, such as from your Providers, insurers or benefits program, in order to maintain an accurate record of our participants. PHI will not be used for any other purpose, including marketing, without your consent.

We may de-identify or aggregate your Personal Data so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose, including to improve our Website, Application, and products and services.

5. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We may disclose your Personal Data to a few third parties, including:

• our affiliates and third party service providers that we use to support our business;

• to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;

• to comply with our legal obligations;

• to enforce our rights; and

• with your consent.

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this privacy policy:

• to affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, and ordering, marketing, and payment processing services;

• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by OncoHealth about our Website and Application users are among the assets transferred;

• to fulfill the purpose for which you provide it. For example, we may disclose your personal information to a Provider;

• for any other purpose disclosed by us when you provide the information;

• with your consent.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;

• to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and

• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of OncoHealth, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

• Tracking Technologies and Advertising

  You can set your browser or operating to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website or Application may then be inaccessible or not function properly

• Promotional Offers from OncoHealth

  If you do not wish to have your email address used by OncoHealth to promote our own products and services, you can opt-out at any time by emailing: support@irisonology.com. This opt out does not apply to information provided to OncoHealth as a result of a product purchase, or your use of our services.

• Location Information

  You can choose whether or not to allow the Application to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Application may then be inaccessible or not function properly.

7. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may review and change your Personal Data by logging into the Application. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

With respect to any PHI OncoHealth may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach.  See the Notice of Privacy Practices provided to you by your Provider for more information.

8. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. Although we work diligently to try and protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website or on or through our Application. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, in your operating system, or in the Application. You can help protect your Personal Data and other information by keeping your password to our Website confidential. You are responsible for keeping this password confidential. We ask you not to share your password with anyone.

9. California Privacy Rights

At this time, OncoHealth has determined that it is not subject to the California Consumer Privacy Act of 2018 (CCPA).

At this time, OncoHealth has determined that it is not subject to the California Consumer Privacy Act of 2018 (CCPA). The CCPA expressly excludes personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including medical information governed by the California Confidentiality of Medical Information Act (CMIA), protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or a provider of health care governed by the CMIA or covered entity governed by HIPAA to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information under the CMIA or HIPAA, respectively. As the information collected by OncoHealth falls under these exclusions, the information we collect is generally exempt from the CCPA. The CCPA also does not apply to publicly available information from government records, and de-identified or aggregated consumer information.

Further, note that information regarding OncoHealth job applicants, employees, owners, directors, officers, or contractors, emergency contact information from the same, and information necessary for OncoHealth to administer benefits to the same, and information OncoHealth obtains from a consumer acting on behalf of a company and whose communications with OncoHealth occur solely within the context of OncoHealth conducting due diligence regarding, or providing or receiving a product or service to or from another company, are generally exempt from much of CCPA. If you have questions about any of the foregoing, please contact us using the information set forth below.

10. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s home page or the Application’s home screen. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing the Application or visiting our Website and reviewing this Privacy Policy to check for any changes.

11. Contact Information

You may contact us through the contact information below.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on our Website or in the Application.

How to Contact Us:

OncoHealth

Attn: Chief Compliance Officer 7000 Central Parkway, Suite 1750 Atlanta, GA 30328

Or via e-mail to: support@irisoncology.com

OncoHealth Medical Group, P.A.

Effective: March 3, 2022 Last Revised: March 3, 2022

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW CAREFULLY. If you have questions, you may e-mail support@irisoncology.com.

ONCOHEALTH MEDICAL GROUP, P.A. (hereinafter the “OncoHealth Medical Group”) respects the privacy of each and every person and is committed to protecting all of your personal and Protected Health Information (PHI). This Notice will serve as a summary of your privacy rights and our obligations.

I. INTRODUCTION.  OncoHealth Medical Group is engaged in the business of providing internet healthcare services to individuals with physicians, licensed therapists, and other licensed healthcare practitioners in real time, via live streaming video, telephone and/or secure e-mail for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services (the “Services”).

II. PATIENT RIGHTS AND RESPONSIBILITIES.

Your Rights. You have the right to:

1. Get a copy of your medical record. This section explains your rights, and some of our responsibilities, to help you get a copy of your medical record.

• You can ask to see or get an electronic or paper copy of, your medical record and other health information we have about you. Ask us how to do this.

• We will provide a copy or a summary of your health information, usually within thirty (30) days of your request. We may charge a reasonable, cost-based fee.

2. Ask us to correct medical records. You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this. Under limited circumstances, we may decline your request, but we’ll tell you why in writing within sixty (60) days.

3. Request confidential communications. You can ask us to contact you in a specific way (for example, home or office phone or email) or to send mail to a different address. We will agree to all reasonable requests.

4. Ask us to limit what we use or share. You can ask us not to use or share certain health information for treatment, payment, or our operations. In specific circumstances, we may not be able to agree to your request, such as if such a disclosure would affect your care. If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will agree to such restriction, unless a law requires us to share that information.

5. Ask for an accounting of disclosures. You can ask for a list of the times we have shared your health information for six years prior to the date you ask, who we shared it with, and why. We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within twelve (12) months.

6. Request a copy of this Notice. You can ask for a paper copy of this privacy notice at any time, even if you have agreed to receive the notice electronically. Upon request, we will provide you with a paper copy promptly.

7. Choose someone to act for you. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we take any action.

8. File a complaint if you feel your rights are violated. You can complain if you feel we have violated your rights by contacting us at support@irisoncology.com or at the following address: OncoHealth Medical Group, 7000 Central Parkway, Suite 1750, Atlanta, GA 30328, Attn: Legal, Privacy and Security Officer. You can also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1- 877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints. We will not retaliate against you for filing a complaint.

Information Sharing Preferences. For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions. You have the right to tell us your preferences regarding how to share information with your family, close friends, or others involved in your care. In other cases, we never share your information unless you give us written permission, including:

• Marketing purposes

• Sale of your information

• Most sharing of psychotherapy notes.

III. MEDICAL GROUP ACTIONS AND OBLIGATIONS.

Our Uses and Disclosures. We typically use or share your health information in the following ways:

1. Treat you. We can use your health information and share it with other professionals who are treating you. Example: A doctor treating you for an injury asks another doctor about your overall health condition. OncoHealth Medical Group may disclose your PHI to another physician or healthcare provider for purposes of a visit or in connection with the provision of follow-up treatment.

2. Run our organization. We can use and share your health information to run our practice, improve your care, and to contact you when necessary. Example: We use health information about you to manage your treatment and services.

3. Healthcare Operations. OncoHealth Medical Group may use and disclose your PHI in connection with its healthcare operations, such as providing customer services, care coordination and conducting quality review assessments. Your PHI may be disclosed to your selected peer mentor or to your health plan for the purposes set forth above. OncoHealth Medical Group may engage third parties to provide services for OncoHealth Medical Group. If any such third party must have access to your PHI in order to perform its services, OncoHealth Medical Group will require that third party to enter an agreement that binds the third party to use and disclosure restrictions outlined in this notice.

3. Bill for your services. We can use and share your health information to bill and get payment from health plans or other entities. Example: We give information about you to your health insurance plan so it will pay for your services.

4. De-Identify data. We can use and share your de-identified health information meaning your health information that no longer reasonably identifies you. We may use this de-identified data without restriction and for any purpose as permitted by law, including HIPAA.

Other Ways That We May Use or Share Your Health Information. We are allowed to or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html

1. Public Safety Issues. We may use or share your health information in certain situations such as: helping state or federal officials with public health and safety issues for the purpose of preventing disease; helping with product recalls; reporting adverse reactions to medications; reporting suspected abuse, neglect, or domestic violence; or preventing or reducing a serious threat to anyone’s health or safety.

2. Do research. We can use or share your information for health research.

3. Comply with the law. We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

4. For workers’ compensation claims. We can share information about you for worker’s compensation claims.

5. For law enforcement purposes. We may share information about you with a law enforcement official or with health oversight agencies for activities authorized by law or for special government functions such as military, national security, and presidential protective services.

6. Respond to lawsuits and legal actions. We can share health information about you in response to a court or administrative order, or in response to a subpoena.

7. Respond to organ and tissue donation requests. We can share health information about you with organ procurement organizations.

8. Work with a medical examiner or funeral director. We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

IV. MAINTAINING PRIVACY AND SECURITY.

We are required by law to maintain the privacy and security of your protected health information. We must follow the duties and privacy practices described in this notice and give you a copy of it.

Breach Notification. You may have the right to be notified in the event of unpermitted access or use of unsecured PHI. If the law requires us to notify you of this type of access or use, then we will notify you promptly.

Personal Information and PHI Protection. We never sell identifiable personal information. We will not use or share your information other than as described here unless you tell us we can in writing; which you can change or update at any time. Updated instructions will apply to any future requests for information that we receive.

Additional Protections. Federal and state laws may place additional limitations on the disclosure of your health information related to sensitive information, including drug or alcohol abuse treatment programs, sexually transmitted diseases, genetic information, or mental health treatment programs. When permitted or required by law, we will obtain your authorization before releasing this type of information.

V. BUSINESS ASSOCIATES. OncoHealth Medical Group may contract with outside businesses to provide some services. For example, OncoHealth Medical Group may use the services of transcription, laboratories or collection agencies. Each contracted party must enter into a Business Associate agreement with OncoHealth Medical Group, which requires the contracted party to protect PHI that is shared with them in accordance with the restrictions outlined in this Notice. Furthermore, PHI will only be provided to third party businesses for the limited scope of performing required services to help facilitate treatment, payment, and health care operations to you.

VI. DE-IDENTIFIED INFORMATION.  OncoHealth Medical Group may use, disclose, and request PHI that has been de-identified pursuant to the procedures set forth in 45 CFR 145.514(a)-(c) without restriction.

VII. REVISIONS TO THIS NOTICE.  OncoHealth Medical Group is constantly innovating and implementing new features as part of its Services. As a result, our privacy practices may change. We may revise this Notice to reflect any changes in our privacy practices. We reserve the right to make the revised Notice effective for PHI we already have about you. It also will be effective for any information we receive in the future. We will send you a current version of this Notice or post a current version of the Notice on this Site prior to the change becoming effective. The effective date of this Notice is on the top of this page, left-hand corner, under the title. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

VIII. COMPLAINTS. If you think your privacy rights have been violated, you may file a complaint with support@irisoncology.com or in writing at the address listed below. You may also file a complaint with the Secretary of the Department of Health and Human Services. You will not be penalized for filing a complaint. You may also contact us for further information about your privacy rights by emailing us at support@irisoncology.com as well as by post mail:

ONCOHEALTH MEDICAL GROUP 7000 Central Parkway, Suite 1750 Atlanta, GA 30328 Attn: Legal, Privacy and Security Officer

IX. ACCEPTANCE. By clicking Get Started and using the Services, you acknowledge your acceptance of OncoHealth Medical Group, P.A.'s privacy policy and agree to the terms described herein. If you do not agree with this policy, you should not use OncoHealth Medical Group's Services. It is recommended that you read this privacy policy before use of Services to ensure that you have not missed any changes to the privacy policy. Your continued use of the Services following any changes to the privacy policy signifies your acceptance of those changes.

OncoHealth Medical Group, P.A.

Telehealth involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Telehealth services also include remote monitoring, appointment scheduling, health information sharing, psychological and mental health services, and non-clinical services, such as education programs and administration. OncoHealth Medical Group, P.A. (“OncoHealth Medical Group”) providers may include oncology physicians, specialists, subspecialists, psychiatrists, social workers, psychologists, nurse practitioners, physician assistants, and other licensed professionals. The information may be used for diagnosis, therapy, follow-up and/or education, and may include any combination of the following: (1) patient medical records; (2) medical images; (3) live two-way audio and video; (4) interactive audio; (5) output data from medical devices and sound and video files; and (6) text-based messaging, live or asynchronous.

Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

Primary responsibility for your medical care should remain with your local primary oncologist, if you have one, as does your medical record.

Expected Benefits:

• Obtaining expertise of a specialist or other oncology professional who may not have a physical office in proximity to you.

• More efficient medical evaluation, management, and information sharing in a convenient manner enabled by a mobile phone device.

• Improved access to medical care by enabling you to remain physically at home or wherever is most convenient while the provider interacts with you remotely.

Possible Risks:

• Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment and technologies.

• In rare events, the provider may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled telehealth consult or a face-to-face meeting with your local primary care doctor.

• In very rare events, security protocols could fail, causing a breach of privacy of personal medical information.

• In rare events, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

By choosing Get Started and using OncoHealth Medical Group’s Telehealth services, you acknowledge that you understand and agree with the following:

1. If you do not agree to be bound by this consent, promptly exit the Site. You may review our privacy policies and practices, including how we collect and handle your personal health information and financial information which may be dictated by state law. Please review this consent carefully before using the Services. We may change this consent or modify any features of the Services at any time. You accept this consent by using the Services, and you accept any changes to this consent by continuing to use the Services after we post or send you any changes that may occur in state or federal law.

2. I hereby consent to receiving OncoHealth Medical Group’s services via telehealth technologies. I understand that OncoHealth Medical Group and its consulting providers offer telehealth services, but that these services do not replace the relationship between me and my primary oncologist. I also understand it is up to the OncoHealth Medical Group provider to determine whether or not my needs are appropriate for a telehealth encounter.

3. I have been given an opportunity to select a consulting health care professional from the OncoHealth Medical Group prior to the consult, including a review of the consulting provider’s credentials provided upon request.

4. OncoHealth Medical Group’s licensed healthcare professionals can only practice in the states(s) where they are licensed. That means that wherever you are located for the sessions, the licensed professional must be licensed in that state. You agree to inform the licensed professional if your location has changed or if you have relocated your domicile to a different jurisdiction.

5. I understand that federal and state law requires health care providers to protect the privacy and the security of health information. I understand that OncoHealth Medical Group will take steps to make sure that my health information is not seen by anyone who should not see it. I understand that telehealth may involve electronic communication of my personal medical information to other medical and licensed healthcare practitioners who may be located in other areas, including out of state.

6. I understand there is a risk of technical failures during the telehealth encounter beyond the control of OncoHealth Medical Group. I agree to hold harmless OncoHealth Medical Group for delays in evaluation or for information lost due to such technical failures.

7. I understand that I have the right to withhold or withdraw my consent to the use of telehealth in the course of my care at any time, without affecting my right to future care or treatment. I understand that I may suspend or terminate access to the service at any time for any reason or for no reason. I understand that if I am experiencing a medical emergency, that I will be directed to dial 9-1-1 immediately and that the OncoHealth Medical Group health service specialists are not able to connect me directly to any local emergency services.

8. I understand video images and audio recordings of me may be captured and stored electronically. I understand that these recordings may be later viewed and used for purposes of quality improvement, evaluation and training, which may include OncoHealth Medical Group non-physician personnel and students. I understand and consent to the use of these images and audio recordings for the telehealth consultation and quality improvement, evaluation, education and training.

9. I understand that I may expect the anticipated benefits from the use of telehealth in my care, but that no results can be guaranteed or assured.

10. I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes. Persons may be present during the consultation other than the OncoHealth Medical Group provider in order to operate the telehealth technologies. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/examination that are personally sensitive to me; (2) ask non-medical personnel to leave the telehealth examination; and/or (3) terminate the consultation at any time.

11. I understand that my healthcare information may be shared with the peer mentor I have selected through the application for case management and care coordination purposes.

12. I understand that I may be asked to participate in a Focus Group to provide feedback regarding the application and my user experience. I understand that participation in the Focus Group is entirely voluntary. If I choose to participate, I understand that healthcare information I volunteer to share, may be shared with others in the Focus Group.

13. I understand that I will not be prescribed any Drug Enforcement Agency controlled substances nor is there any guarantee that I will be given a prescription at all.

14. I understand that if I participate in a consultation, that I have the right to request a copy of my medical records which will be provided to me at reasonable cost of preparation, shipping and delivery.

15. I understand that in the event of any problem with the website or related services, I agree that my sole remedy is to cease using the website or terminate access to the service. Under no circumstances will OncoHealth Medical Group or any OncoHealth Medical Group subsidiary or affiliate be liable in any way for the use of the telehealth services, including but not limited to, any errors or omissions in content or infringement by any content on the website of any intellectual property rights or other rights of third parties, or for any losses or damages of any kind arising directly or indirectly out of the use of, inability to use, or the results of use of the website, and any website linked to the website, or the materials or information contained on any or all such websites. I agree that I will not hold OncoHealth Medical Group , its subsidiaries or affiliates liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on my computer or otherwise) arising from or in connection with your use of the website whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we or they have been advised of the possibility of such damages.

16. I understand that OncoHealth Medical Group makes no representation that materials on this website are appropriate or available for use in any other location other than the location where I represent I am currently located. I understand that if I access these services from a location outside of the United States or from a state other than the state you have represented to the healthcare provider during your telehealth visit, that I do so at my own risk and initiative and that I am ultimately responsible for compliance with any laws or regulations associated with my use.

17. Additional State-Specific Consents: The following consents apply to users accessing the OncoHealth Medical Group website for the purposes of participating in a telehealth consultation as required by the states listed below:

    1. Alaska: Consent to sending a copy of all records of the encounter to the person’s primary care provider if the prescribing advanced practice registered nurse is not the person’s primary care provider. AK Statute Sec. 08.68.710

    2. Arizona: Guardian consents to verify his/her identity prior to performing a mental health screening or mental health treatment on a minor. AZ ST § 36-2272.

    3. California: Patients who consent to synchronous video must separately consent to synchronous audio-only services. CA Department of Health Care Services. Telehealth FAQs. Providers must document in the patient’s medical chart that the patient has given a written or verbal consent to the audio-only telehealth encounter. CA Department of Health Care Services. Medi-Cal Part 2 General Medicine Manual. Telehealth

    4. Connecticut: Patient consents to the telehealth provider’s disclosure of records concerning the telehealth interaction to the patient’s primary care provider. HB 5596 (2021 Session), Sec. 1 & SB 2 (2022 Session), Sections 20-7b to 20-7e.

    5. Georgia: There will be no dissemination of any member images or information to other entities without written consent from the member. GA Dept. of Community Health GA Medicaid Telehealth Guidance Handbook, p. 13, 15, 50 & 59-60 (Oct. 2023)

    6. Hawaii: For audio-only – For services furnished for purposes of diagnosis, evaluation, or treatment of a mental health disorder to a patient in their home, interactive telecommunications may include two-way, real-time audio-only communication technology if the distant site physician or practitioner is technically capable to use an interactive telecommunications system as defined in the previous sentence, but the patient is not capable of, or does not consent to, the use of video technology. HI Med-Quest Memo, QI-2338/FFS 23-22/CCS-2311. (Accessed Nov. 2023).

    7. Indiana: A written agreement must be employed documenting patient informed consent for the use of patient-physician e-mail. The agreement must be discussed with and signed by the patient and included in the medical record.IN Admin. Code, “Article 5” Title 844, 5-3-5. p. 11.

    8. Iowa: A licensee who uses telemedicine shall ensure that the patient provides appropriate informed consent for the medical services provided, including consent for the use of telemedicine to diagnose and treat the patient, and that such informed consent is timely documented in the patient’s medical record. Iowa Admin Code, Sec. 645-327.9

    9. Maine: The social worker will obtain written permission of the client prior to recording any part of the telehealth session and will disclose how the social worker will store and dispose of the recording file(s). If a recording is made a part of the clinical record, social workers shall retain and dispose of in accordance with Chapter 17 of board rules. ME Regulation, 02-416-18.

    10. Massachusetts: Live video telehealth must be used, with the member’s consent, to conduct the comprehensive evaluation or reevaluation under 130 CMR 430.601(A)(9) for members receiving therapy.

    11. Minnesota: The person receiving targeted case management or the person’s legal guardian has the right to choose and consent to the use of interactive video under this subdivision and has the right to refuse the use of interactive video at any time. MN Statute Sec. 256B.0625, Subdivision 20b(b).

    12. New Hampshire: Telehealth sessions shall not be recorded without the patient’s consent. Subject to the patient’s consent, forward the medical record to the patient’s primary care or treating provider, if appropriate. NH Revised Statutes Annotated, 329:1-d-V(c) as amended by HB 500.

    13. New Jersey: Prior to an initial contact with a patient for the purpose of providing services to the patient using telemedicine or telehealth, a licensee shall: Provide the client the opportunity to sign a consent form that authorizes the licensee to release records of the encounter to the patient’s primary care provider or other health care provider identified by the client. The patient’s medical information shall be entered into the patient’s medical record, whether the medical record is a physical record, an electronic health record, or both, and, if so requested by the patient, forwarded directly to the patient’s primary care provider, health care provider of record, or any other health care providers as may be specified by the patient. NJ Administrative Code 13:30-9.4

    14. New York: Telehealth sessions/services shall not be recorded without the consent of the NYS Medicaid member. The provider shall obtain verbal or written consent for communication-based technology services (CBTS) annually. NY Office of Mental Health. Telehealth Services Guidance for OMH Providers. April 2023, p. 11.

    15. Oklahoma: No dissemination of any member images or information to other entities without written consent. OK Admin. Code Sec. 317:30-3-27.1.

    16. Pennsylvania: Services rendered via telehealth may not be recorded without the beneficiary’s consent. Licensed practitioners and provider agencies are not permitted to mandate the use of recording for telehealth service delivery and must still provide the service if an individual or legal guardian, as applicable, does not consent to a recording. PA Department of Human Services, Office of Mental Health and Substance Abuse Services Bulletin OMHSAS-22-02, p. 4, 6, July 1, 2022

    17. Rhode Island: patient informed consent for the use of patient-physician e-mail and other text based communications. RI Department of Health. Telemedicine.

    18. South Carolina: A patient’s written consent is required prior to the dissemination of any of their images or information to other entities. SC Health and Human Svcs. Dept. Physicians Provider Manual, p. 34 (Jul. 2023).

    19. Tennessee: I understand that I may request an in-person assessment with a non-OncoHealth Medical Group provider before receiving a telehealth assessment. OncoHealth Medical Group does not provide in-person assessments.

    20. Texas: An adult client must also provide written or verbal consent to the distant site provider to allow any other individual to be physically present in the distant or patient site environment during a telehealth or telemedicine service. Provider must obtain informed consent from the client, client’s parent, or the client’s legally authorized representative prior to rendering a behavioral health service through a synchronous audio-only technology platform. TX Medicaid Telecommunication Services Handbook, pg. 6

    21. Vermont: Neither a health care provider nor a patient shall create or cause to be created a recording of a provider’s telemedicine consultation with a patient. 18 Vermont Statute Annotated Ch. 219, Sec. 9362

    22. Washington: For audio-only telemedicine, providers must obtain consent before rendering the service per RCWs 74.09.325 and 71.24.335.

OncoHealth Medical Group, P.A.

By choosing Get Started, I am agreeing to participate in telemental health services with licensed professionals at OncoHealth Medical Group, P.A (“OncoHealth Medical Group”). I understand that telemental health is the practice of delivering clinical mental health care services via technology assisted media or other electronic means between a practitioner and a participant who are in two different locations. This document is to inform you about and obtain your consent regarding your participation in telemental health services with OncoHealth Medical Group.

Benefits:

The benefits to telemental health services are:

1. The ability to expand your choice of service provider, particularly in this case to oncology mental health specialists who may be available in limited numbers in your geographic region.

2. More convenient therapy options including location, time, no driving, etc.

3. Reduces the overall cost and time of therapy due to not having to drive to and from an office.

4. Ability to have real time monitoring and reduces the wait time for scheduling office appointments.

5. Increased availability of services to homebound clients, clients with limited mobility, and clients without convenient transportation options.

Limitations:

It is important to note that there are limitations to telemental health services that can affect the quality of the session(s). These limitations include, but are not limited to, the following:

1. Technology might fail before or during the session.

2. Due to technology limitations, we may not hear all of what you are saying and may need to ask you to repeat things.

3. Although every effort is made to reduce confidentiality breaches, breaches may occur for various reasons.

OncoHealth Medical Group’s licensed professionals can only practice in the states(s) where they are licensed. That means that wherever you are located for the session, the licensed professional must be licensed in that state. You agree to inform the licensed professional if your physical location has changed or if you have relocated your domicile to a different jurisdiction.

I understand and agree to the following with respect to engaging in telemental health services with OncoHealth Medical Group:

1. I understand that I will be conducting sessions with OncoHealth Medical Group’s licensed professionals on a HIPAA compliant platform. I agree I will be available at the scheduled time and be prepared, focused and engaged in the session. I will be in a private location where I can speak openly without being overheard or interrupted by others to protect my confidentiality. If I choose to conduct my session in a place where there are people or with others who can hear me, OncoHealth Medical Group is not responsible for protecting my confidentiality and I am agreeing to the disclosure of my mental health information to those who are with or around me.

2. I understand that I have the right to withdraw consent at any time without affecting my right to future care, services, or program benefits to which I would otherwise be entitled.

3. I understand that there are risks, benefits, and consequences associated with telemental health, including but not limited to, disruption of transmission by technology failures, interruption and/or breaches of confidentiality by unauthorized persons, limits to knowledge about local resources, and/or limited ability to respond to emergencies.

4. I understand that there will be no recording of any of the online sessions by either party. All information disclosed within sessions and written records pertaining to those sessions are confidential and may not be disclosed to anyone without written authorization, except where the disclosure is permitted and/or required by law.

5. I understand that my therapist or psychiatrist may occasionally find it helpful to consult other professionals – either as individuals or in a consultation group about a case. The consultant(s) is/are also legally bound to keep the information confidential. Unless you object, your therapist or psychiatrist will not tell you about these consultations unless they feel that it is important to your treatment. Authorized OncoHealth Medical Group clinical professionals may review your records to ensure the quality and consistency of care, your safety, member safety, and to review provider performance. This informed consent document allows your provider to share information and records for the purposes described and with others to facilitate your care and treatment in compliance with state and federal laws (such as HIPAA) and our Notice of Privacy Practices.

6. I understand, I am providing informed consent for OncoHealth Medical group to use or disclose my protected health information to provide continuity of care, coaching, telehealth services, and therapy sessions. My information may be disclosed to OncoHealth Medical Group licensed health professionals including doctors, nurses, therapists, other healthcare providers and peer mentors who are involved in take care of my health.

7. I understand that OncoHealth Medical Group will never share psychotherapy notes unless I give written permission, or as required by law, health and safety, or a government agency.

8. I understand that the privacy laws that protect the confidentiality of my protected health information(PHI) also apply to telemental health unless an exception to confidentiality applies (i.e. mandatory reporting of child, elder, or vulnerable adult abuse; danger to self or others; I raise mental/emotional health as an issue in a legal proceeding).

9. I understand that if I am having suicidal or homicidal thoughts, actively experiencing psychotic symptoms, have cognitive difficulties that would impact care or experiencing a mental health crisis that cannot be resolved remotely, it may be determined that telemental health services are not appropriate and a higher level of care is required. If I am in crisis or encountering an emergency, I agree to immediately call 911. If a situation occurs where we are talking and get disconnected and I am in crisis, I will call 911 or go to my local emergency room immediately. If OncoHealth Medical Group has concerns about your safety at any time during a session, it may break confidentiality and call 911 or any emergency contact provided.

10. I understand that during a telemental health session, we could encounter technical difficulties resulting in service interruptions. If this occurs, end and restart the session. If we are unable to reconnect, the mental health provider will contact me at my provided phone number to make alternative arrangements.

11. I understand that telemental health through OncoHealth Medical Group is limited to mental health issues related to the experience of cancer and that I will need to seek mental health care not related to cancer elsewhere.

12. Historically, mental health services have been associated with absolute confidentiality between the participant and the clinician. Currently, Federal and state laws and regulations and professional ethics require clinicians to maintain complete confidentiality of information and communications revealed in the course of treatment.

13. I understand the OncoHealth Medical Group clinician cannot release any psychotherapy notes without my expressed and informed permission, which is set forth in this consent. Psychotherapy notes are notes recorded by my health care provider who is a mental health professional documenting or analyzing the contents of a conversation during a private counseling session or a group, joint or family counseling session and that are separate from the rest of my medical record.

There are some exceptional circumstances where OncoHealth Medical Group clinicians may be required or permitted to communicate information about mental health services. Circumstances include the following situations:

• You present a clear and present danger to yourself and refuse to accept appropriate treatment.

• You communicate to the clinician an imminent threat of physical violence against a clearly identified or reasonably identifiable victim, or the clinician has a reasonable basis to believe there is a clear and present danger of physical violence against such a victim.

• You introduce your mental condition as a defense in a legal proceeding.

• In child custody or adoption cases, the judge determines that the clinician has information bearing significantly on the client's ability to provide suitable care or custody and this information bears significantly on the welfare of the child.

• You initiate legal action against the clinician, and client information is necessary or relevant to the clinician's defense.

• The clinician has grounds to believe a child under the age of 18, an elderly person (over age 60), or a handicapped adult, has been or is at risk of being abused or neglected.

• A Judge orders a clinician to release client information.

I understand that I may sign a Release of Information and that Treatment Summary letters may be provided in lieu of releasing my complete psychological records to a requesting party.

By choosing Get Started and participating in telemental health services shows that I have read, understand and agree with all of the statements within this Consent for Treatment. An electronic copy of this agreement will be considered valid and as an original. My agreement to this consent also shows that I have received OncoHealth Medical Group’s Notice of Privacy Practices regarding the use and disclosure of my Protected Health Information. I consent to the use and disclosure of my Protected Health Information as per the Notice of Privacy Practices for the purposes of Treatment, Payment and Health Care Operations. Information such as counseling session start and stop times, the modalities and frequencies of the treatment furnished, results of clinical tests, summaries of diagnosis, functional status, treatment plan, symptoms, prognosis and process to date are not considered psychotherapy notes and are subject to the Notice of Privacy Practices regarding the use and disclosure of Protected Health Information.