Effective December 21, 2024
Last Updated: December 21, 2024
THIS NOTICE OF PRIVACY PRACTICES ("NOTICE") DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU OR YOUR CHILD OR OTHER FAMILY MEMBER MAY BE USED AND DISCLOSED AND HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Specifically, this Notice describes the privacy practices of Materna Health, P.C., Materna Health PA, P.C., Materna Health DE, P.A., and Materna Health NJ, P.C. (collectively, "Materna Providers," "We" or "Us"), the independent professional medical entity that contracts with Materna Health, Inc. DBA Phia Health ("Materna Health"), operates as a covered entity, and provides the requested medical services. Among other things, Materna Providers contracts with Materna Health to license Materna Health's web application to provide Materna Providers with the capability to receive, respond to and schedule requested professional services. Materna Health does not provide any professional services. All of the entities will share protected health information of patients as necessary to carry out treatment, payment, and health care operations as permitted by law. Use or disclosure pursuant to this Notice may include electronic transmittal or disclosure of your protected health information. For purposes of this Notice, any references to "you" or "your" also include your child or other family member to the extent that your child or other family member is being treated or receiving services from Materna Providers.
The Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA") requires us to ask each of our patients to acknowledge receipt of this Notice. The Notice is published on the Materna Health website and the Materna Health mobile application. You acknowledge receipt of the Notice by clicking on the applicable acknowledgement button, or by indicating your acknowledgement in another written or digital manner provided.
We are required by HIPAA and certain state laws to maintain the privacy of our patients' protected health information, to provide patients with notice of our legal duties and privacy practices with respect to protected health information, and to notify you in the event of a breach of your unsecured protected health information. We are required to abide by the terms of this Notice for as long as it remains in effect. We reserve the right to change the terms of this Notice as necessary and to make a new Notice effective for all protected health information maintained by Materna Providers. Should we make a change, you may obtain a revised copy from the location providing treatment. A copy of any revised Notice of Privacy Practices may be obtained by mailing a request to Materna Health, P.C., 1000 N. Broad Street, Suite 100, Philadelphia, PA 19123 or by email to privacy-inquiries@phiahealth.com.
We may make use and disclosures of your protected health information as necessary for your treatment. Doctors, nurses and other health care professionals involved in your care will use information in your medical record and information that you provide about your symptoms and reactions to your course of treatment that may include procedures, medications, tests, medical history, etc. We may participate in health information exchanges ("HIEs") and may electronically share your medical information for treatment, payment and healthcare operations purposes with other participants in the HIEs. HIEs allow us, and your other healthcare providers and organizations, to efficiently share and better use information necessary for your treatment and other lawful purposes. For instance, in some states, the inclusion of your medical information in an HIE is voluntary and subject to your right to opt-in or opt-out; if you choose to opt-in or not to opt-out, we may provide your medical information in accordance with applicable law to the HIEs in which we participate.
We may make uses and disclosures of your protected health information as necessary for payment purposes. For instance, during the normal course of business operations, we may forward information regarding your medical procedures and treatment to your insurance company to arrange payment for the services provided to you. We may use your information to prepare a bill to send to you or to the person responsible for your payment.
We may use and disclose your protected health information as necessary, and as permitted by law, for our health care operations, which may include clinical improvement, professional peer review, business management, accreditation and licensing, etc. For instance, we may use and disclose your protected health information for purposes of improving clinical treatment and patient care practices.
Certain aspects and components of our services are performed through contracts with outside persons or organizations (including Materna Health) such as auditing, accreditation, outcomes data collection, legal services, etc. At times it may be necessary for us to provide your protected health information to one or more of these outside persons or organizations who assist us with our health care operations. In all cases, we require these business associates to appropriately safeguard the privacy of your information.
We are permitted and/or required by law to make certain other uses and disclosures of your protected health information without your consent or authorization for the following: any purpose required by law; public health activities, such as required reporting of disease, injury, birth and death, or required public health investigations; to do research; if we suspect child abuse or neglect; if we believe you to be a victim of abuse, neglect, or domestic violence; to the Food and Drug Administration to report adverse events, product defects, or to participate in product recalls; to your employer when we have provided health care to you at the request of your employer; to a government oversight agency conducting audits, investigations, or civil or criminal proceedings; in response to a court or administrative ordered subpoena or discovery request; to law enforcement officials as required by law to report wounds and injuries and crimes; to coroners and/or funeral directors consistent with law; to respond to organ and tissue donation requests; if you are a member of the military we may also release your protected health information for national security or intelligence activities; and to workers' compensation agencies for workers' compensation benefit determination or as otherwise required under workers' compensation laws.
Unless you object, we may from time to time disclose your personal health information to designated family, friends, and others who are involved in your care or in the payment for your care in order to facilitate that person's involvement in caring for you or paying for your care. If you are unavailable, incapacitated, or facing an emergency medical situation and we determine that a limited disclosure may be in your best interest, we may share limited personal health information with involved individuals without your approval. We may also disclose limited personal health information to a public or private entity that is authorized to assist in disaster relief efforts in order for that entity to locate a family member or other persons that may be involved in some aspect of caring for you.
We must obtain your written authorization for most uses and disclosures of psychotherapy notes.
We must obtain your written authorization to use and disclose your protected health information for most marketing purposes.
We must obtain your written authorization for any disclosure of your protected health information that constitutes a sale of protected health information.
Other uses and disclosures of your protected health information, not described above, will be made only with your written authorization. You may revoke your authorization, at any time, in writing, except to the extent that we have already taken action in reliance on such prior authorization.
You may request to exercise any of the rights described below by contacting our Privacy Officer using the contact information at the end of this Notice.
You have the right to a copy and/or inspect much of the protected health information that we retain on your behalf. All requests for access must be made in writing and signed by you or your legal representative and access is usually provided within 30 days of the request. If you request a copy of your protected health information you may be charged a nominal fee for copying and postage. In certain situations, we may deny your request and will tell you why we are denying it. In some cases, you may have the right to ask for a review of our denial.
You have the right to request in writing that protected health information that we maintain about you be amended or corrected. We are not obligated to make all requested amendments but will give each request careful consideration. All amendment requests must be in writing, signed by you or your legal representative, and must state the reasons for the amendment/correction request. If an amendment or correction request is made, we may notify others who work with us if we believe that such notification is necessary.
You have the right to request that we communicate with you in a certain way or at a certain location. Your request must be in writing and specify how and where you would like to be contacted. We will accommodate all reasonable requests.
If you believe your privacy rights have been violated, you can file a complaint in writing with the Privacy Officer, Materna Health, P.C., 1000 N. Broad Street, Suite 100, Philadelphia, PA 19123. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services in Washington D.C. in writing within 180 days of a violation of your rights. There will be no retaliation for filing a complaint.
You have the right to receive an accounting of certain disclosures made by us of your protected health information. Requests must be made in writing and signed by you or your legal representative. The first accounting in any 12-month period is free. You will be charged a fee for each subsequent accounting you request within the same 12-month period. You will be notified of the fee at the time of your request.
You have the right to request restrictions on uses and disclosures of your protected health information (1) for treatment, payment, or health care operations, (2) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved with your care or with payment related to your care, or (3) to notify or assist in the notification of such individuals regarding your location and general condition. We are not required to agree to your restriction request, but will attempt to accommodate reasonable requests when appropriate. However, we must agree not to disclose your protected health information to your health plan if the disclosure is for payment or health care operations and relates to a health care item or service which you paid for in full out of pocket. We retain the right to terminate an agreed-to restriction if we believe such termination is appropriate. In the event of a termination by us, we will notify you of such termination. You also have the right to terminate, in writing or orally, any agreed-to restriction by sending us such termination notice.
You have the right to obtain a paper copy of this notice from us.
Effective: December 21, 2024
Last Updated: December 21, 2024
Materna Health, Inc., together with its subsidiaries and affiliates (collectively, "Company" "us," "we," or "our") is committed to protecting the privacy of Personal Data (i.e., information reasonably related to a specific individual). This Privacy Notice describes how we process Personal Data collected through our websites, including www.maternacare.com, social media accounts, mobile applications, connectivity required to receive telehealth services from Materna Health, P.C., Materna Health PA, P.C., Materna Health DE, P.A., and Materna Health NJ, P.C. (collectively, the "Materna Providers") via the virtual clinic (the "Virtual Clinic"), other online interactions and communications such as email (collectively, our "Digital Properties"), membership services that may include administrative and technology services, coaching services, and other personal services ("Membership Services"), and other online and offline interactions.
This Privacy Notice does not apply to the data about our own employees, contractors, agents, and job applicants. This Privacy Policy also does not apply to "protected health information" that is subject to the Health Insurance Portability and Accountability Act ("HIPAA"). We handle protected health information to perform services on behalf of our "covered entity" business customers (as a "business associate"). When we handle information as a "business associate," our business customer's HIPAA Notice of Privacy Practices applies to that information, and we encourage you to review that business customer's HIPAA Notice of Privacy Practices for more information and to exercise your rights under HIPAA. The HIPAA Notice of Privacy Practices for Materna Health's affiliated medical practices is available here https://www.maternacare.com/terms-policies.
Whenever you interact with us on behalf of another individual or entity, such as if you refer a friend to us, you must obtain their consent (or have the legal authority without consent) to share their Personal Data with us.
We may update this Privacy Notice from time to time. Any updated Privacy Notice will be effective when posted. Please check this Privacy Notice periodically for updates. If required by law, we will contact you directly to provide you with an updated Privacy Notice.
We collect Personal Data about you from the following sources:
We may collect Personal Data you provide to us directly, such as when you contact or interact with us through our Digital Properties, create a Materna Health account, sign up for offers or newsletters, communicate with us, place or customize orders.
We may automatically collect information or inferences about you, such as through cookies and other tracking technologies, when you interact with our Digital Properties. This may include information about how you use and interact with our Digital Properties, information about your device, and internet usage information.
We may collect Personal Data from third parties, such as service providers, our affiliated companies and subsidiaries, or other parties who interact with us.
We may collect Personal Data about you from publicly available sources, such as public profiles and websites.
We may combine information that we receive from the various sources described in this Privacy Notice, including third party sources, and use or disclose the combined information for the purposes identified below.
We may collect the following types of Personal Data:
Such as your name, email address, physical address, telephone number, business contact information, and device identifiers (e.g., cookie IDs and IP address).
Such as signatures; the content, timing and method of communications you have with us, such as online chats, calls, and emails; and information you share with or upload to our Digital Properties, such as reviews and comments.
Such as age (including birthdates) and gender.
Such as information related to your transactions (including credit card data we may collect for copays); products or services purchased, obtained, or considered; subscription information; or other purchasing or consuming histories or tendencies.
Such as your browsing history, search history, preference information (including marketing and purchasing preferences), account settings (including any default preferences), and other information regarding your interactions with and use of the Digital Properties. For more information about cookies and other device data, please see Section 5 (Cookies and Other Tracking Technologies).
Such as your location as derived from your IP address.
Such as photographs and audio/video recordings.
Such as job title; organization; professional licenses, credentials, or affiliations; and other professional information.
Drawn from any of the information we collect about your preferences or behavior, including to assess the level of interest in our products and services based on frequency of visits and contact and determine your preferred frequency for receiving offers.
Including information about your health.
Such as making our Digital Properties, products and services available to you; registering, verifying, and maintaining your account with us; providing and delivering you the goods and services you request; providing customer service; processing or fulfilling orders and transactions (including processing payments); verifying customer information and eligibility for certain programs or benefits; communicating with you (including soliciting feedback or responding to requests, complaints, and inquiries); hosting informational webinars; and providing similar services or otherwise facilitating your relationship with us.
Such as day-to-day operation of our business; maintaining internal business records, such as accounting, document management and similar activities; enforcing our policies and rules; management reporting; auditing; and IT security and administration.
Such as verifying or maintaining the quality or safety of our products or services; improving our products or services; designing new products and services; evaluating the effectiveness of our advertising or marketing efforts; and debugging and repairing errors with our systems, networks, and equipment.
Such as complying with legal, reporting, and similar requirements; investigating and responding to claims against us, our personnel, and our customers; for the establishment, exercise or defense of legal claims; protecting our, your, our customers', and other third parties' safety, property or rights; detecting, preventing, and responding to security incidents and health and safety issues (including managing spread of communicable diseases); and protecting against malicious, deceptive, fraudulent, or illegal activity.
Such as if we acquire assets of another business, or sell or transfer all or a portion of our business or assets including through a sale in connection with bankruptcy and other forms of corporate change.
Such as marketing our products or services or those of our affiliates. For example, we may use Personal Data we collect to analyze interactions with us or our Digital Properties; or to send you newsletters, surveys, questionnaires, promotions, or information about events or webinars. You can unsubscribe to our email marketing via the link in the email, by responding "STOP" to the text message, or by contacting us using the information in Section 9 (Contact Information) below.
We may use anonymized, de-identified, or aggregated information for any purpose permitted by law.
Effective October 1, 2021
Updated Date: July 8, 2025
YOU AGREE THAT DISPUTES BETWEEN YOU AND MATERNA HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 10 BELOW. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
These Terms of Use ("Terms"), which include an agreement to arbitrate and consent to electronic communications, govern your access to and use of non-clinical services provided by Materna Health, Inc. ("Materna Health," "We" or "Us"), the Materna Health website located at https://phiahealth.com/ ("Site"), the Materna Health mobile application (the "App"), membership services that include administrative and technology services ("Membership Services"), and connectivity required to receive telehealth services from contracted health care providers, including Materna Health, P.C. ("Materna Providers") via the virtual clinic (the "Virtual Clinic") (collectively, the "Services"). Please read these Terms carefully before using the Services. By accessing or using the Services, you ("You") agree to be bound by these Terms. If You are accepting these Terms for another person(s) (such as Your children or other family members) (each a "Covered Family Member") as such Covered Family Member's parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Covered Family Member.
Materna Health may, in its sole discretion, without prior notice to you, revise these Terms at any time. Should these Terms change materially, Materna Health will provide an "Updated" date directly below the "Effective" date above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the updated date, You will be bound by the updated Terms, including any changes to the Agreement to Arbitrate set forth in Section 11.
You may use the Services solely for your own personal, non-commercial use, or on behalf of Your Covered Family Member for the use of the Services with Your supervision. To access certain features of the Services or to become a member, You must create an account via the Site or App. If you are a minor child registering for the Services, you need to obtain consent, in accordance with applicable laws, from your parent or guardian through a separate consent form that Materna Health will provide. Once you have obtained the necessary consent, you can use the Services. If you are a parent or guardian registering for the Services, you can use them solely for your own personal, non-commercial use or on behalf of any Covered Family Member who is a minor child. By registering, you are (a) affirming that you have the legal authority to seek medical care for any Covered Family Member who is a minor child, and (b) to provide Materna Health with consent to provide care for any Covered Family Member who is a minor child for whom you seek care.
It is important that You provide Us with accurate and complete information for your account and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under Your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or Your personal information.
Materna Health may charge a membership fee for access to certain features of the Services (the "Membership Fee"). The Membership Fee may be modified by notice in accordance with these Terms. Individuals who pay the Membership Fee become Materna Health members (each a "Member").
PAYMENT OF THE MEMBERSHIP FEE TO MATERNA HEALTH IS NOT A REQUIREMENT TO RECEIVE PROFESSIONAL SERVICES FROM MATERNA PROVIDERS.
IF YOUR ACCOUNT IS SUBJECT TO THE MEMBERSHIP FEE, YOU AUTHORIZE US TO CHARGE YOU BY YOUR CHOSEN PAYMENT METHOD THE MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND EACH RENEWAL DATE, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE MEMBERSHIP FEE FOR THE NEXT MEMBERSHIP PERIOD. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING US AT hello@maternacare.com. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR MEMBERSHIP TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.
You may terminate Your use of the Services at any time by not using the Services anymore. We may terminate Your use of the Services at any time by sending notice to You at the email address you provided or otherwise contacting you or posting a notice on the Site. If We terminate Your use of the Services because You have breached these Terms or any other agreement You have entered into with Us, You will not be entitled to any refund, including the Membership Fee. We are not required to provide You with notice prior to terminating your use of the Services or a reason for such termination.
Effective October 1, 2021
Updated Date: December 12, 2022
DO NOT USE THE PROVIDER SERVICES, INCLUDING THE TELEHEALTH SERVICES, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
These Provider Services Terms ("Provider Services Terms") govern your use of the professional services ("Provider Services") provided by Materna Health, P.C. ("Materna Providers"). Please read these Provider Services Terms carefully before using Materna Providers' Provider Services.
Materna Health, Inc. ("Materna Health") provides membership and other non-medical services to consumers ("Membership Services"), and the Terms of Use govern your use of the Membership Services provided by Materna Health. Please read the Terms of Use carefully before using Materna Health's Membership Services.
By clicking the "check box" on https://phiahealth.com/ and other affiliated websites (collectively, the "Site"), and the mobile application ("App") as the registered user, or by signing below as the patient or the legal representative, parent, guardian, conservator, or custodian of a patient who is unable to consent (collectively "You"), You acknowledge to have read, accepted and become legally bound to the terms and conditions set forth below, including in the Telehealth Services Consent contained herein. The terms "You" or "you" shall also mean the patient or recipient of health care services, as applicable.
Please refer to our Notice of Privacy Practices to learn how Materna Providers collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (commonly known as "HIPAA")).
Materna Providers may, in its sole discretion, without prior notice to You, revise these Provider Services Terms at any time. Should these Provider Services Terms change materially, Materna Providers will update the "Effective" date noted above with an "Updated" date and post a notice regarding the updated Provider Services Terms. If You do not agree with the proposed changes, You should discontinue your use of the Provider Services before the effective date of the change. If You continue using the Provider Services after the Updated date, you will be bound by the updated Provider Services Terms.
As applicable, you agree to pay Materna Providers all applicable charges at the prices then in effect for the Provider Services provided to You or another person on whose behalf You are accepting these Provider Services Terms, such as children (each, a "Covered Family Member"). You will be charged for the Provider Services provided to You or Your Covered Family Member by Materna Providers. You authorize Materna Providers and its agents to charge Your chosen payment method (Your "Payment Method") for the Provider Services provided to You or Your Covered Family Member. If Your Payment Method is invalid at the time payment is due, You agree to pay all amounts due upon demand. The third-party services provider who manages Your Payment Method may impose terms and conditions on You, which are independent of these Provider Services Terms, and You agree to comply with those terms. Materna Providers reserves the right to correct any billing errors or mistakes even if payment has already been requested or received. Payment in full is due when the Provider Services are first delivered. No refunds will be issued if the Provider Services are terminated.
You give Materna Providers permission to care for You or Your Covered Family Member. You may withdraw this consent at any time by discontinuing Provider Services from Materna Providers.
You understand and agree that as part of providing Provider Services to You or Your Covered Family Member, your Personal Health Information may be released to an online personal health record and via communication with Materna Providers' clinicians electronically (in accordance with our Notice of Privacy Practices).
You acknowledge that a physician-patient relationship is not established until you have been in communication with a clinician about your treatment. Use of the App alone does not create a patient relationship with Materna Providers.
Materna Providers may directly provide Provider Services to You using virtual technology when the Materna Providers provider and patient are not in the same physical location, and/or deliver health care services virtually, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis or treatment and coaching (the "Telehealth Services"). Telehealth may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, text, interactive questionnaire, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. You understand that virtual encounters required to receive Telehealth Services via phone, email, video, or otherwise, could involve certain limitations and risk, such as unauthorized disclosure of Personal Health Information, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of types of Materna Providers clinicians, including physicians, coaches, registered nurses, nurse practitioners, physician assistants, and other support or medical personnel in accordance with applicable laws and regulations.
Unless You object, You give permission to Materna Providers to record and process Your personal details and medical data generated during the provision of Telehealth Services. You may withdraw these permissions at any time by discontinuing your use of Telehealth Services from Materna Providers.
If you have questions about this Notice, please contact our Privacy Officer at:
Materna Health, P.C.
1000 N. Broad Street, Suite 100
Philadelphia, PA 19123