Legal Notices

The center for Pain Management expects its employees, vendors, partners, patients and clients to comply with all applicable laws and regulations.

For questions related to the following information, please email info@apcmpain.com.

• Disclaimer Statement
• Privacy Policy
• Notice of Privacy Practices: Protected Health Information
• Terms of Use Policy
• Copyright/Trademark Notifications

Disclaimer Statement

Please remember that medical information provided by the Center for Pain Management, in the absence of a visit with a health care professional, must be considered as an educational service only. The information sent through e-mail should not be relied upon as a medical consultation. This mechanism is not designed to replace a physician’s independent judgment about the appropriateness or risks of a procedure for a given patient. We will do our best to provide you with information that will help you make your own health care decisions.

Privacy Policy

This statement discloses the information practices for IndyPain.com, including what type of information is gathered and tracked, how the information is used and with whom the information is shared.

Registration

In order to access certain areas of this Web site (contact form, e-newsletters, white papers and case studies, client portal), you must first complete a registration form. During registration you are required to give contact information (such as name and e-mail address). We use this information to contact you about services in which you have expressed interest.

Center for Pain Management is the sole owner of the information collected on IndyPain.com. Center for Pain Management collects personally identifiable information from our users at several different points on our Web site.

e-Newsletters

If you wish to subscribe to our e-newsletter, we will use your name and e-mail address to send the e-newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out” section.

Service-Related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. Generally, you may not opt-out of these communications, which are not promotional in nature.

Customer Service/Patient Communication

Based upon the personally identifiable information you provide us, we will send you a welcoming e-mail to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will contact you for client satisfaction surveys, market research or in connection with certain transactions. We will communicate with you by e-mail or telephone, in accordance with your wishes.

Children’s Privacy

Center for Pain Management is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Center for Pain Management does not knowingly collect information from children under the age of 13 and Center for Pain Management does not target its Web site to children under 13.

Cookies

We store information that we collect through cookies, log files, clear gifs, and/or third party sources to create a “profile” of your preferences. We tie your personally identifiable information and your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you. We do not share your profile with other third parties. We share your profile in aggregate form only.

We sometimes collect non-identifiable information from visits to our Web site to help us provide better client service. For example, we keep track of the domains from which people visit and we also measure visitor activity on this Web site, but we do so in ways that keep the information non-identifiable. This information is sometimes known as “clickstream data.” Center for Pain Management or others on Center for Pain Management’s behalf may use this data to analyze trends and statistics and to help us provide better client service.

Also, when we collect personal data from you in a transaction, we may extract some information about that transaction in a non-identifiable format and combine it with other non-identifiable information. This information is used and analyzed only at an aggregate level to help us understand trends and patterns. This information is not reviewed at an individual level. If you do not want your transaction details used in this manner you can disable your cookies.

Choice/Opt-out

We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes when we ask for this information. For example, if you purchase a service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each e-newsletter or communication or by emailing us at info@apcmpain.com.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Access to Personally Identifiable Information

If your personally identifiable information changes, you may correct, update, or delete your information by emailing our Client Service at service@IndyPain.com or by contacting us by telephone or postal mail at the contact information listed below.

Security

The security of your personal information is important to us. When you enter sensitive information on our registration forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Business Transitions

In the event Center for Pain Management goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via e-mail of any such change in ownership or control of your personal information.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by e-mail, or by means of a notice on our home page.

Contact Us

If you have any questions or suggestions regarding our privacy policy, please contact us at:

Notice of Privacy Practices: Protected Health Information

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

This notice of Privacy Practices describes how we may use and disclose your Protected Health Information to carry out treatment, payment, or healthcare operations, and for other purposes that are permitted or required by law. It also describes your rights to access and control your Protected Health Information. Protected Health Information is information about you including demographic information that may identify you and that relates to your past, present, or future, physical or mental health condition, and related healthcare services. This notice is divided into three sections and describes the uses and disclosures of your Protected Health Information, your rights as they relate to your Protected Health Information, and our duties as a healthcare provider. We are required to abide by the terms of this notice of Privacy Practices.

Section I – Uses and Disclosures of Your Protected Health Information

Federal law allows this practice to use and disclose your Protected Health Information to carry out treatment, payment, and healthcare operation activities. Your Protected Health Information may be used and disclosed by your physician, our office staff, and others outside of our office that are involved in your care for the purpose of providing healthcare services to you. Your Protected Health Information may also be used and disclosed to obtain payment for your health care services and to support the operation of our practice. The following examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by our office.

The use and disclosure of your Protected Health Information for treatment purposes includes uses and disclosures to provide, coordinate, or manage your healthcare. Examples of this would include disclosure of Protected Health Information to other physicians who may be treating you, including physicians who refer you to our practice. Also, Protected Health Information may be provided to a physician or another service provider to whom you have been referred by our practice to ensure that individual has the necessary information to diagnose you and provide care. Information will also be disclosed to and received from pharmacies to coordinate and oversee prescription medication management.

Your Protected Health Information will also be used as needed to obtain payment for your healthcare services. This may include certain activities that your health insurance plan may undertake before it approves or pays for healthcare services that we recommend for you. Examples include determining eligibility or coverage for insurance benefits, reviewing services provided to you for medical necessity, and undertaking utilization review activities. This would include pre-certification or pre-determination of benefits for outpatient surgical procedures.

We may also use and disclose your Protected Health Information in order to support the business activities of this practice. These activities include, but are not limited to, quality assessment activities, employee review activities, licensing, and conducting or arranging for other business activities. A specific example of this would be the review of medical records by outside agencies who audit medical records for the purpose of ensuring quality care. We may also use a sign-in sheet at the registration desk where you will be asked to sign your name and service you are receiving. We may also call you by name in the waiting room when your physician or service provider is ready to see you. We may use or disclose your Protected Health Information as necessary to contact you to remind you of your appointments.

We will share your Protected Health Information with Third-Party “business associates” that perform various activities for our practice. These activities include, but are not limited to, the provision of certain types of patient’s specific medical equipment, the maintenance of computer software, and collection activities. Whenever an arrangement between our office and a business associate involves the use or disclosure of your Protected Health information, we will have a written contract that contains terms that will protect the privacy of your Protected Health Information.

We may use or disclose your Protected Health Information as necessary to provide you with information about treatment alternatives or other health-related benefits and services that may be of interest to you.

In addition to the uses and disclosures described above that are permitted, as they relate to your treatment, payment for healthcare services, or the operations of this facility, certain other uses or disclosures are permitted or required by law. Specifically, unless you object, we may disclose to a member of your family, a relative, a friend, or any other person you identify, your Protected Health Information that directly relates to that person’s involvement in your healthcare. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose Protected Health Information to identify your location or general condition to a family member, a personal representative, or any other person that is responsible for your care. Finally, we may use or disclose your Protected Health Information to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your care.

The following are specific uses and disclosures of your Protected Health Information that may be made without your agreement or authorization as required by law. We may use or disclose your Protected Health Information to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited to the relative requirements of the law.

We may disclose your Protected Health Information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. The disclosure will be made for the purpose of controlling disease, injury, or disability. We may also disclose your Protected Health Information if directed by the public health authority to a foreign government agency that is collaborating with the public health authority.

We may disclose your Protected Health Information, if authorized by law, to a person who may have been exposed to a communicable disease or may be otherwise at risk of contracting or spreading the disease or condition. We may disclose Protected Health Information to a health oversight agency for activities authorized by law such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the healthcare system, government benefit programs, other government regulatory programs, and civil rights laws.

We may disclose your Protected Health Information to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your Protected Health Information if we believe that you have been a victim of abuse, neglect, or domestic violence to the governmental entity or agency authorized to receive such information. In this case, a disclosure will be made consistent with the requirements of applicable federal and state laws.

We may disclose your Protected Health Information to a person or company required by the Food and Drug Administration to report adverse events, product defects or problems, biologic product deviations; to track products to enable product recalls, to make repairs or replacements, or to conduct post-marketing surveillance as required.

We may disclose Protected Health Information in the course of any judicial or administrative proceeding in response to a court order or administrative tribunal or in certain conditions in response to a subpoena, discovery request, or other lawful process. We may also disclose Protected Health Information so long as applicable legal requirements are met for police law enforcement purposes. These law enforcement purposes include legal processes, limited information requests for identification and location, those pertaining to victims of a crime, in the event that a crime occurs on the premises of the practice, and in the event of a medical emergency. Consistent with applicable federal and state laws, we may also disclose your Protected Health Information if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose Protected Health Information if it is necessary for law enforcement authorities to identify or apprehend an individual.

When the appropriate conditions apply, we may use or disclose Protected Health Information of individuals who are armed forces personnel. Please inquire if you have specific questions regarding the disclosure of Protected Health Information as it relates to military service. We may disclose your Protected Health Information to authorize federal officials for conducting national security and intelligence activities, including for the provision of protective services.

Your Protected Health Information may be disclosed by us in compliance with Worker’s Compensation and laws and other similar legally established programs.

We may also use or disclose your Protected Health Information if you are an inmate of a correctional facility and your physician created or received your Protected Health Information in the course of providing care to you.

In summary, we may use or disclose your Protected Health Information without your authorization for the purposes of providing healthcare services to you (treatment), securing payment for healthcare services, and supporting the operation of this practice. In addition, your Protected Health Information may also be disclosed without your authorization for certain purposes as described above and as required by law. Unless you object, your Protected Health Information can also be disclosed to family members or others involved in your care as described above.

All other uses and disclosures of your Protected Health Information will be made only with your written authorization. You may revoke this authorization at any time in writing except to the extent that your physician or physician’s staff has taken an action in response to that authorization.

Section II – Your Rights

You have the right to inspect and receive a copy of your Protected Health Information. This means that you may inspect, in the presence of a staff member, your Protected Health Information as well as request a copy of this information. You may request to inspect or to receive a copy of your Protected Health Information for as long as we maintain that information. This information may include medical and billing records and any other records that your physician and this practice uses for making decisions about you. Under federal law, however, you may not inspect or copy the following records: psychotherapy notes that are maintained outside of the medical record, information compiled in reasonable anticipation of or in use in a civil, criminal, or administrative action or proceeding, and Protected Health information that is subject to law that prohibits access to that information. Access may be denied if a healthcare provider has determined that access to the record is likely to endanger the life or safety of you or another individual, or cause substantial harm to another individual who is not a healthcare provider mentioned in the record. If access to your medical record is denied, you will be informed in writing of the denial. Certain reasons for denying access to your medical record are reviewable and you may have a right to request that a denial be reviewed. Please contact our Privacy Official if you have questions about access to your medical record, or if you wish to have a denial reviewed. The state approved fee for the copying of medical records will be applied to any request for copies of health information.

You have the right to request a restriction of your Protected Health Information. This means you may ask us not to use or disclose a part of your Protected Health Information for the purposes of treatment, payment, or health care operations. You may also request that a part of your Protected Health Information not be disclosed to family members or friends who may be involved in your care, or for notification purposes as described in this notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply. Your physician is not required to agree to a restriction that you may request. If your physician believes it is in your best interest to permit use and disclosure of your Protected Health Information, as otherwise permitted by law, your Protected Health Information will not be restricted. If your physician does agree to the requested restriction, we may not use or disclose your Protected Health Information in violation of that restriction unless it is needed to provide emergency treatment. With this in mind, please discuss any restriction you wish to request with your physician. You may request a restriction by informing any member of our staff of your desire to restrict the use and disclosure of your Protected Health Information. The staff member will complete, with your assistance, a Restricted Disclosure Form, and forward it to the Privacy Official who will obtain the approval of the physician.

You have the right to request to receive confidential communications from us by alternative means or at an alternative location. This means you can ask us to contact you or leave messages at alternative phone numbers or send correspondence to an alternative address. We will accommodate all reasonable requests. We may, however, require you to provide us information as to how payment will be handled, or to specify an alternative address or method of contact. We will not request an explanation of your request from you. Please make this request in writing and ask any member of our staff to forward it to our Privacy Official.

You may have the right to have your physician amend your Protected Health Information. This means you may request that your physician correct information in your medical record that you believe to be inaccurate for as long as that health information is maintained in our practice. We may deny your request for an amendment if the information in question was not created by your physician or a member of the staff at this practice, or if your physician believes the information contained in your medical record is accurate and complete. If we deny your request for an amendment, you have the right to file a Statement of Disagreement with us, and we may prepare a rebuttal to your statement. Both your Statement of Disagreement and our prepared rebuttal, if any, will become part of your Protected Health Information and will be disclosed as part of any permitted or required disclosure. You will receive a copy of any written statement of rebuttal placed into your medical record. Please make any requests for amendment of your Protected Health Information to a member of our staff in writing and ask them to forward it to the Privacy Official.

You have the right to receive an accounting of certain disclosures we have made, if any, of your Protected Health Information. This right applies to disclosures for purposes other than treatment, payment, or healthcare operations, and does not apply to disclosures made in response to a valid authorization signed by you or a personal representative. It also excludes disclosures made to family members or others involved in your care. You have the right to receive specific information regarding these disclosures that occurred after April 14, 2003. Your right to receive this information is subject to certain exceptions, restrictions, and limitations.

Section III – Our Duties

This practice is required by law to maintain the privacy of Protected Health Information and to provide you with notice of our legal duties and Privacy Practices with respect to Protected Health Information. We must provide to you this written notice of Privacy Practices. We may change the terms of our notice at any time. The new notice will be effective for all Protected Health Information that we maintain at that time. Upon your request, we will provide you with any revised notice of Privacy Practices. You may obtain a revised notice by calling the office and requesting that a revised copy be sent to you in the mail, or by asking for one at the time of your next appointment. You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our Privacy Official of your complaint. We will not retaliate against you for filing a complaint. Our Privacy Official is the facility administrator and may be contacted at (317) 706-7246. This notice was published and becomes effective on April 14, 2003.

Terms of Use Policy

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEB SITE.

The following are terms of a legal agreement between you and Center for Pain Management. By accessing, browsing and/or using this Web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this web site.

This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.

Information may be changed or updated without notice. Center for Pain Management may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Center for Pain Management assumes no responsibility regarding the accuracy of the information that is provided by Center for Pain Management and use of such information is at the recipient’s own risk. Center for Pain Management provides no assurances that any reported problems may be resolved with the use of any information that Center for Pain Management provides. By furnishing information, Center for Pain Management does not grant any licenses to any copyrights, patents or any other intellectual property rights.

Center for Pain Management does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Center for Pain Management will be deemed NOT to be confidential. By sending Center for Pain Management any information or material, you grant Center for Pain Management an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Center for Pain Management is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Limitation of Liability

Center for Pain Management makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-Center for Pain Management Web site, even one that may contain the Center for Pain Management-logo, please understand that it is independent from Center for Pain Management, and that Center for Pain Management has no control over the content on that Web site. In addition, a link to a non-Center for Pain Management Web site does not mean that Center for Pain Management endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL CENTER FOR PAIN MANAGEMENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY CENTER FOR PAIN MANAGEMENT ON AN “AS IS” BASIS ONLY. CENTER FOR PAIN MANAGEMENT PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

Center for Pain Management may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms to which you are bound.

Copyright/Trademark Notifications

Those trademarks followed by ® are registered trademarks of Center for Pain Management in the United States; all others are trademarks or common law marks of Center for Pain Management in the United States: Center for Pain Management ® (pending)

Fair use guidelines for use and reference of Center for Pain Management trademarks

Center for Pain Management “trademarks” include the logo and other designs owned and used by Center for Pain Management (collectively referred to herein as “logos”), as well as Center for Pain Management product and service names (collectively referred to herein as “product names”). Center for Pain Management takes great care in the development and protection of its trademarks and reserves all rights of ownership of its trademarks.

Use of Center for Pain Management logos

Center for Pain Management carefully limits the use of its logos. No other company may use Center for Pain Management logos unless it has the express written permission of Center for Pain Management, or is licensed by Center for Pain Management to do so. To obtain permission to use any Center for Pain Management logo, e-mail info@apcmpain.com.

Fair use of Center for Pain Management product names

“Fair use” of trademarks allows third parties to make reference (text ONLY) to Center for Pain Management product names. While fair use allows use of or reference to Center for Pain Management product names, it is necessary that the usage be truthful, not disparaging to Center for Pain Management, and does not mislead the public. You must be clear and accurate as to the nature of the relationship between Center for Pain Management and your company, its products or services.

Incorrect use of Center for Pain Management trademarks

• Do not alter the approved Center for Pain Management trademark.
• Do not create any new logo for Center for Pain Management or Center for Pain Management product names.
• Do not incorporate any Center for Pain Management product names into your company’s product names.
• Do not incorporate any Center for Pain Management product names into the root domain of any Web site owned by your company.
• Do not misspell or use lower case letters when using the name Center for Pain Management in text.
• Do not use the Center for Pain Management taglines.
• Do not connect your company name with Center for Pain Management product names.
• Do not use the Center for Pain Management trademark name for a product or service as a noun, or in the plural form.
• Do not misspell or incorrectly capitalize Center for Pain Management trademarks.

Linking to www.IndyPain.com
Anyone linking to Center for Pain Management’s Web site must comply with these Guidelines for Linking to Center for Pain Management’s Web site.

A site that links to Center for Pain Management’s Web site:

• May link to but not replicate Center for Pain Management content
• Should not create a browser or border environment around Center for Pain Management content
• Should not imply that Center for Pain Management is endorsing it or its products
• Should not misrepresent its relationship with Center for Pain Management
• Should not present false information about Center for Pain Management products or services
• Should not use the Center for Pain Management logo without permission from Center for Pain Management
• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups