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Terms of Use

Welcome to The Family Care Plan Holdings LLC. This website is designed to provide healthcare professionals with tools and resources to help them deliver better care to their patients.

By accessing or using our website and services, you agree to be bound by these Terms of Use and our Privacy Policy. Please read them carefully. If you do not agree to these terms, you may not use our services.

1. Scope of Agreement

These Terms of Use and our Privacy Policy apply to all websites, applications, smart speakers, wearables, and other technology operated by The Family Care Plan Holdings LLC. This includes, but is not limited to, the following domains:

• www.thefamilycareplan.com
• www.friendcovery.com
• www.myproviderplan.com

Your use of any of these services constitutes your acceptance of these terms.

2. Disclaimer of Medical Advice

The content, tools, and features on this website are for informational and administrative purposes only. This site does not provide medical advice and is not a substitute for professional medical help.

You should always consult with a qualified doctor, therapist, counselor, or other healthcare professional for diagnosis, treatment, and advice regarding any medical or mental health condition, including addiction. The Family Care Plan Holdings LLC, its employees, affiliates, and AI-driven tools are not licensed to provide medical care, and their use does not establish a doctor-patient relationship.

3. User Responsibilities

• Maintaining the confidentiality of your account information and password.
• Ensuring the accuracy of all information you provide on the site.
• Complying with all applicable laws and regulations.
• Using the service responsibly and in a manner that does not interfere with its functionality or the experience of other users.

4. Limitation of Liability

The Family Care Plan Holdings LLC and its affiliates will not be liable for any damages arising from the use of this website. Your use of the service is at your sole risk.

Privacy Policy

Your privacy is very important to us. This policy outlines how The Family Care Plan Holdings LLC collects, uses, and protects your information, especially in the context of our AI-driven services.

1. Scope of Policy

This Privacy Policy applies to all data collected, used, and shared through our websites, applications, smart speakers, wearables, and other technology, including the domains listed above.

2. Information We Collect

• Patient Profile Information: Details necessary to create and manage a patient profile.
• Custom Care Plans: Data related to the creation and adaptation of individual care plans.
• Communication: Records of communication through our platform.
• AI-Generated Data: Information derived from our AI tools to provide insights and improve care.

3. How We Use Your Information

• Providing Tools to Healthcare Providers: To allow healthcare professionals to access patient profiles and custom care plans, enabling them to provide better care.
• AI for Adaptive Learning: Our AI system uses your data for adaptive learning to help provide more personalized help and solutions for each individual.
• Predictive Analytics: Our AI uses predictive analytics to identify when someone may be at risk of harming themselves or others, providing immediate alerts to healthcare providers.

4. Sharing Your Information

• With Your Designated Provider: Your healthcare provider has access to your profile and custom care plan to facilitate patient care.
• Legal Requirements: If required by law, court order, or government regulation, we may disclose your information.
• Consent: With your explicit consent.

5. Data Security

We implement a variety of security measures to protect your information. However, no electronic transmission or storage is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.

6. Your Rights

You have the right to access and correct your information. For any questions or concerns about your privacy, please contact your healthcare provider or The Family Care Plan Holdings LLC directly.

Your privacy is very important to us. This policy outlines how The Family Care Plan Holdings LLC collects, uses, and protects your information, especially in the context of our AI-driven services.

1. Scope of Policy

This Privacy Policy applies to all data collected, used, and shared through our websites, applications, smart speakers, wearables, and other technology, including the domains

• www.thefamilycareplan.com
• www.friendcovery.com
• www.MYPROVIDERPLAN.COM

Your use of any of these services constitutes your acceptance of these terms.

2. Information We Collect

When you use our services, we collect information that you or your provider submit, which may include Protected Health Information (PHI). This includes, but is not limited to:

Patient Profile Information: Details necessary to create and manage a patient profile.

Custom Care Plans: Data related to the creation and adaptation of individual care plans.

Communication: Records of communication through our platform.

AI-Generated Data: Information derived from our AI tools to provide insights and improve care.

3.How We Use Your Information

We use the information we collect to provide and improve our services, including:

Providing Tools to Healthcare Providers: To allow healthcare professionals to access patient profiles and custom care plans, enabling them to provide better care.

AI for Adaptive Learning: Our AI system uses your data for adaptive learning to help provide more personalized help and solutions for each individual

Complying with all applicable laws and regulations.

Predictive Analytics: Our AI uses predictive analytics to identify when someone may be at risk of harming themselves or others. This is done to provide immediate alerts to the healthcare provider to take appropriate action.

4.Sharing Your Information

Your privacy is a top priority. We do not sell or rent your personal information to third parties. We will share your information only in the following limited circumstances:

With Your Designated Provider: Your healthcare provider has access to your profile and custom care plan to facilitate patient care.

Legal Requirements: If required by law, court order, or government regulation, we may disclose your information.

Consent: With your explicit consent

5. Data Security

We implement a variety of security measures to protect your information. However, no electronic transmission or storage is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.

6. Your Rights

You have the right to access and correct your information. For any questions or concerns about your privacy, please contact your healthcare provider or The Family Care Plan Holdings LLC directly

By using the services and website provided by The Family Care Plan Holdings LLC, you agree to the terms below. This is a legally binding authorization to use and disclose your Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA).

1. Authorization to Use and Disclose PHI

I, the user, hereby authorize The Family Care Plan Holdings LLC to collect, use, and disclose my Protected Health Information (PHI) that I submit through this website, its forms, or any connected online services. The information I am authorizing for use and disclosure includes, but is not limited to:

• Appointment scheduling and history
• Communication logs with providers
• Health and personal information submitted via online forms
• Billing and payment information

This information is being collected for the primary purpose of providing healthcare services and facilitating communication between the user and professionals associated with The Family Care Plan Holdings LLC.

2. Electronic Signature and Acknowledgment

I understand that my action of checking a box and/or proceeding with the use of this website serves as a binding electronic agreement. By providing my consent, I am authorizing the use and disclosure of my PHI as described above.

AI Disclaimer for Patient Services

This section outlines the role of artificial intelligence (AI) in our services and provides a crucial disclaimer regarding its use.

1. AI is Not a Medical Professional

I understand and acknowledge that the AI tools, chatbots, or other systems used by The Family Care Plan Holdings LLC are not licensed medical doctors, therapists, or counselors. These AI systems are technological tools designed to assist with administrative functions, such as scheduling, providing general information, or processing forms.

2. For Informational Purposes Only

Any information or responses generated by the AI are for informational purposes only. The AI's output is not a substitute for professional medical advice, diagnosis, or treatment. It cannot and should not be relied upon to make medical decisions.

3. No Diagnosis or Treatment

I understand that the AI cannot provide a medical diagnosis, recommend a course of treatment, or prescribe medication. These actions can only be performed by a qualified, licensed healthcare professional.

4. Consult a Professional

I agree to always consult with a qualified healthcare provider for any questions or concerns I may have about a medical condition, before starting any new treatment, or if I am experiencing a medical emergency.

5. User Acknowledgment

By using this website and its services, I acknowledge that I have read and fully understand the terms of both this Patient Information Release Authorization and the AI Disclaimer. I agree that my use of the services is subject to these terms.

Disclaimer for AI Assistant

Please read this disclaimer carefully before using our services.

1. No Medical or Prescription Advice

This AI program does not provide medical diagnoses, prescriptions, or any form of medical advice. The information provided is for informational purposes only and is not a substitute for professional medical care. You should always consult with a qualified doctor or healthcare provider regarding any medical conditions, treatments, or prescription questions.

2. No Legal or Financial Advice

This program does not offer legal or financial advice. The information provided is not a substitute for the expertise of a licensed professional. For legal matters, please consult with an attorney. For financial decisions, please consult with a financial advisor.

3. Limitation of Liability and Acknowledgement

We have implemented safeguards to prevent our system from providing medical, legal, or financial advice. However, if our system should offer any type of advice related to these topics, you are agreeing that you will seek guidance from a qualified medical professional, financial advisor, or legal professional.

4. Acknowledgement

By checking this box and continuing to use this service, you are acknowledging and agreeing to this disclaimer.

To Our Valued Care Providers:
Welcome to The Family Care Plan Holdings LLC. Our platform provides tools to help you deliver better care to your patients. In doing so, we handle sensitive patient information, also known as Protected Health Information (PHI). To ensure full compliance with the Health Insurance Portability and Accountability Act (HIPAA), we are required to have a legal agreement with you. This agreement is called a Business Associate Agreement (BAA).

What is a BAA?

A BAA is a legally binding contract between a HIPAA Covered Entity (you, the healthcare provider) and a Business Associate (us, The Family Care Plan Holdings LLC). It outlines how we, as a Business Associate, are permitted to handle your patients' PHI on your behalf.

Why is it Required?

The BAA ensures that all PHI shared on our platform is properly protected and used only for the purposes of patient care and administrative support as permitted by law. It holds us accountable for maintaining the privacy and security of this information, including any data generated by our AI tools.

Key Protections in Our BAA

• Protect PHI: Implement robust administrative, physical, and technical safeguards to keep PHI secure.
• Limit Use and Disclosure: Use PHI only as necessary to provide our services to you and as permitted by law.
• Report Breaches: Promptly report any unauthorized access, use, or disclosure of PHI.
• Ensure Subcontractor Compliance: Require any of our partners or subcontractors who handle PHI to also adhere to strict HIPAA standards.
• Support Your Rights: Assist you in fulfilling patient requests for access, amendments, or an accounting of disclosures of their PHI.

Your Responsibility

By using our platform, you agree to our BAA. We encourage you to review the full BAA document to understand all the legal obligations and protections.

• View the full BAA:

Recitals

WHEREAS, Covered Entity is a healthcare provider and, as a HIPAA Covered Entity, creates, receives, maintains, or transmits Protected Health Information ("PHI") as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act").

WHEREAS, Business Associate provides certain online tools and services to Covered Entity, which require the Business Associate to have access to, create, receive, maintain, or transmit PHI on behalf of the Covered Entity.

WHEREAS, the Parties wish to ensure that their respective obligations under the HIPAA Rules, including the Security and Privacy Rules, are met.

1. Definitions

a. HIPAA Rules: The Privacy, Security, and Breach Notification Rules at 45 CFR Part 160 and Part 164.

b. Protected Health Information (PHI): PHI as defined by the HIPAA Rules, limited to the information Business Associate creates, receives, maintains, or transmits on behalf of, Covered Entity.

c. Breach: The acquisition, access, use, or disclosure of PHI in a manner not permitted under the HIPAA Privacy Rule which compromises the security or privacy of the PHI.

All other capitalized terms not otherwise defined herein shall have the meanings set forth in the HIPAA Rules.

2. Obligations of Business Associate

a. Permitted Uses and Disclosures: Business Associate may use or disclose PHI only as necessary to perform the services for which it was engaged by Covered Entity, as specified in the underlying service agreement between the Parties, or as required by law. Business Associate will not use or further disclose PHI other than as permitted or required by this Agreement or as required by law.

b. Safeguards: Business Associate will use appropriate administrative, physical, and technical safeguards to prevent any use or disclosure of PHI not provided for by this Agreement. This includes compliance with the HIPAA Security Rule (45 CFR Part 164, Subpart C). Business Associate will also comply with any additional reasonable security requirements requested by Covered Entity.

c. Reporting: Business Associate will report to Covered Entity any security incident, unauthorized use or disclosure of PHI, or Breach of unsecured PHI, of which it becomes aware, without unreasonable delay and in no event later than [5 business days] after discovery. The report will include, to the extent possible, the identification of the individuals affected, the nature of the information involved, and steps Business Associate has taken to mitigate the harm.

d. Subcontractors: Business Associate will ensure that any of its subcontractors or agents that create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions and conditions that apply to Business Associate under this Agreement.

e. Access and Amendment: Business Associate will provide access to PHI to Covered Entity as is necessary for Covered Entity to fulfill its obligations under 45 CFR § 164.524 (Access) and § 164.526 (Amendment). Business Associate will make available PHI for amendment and incorporate any amendments to PHI as directed by Covered Entity.

f. Accounting of Disclosures: Business Associate will maintain and make available to Covered Entity information required to provide an accounting of disclosures of PHI as required by 45 CFR § 164.528.

g. HIPAA Compliance: Business Associate agrees to comply with the requirements of the HIPAA Security Rule and Privacy Rule applicable to a Business Associate.

h. Return/Destruction of PHI: Upon termination of this Agreement for any reason, Business Associate will, if feasible, return to Covered Entity or destroy all PHI received from, or created or received by Business Associate on behalf of Covered Entity. If such return or destruction is not feasible, Business Associate will continue to extend the protections of this Agreement to the PHI and limit further use and disclosure to those purposes that make the return or destruction of the information infeasible.

3. Obligations of Covered Entity

a. Permissible Requests: Covered Entity will not request Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Rules if done by Covered Entity.

b. Patient Authorization: Covered Entity is responsible for obtaining any necessary patient consents or authorizations that are required for Business Associate's use and disclosure of PHI.

Acknowledgment of AI as a Tool: The Covered Entity understands and acknowledges that the AI-driven tools provided by the Business Associate are designed as an assistive aid to support healthcare professionals. The AI is not a licensed medical professional, and its output is not a substitute for professional medical judgment, diagnosis, or treatment. The Covered Entity agrees to independently monitor and verify all information and suggestions provided by the AI and is solely responsible for all decisions regarding patient care, treatment, and monitoring. The Covered Entity assumes full liability for the care of their patients, regardless of the use of Business Associate's AI tools.

4. Term and Termination

a. Term: This Agreement shall be effective as of the date of execution by both parties and shall terminate when all PHI received from or created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity.

b. Termination for Cause: A Party may terminate this Agreement if it determines that the other Party has committed a material breach of a provision of this Agreement and the breach is not cured within [30 days] of receiving written notice of the breach.

5. General Provisions

a. No Agency Relationship: This Agreement does not create an agency relationship between the Parties.

b. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

c. Indemnification: Each Party shall indemnify and hold harmless the other from and against any and all claims, damages, expenses, or costs arising from a material breach of this Agreement.

By using our services, you are confirming your acceptance of the BAA and your commitment to safeguarding patient information.

Thank you for your partnership in providing secure and effective care.