Privacy Policy

Effective Date: June 10, 2025

This Privacy Policy describes how Open Wings Home Agency, LLC ("we," "us," or "our") collects, uses, stores, discloses, and protects your personal information when you use our website (www.openwingscare.com) and utilize our nurse registry services. We are committed to safeguarding your privacy and the confidentiality of your personal and health information in accordance with all applicable federal and Florida state laws and regulations, including the Health Information Portability and Accountability Act (HIPAA), the Florida Information Protection Act (FIPA), the Florida Digital Bill of Rights (FDBR), and the Florida Nurse Practice Act.

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to the terms of this Privacy Policy. If you do not agree with the terms, please do not use our website or services.

1. Information We Collect

We collect various types of personal information, which may include Protected Health Information (PHI), to provide our services and operate our nurse registry. This information may be collected directly from you, from your healthcare providers with your consent, or from other authorized sources.

Contact Information: Your name, physical address, email address, phone number, and other relevant contact details.
Health Information (Protected Health Information - PHI): Medical history, diagnoses, treatment plans, medications, allergies, health conditions, social determinants of health, and other health-related information essential for providing appropriate care coordination. This includes information that could identify you and relates to your past, present, or future physical or mental health or condition, the provision of health care to you, or the past, present, or future payment for the provision of health care to you.
Financial Information: Insurance details, billing and payment information (e.g., credit card details for processing, bank account information for direct deposit if applicable for caregivers), and other financial data required for invoicing and reimbursement purposes.
Identifiers: Social Security numbers, driver’s license numbers, or other government-issued identification numbers as necessary for identification, verification, and background checks (especially for caregivers).
Demographic Information: Date of birth, gender, marital status, and other demographic data relevant to service provision.
Employment Information (for Caregivers/Applicants): Resumes, employment history, educational background, professional licenses/certifications, references, background check results, and other information relevant to assessing and processing employment or contractor applications.
Website Usage Data: Information about your interaction with our website, such as IP address, browser type, operating system, pages viewed, and access times. This information helps us improve our website and services.

2. Purpose of Collection and Use

We collect and use your personal information, including PHI, for the following purposes:

Service Provision: To provide and manage home care services, coordinate care with healthcare professionals, develop and implement individualized care plans, and maintain accurate records of client care. This includes matching clients with appropriate caregivers.
Communication: To communicate with clients, their families, legal representatives, and authorized healthcare providers regarding care services, scheduling, updates, important information, and to respond to inquiries.
Billing and Reimbursement: To process invoices, submit insurance claims, facilitate payment transactions, and manage financial aspects of our services.
Compliance with Laws and Regulations: To fulfill our legal, regulatory, and contractual obligations under HIPAA, FIPA, FDBR, the Florida Nurse Practice Act, and other applicable laws. This includes maintaining required records for audit and oversight purposes.
Employment and Contractor Management: To assess and process employment and contractor applications, manage caregiver credentials, and facilitate caregiver placement.
Website Improvement: To understand how users interact with our website, troubleshoot technical issues, and enhance user experience.
Security: To protect against fraud, unauthorized access, and other unlawful activities.

3. Information Sharing and Disclosure

We may share your personal information, including PHI, only as permitted or required by law, and as necessary to provide our services. We do not sell your personal information.

Healthcare Providers and Caregivers: We share relevant PHI with healthcare professionals and caregivers involved in your care to ensure proper coordination and continuity of services.
Third-Party Service Providers: We may disclose personal information to trusted third-party service providers who assist us in delivering our services, such as electronic medical record (EMR) systems, billing processors, IT support, and background check providers. These service providers are legally bound by Business Associate Agreements (BAAs) under HIPAA and confidentiality obligations, and are required to protect your information and use it only for the purposes for which it was disclosed.
Legal Requirements: We may disclose personal information if required by law, court order, subpoena, search warrant, or other valid legal processes, or to cooperate with law enforcement or government authorities.
With Your Consent: We may share personal information with your explicit consent or as authorized by you or your legal representative.
Emergency Situations: In emergencies, we may disclose your information to prevent serious harm to your health or safety or the health and safety of others.
Business Transfers: In the event of a merger, acquisition, reorganization, or sale of all or a portion of our assets, your personal information may be transferred as part of that transaction, provided the acquiring entity agrees to adhere to the privacy practices described in this policy.

4. Your Rights Regarding Your Personal Information (HIPAA & FDBR)

As a client or user of our services, you have certain rights regarding your personal information under HIPAA and the Florida Digital Bill of Rights (FDBR):

Right to Access: You have the right to inspect and obtain a copy of your personal information, including your PHI, that we hold.
Right to Amendment/Correction: You have the right to request that we amend or correct any incomplete or inaccurate personal information we maintain about you.
Right to Deletion (FDBR): You have the right to request the deletion of your personal data, subject to certain exceptions (e.g., necessary for service provision, legal compliance, or to complete transactions).
Right to Data Portability (FDBR): You have the right to obtain your personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance.
Right to Opt-Out (FDBR):
- Sale of Personal Data: You have the right to opt out of the processing of your personal data for the purpose of selling personal data. We do not sell your personal data.
- Targeted Advertising: You have the right to opt out of the processing of your personal data for the purpose of targeted advertising. We do not use your personal data for targeted advertising.
Right to Opt-Out of Profiling (FDBR): You have the right to opt out of the processing of your personal data for the purpose of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. We do not engage in such profiling.
Right to Restrict Processing/Disclosure (HIPAA): You have the right to request restrictions on how we use or disclose your PHI for treatment, payment, or healthcare operations. We are not required to agree to all requests, but if we do, we will abide by that restriction.
Right to Receive an Accounting of Disclosures (HIPAA): You have the right to request an accounting of certain disclosures of your PHI made by us.
Right to Request Confidential Communications (HIPAA): You have the right to request that we communicate with you about health matters in a certain way or at a certain location.

To exercise any of these rights, please contact us using the contact information provided at the end of this Privacy Policy. We will respond to your request in accordance with applicable laws.

5. Consent

By using our services, you consent to the collection, use, storage, and disclosure of your personal information, including PHI, as described in this Privacy Policy. Where required by law, especially for sensitive health information or for certain disclosures, we will obtain your explicit written authorization.

6. Data Security and Florida Information Protection Act (FIPA)

We implement reasonable and appropriate physical, technical, and administrative safeguards to protect your personal information, including PHI, from unauthorized access, disclosure, alteration, loss, or destruction, in compliance with HIPAA's Security Rule and FIPA's requirements. Our security measures include:

Encryption: Protecting data during transmission and at rest where appropriate.
Access Controls: Limiting access to personal information to authorized personnel only.
Regular Security Assessments: Conducting periodic reviews of our security practices.
Employee Training: Training our staff on privacy and security protocols.

In the unfortunate event of a data breach involving your personal information, we will comply with FIPA's breach notification requirements, notifying affected individuals and the appropriate authorities within 30 days, unless a law enforcement agency determines that the notification would impede a criminal investigation.

7. Data Retention

We retain personal information, including PHI and client records, for as long as necessary to fulfill the purposes outlined in this Privacy Policy, to comply with legal and regulatory obligations (including those under the Florida Nurse Practice Act regarding patient records), and to resolve disputes. When personal information is no longer required, we will securely dispose of it in a manner that ensures its permanent deletion or anonymization, respecting your privacy.

8. Children's Privacy (COPPA)

Our services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete such information from our records. If you believe we may have collected information from a child under 13, please contact us.

9. Links to Third-Party Websites

Our website may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review the privacy policies of any third-party websites you visit.

10. "Do Not Track" Signals

Some web browsers offer a "Do Not Track" signal that allows you to communicate to websites that you do not want your online activities to be tracked. Currently, our website does not respond to "Do Not Track" signals.

11. International Data Transfers

Our services are provided and our data is physically maintained within the continental United States, its territories, or Canada, in compliance with the Florida Electronic Health Records Exchange Act (Senate Bill 264). We do not store or process patient information offsite in locations outside these specified regions.

12. Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time to reflect changes in our practices, services, or applicable laws. Any changes will be effective immediately upon posting the revised policy on our website with a new "Effective Date." We encourage you to review this Privacy Policy periodically for any updates. Your continued use of our website or services after any changes indicates your acceptance of the revised Privacy Policy.

13. Contact Us

If you have any questions, concerns, requests regarding your privacy rights, or wish to report a privacy concern related to this Privacy Policy or our practices, please contact us at:

Open Wings Home Agency, LLC.

Address: 16499 NE 19th Ave. Suite 213, North Miami Beach, FL 33162

Email: info@openwingscare.com

Phone: (786) 319-8209

You may also use the "Click here for more ways to contact us" link on our website.