Privacy Practices

Privacy Practices

Effective: July 14, 2026 | Originally effective March 2, 2019

1. Introduction & Who We Are

Modyfi Health Inc. (“Modyfi,” “we,” “us,” or “our”) is a nationwide telehealth mental health and wellness network providing psychiatry, medication management, therapy, nutrition, and exercise services including coordinated care services through the Modyfi Network and medical billing and administrative services to providers through MAPS. Our principal place of business is 300 Delaware Ave., Suite 210, Wilmington, DE 19801.

This Privacy Practices document applies to all Modyfi Health services, staff, and contractors operating under the Modyfi brand. It covers how we handle Protected Health Information (PHI) under HIPAA, how we use technology and AI tools, how we share information within the Modyfi Network, how MAPS handles billing data, how we collect and use information on our website, and how we communicate via SMS.

For privacy questions or concerns, contact our Privacy Officer at:

• Email: info@modyfihealth.com
• Phone: 833-366-3934
• Mail: 300 Delaware Ave., Suite 210, Wilmington, DE 19801

id=”hipaa”2. HIPAA Notice of Privacy Practices

We are required by law to: (1) maintain the privacy of your Protected Health Information (PHI); (2) provide you with this Notice; and (3) follow the terms described herein.

How We May Use or Disclose Your PHI

• Treatment – To provide, coordinate, and improve your care, including sharing with other Modyfi providers, supervised clinicians, and Modyfi Network providers under valid patient authorization.
• Payment – To obtain payment for services from your insurance carrier, if applicable. Billing may be processed by MAPS (see Section 5).
• Health Care Operations – For internal administration, quality improvement, provider evaluation, and complaint resolution.
• Public Health & Safety – Reporting communicable diseases, abuse, neglect, or imminent threats to health and safety as required by applicable law.
• Legal & Law Enforcement – When required by court order, subpoena, or applicable federal or state law.
• Health Oversight – To support government oversight of healthcare compliance.
• Special Government Functions – As required by the U.S. military, Department of State, or other government entities with special functions.
• Workers’ Compensation – As authorized by applicable state law.
• Disclosure to Relatives or Caregivers – Only when you are present and we can reasonably infer you do not object.

Highly Confidential & Specially Protected Information

Federal and state law impose heightened privacy protections on certain categories of information. Modyfi complies with all applicable heightened protections, including:

• Psychotherapy Notes – Protected under HIPAA 45 CFR § 164.508. Require your separate explicit written authorization before disclosure to any party, including other treating providers.
• Substance Use Disorder Records – Protected under 42 CFR Part 2. Require your explicit written consent for each individual disclosure, even within a treatment team. This standard is stricter than HIPAA and applies regardless of any other authorization you have signed.
• HIV/AIDS Testing Records – Subject to additional state and federal privacy protections. Separate authorization required for disclosure.
• Genetic Testing Information – Protected under applicable federal and state law. Separate authorization required for disclosure.
• Minor Patient Records – Subject to state-specific minor consent and privacy laws, which vary by state. Modyfi applies the applicable standard for your state of residence.

Your Rights Regarding Your PHI

• Right to Access & Copy – Request access to or copies of your health records. Contact us at 833-366-3934 or clinic@modyfihealth.com. Note: psychotherapy notes are excluded from standard access rights. A summary fee of $150/hour may apply for requested PHI summaries.
• Right to Amend – Request corrections to inaccurate information by contacting us at clinic@modyfihealth.com. We will comply unless the information is accurate and complete or special circumstances apply.
• Right to Restrict Disclosures – Request restrictions on certain uses of your PHI. We are not always required to agree, but we will if you have paid out of pocket in full and request we not share that information with your insurer.
• Right to Confidential Communications – Request that we communicate with you by alternative means or at alternative locations.
• Right to an Accounting of Disclosures – Request a listing of certain disclosures made in the past six years. A fee of $10 per page applies for requests beyond one per twelve-month period.
• Right to Be Notified of a Breach – We will notify you promptly if a breach occurs that may have compromised the privacy or security of your PHI.
• Right to Revoke Authorization – You may revoke any signed authorization at any time in writing by contacting clinic@modyfihealth.com. Revocation does not affect disclosures already made.
• Right to File a Complaint – Contact us at clinic@modyfihealth.com or 833-366-3934. You may also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights. We will not retaliate against you for filing a complaint.

3. AI & Technology Privacy

Modyfi uses AI-assisted tools to support clinical documentation and care quality. We are committed to transparency about how these tools work and how they handle your information.

AI-Assisted Note-Taking & Session Recording

With your consent, Modyfi providers may use AI-assisted tools to record and transcribe sessions for the purpose of generating clinical notes. Any AI tool used for this purpose must be covered by a valid HIPAA-compliant Business Associate Agreement (BAA) prior to use.

• All AI-generated notes and transcriptions are reviewed, edited, and approved by your licensed clinician before becoming part of your official health record. AI does not make independent clinical decisions.
• Audio and video recordings used for transcription are not retained beyond what is operationally necessary for note generation.
• You may opt out of AI-assisted recording at any time, including on a per-appointment basis, without affecting the quality of your care.

AI-Assisted Clinical Data Review

Modyfi may use AI tools operating within HIPAA-compliant platforms under active BAAs to support clinical data review, pattern identification, and care coordination. All AI-assisted data review is subject to licensed clinician oversight. Your data is not used to train AI models or shared with third parties for commercial purposes.

Platform & Vendor Requirements

All technology vendors with access to your PHI — including AI tools, communication platforms, and EHR systems — are required to execute a BAA with Modyfi or with the applicable Network provider before accessing any patient data. Modyfi maintains records of active BAAs with its direct vendors and requires Network providers to maintain BAAs with their own platforms.

4. Modyfi Network Data Sharing

Modyfi operates a collaborative care network (Why I Care the “Modyfi Network”) of credentialed providers available at modyfihealth.com/providers. Care coordination within the Modyfi Network is governed by the Modyfi Network Data Sharing Authorization, which patients are asked to sign at intake.

What May Be Shared Within the Network

The following categories of information may be shared with Modyfi Network providers involved in your care, subject to your signed authorization:

• Referral summaries, primary diagnosis, and diagnostic history
• Current medication list
• Quarterly treatment summaries
• Safety information and active safety plans
• Relevant social history
• Laboratory results and clinical assessments
• Psychiatric evaluations and medication management notes

What Is Never Shared Without Additional Authorization

• Psychotherapy notes — require separate explicit written authorization
• Substance use disorder records — require explicit consent per disclosure under 42 CFR Part 2
• Information unrelated to your treatment at Modyfi
• Any information for marketing, research, or commercial purposes

Network Provider Requirements

All Modyfi Network providers are required to maintain HIPAA-compliant data practices, execute a BAA with Modyfi, and maintain BAAs with their own technology platforms as a condition of Network participation. A current directory of Network providers is maintained at modyfihealth.com/providers.

5. MAPS Billing Privacy

MAPS (Modyfi Administrative and Practice Solutions), a DBA of Modyfi Health, provides billing and practice management services for participating providers. MAPS accesses your PHI solely for treatment payment purposes as permitted under HIPAA and maintains its own HIPAA Privacy and Security program.

• MAPS does not use or disclose your PHI for marketing, research, or any purpose beyond billing and administrative functions related to your care.
• MAPS billing services apply only to patients whose provider uses MAPS. Patients whose providers bill through external platforms (Headway, Alma, Sondermind, etc.) are subject to those platforms’ privacy practices.
• For MAPS billing privacy questions, contact the MAPS Privacy Officer at billing@modyfihealth.com.

6. Website Privacy

Information We Collect

When you use the Modyfi website (modyfihealth.com), we may collect:

• Contact information you provide directly, such as your name, email address, phone number, or mailing address when you complete a form, sign up for communications, or book a discovery call.
• Technical information automatically collected by our website, including your IP address, browser type, domain name, access times, and referring website addresses. This information is used to operate and improve the website.
• Anonymous demographic information that is not unique to you, such as ZIP code, age range, or general location.

How We Use Website Information

• To respond to your inquiries and provide information about our services.
• To send you newsletters, updates, or marketing communications if you have opted in.
• To monitor website usage and improve our services.
• To comply with legal obligations and protect the rights and property of Modyfi and our patients.

Cookies

Our website uses cookies — small text files placed on your device — to personalize your experience and analyze website traffic. Cookies cannot be used to run programs or deliver viruses. You may adjust your browser settings to refuse cookies, though some website features may not function as intended if you do so.

How We Share Website Information

We may share website-collected personal information with vendors and service providers who process it on our behalf (e.g., analytics, marketing, financial services). We will not sell your personal information or share it with third parties for their own direct marketing purposes without your explicit consent. We may disclose information when required by law or to protect the rights and safety of Modyfi and its users.

Data Retention

Personal information collected through our website is retained only as long as necessary for the purpose for which it was collected, subject to applicable legal retention requirements.

Security

Modyfi secures personal information using industry-standard measures, including encrypted transmission via SSL/TLS. While no system is completely secure, we take reasonable precautions to protect your information from unauthorized access, use, or disclosure.

7. SMS Privacy Policy

How We Use SMS

Modyfi Health uses SMS text messaging to communicate with patients for appointment reminders, care coordination, clinical follow-up, and administrative communications. All messaging is conducted through HIPAA-compliant platforms under a BAA.

Consent & Opt-Out

• SMS consent is collected separately at the point of intake and is voluntary. It is not required to receive care at Modyfi.
• You may opt out at any time by replying STOP to any message or by contacting us at clinic@modyfihealth.com or 833-366-3934.
• Standard message and data rates may apply. Message frequency varies based on your care needs.
• Your phone number will not be shared with third parties for marketing or promotional purposes.

Types of SMS Communications

• Appointment reminders and scheduling notifications
• Care coordination and clinical follow-up messages
• Administrative communications related to your care
• Billing reminders (from MAPS, if applicable)

8. Your Privacy Rights — Plain Language Summary

As a Modyfi patient, you have the right to:

• See and get copies of your health records (with limited exceptions for psychotherapy notes)
• Ask us to correct mistakes in your records
• Ask us to limit how we share your information
• Ask us to contact you in a specific way or at a specific location
• Know if there has been a breach of your health information
• Take back (revoke) any authorization you have signed, at any time, in writing
• File a complaint with Modyfi or the federal government if you think your privacy rights have been violated — we will never retaliate against you for complaining

Special protections apply to:

• Psychotherapy notes — require your separate written permission to share
• Substance use disorder records — require your written permission for each individual disclosure
• HIV/AIDS and genetic testing records — require separate authorization

You can opt out of:

• AI-assisted session recording and note-taking — any time, including per appointment
• SMS communications — reply STOP to any message
• Modyfi Network data sharing — submit a written revocation to clinic@modyfihealth.com

9. Changes to This Policy & Contact Information

Modyfi reserves the right to update this Privacy Practices document at any time. Material changes will be communicated to patients via the patient portal or email. The current version of this document is always available at modyfihealth.com/privacy-practices.

Originally effective: March 2, 2019. Comprehensively revised: July 14, 2026.

For any privacy questions, concerns, or requests, contact us at:

• Email: clinic@modyfihealth.com
• Phone: 833-366-3934 (call or text)
• Fax: 833-630-0540
• Mail: Modyfi Health Inc., 300 Delaware Ave., Suite 210, Wilmington, DE 19801

Modyfi Health • modyfihealth.com • 833-3-MODYFI • clinic@modyfihealth.com