Disclaimer Policy

Effective Date: April 23, 2025

1. Introduction

1.1

Informed + Choice (“Informed + Choice,” “we,” “our,” or “us”) operates the digital platform currently branded as HealthLink Secure (the “Platform”). The Platform provides (i) a secure conduit—or “pipeline”—for Medicare beneficiaries to transmit their Medicare claims data to authorized parties and (ii) a suite of analytical and workflow tools used by licensed insurance agents, clinicians, pharmacists, accountable-care organizations (ACOs), and other healthcare professionals (“Professional Users”).

1.2

This Disclaimer Policy (the “Policy”) explains the boundaries of the information and functionality offered through the Platform, the limitations of liability that apply to your use of the Platform, and certain regulatory and compliance disclosures. By accessing or using any part of the Platform, you acknowledge that you have read, understood, and agree to the terms of this Policy in addition to our Terms of Service and Privacy Policy.

2. Definitions

2.1 Medicare Beneficiary User

An individual enrolled in Medicare who authorizes the Platform to retrieve and transmit their Medicare data.

2.2 Professional User

A licensed insurance agent, clinician, pharmacist, care-manager, ACO staff member, or other professional authorized to receive Medicare data via the Platform.

2.3 Services

All functionality, content, data feeds, application-programming interfaces (APIs), analytics, AI tools, and other features made available through the Platform.

2.4 PHI

Protected Health Information as defined by the U.S. Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).

2.5 AI Tools

Any artificial-intelligence-powered feature (e.g., chatbots, predictive analytics, automated plan recommendations) offered on the Platform, whether now or in the future.

3. General Disclaimer

3.1 “As-Is” and “As-Available”

The Platform and all Services are provided “as is” and “as available” without warranties of any kind—express or implied—including but not limited to warranties of accuracy, completeness, merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or availability.

3.2 No Guarantee of Results

We do not guarantee that use of the Platform will achieve any particular outcome, financial result, health improvement, compliance status, or other benefit.

3.3 No Endorsement

References to third-party products, services, data sources, APIs, or websites do not constitute or imply endorsement by Informed + Choice.

3.4 Regulatory Independence

Although the Platform uses data provided by the Centers for Medicare & Medicaid Services (CMS) Blue Button 2.0 API and other CMS systems, Informed + Choice is not endorsed by or affiliated with CMS, the U.S. Department of Health & Human Services, or any government agency.

4. No Medical, Legal, Financial, or Compliance Advice

4.1 Informational Purposes Only

All content, analytics, AI outputs, and recommendations provided through the Platform are for informational purposes only.

4.2 Consult Qualified Professionals

Nothing on the Platform constitutes or substitutes for professional advice.

4.2.1

Medical advice, diagnosis, or treatment must come from a licensed healthcare provider.

4.2.2

Legal advice must come from a qualified attorney.

4.2.3

Insurance, compliance, or financial advice must come from appropriately licensed or certified professionals.

4.3 No Provider–Patient Relationship

Use of the Platform does not create a physician–patient or provider–patient relationship between Informed + Choice and any user.

4.4 Regulatory Obligations Remain Yours

Professional Users remain solely responsible for complying with all federal, state, and professional rules that govern their practice, including HIPAA, CMS requirements, state insurance statutes, professional licensing board rules, and anti-kickback laws.

5. Role-Specific Notices

5.1 Notice to Medicare Beneficiary Users

5.1.1 Pipeline Only

Your Medicare claims data flows through our secure conduit to your authorized Professional User(s). Except as required to honor your request or comply with law, we do not store PHI longer than necessary.

You are solely responsible for deciding whether to authorize release of your data. Before consenting, be sure you understand what information will be shared and with whom.

5.1.3 No Endorsement

Informed + Choice does not endorse or guarantee the services of any Professional User. Your relationship with any Professional User is separate from your use of the Platform.

5.2 Notice to Professional Users

5.2.1 HIPAA Covered Entity / Business Associate

By using the Platform, you represent that you are authorized under HIPAA (and, where applicable, state privacy laws) to receive and use PHI for permissible purposes and that you will implement appropriate safeguards to protect all PHI.

5.2.2 Independent Professional Judgment

You agree not to rely solely on Platform outputs to make clinical, insurance, or financial decisions. All such decisions must be based on your independent professional judgment and, where appropriate, direct consultation with the patient or beneficiary.

5.2.3 Compliance With CMS & Other Rules

If you use the Platform in connection with CMS programs (including Scope-of-Appointment workflows, provider quality measures, ACO care analytics), you are responsible for ensuring that your use complies with CMS regulations, sub-regulatory guidance, and applicable plan or ACO contracts.

5.2.4 California AB 3030 (AI Disclosures)

If you are a California provider using Platform AI Tools to communicate with patients, you must include statutorily required disclosures that the content is AI-generated and provide a means for the patient to contact a human provider.

6. HIPAA & CMS Compliance Statement

6.1 HIPAA

We implement administrative, physical, and technical safeguards designed to maintain the confidentiality, integrity, and availability of PHI as required by HIPAA’s Privacy, Security, and Breach Notification Rules.

6.2 CMS Requirements

Our connection to CMS’s Blue Button 2.0 and other Medicare APIs strictly follows CMS security standards, data use agreements, and attribution/branding guidelines.

6.3 Minimum Necessary & Data Minimization

We collect, access, and retain only the minimum data necessary to deliver requested Services, and purge or de-identify PHI once it is no longer necessary.

7. Data Privacy & Security; Pipeline vs. Storage

7.1 Pipeline Model

For most workflows, PHI is retrieved, transmitted, and displayed in real time without permanent storage. Short-term caching or encrypted temporary storage may occur solely to complete your request or comply with legal requirements (including audit logs).

7.2 Retention

Any PHI we do store is retained only as needed for required audit trails or regulatory compliance, if you explicitly request longer retention, or to the extent required by law.

7.3 De-Identification & Encryption

Where feasible, we de-identify data or encrypt it at rest and in transit per industry standards (TLS 1.2+ or successor).

7.4 No Sale of Personal Data

We do not sell or rent personal data. For details, see our Privacy Policy.

8. AI Tools & Automated Recommendations

8.1 Experimental & Informational

AI Tools are experimental features provided on an “as-is” basis for informational use only. They may generate content that is inaccurate, incomplete, or outdated.

8.2 Verification Required

Users must independently verify any AI output before acting upon it. Do not rely on AI suggestions as a sole basis for medical, insurance, legal, or financial decisions.

8.3 No Warranty; Limited Liability

We disclaim all warranties, express or implied, regarding AI Tools and are not liable for any harm arising from their use. By using AI Tools, you assume all risk.

8.4 Transparency

Where legally required or appropriate, we label AI-generated content and provide a means to request human review.

9. Third-Party Data, Links, and Integrations

9.1 Accuracy of Third-Party Data

The Platform may display or rely on data from third-party sources (including CMS databases, state Medicaid files, and drug-interaction APIs). We do not verify or guarantee the accuracy, timeliness, or completeness of such external data.

9.2 External Links

Links to third-party sites or services are provided for convenience. We are not responsible for the content or availability of external sites and your use of them is at your own risk.

9.3 Service Interruptions

We are not liable for delays or failures caused by third-party system outages, maintenance, or data feed interruptions.

10. Limitation of Liability & Indemnification

10.1 Limitation of Liability

To the maximum extent permitted by law, Informed + Choice and its affiliates, directors, officers, employees, agents, licensors, and suppliers shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including loss of profits, revenues, data, or goodwill) arising out of or relating to your access to or use of, or your inability to access or use, the Platform or any Services—whether based on warranty, contract, tort (including negligence), statute, or any other legal theory—even if we have been advised of the possibility of such damages. In no event shall our aggregate liability exceed one hundred U.S. dollars (US $100).

10.2 Indemnification

You agree to indemnify, defend, and hold harmless Informed + Choice and its affiliates from and against any claims, liabilities, damages, losses, and expenses—including reasonable attorneys’ fees and costs—arising out of or related to your violation of this Policy or any applicable law or regulation, your misuse of the Platform, or your infringement of any intellectual-property or privacy rights.

11. California & Other State-Specific Disclosures

11.1 CCPA/CPRA

While PHI governed by HIPAA is generally exempt from the CCPA, we extend the following rights to California residents for non-HIPAA personal information: right to know/access, right to delete, right to correct, right to opt out of “sale” or “sharing,” and right to limit use of sensitive personal information. See our California Privacy Notice for details.

11.2 California AB 3030 (Generative AI in Healthcare)

Professional Users who are healthcare providers in California must ensure that any AI-generated patient communication includes the disclosures and human-contact information required by AB 3030.

11.3 Other Laws

We comply with other applicable federal and state health-information laws (including CMIA and 42 CFR Part 2) where they apply.

12. Modifications to This Policy

12.1

We may revise this Policy from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Policy on the Platform or emailing account holders). Your continued use of the Platform after any update constitutes acceptance of the revised Policy.

13. Contact Us

13.1 Informed + Choice

13.2 Attn: Compliance & Privacy Office

13.3 1034 North Madison Avenue, Pasadena, CA 91104

13.4 Email: [email protected]

13.5

Legal Contact — Lyndsy Rodgers
Email: [email protected]
Address: 1034 N. Madison Ave, Pasadena, CA 91104