Privacy & Terms
- TELEHEALTH AND BILLING CONSENT
- NOTICE OF PRIVACY PRACTICES
- PRIVACY POLICY
- TERMS OF USE
- LEGAL & DISCLOSURES
Effective Upon Access and Participation
By clicking this link, accessing this page, or taking part in the Services, you acknowledge and agree that this document is a legally binding informed consent, billing authorization, and assignment of benefits, even though you are not physically or electronically signing it.
If you do not agree, do not proceed with the Encounter.
1. Definitions and Entity Disclosure
For purposes of this document:
“MD Ally” means the treating provider entity responsible for your care: MD Ally Services, P.A. (Florida, Colorado, and Arizona) or MD Ally Services, P.C. (California). Each is a HIPAA Covered Entity.
“Services” means the medical, clinical, and care coordination services MD Ally provides to you, including evaluation, assessment, treatment, referral, follow-up, and the related administrative and billing activities. MD Ally delivers the Services remotely, using telecommunications technology such as live video, audio, telephone, and secure messaging, rather than in person.
“Encounter” means any interaction in which MD Ally provides the Services to you.
“Applicable Law” means the federal, state, and local laws and regulations that apply to the Services, including the law of the state where you are located at the time of the Encounter.
“Public Safety Partner” means the 911 center, public safety answering point, EMS agency, fire department, law enforcement agency, or other public agency that connects you to MD Ally or that responds to your call for help.
MD Ally Technologies, Inc. is a management services organization. It provides administrative, technology, and operational support to MD Ally. It does not provide medical care and does not bill for clinical services.
2. How MD Ally Delivers Care
You understand that MD Ally delivers the Services remotely and that remote care has limits. A provider cannot physically examine you, cannot perform in-person testing, and has a limited ability to respond to an emergency. Choosing the Services may increase the time before you receive an in-person evaluation or treatment.
Roles of MD Ally and Public Safety Partners
A Public Safety Partner may connect you to MD Ally after you call 911 or otherwise contact it for help. The Public Safety Partner does not provide medical care, does not diagnose or treat you, and is not responsible for the clinical decisions your provider makes. MD Ally providers alone are responsible for the clinical care they provide.
Being connected to MD Ally is voluntary. You may decline and ask the Public Safety Partner to send an ambulance or other emergency response instead, and you may call 911 again at any time.
3. Acknowledgment of Risk and Care Options
You acknowledge that you may have a serious injury or illness that could get worse without in-person or emergency medical attention, even if you feel fine right now.
You understand the risks, benefits, and alternatives of the care options available to you, including ambulance transport and evaluation at an emergency department, hospital, or other healthcare facility. You acknowledge that in-person and emergency care are available to you and that you are choosing the Services voluntarily.
4. No Guarantee of Results
MD Ally and its providers do not guarantee any diagnosis, treatment plan, outcome, or medical result from the Services.
5. Consent to the Services and to Other Participants
By proceeding, you consent to:
- Receiving the Services from MD Ally Services, P.A. or MD Ally Services, P.C., as applicable;
- The presence and participation of clinical and support personnel during the Encounter, including specialists, nurses, community paramedics, pharmacists, interpreters, and support staff;
- MD Ally obtaining, using, storing, and disclosing information about you, including clinical assessments, encounter documentation, bio-physiological data, images, video, audio, text messages, and other digital data, as Applicable Law permits; and
- Follow-up contact from MD Ally for care coordination, education, quality, or satisfaction purposes.
Some of the people who take part in the Encounter help with coordination or support and are not your treating clinician. Your provider will tell you who is taking part if you ask.
After the Encounter, other people or organizations may be involved in coordinating your care. We will ask for your approval before involving them, and you may decline or withdraw your approval at any time.
6. Withdrawing Your Consent
You may withdraw your consent to the Services at any time and for any reason. Withdrawing consent does not affect your right to seek other care, and it does not cancel your responsibility for Services already provided or the assignment of benefits for those Services. To withdraw consent, tell your provider during the Encounter or contact MD Ally at admin@mdally.com.
7. Assumption of Risk
You knowingly and voluntarily assume the risks of receiving care remotely, including the limits of a remote assessment, delays in diagnosis or treatment, technology failures and interruptions, unauthorized access to transmitted information, and the possible need to escalate to in-person or emergency care.
8. Limitation of Liability
To the fullest extent Applicable Law permits, MD Ally, its providers, medical command physicians, medical command facilities, and third-party participants are not liable for:
- Your decisions, including a refusal or delay of recommended in-person or emergency care;
- Inaccurate, incomplete, or omitted information you provide;
- Limits inherent in delivering care remotely; and
- The use, failure, or unavailability of the technology used to deliver the Services.
Cap on Non-Malpractice Claims
This cap applies only to claims that are not claims of professional negligence, medical malpractice, or personal injury. For those other claims, to the fullest extent Applicable Law permits, the total combined liability of MD Ally and MD Ally Technologies, Inc. to you, across all such claims, is limited to the greater of:
- The amounts you or your payer actually paid for the Services in the 12 months before the claim arose; or
- One thousand dollars ($1,000).
To the fullest extent Applicable Law permits, neither MD Ally nor MD Ally Technologies, Inc. is liable to you for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits or lost data, on any claim covered by this cap.
What This Cap Does Not Cover
This cap does not apply to:
- Any claim of professional negligence, medical malpractice, or personal injury arising from the Services;
- Gross negligence or willful misconduct; or
- Any liability that Applicable Law does not allow MD Ally to limit.
Nothing in this section limits or waives any right you have under medical malpractice or professional liability law, and nothing in this section releases MD Ally or its providers from liability for professional negligence.
MD Ally Technologies, Inc. and each Public Safety Partner are intended third-party beneficiaries of this section and may enforce it directly.
Nothing in this document waives, limits, or affects any sovereign, governmental, statutory, or other immunity available to a Public Safety Partner, and nothing in this document creates any right of action against a Public Safety Partner.
This section survives the end of the Encounter.
9. Scope of Care, Recommendations, and Your Decisions
A Single Episode of Care
Each Encounter is a single, limited episode of care. Your provider evaluates what you present with during that Encounter, using the information available at the time.
MD Ally and its providers are not your primary care provider and are not your medical home. They do not take responsibility for your ongoing care, your long-term treatment plan, or the management of any chronic condition. Receiving the Services does not create a continuing provider-patient relationship beyond the Encounter and does not replace a relationship with a primary care provider.
Following Up With Your Own Doctor
You are responsible for arranging follow-up care. Contact your primary care provider about anything discussed during the Encounter, and establish care with one if you do not have a primary care provider. Conditions evaluated remotely often need in-person follow-up, and some need it even when you feel better.
If you want your visit information sent to your own provider, tell us and we will send it where Applicable Law permits.
Recommendations and Your Decisions
Your provider may recommend a course of action, including medication, self-care, testing, follow-up, an in-person visit, ambulance transport, or evaluation at an emergency department. A recommendation is advice. It is not a decision made for you.
You decide whether to follow any recommendation, and you are responsible for that decision and for what follows from it, including any harm that results from declining a recommendation, delaying it, or following only part of it. If you do not understand a recommendation, ask your provider to explain it before the Encounter ends.
After the Encounter Ends
MD Ally does not monitor you after an Encounter ends. No one is watching your condition, and no one will contact you if it gets worse. If your symptoms change, get worse, or do not improve, seek care.
Escalation and Emergency Care
Your provider may recommend escalating your care at any time, and may contact emergency services if necessary for your safety. You may seek in-person or emergency medical care at any time before, during, or after an Encounter. Receiving the Services does not limit or delay that right.
The Services are not emergency care. Call 911 in an emergency.
10. Privacy, Records, and Recording
You acknowledge receipt of MD Ally’s Notice of Privacy Practices, available at [URL]. You consent to the use and disclosure of your health information for treatment, payment, and healthcare operations, and as Applicable Law otherwise permits.
Recording
You consent to audio and video recording of the Encounter by MD Ally and its providers.
MD Ally makes these recordings for quality assurance, training, and safety review. They are not part of your medical record and are not used to document your care. Your provider documents your care separately in your medical record.
MD Ally stores recordings securely, limits access to authorized personnel, and keeps them under its retention schedule. Recordings are not provided to patients. MD Ally uses and discloses them only for quality assurance, training, safety and compliance review, and where Applicable Law requires.
Your provider will tell you at the start of the Encounter if it is being recorded. If you do not want to be recorded, tell your provider before the Encounter begins.
If a 911 center, EMS agency, or other public safety agency transfers you to MD Ally, that agency may separately record the call under its own policies and Applicable Law.
You may request access to your medical record as Applicable Law provides.
11. Billing Authorization and Assignment of Benefits
Assignment of Benefits
To the extent Applicable Law permits, you assign to MD Ally all rights to insurance or healthcare benefits payable for Services actually provided to you by the treating provider, including Medicare, Medicaid, commercial insurance, managed care plans, and other payers.
This assignment:
- Authorizes payers to pay MD Ally directly;
- Applies to Services actually provided to you in this Encounter and in any later Encounter;
- Does not apply to services provided before you agreed to this document; and
- Stays in effect until you revoke it in writing. Revocation applies going forward and does not affect Services already provided.
If a payer pays you directly for the Services, you agree to send that payment to MD Ally promptly.
Authorization to Bill, Appeal, and Release Information
You authorize MD Ally to submit claims, pursue appeals and grievances on your behalf, and obtain, use, and disclose medical, billing, and insurance information as needed for treatment, payment, healthcare operations, and care coordination, as Applicable Law permits.
You authorize healthcare providers, insurers, government agencies, and others to release that information to MD Ally and its billing agents.
Financial Responsibility
You understand and agree that:
- Insurance may pay less than the billed amount or deny coverage;
- You are responsible for amounts insurance does not pay, including copayments, coinsurance, deductibles, and non-covered services;
- Coverage for remotely delivered care varies by plan, and you are responsible for understanding your plan; and
- MD Ally may bill you directly for outstanding balances that Applicable Law permits it to bill.
If your plan requires a referral or prior authorization, you are responsible for obtaining it.
Collections
To the extent Applicable Law permits, if MD Ally has to pursue collection, you agree to pay reasonable collection costs, including attorneys’ fees.
12. State-Specific Disclosures
You confirm that you are physically located in a state where the treating provider is licensed or authorized at the time the Services are provided.
California
Your provider has informed you about the remote delivery of care, and you give verbal or written consent to that mode of care, which your provider documents in your medical record (Cal. Bus. & Prof. Code § 2290.5). You keep the right to receive in-person care during the same course of treatment, the right to access your medical records, and the right to withdraw consent at any time. California requires the consent of all parties to record a confidential communication, and your consent in Section 10 applies.
Florida
The Services are not emergency care. Your provider documents the Services in your medical record under the same standard used for in-person care (Fla. Stat. § 456.47). You may withdraw consent at any time. Florida requires the consent of all parties to record a communication, and your consent in Section 10 applies.
Colorado
The Services are held to the same standard of care, professional practice standards, and confidentiality requirements that apply to in-person care in Colorado (C.R.S. § 12-30-124). Your provider documents your consent in your medical record.
Arizona
Your provider obtains your verbal or written informed consent before delivering the Services and documents verbal consent in your medical record (A.R.S. § 36-3602). You acknowledge the limits of remote care and the alternatives available to you.
13. Additional Terms
You acknowledge and agree that:
- Your provider may be in a different physical location than you;
- You are responsible for giving accurate and complete health information;
- You are responsible for non-covered charges and for your own internet, data, and phone costs;
- The Services are not emergency care, and you must call 911 in an emergency;
- Either you or your provider may end an Encounter if remote care is not clinically appropriate;
- MD Ally does not monitor you continuously after an Encounter ends; and
- Your provider may contact emergency services if necessary for your safety.
14. Dispute Resolution and Arbitration
Read this section carefully. It affects how disputes between you and MD Ally are resolved.
What this section covers
You and MD Ally agree to resolve any dispute arising out of or relating to this document, its billing and assignment provisions, or your use of MD Ally’s technology through binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules.
What this section does not cover
This section does not apply to any claim of professional negligence, medical malpractice, or personal injury arising from the Services. Those claims proceed as Applicable Law provides. Either party may also bring a qualifying claim in small claims court.
Class action waiver
You and MD Ally each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims. If a court finds this waiver unenforceable, this entire Section 14 is void.
Your right to opt out
You may opt out of this section by sending written notice to admin@mdally.com within 30 days of your first Encounter. Include your name, the date of the Encounter, and a statement that you are opting out. Opting out does not affect any other part of this document or your right to receive the Services.
Who May Enforce This Section
MD Ally Technologies, Inc. and each Public Safety Partner are intended third-party beneficiaries of this section and may enforce it directly, including by requiring arbitration of a claim you bring against them arising out of or relating to the Services.
15. Legal Effect, Governing Law, and Severability
You represent that you are at least 18 years old, or that you are a parent, guardian, or authorized representative agreeing on behalf of the patient. If you are agreeing on behalf of someone else, you represent that you have the legal authority to do so.
The law of the state in which the treating provider is licensed and in which you were located during the Encounter governs this document. If any provision is unenforceable, the rest stays in effect.
16. Changes to This Document
MD Ally may update this document. The version in effect at the time of your Encounter applies to that Encounter. The version number and effective date appear at the top of this page.
Questions about this document: admin@mdally.com.
Who This Notice Covers
This Notice is provided by MD Ally Services, P.A. and MD Ally Services, P.C. Each is a separate HIPAA Covered Entity and is separately responsible for its own compliance with this Notice. Each follows the same privacy practices, which is why they are described in one document.
- MD Ally Services, P.A. provides care to patients located in Florida, Colorado, and Arizona.
- MD Ally Services, P.C. provides care to patients located in California.
Throughout this Notice, “we,” “us,” and “our” mean the entity that treated you. “Health information” means protected health information, which is information about your health, your care, or payment for your care that identifies you.
MD Ally Technologies, Inc. provides management, administrative, and technology support to us. It is not a Covered Entity and does not provide medical care. Where it handles health information, it does so as our business associate under a written agreement that requires it to protect your information.
Our workforce members, contracted clinicians, and business associates are all bound by these practices.
The Care We Provide and the Records We Keep
We provide episodic care. In most cases a 911 center, EMS agency, or other public safety partner connects you to one of our providers, who evaluates what you present with at that time. We are not your primary care provider and we do not manage your ongoing care.
This shapes the records we hold. Our records cover the visits you had with us. They are not a complete medical history, and we may not hold records from your other providers. When you request your records from us, you receive what we hold, not your full history.
Ask us and we will send information from your visit to your primary care provider or another provider you name, where Applicable Law permits.
Our Legal Duties
The law requires us to:
- Keep your health information private and secure;
- Give you this Notice explaining our legal duties and privacy practices;
- Follow the terms of the Notice currently in effect; and
- Tell you if a breach affects the privacy or security of your health information.
How We Use and Disclose Your Health Information
We may use and disclose your health information for the following purposes without your written authorization.
Treatment
We use your information to provide and coordinate your care. For example, a physician treating you after a 911 call may review the information the dispatcher or paramedic collected, and may send your visit notes to your primary care provider or to a specialist we refer you to.
Payment
We use your information to bill and collect for your care. For example, we send your diagnosis and the services provided to your health plan so it can pay the claim, and we may contact your plan to confirm your coverage before or after your visit.
Healthcare Operations
We use your information to run our practice and improve care. For example, we review encounter records and recordings of visits to evaluate the quality of care our clinicians provide, to train staff, and to plan services. We may also use it for licensing, accreditation, audits, and legal and compliance activities.
Family and Friends You Involve in Your Care
If you identify a family member, friend, or other person as involved in your care, we may share with that person the information directly relevant to their involvement. We ask for your agreement before we do. You may change or withdraw that at any time by telling your provider or our Privacy Officer.
Public Safety Agencies
A 911 center, EMS agency, or other public safety agency may give us information about you when it connects you to one of our providers. That does not entitle the agency to receive your health information from us in return.
We disclose your health information to a public safety agency only where HIPAA and applicable state law permit or require it. The most common example is a disclosure to EMS clinicians who are treating you, which HIPAA permits as a treatment disclosure. We do not send your health information to a dispatcher, a call center, or an agency’s administrative staff for any purpose that HIPAA does not permit.
Other Uses and Disclosures Permitted or Required by Law
We may use or disclose your health information without your authorization in these situations, subject to the limits the law places on each:
- When required by federal, state, or local law;
- For public health activities, including reporting disease, injury, vital events, and adverse events;
- To report suspected abuse, neglect, or domestic violence to an agency authorized to receive it;
- For health oversight activities such as audits, investigations, inspections, and licensure;
- In response to a court or administrative order, subpoena, discovery request, or other lawful process;
- For law enforcement purposes permitted by law;
- To coroners, medical examiners, and funeral directors;
- For organ, eye, or tissue donation;
- For research, when an institutional review board or privacy board has approved the use and applied privacy protections;
- To prevent or lessen a serious and imminent threat to the health or safety of you or another person;
- For specialized government functions, including military, national security, and correctional purposes; and
- For workers’ compensation as authorized by law.
Where state law protects your information more strictly than HIPAA, we follow the stricter rule. California patients receive additional protections under the Confidentiality of Medical Information Act.
Uses and Disclosures That Require Your Written Authorization
We will obtain your written authorization before:
- Using or disclosing your information for marketing, other than as HIPAA specifically allows;
- Selling your health information;
- Using or disclosing psychotherapy notes, other than as HIPAA specifically allows; and
- Any other use or disclosure not described in this Notice.
You may revoke an authorization at any time by writing to our Privacy Officer. Revoking it stops future uses and disclosures under that authorization but does not undo anything we already did while it was in effect.
Reproductive Health Information
In June 2025, a federal court vacated the 2024 federal rule that restricted disclosures of reproductive health information nationwide, including its attestation requirement. That rule no longer applies.
As a matter of our own policy, we do not use or disclose your health information to investigate or impose liability on you, on any person who assisted you, or on any provider, for seeking, obtaining, providing, or facilitating lawful reproductive health care. We follow any state law that protects this information more strictly, and we require a valid legal process before disclosing it.
Substance Use Disorder Treatment Records
If we receive records protected by the federal substance use disorder confidentiality regulations at 42 CFR Part 2, we protect them under those rules as well as HIPAA. Part 2 records generally may not be redisclosed without your written consent, and they may not be used against you in a criminal investigation or proceeding without a court order. You may revoke a Part 2 consent, and you may request a list of disclosures we made under a Part 2 consent in the prior three years.
Your Rights
You have the following rights regarding your health information. To exercise any of them, contact our Privacy Officer using the information at the end of this Notice.
Get a Copy of Your Records
You may inspect and get a copy of your medical and billing records, including an electronic copy if we hold them electronically. We will respond within 30 days. If we need more time, we may extend once by up to 30 days and will tell you in writing why. We may charge a reasonable, cost-based fee. We may deny access in limited circumstances, and where the law allows, you may ask for that denial to be reviewed.
Recordings we make of visits are used only for quality assurance, training, and safety review. They are not part of the record set we use to make decisions about your care, they are not used to document your care, and they are not included in a records request.
Ask Us to Correct Your Records
You may ask us to amend information you believe is incorrect or incomplete. We will respond within 60 days, and may extend once by up to 30 days if we tell you in writing why. If we deny the request, we will explain why in writing and you may submit a statement of disagreement that we will include with your records.
Ask Us to Limit What We Use or Share
You may ask us to restrict how we use or disclose your information for treatment, payment, or healthcare operations. We are not required to agree to most restrictions.
One restriction we must honor: if you pay for a service in full, out of pocket, and ask us not to share information about that service with your health plan, we will not share it, unless the law requires us to.
Ask Us to Contact You a Certain Way
You may ask us to contact you at a specific phone number or address, or by a specific method. We will accommodate reasonable requests. We will not ask you why.
Get a List of Disclosures
You may request an accounting of certain disclosures we made in the six years before your request. The list will not include disclosures for treatment, payment, or healthcare operations, disclosures you authorized, and certain others the law excludes. One list per 12 months is free.
Get a Paper Copy of This Notice
You may ask for a paper copy at any time, even if you agreed to receive this Notice electronically. We will give you one promptly.
Choose Someone to Act for You
If you have given someone medical power of attorney, or if someone is your legal guardian, that person may exercise these rights and make choices about your information. We will verify their authority before acting.
Be Notified of a Breach
We will notify you as the law requires if a breach affects the privacy or security of your unsecured health information.
File a Complaint
You may complain to us or to the federal government if you believe your privacy rights were violated. We will not retaliate against you, and filing a complaint will not affect your care.
How We Communicate With You
We may contact you by phone, text message, email, or mail about your care, follow-up, care coordination, and billing. Standard message and data rates may apply. You may reply STOP to any text message to stop receiving them, or ask us to change how we contact you at any time.
We do not use your health information for fundraising.
How to File a Complaint
With MD Ally
Contact our Privacy Officer using the information below. We will look into your concern and respond.
With the Federal Government
You may file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights:
- Mail: Office for Civil Rights, U.S. Department of Health and Human Services, 200 Independence Avenue SW, Room 509F, HHH Building, Washington, D.C. 20201
- Phone: 1-800-368-1019, or TDD 1-800-537-7697
- Email: OCRPrivacy@hhs.gov
- Online: ocrportal.hhs.gov
You will not be penalized or retaliated against for filing a complaint with us or with the Office for Civil Rights.
Nondiscrimination and Language Assistance
We comply with applicable federal civil rights laws and do not discriminate on the basis of race, color, national origin, age, disability, or sex. We do not exclude people or treat them differently for any of those reasons.
We provide free aids and services to people with disabilities to help them communicate with us, including qualified interpreters and information in other formats. We provide free language services to people whose primary language is not English, including qualified interpreters and information written in other languages. Ask your provider or contact our Privacy Officer to request either.
If you believe we failed to provide these services or discriminated against you, you may file a grievance with our Privacy Officer using the contact information below, or file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, using the contact information in the previous section.
[TAGLINES: this notice must also appear in the fifteen languages most commonly spoken by individuals with limited English proficiency across Florida, Colorado, Arizona, and California. HHS publishes the list for each state. Insert the combined set here before publishing.]
Changes to This Notice
We may change this Notice at any time. A changed Notice applies to information we already hold as well as to information we create or receive after the change. When we make a material change, we will post the current Notice at [URL], make copies available on request, and note the new effective date at the top of this page.
Contact Us
Privacy Officer
MD Ally Services, P.A. and MD Ally Services, P.C.
348 West 57th Street, Suite 180, New York, NY 10019
Email: admin@mdally.com
1. Who We Are and What This Policy Covers
This Privacy Policy describes how MD Ally Technologies, Inc., a Delaware corporation (the “MSO,” “we,” “us,” or “our”), collects, uses, and discloses information through the websites, applications, and online services that link to this Policy, including www.mdally.com and allynet.mdally.com (together, the “Platform”).
The MSO is a management services organization. It does not provide medical care, does not employ treating clinicians, and does not bill for clinical services. It operates remotely and keeps an administrative office in New York for business and notice purposes only.
Medical care is provided solely by:
- MD Ally Services, P.A., a professional association serving patients in Florida, Colorado, and Arizona; and
- MD Ally Services, P.C., a professional corporation serving patients in California.
Each is a separate HIPAA Covered Entity (together, the “Practices”). Where protected health information is involved, HIPAA, applicable state law, and the Practices’ Notice of Privacy Practices govern its use and disclosure. If this Policy and that Notice conflict, the Notice controls for protected health information.
Where the MSO handles protected health information on behalf of a Practice, it does so as a business associate under a written agreement.
2. Two Parts of the Platform
Marketing Sites
Our marketing sites, including www.mdally.com, are informational and business-facing. They do not provide medical care and do not create a provider-patient relationship. Do not submit medical or clinical information through them.
AllyNet
AllyNet, at allynet.mdally.com, supports telehealth operations and healthcare workflows for authorized users. It may collect, store, and process protected health information on behalf of the Practices. Access requires an account and is governed by the Terms of Use and any applicable partner agreement.
3. Notice at Collection
This section describes the categories of personal information we collect through the Platform, why we collect it, who we share it with, and how long we keep it.
| Category | Why We Collect It | How Long We Keep It |
| Identifiers: name, email, phone, postal address, IP address | Respond to inquiries, provide the Platform, secure our systems | Marketing inquiries: [X] years from last contact. Account records: term of the account plus [X] years |
| Professional information: organization, job title, business contact details | Evaluate and support partner relationships | [X] years from last contact |
| Account and authentication data | Provide AllyNet access, maintain security | Term of the account plus [X] years |
| Internet activity: pages viewed, referring site, device and browser data | Operate and improve the marketing sites, detect security threats | [X] months |
| Audit logs and security metadata | Meet audit, security, and compliance obligations | [X] years |
| Content authorized users enter into AllyNet, which may include protected health information | Support the Practices’ care, operations, and billing | As the applicable business associate agreement and record retention requirements provide |
We collect this information directly from you, automatically as you use the Platform, and from our partner organizations and service providers. We do not collect sensitive personal information for the purpose of inferring characteristics about you.
We do not sell personal information, and we do not share personal information for cross-context behavioral advertising.
4. How We Use Information
- Operate, secure, and improve the Platform;
- Respond to inquiries and communicate about MD Ally;
- Provide and support AllyNet for authorized users;
- Support the Practices’ care, operations, and billing, as our business associate agreements permit; and
- Meet legal, audit, security, and compliance obligations.
5. How We Share Information
- With service providers that host, secure, analyze, or support the Platform, under contracts that limit their use of the information;
- With the Practices, and with healthcare partners and payers, as law permits;
- With a public safety agency, where it is a party to the relevant workflow and the disclosure is permitted;
- To comply with law or lawful process, or to protect safety;
- In connection with a merger, acquisition, financing, or sale of assets; and
- In de-identified or aggregated form, where our business associate agreements permit us to create it.
Protected health information is shared only as HIPAA, applicable state law, and our business associate agreements permit.
6. Cookies and Tracking
We use cookies and similar technologies on our marketing sites. Our Cookie and Tracking Notice, in the Legal & Disclosures section, describes what we use and how to control it. Where California law requires it, we present a consent choice before setting non-essential technologies.
7. Your Choices and Rights
If You Are a Patient
Your rights in your health information come from HIPAA and state law, and the Notice of Privacy Practices describes them. This Policy does not limit those rights.
If You Are a Site Visitor or Platform User
Depending on where you live, you may have the right to know what personal information we hold about you, to get a copy of it, to correct it, to delete it, to opt out of sale or targeted advertising, and to be free from discrimination for exercising these rights. California, Colorado, and a growing number of other states provide rights of this kind.
To make a request, email admin@mdally.com. We will verify your identity before responding. An authorized agent may make a request on your behalf with proof of authority. If we deny a request, you may appeal by replying to our decision, and we will respond to the appeal as applicable law requires.
8. Data Security
We use administrative, technical, and physical safeguards appropriate to the information we process, including access controls, encryption in transit, logging, and workforce training. No system is perfectly secure, and we cannot guarantee the security of information you send us over the internet.
9. Retention
We keep personal information for the periods described in Section 3, or longer where law, a contract, a records retention requirement, or a legal hold requires it. When we no longer need information, we delete it or de-identify it.
10. Children
The Platform is not directed to children under 13, and we do not knowingly collect personal information from them through it. Care provided to a minor patient is governed by the Consent to Care and the Notice of Privacy Practices, not by this Policy.
11. Changes to This Policy
We may update this Policy. When we make a material change, we will post the updated Policy with a new effective date and, where practical, give notice before it takes effect. The version in effect when you use the Platform applies to that use.
12. Contact
MD Ally Technologies, Inc., 348 West 57th Street, Suite 180, New York, NY 10019
Email: admin@mdally.com
1. Who These Terms Cover
These Terms of Use govern access to and use of the websites, applications, and online services operated by MD Ally Technologies, Inc., a Delaware corporation (the “MSO,” “we,” “us,” or “our”), including www.mdally.com and allynet.mdally.com (together, the “Platform”). By accessing or using the Platform, you agree to these Terms.
The MSO is a management services organization. It does not provide medical care or clinical services.
Medical care is provided solely by MD Ally Services, P.A. (Florida, Colorado, Arizona) and MD Ally Services, P.C. (California), each a HIPAA Covered Entity (together, the “Practices”).
“Partner” means an organization authorized to use AllyNet under an agreement with the MSO, including a 911 center, public safety answering point, EMS agency, fire department, law enforcement agency, health system, or health plan. “Public Safety Partner” means a Partner that is a governmental entity or that performs a governmental emergency response function.
These Terms do not govern the care patients receive. That care is governed by the Consent to Care, the Notice of Privacy Practices, and applicable healthcare law. If these Terms and those documents conflict, those documents control.
2. What the Platform Is and Is Not
AllyNet is a technology tool. It records, routes, displays, and stores information so that people can do their jobs. It does not practice medicine and it does not perform any governmental function.
AllyNet does not:
- Triage callers or assign acuity;
- Decide whether to dispatch an ambulance or any other emergency resource;
- Diagnose, treat, or make any clinical decision; or
- Replace the professional judgment of a clinician, a dispatcher, or a medical director.
Every clinical decision is made by a licensed clinician of a Practice. Every dispatch and emergency response decision is made by the responsible Public Safety Partner under its own protocols and medical direction.
Marketing sites are informational only. They do not provide medical advice and do not create a provider-patient relationship. Do not submit medical information through them.
3. Roles and Responsibilities
Each party keeps its own role, and no part of these Terms transfers one party’s responsibilities to another.
The Partner
A Partner remains solely responsible for its own operations, including its dispatch and response protocols, its medical direction, its staffing and training, its licensure and certification, its recordkeeping, and its compliance with the laws that govern it. A Public Safety Partner remains solely responsible for its emergency response decisions.
The Practices
The Practices and their licensed clinicians are solely responsible for the clinical care they provide, including evaluation, diagnosis, treatment, and clinical documentation.
The MSO
The MSO is responsible for providing and supporting the Platform. It is not responsible for clinical care, for emergency response decisions, or for a Partner’s compliance with the laws that govern the Partner.
4. Eligibility and Authority
- You are at least 18 years old;
- You have authority to accept these Terms for yourself and for any organization you represent; and
- If you use AllyNet, you are authorized to do so by a Partner.
5. Accounts and Security
You are responsible for keeping your account information accurate, protecting your credentials, and following the security requirements that apply to your access. Tell us promptly if you believe an account has been compromised. We may suspend or restrict access to protect security, privacy, or compliance.
6. License and Restrictions
Subject to these Terms and any applicable agreement, the MSO grants an authorized Partner a limited, non-exclusive, non-transferable, non-sublicensable license to use AllyNet for its internal business purposes for the term of that agreement.
You may not sell, sublicense, or transfer the Platform; permit unauthorized access; reverse engineer, decompile, or modify it; use it for the benefit of a third party without our written permission; or use it to build a competing product.
7. Data, PHI, and Business Associate Agreements
Protected health information may be submitted only through AllyNet, by authorized users. Do not submit protected health information through marketing sites, email, or any channel not approved for it.
A Partner keeps ownership of the data it submits. The Partner grants the MSO the rights needed to operate and support the Platform.
Where the MSO handles protected health information, it does so as a business associate. Any right to use, disclose, aggregate, or de-identify that information exists only to the extent the applicable business associate agreement grants it. If these Terms and a business associate agreement conflict, the business associate agreement controls.
8. Acceptable Use
- Do not violate law or the rights of others;
- Do not upload malicious code or attempt unauthorized access;
- Do not misuse or improperly disclose protected health information; and
- Do not interfere with the operation or security of the Platform.
9. Intellectual Property
The MSO or its licensors own all intellectual property in the Platform. No rights are granted except those stated in these Terms.
10. Disclaimers
To the fullest extent applicable law permits, the marketing sites are provided as is and without warranty of any kind. AllyNet is provided as is except as an applicable written agreement expressly states otherwise.
We do not warrant that the Platform will be uninterrupted, timely, secure, or error free. Emergency response and clinical care must never depend solely on the availability of the Platform, and each Partner is responsible for maintaining downtime procedures.
11. Limitation of Liability
To the fullest extent applicable law permits, neither the MSO nor the Practices are liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data.
For claims relating to the marketing sites, the MSO’s total liability is limited to the greater of the amounts you paid us in the 12 months before the claim arose, or one thousand dollars ($1,000).
For claims relating to AllyNet, liability is governed by the applicable written agreement between the MSO and the Partner. If no agreement addresses it, the limit in the preceding paragraph applies.
This section does not apply to any claim of professional negligence, medical malpractice, or personal injury arising from care provided by a Practice, to gross negligence or willful misconduct, or to any liability applicable law does not allow us to limit.
The Practices and each Public Safety Partner are intended third-party beneficiaries of this section and may enforce it directly.
12. Indemnification
If you are a Partner or an individual user of the Platform, you agree to defend, indemnify, and hold harmless the MSO and the Practices from third-party claims arising out of your misuse of the Platform, your submission of protected health information through a channel not approved for it, or your violation of law or of these Terms.
This section does not apply to patients receiving care from the Practices.
Government entities. If you are a governmental entity, this section applies only to the extent the law governing you permits, and nothing in this section requires you to indemnify anyone beyond that limit.
13. Public Safety Partners, Immunity, and Public Records
Nothing in these Terms waives, limits, or affects any sovereign, governmental, statutory, or other immunity, defense, or limitation of liability available to a Public Safety Partner, and nothing in these Terms creates any right of action against a Public Safety Partner by a patient or any other third party.
A Public Safety Partner remains the custodian of its own records, including its call recordings and dispatch records, and remains solely responsible for responding to public records requests directed to it. The MSO is not a records custodian for any Public Safety Partner and does not respond to public records requests on its behalf. Where a Public Safety Partner is subject to a public records or open records law, it is responsible for determining what its law requires it to release and what its law exempts.
The MSO will cooperate with a Public Safety Partner’s reasonable requests for information needed to respond to a records request or a legal process directed at that Partner, subject to HIPAA, applicable business associate agreements, and applicable law.
14. Termination
We may suspend or terminate access for a violation of these Terms, a security risk, or the end of an underlying agreement. Sections 7, 9, 10, 11, 12, 13, 15, 16, and 17 survive termination.
15. Dispute Resolution
Disputes relating to the marketing sites are resolved by binding individual arbitration, with a class action waiver, on the same terms described in the Consent to Care.
Disputes relating to AllyNet are resolved as the applicable written agreement between the MSO and the Partner provides.
Disputes relating to a patient’s care, billing, or health information are governed by the Consent to Care, the Notice of Privacy Practices, and applicable healthcare law, not by this section.
This section does not apply to a governmental entity to the extent the law governing it prohibits agreements to arbitrate.
16. Governing Law
These Terms are governed by the law of the State of New York, without regard to its conflict of laws rules, except that a dispute involving a governmental entity is governed by the law of the state in which that entity sits, and a dispute involving a patient’s care is governed by the law of the state in which the treating provider is licensed and in which the patient was located.
17. Changes to These Terms
We may update these Terms. When we make a material change, we will post the updated Terms with a new effective date and, where practical, give notice before the change takes effect. The version in effect when you use the Platform applies to that use.
18. Severability and Contact
If any provision is unenforceable, the rest stays in effect.
MD Ally Technologies, Inc., 348 West 57th Street, Suite 180, New York, NY 10019
Email: admin@mdally.com
This page provides legal, privacy, accessibility, and patient information related to MD Ally’s websites and services.
Roles of MD Ally and Public Safety Partners
MD Ally works with 911 centers, EMS agencies, fire departments, and other public agencies. Each organization has a distinct role, and it helps to be clear about which is which.
- The public safety agency answers the call, follows its own protocols and medical direction, and decides what emergency response to send. It does not provide medical care through MD Ally and does not make clinical decisions.
- MD Ally Services, P.A. and MD Ally Services, P.C. provide the medical care. Their licensed clinicians are responsible for the clinical decisions they make.
- MD Ally Technologies, Inc. provides the technology and administrative support. It does not provide medical care and does not make dispatch or clinical decisions.
Accepting a connection to an MD Ally clinician is voluntary. A caller may decline and ask for an ambulance or other emergency response instead, and may call 911 again at any time.
Nothing on this page or in MD Ally’s agreements waives or limits any immunity or defense available to a public agency, and nothing creates a right of action against a public agency.
Disclosure of Financial Interests and Referrals
MD Ally Services, P.A. and MD Ally Services, P.C. may refer patients to, and accept referrals from, other persons and entities. Some of those persons or entities may hold a direct or indirect ownership or financial interest in MD Ally, and MD Ally may hold a direct or indirect ownership or financial interest in some of them.
We provide this disclosure so patients and partners know these relationships exist. You are not required to receive services from, or be referred to, any particular provider, supplier, or entity. You may choose any provider or service available to you, and no benefit or service depends on accepting or making any referral.
We structure and carry out referrals and financial relationships to comply with applicable law, including the federal Anti-Kickback Statute, the physician self-referral law, the False Claims Act, HIPAA, and their state counterparts.
Questions about these relationships? Ask your provider or email admin@mdally.com.
Cookie and Tracking Notice
We use cookies and similar technologies on our marketing websites to make the site work, understand how visitors use it, and protect our systems.
- Essential technologies, which the site needs to operate;
- Analytics technologies, which show us how visitors use the site; and
- Security technologies, which help protect our systems.
We do not use cookies or tracking technologies to collect protected health information on our marketing websites, and we do not use them for advertising.
You can control cookies through your browser settings, and where the law requires it we present a consent choice before setting non-essential technologies. Blocking or deleting cookies may affect how parts of the site work. Our Privacy Policy describes how we collect and use information.
Accessibility Statement
MD Ally works to make its websites usable by everyone, including people with disabilities. We are working toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, and we review our sites and make improvements over time.
If you have difficulty using any part of our website, or you have an accessibility question, email admin@mdally.com or write to 348 West 57th Street, Suite 180, New York, NY 10019. We will work with you to provide the information you need in another way.
Medical Information Disclaimer
The content on MD Ally’s marketing websites is general information only.
- It is not medical advice;
- It does not create a provider-patient relationship; and
- It is not a substitute for professional medical care.
Medical care is provided only through a clinical encounter with a licensed healthcare professional.
If you think you are having a medical emergency, call 911.
Patient Rights, Responsibilities, and Grievances
Your Rights
When you receive care from MD Ally Services, P.A. or MD Ally Services, P.C., you have the right to:
- Be treated with respect and dignity;
- Take part in decisions about your care;
- Receive information about treatment options and alternatives;
- Ask questions and get clear answers;
- Refuse treatment, to the extent the law allows;
- Access your medical records as the law provides;
- Receive care without discrimination;
- Get free language assistance and communication aids, including a qualified interpreter, at no cost to you; and
- If you are uninsured or not using insurance, receive a Good Faith Estimate of what your care will cost.
Your Responsibilities
You are responsible for:
- Giving accurate and complete information about your health;
- Following the plan you agree to, or telling us clearly if you have concerns about it;
- Arranging follow-up care with your own provider;
- Understanding your insurance coverage and what you owe; and
- Treating providers and staff with respect.
Complaints and Grievances
If you have a concern about your care, privacy, billing, or experience, tell us. We would rather hear about it and fix it.
- Email: admin@mdally.com
- Mail: Privacy Officer, MD Ally Services, c/o 348 West 57th Street, Suite 180, New York, NY 10019
You may file a complaint without fear of retaliation, and filing one will not affect your access to care. You may also file a privacy or civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights. Our Notice of Privacy Practices has that office’s contact information.
If your concern is about a 911 center, EMS agency, or other public agency rather than about MD Ally, contact that agency directly. We will help you find the right contact if you ask.