Effective Date: 26-May-2021
This Notice describes how medical information about you may be used and disclosed and how you can get access to this information.
As required by the Health Insurance Portability and Accountability Act (HIPAA), Vacation with the Magic (VWTM, we, us or our) is providing you with this Notice of Privacy Practices (Notice,) describing (1) the uses and disclosures of health information that may be made by VWTM (2) your rights under HIPAA, and (3) VWTM’s legal obligations with respect to your health information. Health information includes individually-identifiable medical, insurance, demographic and medical payment information, such as information about your diagnosis, medications, insurance status, medical claims history and policy information.
Vacation with the Magic is NOT a hybrid entity under HIPAA, meaning that it is a single legal entity with business functions that include HIPAA-regulated activities and non-HIPAA related activities. Only the information that VWTM creates or receives related to its HIPAA-related activities are subject to HIPAA requirements and this Notice. This includes the following information:
- Information that you share with your Magic Planner through the VWTM Planning system;
- Information that we receive from your authorized Lead Guest through the VWTM Planning system;
- Information that we use to investigate your ADA “Reasonable Accommodations” relating to the VWTM Planning system;
- Information that we use to support your ADA “Reasonable Accommodations” with our vendors and suppliers who provide your ADA “Reasonable Accommodations” to their performance and improvement of your family vacation experience;
- Information that you provide and we receive from you through the VWTM Planning system (or through the Messenger App or VWTM Email and telephone calls to your Magic Planners).
All other functions of, and services provided by, VWTM are not subject to HIPAA and/or the terms of this Notice.
When it comes to your “health information”, your medical diagnosis, is never disclosed to the vendors and suppliers who will provide your and your party with ADA “Reasonable Accommodations”. Nor will we identify which member of your party is disabled, or has special needs.
In terms of “health information” as noted below, this DOES NOT INCLUDE A MEDICAL DIAGNOSIS! Our vendors and suppliers only need to know what they need to meet your ADA “Reasonable Accommodations” request,
You have certain rights. This section explains your rights and some of VWTM’s responsibilities to help you. You may exercise these rights by writing to our Privacy Officer at the address or email address provided at the end of this Notice.
Get a copy of your VWTM Planning system Itinerary record
- You can ask to see or get a copy of your Magic Planners and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee. There are some situations where we may say “no” to your request, but we’ll tell you why in writing within 30 days, and you may have the right to have this decision reviewed.
Ask us to correct your heath information record
- You can ask us to correct health information about you that you think is incorrect or incomplete.
- We will respond to your request, usually within 60 days. There are some situations where we may say “no” to your request, but we’ll tell you why in writing within 60 days and allow you to submit a written statement of disagreement.
Request confidential communications
- You can ask us to contact you in a specific way (for example, home or office phone) or to send email to a different address.
- We will say “yes” to all reasonable requests. However, we may condition this accommodation by asking you for information as to who is the authorized lead guest and how payment will be handled or specification of an alternative address or other method of contact.
Ask us to limit what we use or share
- You can ask us not to use or share certain health information for ADA “Reasonable Accommodations”, payments, or our operations. Your request must state the specific restriction requested and to whom you want the restriction to apply. We are not required to agree to your request, and we may say “no” if it would affect you receiving equal access and inclusion with the supplier.
Get a list of those with whom we’ve shared information
- You can ask for a list (accounting) of the times we’ve shared your health information (ADA “Reasonable Accommodations” request for the current vacation and who we shared it with, and why.
- We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
- We will respond to your request, usually within 60 days.
Get a copy of this Notice of Privacy Practices
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
- If you have given someone the authority to represent your party in planning your vacation, that person can exercise your rights and make choices about your health information.
- We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
- You can complain if you feel we have violated your rights by contacting us using the information on the last page of this Notice.
- We will not retaliate against you for filing a complaint against your Magic Planner.
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
- Share information with your family, close friends, or others involved in your care;
- Share information in a disaster relief situation;.
If you are not able to tell us your preference, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety. Such as requesting additional equipment that will enhance your overall experience and safety that may include: Wheelchair transport, bed rails, grab bars in bathroom VIP cleaning for allergies etc.
In these additional cases we never share your information unless you give us specific permission:
- Marketing purposes;
- Sale of your information;
- Most sharing of Magic Planners notes.
In the case of fundraising:
- We will NOT contact you for fundraising efforts.
VWTM’s Uses and Disclosures of Your Health Information
ADA “Reasonable Accommodations” Care Operations
We use and share your health information for acquiring ADA “Reasonable Accommodations” on your behalf, and vendor care operations purposes as described below.
- We can use your health information that you or your lead guests provide us to aid in analyzing and evaluating your ADA “Reasonable Accommodations” data. We can also share your health information with other health care professionals who are treating you.
Example: We can also use your health information for training you on how to communicate and protect your ADA “Reasonable Accommodations” request.
- VWTM Accessibility Operations. We can use and share your health information to run and improve our vacation planning services, conduct business planning and development activities, and contact you when necessary. Example: We use health information, not identifying the party who is disabled or has special needs, to assist our Magic Planers analyze and manage your use of our ADA “Reasonable Accommodations” request to vendors in order to improve the platform and related services.
Other Uses and Disclosures
As described below, we are also allowed or required to share your information in other ways that usually contribute to the public good, such as advising why a grab bar is needed on the right or left side of a toilet. Yes we had one vendor who stated “Don’t be silly, that doesn’t matter” Well it mattered to the military veteran! We have to meet many conditions in the law before we can share your health information for these purposes.
- Public Health and Safety Activities. We can share health information about you in certain situations such as:
- Reporting possible adverse reactions to medical device to prevent damages;
- Preventing or reducing a serious threat to anyone’s health or safety.
- Research. We can use or share your information for vacation planning.
- Comply with the Law. We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to verify that we are complying with HIPAA. Since we are NOT a HIPAA covered entity or business associate, we doubt this will occur.
- Respond to Lawsuits and Legal Actions. We can share health information about you in response to a court or administrative order, or in response to a subpoena.
- We are required by law to maintain the privacy and security of your diagnosis and health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request and on this website.
Contact VWTM / VWTM Privacy Official
If you have any questions regarding this Notice or VWTM’s use and disclosure of your health information, you may obtain additional information by:
HIPAA Privacy Officer
Vacation with the Magic
315A Central Street
Acton, MA 01720