Patient Privacy Policy

Privacy Policy — SMS Notifications

1. Purpose of This Privacy Policy

We respect your privacy. This policy explains how we collect, use, and protect your information when sending SMS notifications for appointments, reminders, pre-op instructions, and related healthcare updates.

2. Scope

Applies to all patients who receive SMS communications from Greater Brevard Oral & Maxillofacial Surgery for healthcare-related purposes.

3. Information We Collect

  • Your mobile phone number, provided by you.

  • Your preferences regarding SMS communication.

  • Message logs (date/time/content sent, responses) for compliance and auditing.

4. Legal Basis for Use of Your Information

  • HIPAA: SMS reminders are permitted under the Treatment, Payment, or Health Care Operations (TPO) provisions (§164.506) of the HIPAA Privacy Rule  .

  • TCPA/FCC: Providing your mobile number constitutes “prior express consent” for SMS reminders that are purely informational and not promotional  .

5. Message Content and Limits

  • Messages will be strictly non-promotional, limited to appointment reminders, pre-operative instructions, follow-ups, prescription notifications, lab results, etc.  .

  • Content adheres to the minimum necessary standard—only basic details like date, time, provider’s name, and location. PHI is kept to a minimum; if detailed information is needed, patients are directed to a secure patient portal  .

  • Message limits: No more than 1 SMS per day, 3 SMS per week, each ≤160 characters   .

6. Security & Consent Acknowledgement

  • Consent: Patients must provide written or electronic consent to receive SMS reminders; the Notice of Privacy Practices (NPP) outlines the opt-in process  .

  • If the patient consents to receive reminders via SMS (a potentially less secure channel), we inform them of security risks, document their consent and warning  .

  • SMS content avoids sending sensitive PHI directly. We use HIPAA-compliant systems or Business Associate Agreements when third-party software is used  .

7. Opt-Out Mechanism

  • Every SMS message includes instructions to opt out by replying “STOP.” We honor all opt-out requests immediately  .

8. Recordkeeping & Auditing

We record send times, recipient, content, and responses. Logs are monitored regularly for compliance, auditing, and security  .

9. Breach Notification

In the event of a data breach, we comply with the FTC’s Health Breach Notification Rule:

  • Notify affected individuals and the FTC without unreasonable delay (within 60 days) if it qualifies under the Rule  .

10. Updates to This Policy

We may update this Privacy Policy. We’ll notify you via SMS or through the patient portal for significant changes.

Terms of Service — SMS Notifications

1. Services Provided

Greater Brevard Oral & Maxillofacial Surgery sends SMS notifications for appointment reminders, surgery prep, lab results, prescription notices, and follow-ups.

2. Eligibility & Consent

By providing your mobile number, you consent to receive SMS messages related to your healthcare. Consent is voluntary and not a condition for receiving treatment.

3. Message Frequency & Timing

  • Max 1 SMS per day, 3 per week   .

  • Messages are informational only—no marketing or promotional content allowed  .

  • Messages are concise (≤160 characters).

4. Message Examples

Valid reminders may include:

“Reminder: You have an appointment with Dr. Smith on May 15 at 2 PM at our Melbourne clinic. Reply STOP to opt out.”

Detailed medical info is provided via secure patient portal, not over SMS  .

5. Opt-Out Rights

Text “STOP” at any time to unsubscribe. We will cease sending messages upon receipt of your request  .

6. Mobile Carrier & Fee Disclosure

Standard message/data rates from your carrier may apply. We are not responsible for carrier charges.

7. Liability Disclaimer

Messages may not be delivered due to network issues. We are not liable for missed messages; always use the patient portal or contact us directly if unsure.

8. Privacy & Compliance

By consenting, you acknowledge that SMS is not fully secure. Greater Brevard is not liable for privacy breaches unless due to our negligence. We comply with HIPAA, TCPA/FCC rules, and the FTC’s breach notification standards as outlined within the Privacy Policy.

9. Termination & Modifications

We may modify these Terms. Continued use constitutes acceptance of changes. You may revoke consent by texting “STOP,” but we reserve the right to suspend SMS services if consent is withdrawn.

10. Contact Us

Questions or concerns:

Greater Brevard Oral & Maxillofacial Surgery and Dental Implants

940 S Harbor City Blvd

Melbourne, FL 32901

Greater Brevard Oral and Maxillofacial Surgery & Dental Implants Phone Number 321-332-6000

[email protected]

Summary of Legal Requirements Addressed

Regulatory Framework

SMS Consent

Content Required

Frequency Limits

Security & PHI

Opt-Out

Breach Notification

HIPAA

Required

Minimal necessary

N/A

Avoid PHI over SMS

Documented

FTC Rule (if breach)

TCPA / FCC

Implied via providing number for healthcare messages (or written)

Non-promotional, clear sender info

≤1/day, ≤3/week; ≤160 chars

Use HIPAA-compliant systems

Reply “STOP” immediate opt-out

N/A

FTC Health Breach Rule

N/A

N/A

N/A

N/A

N/A

Notify individuals, FTC within 60 days