Last updated: March 26, 2024

 

We are updating our Terms of Use, Privacy Policy, Notice of HIPAA Privacy Policies, and Consent to Telemedicine Services (we’ll refer to these as our “Member Agreements”). These changes will go into effect for existing members on April 1, 2024. For members that enroll on or after March 26, 2024, these terms will take effect immediately. 

 

We encourage you to read the full versions of these agreements linked above, but we also wanted to answer some of your anticipated questions below. 

 

What have you changed in the Member Agreements? 

 

Here is an overview of the key changes to our agreements:

 

General Updates

 

• We now have one, global set of terms that applies to members in all Omada programs. (Previously, Omada for Joint and Muscle Health had its own separate terms.) As a result, we have updated the Terms of Use, Privacy Policy, and Notice of HIPAA Privacy Practices throughout to include references to and account for the musculoskeletal services in our Omada for Joint and Muscle Health program.

 

• We have updated our Terms of Use and Privacy Policy to make clearer which terms or rights are specific to Omada’s enrolled members and/or applicants versus those that may apply to someone who simply visits our public website (“Site Users”).

 

• We have also revised the terms in many places to make them simpler and easier to read.

 

Terms of Use

 

• We have added an acknowledgement that individuals interested in  our services are required to submit certain information to us during the application process in order to enroll in the program. To the extent our support team assists a member or potential member in completing their application, that person represents that the information provided to Omada’s support team as summarized is complete, accurate, and truthful. 

 

• We expressly prohibit members from (i) transferring or selling their Omada-supplied connected devices to any other individual or entity, (ii) allowing other individuals to use their device in a manner that would transmit that person’s information to the member’s account, and (iii) otherwise transmitting information from an individual other than the member to that member’s account. 

 

• We have clarified that some manufacturers of Omada-supplied connected devices require members to agree to and comply with the manufacturer’s terms and conditions (in addition to Omada’s terms and conditions). We provide contact information for members who have any questions about these requirements. 

 

• We have clarified that certain members may have financial responsibility for the services (for example, when they pay for their own participation or when their plan sponsor applies copays, coinsurance, or deductibles), and we include payment-related terms for those members. 

 

• We have clarified that members have access to Omada for the duration of their benefit coverage through their employer, health insurance company, or other third-party payor. 

 

Privacy Policy 

 

• We’ve updated our privacy policy throughout to address new state-specific legal requirements for consumer privacy where applicable. We have advised users located in certain jurisdictions how they can exercise new rights available to them, via a link to our State Specific Supplemental Notice. 

 

• We have added more detail throughout about how we collect, use, and share information from members, applicants, and Site Users, as applicable. For example, we have provided additional information on: 

 

• How members may manage their communications preferences.

 

• How members can close their accounts, including details of our regulatory obligations to retain certain personal information records for the duration required by law.

 

• How health care providers like Omada may share data, including how we may exchange data with other health care providers and health information exchanges.

 

• The types of personal information that we may receive, which we have updated to reflect the latest features of our programs, and how we work with various sources of personal information, including any third parties that applicants may use for assistance with applications or to check their benefits coverage for our programs.

 

• How we may receive personal information about individuals separate and apart from enrollment in our programs, like when individuals interact with webinars or content syndication platforms or appear on email outreach lists.

 

• Omada remains firm in its commitment not to sell or rent personal information  and not to share personal information with third parties for their own purposes except where authorized by the member or by applicable law. 

 

Notice of HIPAA Privacy Practices

 

• Because we now have one set of terms that apply to all programs, including Omada for Joint and Muscle Health, we have updated the Notice of HIPAA Privacy Practices to reflect that Omada and our affiliated professional corporation that engages the physical therapists providing musculoskeletal services together form an Organized Health Care Arrangement (“OHCA”). We have updated the notice to reflect that all entities participating in the OHCA are bound by those obligations set forth therein.

 

• We have updated the list of ways in which we may disclose member information without authorization to describe how Omada as a health care provider may exchange information with other health care providers and HIPAA covered entities through health information exchanges as permitted by applicable laws. 

 

Consent to Telemedicine Services

 

• We have updated the consent to more clearly delineate the risks and benefits inherent to participating in telehealth services.

 

• We have more clearly outlined the member’s right to revoke this consent without affecting future care or treatment, although revoking members would need to enter into a new consent before receiving any further telehealth services. 

 

Who do these agreements apply to? 

 

These member agreements apply to members in all of Omada’s programs: Omada for Prevention, Omada for Diabetes, Omada for Hypertension, and Omada for Joint and Muscle Health. Some of these terms also apply to individuals who simply visit and interact with our website. 

 

When do these changes take effect? 

 

These changes will go into effect for existing members on April 1, 2024. For members that enroll on or after March 26, 2024, these terms will take effect immediately. 

 

What do I need to do? 

 

You are not required to take any action. By continuing to use our services on or after April 1, you agree to our updated Terms of Use, Privacy Policy, Notice of HIPAA Privacy Practices and, to the extent applicable to you, Consent to Telemedicine Services.

 

What if I don’t want to agree to these updates? 

 

If you do not agree with these changes, you may begin processes to close your account. 

 

How do I close my account? 

 

If you would like to cancel your account for any reason, please send our member support team an email at support@omadahealth.com.

 

Can you delete my data? 

Unfortunately, we cannot delete the data that we have about you. Omada is a health care service provider, and legally we operate just like a doctor's office. As such, we are required by law to retain the data we collected from you as a business record for purposes of data privacy and of record keeping standards. Even when stored as a business record, we continue to keep this information private and secure as the Health Insurance Portability and Accountability Act (HIPAA) requires us to do. These rules apply even if you no longer participate in an Omada program and even if you applied, but the program was not clinically appropriate for you. 

In fact, because HIPAA applies to us, your data is protected in many ways that might not apply to a wellness app that you access through social media, in an app store, or that is pre-installed on your smartphone (if you use one). HIPAA obligates us to safe-keep the data we preserve about you and also strictly limits how we can use that data. As we’ve made clear in our Privacy Policy, we do not sell data from those who apply to or participate in our program. Nor do we let third parties use social media or apps to access data we have custody of from our members or former members.

If you have any additional questions, please feel free to reach out to support@omadahealth.com.