Terms of Use

Last updated: December 09, 2015

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.wellcaremd.com website (the "Service") operated by Wellcare MD ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.


When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Wellcare MD and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wellcare MD.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Wellcare MD.

Wellcare MD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Wellcare MD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.


We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


You agree to defend, indemnify and hold harmless Wellcare MD and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Wellcare MD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Wellcare MD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.


Notice of Privacy Practices

This Notice of Privacy Practices is effective June 1, 2015.


Wellcare MD respects your privacy. We are required by law to maintain the privacy of certain health information about you, and to inform you of its practices with respect to the privacy of that information. This Notice of Privacy Practices is being provided to inform you of the ways that Wellcare MD may use the personal information it collects about you and how it may disclose that information.

Federal and state laws require health care providers to protect the privacy of information about your health, your health care, and payment for your health care, if that information identifies you or could be used to identify you. The law permits us to use or disclose your protected health information only for certain specific purposes, unless you give us a written authorization permitting us to make other uses and disclosures. This notice describes the purposes for which we may use or disclose protected health information about you.

The law also gives you certain rights with respect to your protected health information. This notice provides a summary of those rights.


We may use and disclose health information about you without your specific authorization for purposes of treatment, payment and health care operations.

Treatment - As it pertains to Wellcare MD, treatment means providing care. Treatment also includes coordination and consultation with other health care providers. For example, Wellcare MD may use your protected health information in coordination with a physician treating you for a foot ulcer, who may need to know how your diabetes could affect your healing. Protected health information may be shared to determine the best course of treatment for you.

Payment - We may use and disclose health information for activities required to obtain payment from you for the services provided to you by Wellcare MD. Examples of these activities include billing and collection.

Health Care Operations - Health care operations include review of your protected health information by members of Wellcare MD’s professional staff to ensure compliance with all federal and state regulations. This information will be used to improve the quality and effectiveness of the services provided to you by Wellcare MD. Health care operations also include Wellcare MD’s business management and general administrative activities.

Appointment reminders, treatment alternatives and health-related benefits and service: We may use and disclose your health information to remind you about appointments; inform you of alternative treatment therapies, and providers; inform you of health-related products, benefits, or services related to your treatment or care. Wellcare MD may send you newsletters about general health matters, or member benefits and services, and wellness programs.


There are a limited number of other purposes for which we may use or disclose your health information without a written authorization from you.

  • We may use or disclose protected health information when the use or disclosure is required by law.
  • We may use or disclose protected health information when the use or disclosure is required by law.
  • We may use or disclose protected health information to avert a serious threat to your health or safety, or the health and safety of others.
  • We may use or disclose protected health information for certain public health activities, such as reporting certain communicable diseases, or reporting information to the Food and Drug Administration about treatments that are regulated by that agency.
  • We may disclose protected health information to a legally-authorized government authority, such as a social service or protective services agency, if we reasonably believe you are a victim of abuse, neglect or domestic violence.
  • We may disclose protected health information to agencies authorized by law to conduct health oversight activities, such as licensing, inspections, and audits.
  • We may disclose protected health information in response to court orders or subpoenas, and for certain law enforcement purposes.
  • We may disclose protected health information to coroners, medical examiners and funeral directors to enable them to carry out their duties.
  • We may disclose protected health information to organizations that are involved in arranging for donation or transplantation of tissue and organs.
  • We may disclose protected health information to authorized government agencies when necessary for national security or intelligence purposes, or for certain military and veteran’s activities.
  • We may disclose protected health information to attorneys, accountants, and others acting on our behalf, provided they have signed written contracts agreeing to protect the confidentiality of the information.
  • Unless you object, we may disclose to a member of your family, another relative, a close personal friend, or any other person identified by you, the protected health information directly relevant to that person’s involvement with your health care or payment for your health care.


We must obtain your prior authorization for uses and disclosures of your protected health information for marketing purposes and any sale of your protected health information. We will obtain your authorization for any use or disclosure of your protected health information for purposes other than those summarized above. You may revoke an authorization at any time, except to the extent we have acted in reliance on the authorization, by sending a written notice of revocation to the address on the last page of this notice.


You have the following rights concerning your protected health information. You may exercise these rights by sending a written request to the address on the last page of this notice.

  • You may request additional restrictions to the use or disclosure of your protected health information for treatment, payment or health care operations. However, in most cases we are not required to agree to the requested restrictions.
  • We normally contact you by telephone or mail at your home address. You may request that we contact you at some other address or telephone number, or by some other method, such as e-mail. We will accommodate reasonable requests.
  • You may inspect and obtain a copy of protected health information that is used to make decisions about your care or payment for your care. We may deny a request to inspect records only in a few limited circumstances. If you request copies of records, we may charge you a reasonable fee for the copies.
  • You have the right to request amendment of the protected health information we maintain about you. We may deny your request if we determine that the record is accurate and complete, or if we did not create the record, unless the creator of the record is no longer available, or if you do not have a right to access the record. If we deny your request, you have the right to submit a statement disagreeing with our decision and to have the statement attached to the record.
  • You may request an accounting of certain disclosures we have made of your protected health information. The accounting is not required to include disclosures for treatment, payment, or health care operations, disclosures to persons involved in your health care or payment, disclosures for notification purposes, or disclosures with your written authorization. You may receive one accounting free of charge within a 12-month period. We may charge a reasonable fee for all subsequent requests during the same 12-month period.
  • You have the right to receive notification in the event of an unpermitted use or disclosure of your unsecured protected health information which compromises the security or privacy of your information.
  • You have the right to obtain a paper copy of this notice upon request.


We reserve the right to change the terms of this Notice of Privacy Practices, and to make the new notice provisions effective for all protected health information that we maintain. If we amend the terms of this notice, you may obtain a copy of the revised notice by sending a request to the address below.


If you have questions or would like additional information about our privacy practices, please call or write:

Wellcare MD Privacy Officer
2510 Airpark Drive Suite 203
Redding, CA 96001
Telephone: (530) 262-6626
Fax: (530) 262-6624
Email: info@wellcaremd.com
Website: www.wellcaremd.com

If you believe that your privacy rights have been violated, you may file a written complaint at the address above. You may also file a complaint with the Secretary of Health and Human Services by writing or calling:

Office for Civil Rights
U. S. Department of Health and Human Services
200 Independence Avenue SW
Room 509F, HHH Building
Washington, DC 20201