Patient / Athlete PHI Consent

As part of our strategic growth, MuscleSound is increasing its commitment to data privacy. This includes better informing athletes and patients about how their data is analyzed, stored, and accessed. In order to streamline this process, we are introducing a new feature that provides these individuals with details about MuscleSound technology and requests their consent for data processing.

Athletes and patients will be prompted to authorize the disclosure of their personal information, including identifiable health details, to MuscleSound. This means that trained employees will have access to profile information which includes personal identifiers, health details, and generated reports. Once an individual consents to disclosure, the authorization is applied to all future assessments; however, data can be deleted upon request. 

As a MuscleSound customer, your account will be set up to either 1) collect direct consent through the app or 2) collect consent through a provided paper form. Below you will find details for each account type to help you decide which would best fit your business model.

App Consent

If you create new athlete or patient profiles with your subjects present, your account can be set up for direct app consent. When a profile is created, the individual will be prompted to authorize the disclosure of their personal information to MuscleSound. This will include a document that can be emailed to the individual which describes the purpose of this consent, how MuscleSound uses their personal information, and a MuscleSound contact for questions.

If you create a new assessment for an existing athlete or patient, the individual will be prompted to authorize the disclosure before you save the session data.

Paper Form Consent

If you create new athlete or patient profiles without your subjects present, your account can be set up for indirect paper form consent. You will ensure that all individuals sign a paper consent form prior to conducting their first assessment. MuscleSound will provide you with this form which describes the purpose of their consent, how we use their personal information, and a MuscleSound contact for questions.

How Consenting Works

New Patient / Athletes

New patient/athletes will require Direct Consent if

• the group/team they are assigned to require direct consent (determined by customer admins)
• the user performing the scans is not an authorized consenting user AND has agreed to its terms

New Assessments

New assessments will require direct patient/athlete consent if

• the group/team specifies that Direct Consent is required (determined by customer admins)
• the user performing the scans is not an authorized consenting user AND has agreed to its terms

Teams/Groups

Customer admins can specify a the team/group requires all of its athletes to have a Direct Consent (even if the user scanning is authorized).

Account > Admin > Teams/Groups > Select Team/Group > Edit

Authorized Users

Users can be specified as an 'authorized consenting user' by a client admin (head trainer).

1. Navigate to Account > Admin > Users > Select User 
2. Scroll down to the PHI Consent Authorization section
3. The selected user will then need to agree to their responsibility on their user profile.
4. Authorized user can navigate to Account > My Profile > PHI Authorization
5. Agree by marking name or initials and checking the box.

If user is newly selected as authorized, each time they login to the app they will be automatically routed to their Consent Form on their user profile.

Users can ignore and navigate away from the form, but if they don't agree each time they login they will be brought to it.  If they agree, then they will be able to create athletes and assessments without requiring Direct Subject/Athlete consent (unless Direct consent is required for the subject/athlete's team).

Authorized users are indicating that they are acquiring athlete consents outside of the musclesound app, and can provide that documentation upon request. 

Consent Forms

Patient/Athlete Consent Form

• Can be viewed and downloaded by users
• Can be emailed to subject/athletes
• Here's a blank version users can have their clients populate

PHI Disclosure Liability Assumption Agreement

• Can be viewed and downloaded by users
• Authorized users are indicating that they are acquiring patient/athlete consents outside of the musclesound app, and can provide that documentation upon request. 

If you have any questions about the consent policy for athletes and patients, please email  compliance@musclesound.com