Effective September 20, 2024
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) imposes certain requirements on health care providers concerning the use and disclosure of individual health information. This information, known as Protected Health Information (PHI), includes virtually all individually identifiable health information held by a health care provider who electronically transmits PHI in connection with certain transactions. PHI may include medical, financial, demographic and other information about you or your dependents. This notice describes the privacy practices of EndoMD Health (“[Covered Entity]”) and its providers. The providers covered by this notice may share health information with each other to carry out Treatment, Payment, or Health Care Operations. The providers also may share PHI with your insurer for purposes of Treatment, Payment and Health Care Operations. For examples of each of these terms, see below.
Covered Entity strives to maintain the privacy of your health information and gives you this notice about its privacy practices and your rights concerning your health information. Covered Entity will follow the terms of this notice while it is in effect.
Covered Entity reserves the right to change its privacy practices and the terms of this notice at any time, provided such changes are permitted by applicable law. Any change in the terms of this notice will be effective for all PHI that Covered Entity is maintaining at that time. If a change is made to this notice, Covered Entity will provide a copy of the revised notice to all of patients of the provider at that time.
PERMITTED USES AND DISCLOSURES OF YOUR HEALTH INFORMATION
Within the limits of the law, Covered Entity may use and disclose your health information without your permission (known as an authorization) for purposes of health care Treatment, Payment activities, and Health Care Operations. Examples of the uses and disclosures that Covered Entity may make under each section are listed below:
Treatment - Covered Entity may use or disclose your health information to a physician or other health care provider to allow him to provide treatment to you or so Covered Entity can coordinate or manage your care.
Payment - Your PHI may be used or disclosed for all activities of a health plan or a federal health program to ensure providers are paid for services rendered to you. This can include disclosures to process claims, to facilitate payment for services that you receive, or to obtain reimbursement.
Health Care Operations - Health Care Operations refers to the basic business functions necessary to operate a health care facility. Covered Entity may use and disclose your health information for quality assessment and improvement activities; conducting or arranging for medical reviews, audits, or legal reviews; business planning and development; and general administrative activities.
Other Uses and Disclosures Allowed Without Authorization
In certain cases, your health information can be disclosed without your authorization to a family member or other person you identify who is involved in your care or payment for your care. Your health information may also be disclosed without authorization to your legal representative, if applicable. In those cases, Covered Entity is permitted to disclose the information to only those recipients who need to know about your care or payment for your care.
Covered Entity may also use or disclose your health information without your written authorization for uses and disclosures required by law, for public health activities, and other specified situations, such as:
Disclosures to Workers’ Compensation or similar legal programs, as authorized by and necessary to comply with applicable laws.
Disclosures made in response to a court order, subpoena or other lawful processes.
Disclosures related to situations involving threats to personal or public health or safety.
Disclosures related to situations involving judicial proceedings or law enforcement activities.
Disclosures to a coroner, medical examiner or funeral director.
Certain disclosures related to health oversight activities, specialized government or military functions and Health and Human Service HIPAA compliance investigations.
Disclosures related to organ, eye or tissue donation and transplantation after death.
Disclosures related to certain essential government functions, such as conducting intelligence and national security activities authorized by law.
Other uses and disclosures of your PHI will be made only upon receiving your written authorization. You may revoke an authorization at any time by providing written notice to Covered Entity that you wish to revoke an authorization. Covered Entity will honor a request to revoke as of the day it is received and to the extent that Covered Entity has not already used or disclosed your PHI in good faith with the authorization.
There is a potential for any information disclosed pursuant to this authorization to be subject to re-disclosure by the recipient and, therefore, no longer protected to the same extent as such health information was protected by law while solely in the possession of the health care entity.
YOUR INDIVIDUAL RIGHTS IN RELATION TO YOUR PHI
Right to Request Restrictions on Uses and Disclosures:
You have the right to request that Covered Entity limit its uses and disclosures of PHI in relation to treatment, payment and health care operations, except for uses or disclosures required by law. You also have the right to request that Covered Entity restrict the use of disclosure of your PHI to family members or personal representatives. Any such request must be made in writing to the Privacy Contact listed in this Notice and must state the specific restriction requested and to whom that restriction would apply.
Pursuant to federal law, if you request that we not share PHI with your insurance company, Covered Entity will accept that request but only if you pay in full for the service rendered.
Right to Receive Confidential Communications of Your Health Information:
You have the right to request that communications involving PHI be provided to you at an alternative location or by an alternative means of communication. Covered Entity will accommodate any reasonable request if the normal method of disclosure would endanger you and that danger is stated in your request. Any such request must be made in writing to the Privacy Contact listed in this Notice.
Right to Access Your Protected Health Information:
You have the right to inspect and copy your PHI that is contained in a “designated record set” for as long as Covered Entity maintains your PHI. A designated record set contains claim information, premium and billing records and any other records that Covered Entity has created in caring for you. You have the right to be provided with copies of health and medical records in electronic form if Covered Entity maintains health records in that format and the documents are readily producible in such format. Federal law prohibits you from having access to psychotherapy notes or information compiled for civil, criminal, or administrative proceedings. Covered Entity may deny your right to access in a few limited circumstances, and will provide you with a written explanation of the reason for denial. You may appeal such a denial in limited scenarios. Requests for access to your PHI should be made in writing to the Privacy Contact listed in this Notice.
Right to Request Release of Your Protected Health Information:
You have the right to give permission for your Protected Health Information to be disclosed for communicating results, findings and care decisions to your family members and others. If you wish to make such a disclosure, you must communicate the Name, Relationship, and contact information to the Privacy Contact listed in this Notice to ensure it is documented.
Right to Amend your Protected Health Information:
You have the right to request that PHI in a designated record set be amended for as long as Covered Entity maintains the PHI. Covered Entity may deny your request for amendment if it determines that the PHI was not created by Covered Entity, is not part of the designated record set, is not information that is available for inspection, or that the PHI is accurate and complete. If your request for amendment is declined, you have the right to have a statement of disagreement included with the PHI and Covered Entity has a right to include a rebuttal to your statement. Requests for amendment of your PHI should be made in writing to the Privacy Contact listed in this Notice.
Right to Receive an Accounting of Disclosures of your PHI:
You have the right to receive an accounting of all disclosures of your PHI that Covered Entity has made, if any, for reasons other than disclosures for treatment, payment and health care operations, and disclosures made to you or your personal representative. Your right to an accounting of disclosures cannot exceed a period of six (6) years before the date of your request. Requests for an accounting of disclosures of your PHI must be made in writing to the Privacy Contact listed in this Notice.
Right to Receive Notice Upon a Breach:
In the event of a breach of unsecured PHI, you have the right to be notified by Covered Entity. This right applies only if the PHI was not reasonably secured.
Right to Receive a Paper Copy of This Notice:
If you receive this notice electronically, you have the right to receive a paper copy upon request. Requests for a paper copy of this Notice should be made in writing to the Privacy Contact listed in this Notice.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a complaint with Covered Entity or with the Secretary of Health and Human Services. Complaints should be filed in writing with the Privacy Contact listed in this Notice. Our office will not retaliate against you for filing a complaint.
PRIVACY OFFICER
Should you have any questions, requests, comments, or complaints you may direct all inquiries to our Privacy Contact.
Privacy Officer Contact Information:
Attn: Privacy Officer
EndoMD Health LLC.
8401 Mayland Dr.
Richmond, VA
23294-4648
571-480-6053