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.
Bio Performance is required by law to provide you with a copy of this privacy notice (“Notice”) as it details how we will protect the privacy of your health information. You also have certain rights in relation to your health information which this notice explains. Additionally, this Notice explains how we may use your health information when we may disclose that information to others. Bio Performance is required by law to abide by the terms of this notice.
The Health Insurance Portability and Accountability Act (“HIPAA”) is a federal law which was enacted, in part, to ensure privacy protections to individuals when it comes to their healthcare. There may be other federal and state laws privacy laws which apply to you.
Bio Performance its employees, contractors, business associates, and affiliates (sometimes referred to herein as “we”, “us” or “our”) shall follow this Notice.
In order to protect against risks, such as loss, destruction, or misuse of private information, Bio Performance maintains physical, electronic and procedural security safeguards in handling and maintaining all information, in accordance with all applicable state and federal standards.
Information and Protected Health Information (“PHI”)
For the purposes of this Notice, the terms “information”, “PHI” or “health information” may be used interchangeably and shall include any information that we maintain that can reasonably be used to identify you and that relates to your physical or mental health condition, the provision of health care services to you, or the payment for such health care. PHI is defined by law to include any data created, received, stored or transmitted by any HIPAA-covered entities and their business associates in relation to the past present or future provision of healthcare, healthcare operations, and the payment of such healthcare services. Electronic health information is sometimes referred to as ePHI.
When it comes to your PHI, you have certain rights. This section explains your rights and some of our responsibilities towards you. You have the right to:
Get an electronic or paper copy of your medical record
We will never share your PHI unless you give us prior written permission in the following situations:
Any written authorization provided by you for the use or disclosure of PHI may be revoked at any time and will be effective upon reasonable notice.
Our Uses and Disclosures
We have a right to use and disclose your PHI in the following ways:
1. To provide treatment to you. We can use your health information and share it with other professionals who are treating you in an effort to aid and coordinate your care.
2. Run our organization. We can use and share your health information to run our practice, improve your care, and contact you when necessary.
3. Bill for your services. We can use and share your health information to bill and get payment from health plans or other entities.
4. Other disclosures related to your relationship with us. Examples of such disclosures include, but are not limited to, reminding you of an appointment, tell you about treatment alternatives and options, or tell you about other health benefits and services.
We may, under limited circumstances, disclose your health information for other purposes, generally related to ways that contribute to the public good, such as public health and research. Before any such disclosures are made, we must comply with all applicable legal requirements. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Examples may include:
1. Public health and safety issues. We can share health information about you for certain situations such as:
2. Research purposes. We may share health information to assist in research related to the evaluation or certain treatments or the prevention of disease, if the research study meets federal privacy law requirements.
3. Compliance with the law. We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
4. Respond to organ and tissue donation requests. We may share health information about you with organ procurement organizations to facilitate donation and/or transplantation.
5. Work with a medical examiner or funeral director. We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
6. Respond to workers’ compensation inquiries as authorized by, or to the extent necessary to comply with, state workers compensation laws that govern job-related injuries or illnesses.
7. Law enforcement for limited purposes such as to locate a missing person or report a crime.
8. Response to an inquiry from any health oversight agencies for activities authorized by law, such as licensure, governmental audits and fraud and abuse investigations.
9. For special government functions such as military, national security, and presidential protective services.
10. Respond to any judicial or administrative proceeding such as response to a court order, search warrant, or subpoena.
11. To avoid a serious threat to the health or safety of you, another person, or the public for example disclosing information to public health agencies or law enforcement, or in the event of an emergency.
12. To our business associates that perform functions on our behalf or provide us with services if the health information is necessary for said functions or services. Our business associates are required, by federal law and pursuant to our contract with them, to protect the privacy of your PHI. They may not disclose or otherwise use your PHI except as specified in our contract and as permitted by law.
• We are required by law to maintain the privacy and security of your protected health information.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
• We must follow the duties and privacy practices described in this notice and give you a copy of it.
• We will not use or share your information other than as described herein unless you give prior written authorization. If you have provided such written authorization you may change your mind at any time and revoke said authorization. Provide us written notice of your revocation at the address provided herein. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
Compliance with Certain State Laws
When we use or disclose your PHI as described in this Notice, or when you exercise certain of your rights set forth in this Notice, we may apply state laws about the confidentiality of health information in place of federal privacy regulations. We do this when these state laws provide you with greater rights or protection for your PHI. For example, some state laws dealing with mental health records may require your express consent before your PHI could be disclosed in response to a subpoena. Another state law prohibits us from disclosing a copy of your record to you until you have been discharged from our hospital. When state laws are not in conflict or if these laws do not offer you better rights or more protection, we will continue to protect your privacy by applying the federal regulations.
Additional Restrictions on Use and Disclosure
Certain federal and state laws may require special privacy protections that restrict the use and disclosure of certain health information, including highly confidential information about you. “Highly Confidential Information” may include confidential information under Federal laws governing alcohol and drug abuse information and genetic information as well as state laws that often protect the following types of information: (i) HIV/AIDS; (ii) mental health; (iii) genetic tests; (iv) alcohol and drug abuse; (v) sexually transmitted diseases and reproductive health information; and (vi) child or adult abuse or neglect, including sexual assault. If use or disclosure of health information described above in this Notice is prohibited or materially limited by other laws that may apply to us, it is out intent to meet the requirements of the more stringent law.