NOTICE OF PRIVACY PRACTICES
Effective Date: 9/1/2021
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.
If you have any questions about this Notice of Privacy Practices (“Notice”), please contact:
Genesis Laboratory Management Privacy Officer c/o Laboratory Manager
Phone Number: 732-389-1530
Section A: Who Will Follow This Notice?
This Notice describes Genesis Laboratory Management, LLC (hereafter referred to as “Genesis”, “We”, “Our” or “Us”) Privacy Practices and that of any workforce member authorized to create health care information referred to as Protected Health Information (“PHI”) which may be used for purposes such as treatment, payment and healthcare operations. These workforce members may include:
- All departments and units of the Provider;
- Any member of a volunteer group;
- All employees, staff and other Provider personnel; and/or
- Any entity providing services under Genesis’s direction and control will follow the terms of this Notice. In addition, these entities, sites and locations may share health care information with each other for treatment, payment or healthcare operational purposes described in this Notice.
Section B: Our Pledge Regarding Medical Information.
We understand that health care information about you and your health is personal and confidential. We are committed to protecting your health care information. We create a record of the services you receive from Us. We need this record to provide you with services requested by your provider from Us and to comply with requirements that are imposed by law. This Notice applies to all of the records related to your care generated or maintained by the Us, whether made by Us or your personal health care provider.
This Notice will tell you about the ways in which We may Use and disclose your PHI. We also describe rights and certain obligations you may have regarding Our Use and disclosure of health care information.
We are required by law to:
- Make sure that PHI that identifies you is kept private;
- Give you this Notice of Our legal duties and privacy practices with respect to health care information about you; and
- Follow the terms of the Notice that is currently in effect
Section C: How We May Use and Disclose Medical Information About You.
The following categories describe different ways that We Use and disclose PHI. For each category of Uses or disclosures We will explain to you what We mean and try to give you some examples. Not every Use or disclosure in a category will be listed. However, all of the ways We are permitted to Use and disclose PHI will fall within one of the following categories.
- Treatment. We may Use health care information about you to provide you with health care treatment or services. We may disclose health care information about you to doctors, nurses, technicians, health care students, or other Provider personnel who are involved in taking care of you at Genesis. For example, a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to tell the dietitian if you have diabetes so that We can arrange for appropriate meals. Different departments of Genesis also may share health care information about you in order to coordinate different items,such as prescriptions, lab work and x-rays. We also may disclose health care information about you to people outside Genesis who may be involved in your health care after you leave the Provider.
- Payment. We may Use and disclose PHI about you so that the services you receive by Genesis may be billed and payment may be collected from you, your insurance company or a third-party. For example, We may need to give your health insurance plan information about the care provided by your health care provider so your health plan will pay Us or provide you with payment for the procedure, which you are in turn to remit payment to Us in full. We may also tell your health plan about a prescribed treatment plan in order to obtain prior approval or to determine whether your plan will cover the services We provide.
- Healthcare Operations. We may Use and disclose PHI about you for Our operations. These Uses and disclosures are necessary to run Genesis and make sure that all of Our patients receive quality service. For example, We may Use health care information, including PHI to review how We provide services and to evaluate the performance of Our staff in providing those services. We may also combine health care information including PHI about many patients to aid Us in deciding what additional services We should offer, what services are no longer needed, and whether certain new services are appropriate and therefore, making a particular service obsolete. We may also disclose your health care information containing PHI that has been “de-identified” (meaning health care information is provided in such a manner as to not allow the recipient to be able to trace any such information back to you) to doctors, nurses, technicians, health care students, and other health care providers for review and learning purposes. We may also combine PHI and other health care information that We have with health care information from other health care providers to compare how We are doing and see where We can make improvements in the services We offer. We may also remove information that identifies you from this data set of health care information so others may Use it to study health care and health care delivery without learning a patient’s identity.
- Appointment Reminders. We may Use and disclose health care information to contact you as a reminder that you have an appointment with Us so that We can provide services to you.
- Authorizations Required. We will not Use your protected health information for any purpose that is not specifically allowed by Federal or State laws or regulations without your written authorization, this includes Uses of your PHI for marketing or sales activities.
- Emergencies. We may Use or disclose your health care information to health care providers if you need emergency treatment or if We are required by law but are unable to obtain your consent. If this happens, We will try to obtain your consent as soon as We reasonably can after you have been treated.
- Psychotherapy Notes. In the event Our records include Psychotherapy notes, they will be are afforded strict protections under several laws and regulations. Therefore, We will disclosure any such psychotherapy notes only upon your written authorization, with limited exceptions.
- Communication Barriers. We may Use and disclose your health care information in the event We have been unable to obtain your consent because of a substantial communication barrier, and We believe you would want Us to provide those services to you if We could communicate with you.
- Individuals Involved in Your Care or Payment for Your Care. We may release your health care information, including PHI about you to a friend or family member who is involved in your health care so long as you or your power of attorney has so indicated. We may also give health care information including PHI to someone who helps pay for your care, unless you object in writing and ask Us not to provide this information to specific In addition, We may disclose health care information including PHI about you to an entity assisting in a disaster relief effort so that your family can be so notified about your condition, status and location.
- Research. Under certain circumstances, We may use and disclose health care information about you for research purposes. For example, a research project may involve comparing the health status and recovery of all patients who received a particular medication to those who received another medication being Used to treat the same or for a similar health care condition. All research projects, however, are subject to a special approval process. This process evaluates a proposed research project and its Use of health care information, trying to balance the research needs with patients’ need for privacy of their health care information. Before We Use or disclose health care information for research, any such project will have been approved through this research approval process, but We may, however, disclose certain de-identified health care information about you to people preparing to conduct a research project, for example, to help them look for patients with specific health care needs, so long as the health care information they review does not leave your health care provider. Either your health care provider or We will ask for your specific permission if the researcher will be seeking access to your PHI, or will be involved in your care at your health care provider.
- As Required By Law. We will disclose health care information, including PHI about you when required to do so by federal, state or local law.
- To Avert a Serious Threat to Health or Safety. We may Use and disclose health care information about you when necessary to prevent a serious threat or risk to your health and safety or the health and safety of the public or another person. Any disclosure, however, will be in accordance with federal, state and local laws.
- E-mail Use. E-mail will only be Used pursuant to Genesis’ current email policies and practices and with your permission. The Use of secured and/or encrypted e-mail will be Used whenever possible.
Section D: Special Situations.
- Organ and Tissue Donation. If you are an organ donor, We may release health care information, including PHI to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.
- Military and Veterans. If you are a member of the armed forces, We may release health care information, including PHI about you as required by military command authorities. We may also release health care information about foreign military personnel to the appropriate foreign military authority.
- Workers’ Compensation. We may release health care information including PHI about you to workers’ compensation or similar programs.
- Public Health Risks. We may disclose health care information about you for public health activities. These activities generally include the following:
- to prevent or control disease, injury or disability;
- to report births and deaths;
- to report child abuse or neglect;
- to report reactions to medications or problems with products;
- to notify people of recalls of products they may be Using;
- to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and
- to notify the appropriate government authority if We believe a patient has been the victim of abuse, neglect or domestic We will only make this disclosure if you agree or when required or authorized by law.
- Health Oversight Activities. We may disclose health care information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.
- Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, We may disclose health care information about you in response to a court or administrative order. We may also disclose health care information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request so you may, if it is your choosing to obtain an order protecting the information requested.
- Law Enforcement. We may release health care information, including PHI if asked to do so by a law enforcement official:
- in response to a court order, subpoena, warrant, summons or similar process;
- to identify or locate a suspect, fugitive, material witness, or missing person;
- about the victim of a crime if, under certain limited circumstances, We are unable to obtain the person’s agreement;
- about a death We believe may be the result of criminal conduct;
- about criminal conduct at a provider; and
- in emergency circumstances, to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.
- Coroners, Medical Examiners and Funeral Directors. We may release health care information to a coroner or health care This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release health care information about you to funeral directors as necessary to carry out their duties.
- National Security and Intelligence Activities. We may release health care information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
- Protective Services for the President and Others. We may disclose health care information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.
- Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, We may release health care information about you to the correctional institution or law enforcement official. This release would be necessary for the institution to provide you with health care, to protect your health and safety or the health and safety of others, or for the safety and security of the correctional institution.
Section E: Your Rights Regarding Medical Information About You
You have the following rights regarding health care information We maintain about you:
- Right to Access, Inspect and Copy. You have the right to timely access to inspect, receive copies of and direct copies be sent to third parties of the health care information that may be Used to make decisions about your care, with a few exceptions. Usually, this includes health care and billing records, but may not include psychotherapy notes. If you request a copy of the information, We may charge a fee for the costs of copying, mailing or other supplies associated with your request. We may deny your request to inspect, receive or direct copies be sent of your health care information in certain very limited If you are denied access to health care information, in some cases, you may request that the denial be reviewed. Another licensed health care professional chosen by the Provider will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
- Right to Amend. If you feel that health care information, We have about you is incorrect or incomplete, you may ask Us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the Provider. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the In addition, We may deny your request if you ask Us to amend information that:
- Was not created by Us, unless the person or entity that created the information is no longer available to make the amendment;
- Is not part of the health care information kept by or for the Provider;
- Is not part of the information which you would be permitted to inspect and copy; or
- Is accurate and complete.
- Right to an Accounting of Disclosures. You have the right to request an “Accounting of Disclosures”. This is a list of the disclosures We make of health care information about Your request must state a time period which may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you want the accounting (for example, on paper or electronically, if available). The first accounting you request within a twelve (12) month period will be complimentary. For additional lists, We may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.
- Right to Request Restrictions. You have the right to request a restriction or limitation on the health care information We Use or disclose about you, understanding that We have the right to Use PHI for the purpose of billing for and receiving payment for the services We provided to you. You also have the right to request a limit on the health care information We disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that We not Use or disclose information about you. In your request, you must tell Us what information you want to limit, whether you want to limit Our Use, disclosure or both, and to whom you want the limits to apply (for example, disclosures to your spouse). We are not required to agree to these types of requests. We will not comply with any requests to restrict Use or access of your health care information for the purposes of services requested by your health care provider.
You also have the right to restrict Use and disclosure of your health care information about a service or item for which you have paid out of pocket, for payment (i.e., health plans) and operational (but not treatment) purposes, if you have completely paid your bill for this item or service. We will not accept your request for this type of restriction until you have completely paid your bill (meaning your account has a zero balance) for this item or service. We are not required to notify other healthcare providers of these restrictions, that is your responsibility.
- Right to Receive Notice of a Breach. We are required to notify you by first class mail or by email (if you have indicated a preference to receive information by email), of any breaches of Unsecured Protected Health Information as soon as possible, but in any event, no later than 60 days following the discovery of the breach. “Unsecured Protected Health Information” is information that is not secured through the Use of a technology or methodology identified by the Secretary of the U.S. Department of Health and Human Services to render the Protected Health Information unusable, unreadable, and undecipherable to unauthorized Users. The Notice is required to include the following information:
- a brief description of the breach, including the date of the breach and the date of its discovery, if known;
- a description of the type of Unsecured Protected Health Information involved in the breach;
- steps you should take to protect yourself from potential harm resulting from the breach;
- a brief description of actions We are taking to investigate the breach, mitigate losses, and protect against further breaches;
- contact information, including a toll-free telephone number, e-mail address, Web site or postal address to permit you to ask questions or obtain additional information.
- In the event the breach involves 10 or more patients whose contact information is out of date We will post a Notice of the breach on the home page of Our Website or in a major print or broadcast media. If the breach involves more than 500 patients in the state or jurisdiction, We will send Notices to prominent media outlets. If the breach involves more than 500 patients, We are required to immediately notify the Secretary or the Region Office of the Office of Civil Rights for the U.S. Department of Health and Human Services. We also are required to submit an annual report to the Secretary of a breach that involved less than 500 patients during the year and will maintain a written log of breaches involving less than 500 patients.
- Right to Request Confidential Communications. You have the right to request that We communicate with you about health care matters in a certain way or at a certain location. For example, you can ask that We only contact you at work or by hard copy or e-mail. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.
- Right to a Paper Copy of This Notice. You have the right to a paper copy of this Notice. You may ask Us to give you a copy of this Notice at any time. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this Notice. You may obtain a copy of this Notice at Our Website: www.labofchoice.com
To exercise the above rights, please contact the individual listed at the top of this Notice to obtain a copy of the relevant form you will need to complete to make your request.
Section F: Changes to This Notice
We reserve the right to change this Notice. We reserve the right to make the revised or changed Notice effective for health care information We already have about you as Well as any information We receive in the future. We will post a copy of the current Notice. The Notice will contain on the first page, in the top right-hand corner, the effective date. In addition, each time We provide services on your behalf, We will offer you a copy of the current Notice in effect.
Section G: Complaints
If you believe your privacy rights have been violated, you may file a complaint with (a) Us, or (b) the Secretary of the Department of Health and Human Services; http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html. To file a complaint with Us, contact the individual listed on the first page of this Notice. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
Section H: Other Uses of PHI
Other Uses and disclosures of health care information not covered by this Notice or the laws that apply to Us will be made only with your written permission. If you provide Us with your permission to Use or disclose health care information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, We will no longer Use or disclose health care information about you for the reasons covered by your written authorization. You understand that We are unable to take back any disclosures We have already made with your permission, and that We are required to retain Our records of the care that We provided to you.
Section I: Organized Healthcare Arrangement
Genesis and other health care providers affiliated with Us have agreed, as permitted by law, to share your health information among Ourselves for purposes of providing service, payment or health care operations. This enables Us to better address your health care needs.
Original Effective Date: September 1, 2022; References §164.520(c)(2)