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Privacy Policy
This
Notice becomes effective on April 14, 2003.
We
are required by law to maintain the privacy of your protected health
information. We are obligated to provide you with a copy of this Notice of
our legal duties and our privacy practices with respect to protected
health information and we must abide by the terms of this notice. We
reserve the right to change the provisions of our Notice and make the new
provisions effective for all protected health information that we
maintain. If we make a material change to our Notice, we will mail a
revised Notice to the address that we have on record for you.
The
following is a description of how we are most likely to use and/or
disclose your protected health information. Where state law provides
additional restrictions on how we can use and disclose information, we
will follow applicable state laws.
You
may complain to us if you believe that we have violated your privacy
rights. You may file a complaint with us in writing to: American Diabetic
Supply, Inc., HIPPA Compliance, 400 S. Atlantic Avenue, Suite 108, Ormond
Beach, FL 32141.
You
may also file a complaint with the Secretary of the U.S. Department of
Health and Human Services. Complaints filed directly with the Secretary
must:
1)
be in writing 2) contain the name of the entity against which the
complaint is lodged 3) describe the relevant problems and 4) be filed
within 180 days of the time you became aware of the problem.
We
will not penalize or in any way retaliate against you for filing a
complaint with the Secretary or us.
Payment
and Health Care Operations
We
have the right to use and disclose your protected health information for
all activities that are included within the definitions of “payment”
and “health care operations” as set out in 45 C.F.R. section 164.501
(this provision is a part of what is known as “the HIPPA Privacy
Regulations). We have not listed in this Notice all of the activities
included within these definitions, so please refer to 45 C.F.R. section
164.501 for a complete list.
Payment
We
will use or disclose your protected information to fulfill our
responsibilities for coverage and providing benefits under your policy.
For example, we may disclose your protected health information when a
provider requests information regarding your eligibility for coverage
under our health plan, or we may use your information to determine if a
treatment that you received was medically necessary.
Health Care Operations
We
will use or disclose your protected health information to support our
business functions. These functions include, but are not limited to:
quality assessment and improvement, reviewing provider performance,
licensing, business planning and business development. For example, we may
use your information (i) to respond to a customer service inquiry from you
(ii) to review the quality of medical services being provided to you, or
(iii) to conduct audits or medical review of claims activity.
Business Associates
We
contract with individuals and entities (known as “business
associates”) to perform various functions on our behalf or to provide
certain types of services. Some of the functions they provide are
administering claims and policy service support. To perform these
functions or to provide the services, business associates will receive,
create, maintain, use or disclose protected health information, but only
after we require the business associates to agree in writing to contract
terms designed to appropriately safeguard your information.
Other Possible Uses and
Disclosures of Protected Health Information
We
may disclose your protected health information in other ways, which law
permits us to. Those ways may include health oversight activities; as
required by law; in connection with public health activities; abuse or
neglect reports required by governmental authorities; legal proceedings;
law enforcement; coroners, medical examiners, funeral directors, and organ
donations; research; military activity and national security; in
connection with an inmate of a correctional institution; worker’s
compensation; or to others involved in your health care.
Required
Disclosures of your Protected Health Information
The
following is a description of disclosures that we are required by law to
make.
Disclosures to the Secretary of the U. S.
Department of Health and Human Services
We
are required to disclose your protected health information to the
Secretary if the U. S. Department of Health and Human Services when the
Secretary is investigating or determining our compliance with the HIPPA
Privacy Regulations.
Disclosures to You
We
are required to disclose to you most of your protected health information
in a “designated record set” when you request access to this
information. Generally, a “designated record set” contains medical and
billing records, as well as other records that are used to make decisions
about your health care benefits. We also are required to provide, upon
request, an accounting of many disclosures of your protected health
information that are for reasons other than payment and health care
operations.
Other
Uses and Disclosures of Your Protected Health Information
Other
uses and disclosures of your protected health information that are not
described above will be made only with your written authorization. If you
provide us with such an authorization, you may revoke the authorization in
writing, and this revocation will be effective for future uses and
disclosures of protected health information. However, the revocation will
not be effective for the information that we already have used or
disclosed in reliance
on
your authorization.
Your
Rights
You
have the right to request a restriction on the protected health
information we use or disclose bout you for payment or health care
operations.
We
are not required to agree to any restriction that you may request. If we
do agree to the restriction, we will comply with the restriction unless
the information is needed to provide service to you under the policy.
You
may request a restriction in writing. In your request tell us (1) the
information whose disclosure you want to limit and (2) how you want to
limit our use and/or disclosure of the information.
Right
to Request Confidential Communications
If
you believe that a disclosure of all or part of your protected health
information may endanger you, you may request in writing that we
communicate only with you regarding your information in an alternative
manner or at an alternative location.
In
your request tell us (1) the parts of your protected health information
that you want us to communicate with you in an alternative manner or at an
alternative location and (2) that the disclosure of all or part of the
information in a manner inconsistent with your instructions would put you
in danger.
Right
to Inspect and Copy
You
have the right to inspect and copy your protected health information that
is contained in a “designated record set.” Generally, a “designated
records set” contains medical and billing records, as well as other
records that are used to make decisions about your health care benefits.
However, you may not inspect or copy psychotherapy notes or certain other
information that may be contained in a designated record set.
To
inspect and copy your protected health information that is contained in a
designated record set, you must submit your request in writing. 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 and copy your protected health
information in certain limited circumstances. If you are denied access to
your information, and you request that the denial be reviewed, we will
review your request.
Right
to Amend
If
you believe that your protected health information is incorrect or
incomplete, you may request in writing that we amend your information.
Your request should include the reason the amendment is necessary.
In
certain cases, we may deny your request for an amendment. For example, we
may deny your request if the information you want to amend is not
maintained by us, but by another entity. If we deny your request, you may
have the right to file a statement of disagreement with us. Your statement
of disagreement will be linked with the disputed information and all
future disclosures of the disputed information will include your
statement.
Right
of Accounting
You
have a right to request in writing an accounting of most disclosures of
your protected health information that are for reasons other than payment
or servicing your policy. An accounting will include the date(s) of the
disclosure to whom we made the disclosure, a brief description of the
information disclosed, and the purpose for the disclosure.
You
request may be for disclosures made up to 6 years before the date of your
request, but in no event, for disclosures made before April 14, 2003. The
first list you request within a 12-month period will be free. 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
your request at the time before any costs are incurred.
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