Protected Health Information
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.
Genoptix, Inc. (collectively "Genoptix") is a provider of clinical reference laboratory testing, services and information that is dedicated to the treatment and management of hematologic malignancies. Genoptix is committed to protecting the confidentiality of laboratory test results and other protected health information that we collect or create as a result of our testing activities. We are required by federal law to maintain the privacy of health information that identifies you or that could be used to identify you (known as "Protected Health Information" or "PHI"). PHI is information about you, including basic demographic information, that may identify you and that relates to your past, present or future physical condition and related health care services.
We strongly urge you to read this Notice of Privacy Practices ("Notice") carefully and thoroughly so that you will understand both our commitment to protecting the privacy of your PHI and how you can participate in the protection of this information. If you have any questions about this Notice or other related privacy issues, please phone us at (760) 268-6200, send an email to info@genoptix.com, or write to us at:
Genoptix, Inc.
Attention: HIPAA Privacy Officer
2110 Rutherford Rd.
Carlsbad, CA 92008
This notice is effective as of May 1, 2004.
Genoptix Privacy Policy
Genoptix is committed to obtaining, maintaining, using and disclosing PHI in a manner that protects patient privacy in compliance with all applicable local, state and federal laws and regulations. Genoptix is required by law to abide by the terms of the Notice currently in effect. Your other health care provider(s) may have different notices regarding the use and disclosure of your PHI created by and maintained by them.
Genoptix is required by law to provide you with this Notice of Privacy Practices with respect to PHI, to maintain the privacy of PHI, to state the uses and disclosures of PHI that Genoptix may make, and to list the rights of individuals and other legal duties with respect to the PHI. Your PHI at Genoptix includes personal and medical information (such as your name, address, date of birth, test ordered, etc.) that we obtain from you, your physician, health plan or other sources. Your PHI also includes the laboratory results that we create.
How Genoptix May Use and Disclose Your Protected Health Information
Your PHI will be used or disclosed for treatment, payment or health care operations purposes and for other purposes as permitted or required by law. While we cannot list every possible use or disclosure, all of the ways we use or disclose your PHI will fall into one of the categories listed below.
If we want to use or disclose your PHI for other purposes, we must obtain your written authorization. You have the right to revoke your authorization at any time, except if Genoptix has already made a disclosure based on that authorization.
Treatment
As a health care provider that provides laboratory testing for patients and requested by physicians, Genoptix uses your PHI as part of our testing processes and Genoptix discloses your PHI to physicians and authorized health care professionals who need access to your laboratory results to treat you. In addition to your treating physician, we may provide a consulting specialist physician with information about your results to further validate the results before release to your physician. We may also disclose your PHI to another testing laboratory if we are unable to perform the testing ourselves, and need to refer your specimen to that laboratory to perform the requested testing.
Payment
Our billing department will use and disclose your PHI to certain insurance companies, hospitals, physicians, and health plans for payment purposes, or to third parties to assist us in creating bills, claim forms, or getting paid for our services. For example, we may send your name, date of service, test performed, diagnosis code, and other information to your third party payor so such a third party payor will pay us for the services provided. In some cases, we may have to contact you to obtain billing information or for other billing purposes. When required, we may use an outside collection agency to obtain payment.
Health Care Operations
Genoptix may use or disclose your PHI in the course of activities required to support our health care operations, such as performing quality checks on our testing, or for developing normal reference ranges for tests that we perform. This information will be used in an effort to continually improve the quality and effectiveness of the health care services that we provide. We may also disclose your health information to other health care providers or payors for their health care operations, but only if they already have a relationship with you and the purpose is for quality assurance activities, peer review activities, detecting fraud, or for other limited purposes.
Disclosures to Business Associates
Genoptix may disclose your PHI to other companies or individuals who need your PHI in order to provide specific services to us. These other entities, known as "business associates," must comply with the terms of a contract designed to ensure that they will maintain the privacy and security of the PHI we provide to them or which they create on our behalf. Our business associates must only use your PHI for designated treatment, payment, or health care operations purposes that they perform on our behalf. For example, your PHI may be disclosed to couriers we use to transport specimens to us, or to private accrediting organizations that inspect and certify the quality of our laboratories.
Other Possible Ways We May Use or Disclose Your PHI
To individuals involved in your care or payment for your care: We may disclose your PHI to individuals, such as family members or friends, who are involved or assist in your care. We may also disclose your PHI to individuals who help pay for your medical care.
When required or permitted by law: We may use or disclose your PHI in order to comply with federal or state laws, the orders of a court, or the orders of a governmental agency. We must provide you with copies of your PHI at your request, except where restricted or prohibited by state law.
Public health: We may disclose your PHI to public health authorities for preventing or controlling disease, or reporting vital information. We may disclose your PHI as part of a report of child abuse or neglect. We may disclose your PHI to the FDA with regards to the quality, safety or effectiveness of an FDA-regulated product.
Victims of abuse, neglect or domestic violence: We may disclose your PHI if we believe you may be a victim of abuse, neglect or domestic violence, provided that the disclosure is either required by law or you agree to the disclosure.
Health oversight: We may disclose your PHI to an oversight agency as it relates to governmental oversight, licensure, auditing, and other purposes. Other agencies may audit our billing and laboratory records to verify that the health care was provided as claimed or that we were paid correctly.
Judicial and administrative proceedings: We may disclose your PHI to courts, parties to a lawsuit, or government agencies as may be required during the course of a judicial or administrative proceeding (for example in response to a subpoena).
Law enforcement: We may disclose your PHI to law enforcement officials relating to crimes and other law enforcement purposes.
Decedents: We may disclose your PHI to a coroner or medical examiner for the purpose of identifying a deceased person or determining the cause of death. We may also disclose your PHI to funeral directors as necessary for them to carry out their duties.
Cadaveric organ, eye or tissue donation: If you are an organ donor, we may disclose your PHI to organizations that handle organ procurement or organ, eye or tissue implantation.
Research: We may use or disclose your PHI to researchers whose research has been approved by an institutional review board (IRB) which has reviewed the research proposal and established protocols to ensure the privacy of your PHI.
Specialty government functions: We may disclose your PHI for military and veteran's activities, national security or intelligence purposes, protective services for the President or others, or if you are an inmate, to correctional institutions, or law enforcement officials having custody over you.
Workers compensation: We may disclose your PHI as necessary to comply with the requirements of worker's compensation or similar programs that provide benefits for work-related injuries or illness without regard to fault.
Sale of Business Assets: We may disclose your PHI to a third party in conjunction with the sale of our company or certain assets belonging to our company.
Your Rights Concerning Privacy and Confidentiality
Although your health record is technically the property of the health care practitioner or facility that has compiled it, you have certain rights relating to your health information.
Access: You or your authorized or designated personal representative have the right to inspect and copy your PHI. Genoptix will deny access to certain information for specific reasons such as when your state law is more restrictive than federal law. Under the laws of the state of California, where we are located, we are not permitted to provide your PHI to you directly, even with your consent. We are only permitted to release your laboratory results to licensed personnel under the provisions of the law relating to the healing arts. We can only provide your PHI to your physician if he or she requests such information on your behalf or in compliance with a valid subpoena or court order to disclose your PHI.
Amendments: If you have reason to believe that your PHI is incomplete or incorrect, you have the right to request amendments to your PHI, although we are not required to make the requested amendments.
Accounting: You have the right to obtain an accounting of disclosures of your health information for purposes other than treatment, payment or health care operations, disclosures authorized by you, incidental disclosures and certain other excluded disclosures. Your request must be in writing.
Restrictions: You have the right to ask us if we will agree to restrictions on certain uses and disclosures of your PHI, although we are not required to agree to your request.
Confidential Communications: You have the right to request that we send your PHI to an alternate address, although we are not required to agree to your request.
Notice of Privacy Practices: You have the right to request a paper and/or electronic copy of this Notice.
Complaints: If you believe your privacy rights have been violated, you have the right to register a complaint with Genoptix or the Secretary of the U.S. Department of Health and Human Services. Genoptix will not retaliate against any individual for filing a complaint. You may file a complaint by writing to us at the address provided at the beginning of this Notice.
How to Exercise Your Rights Write to us at the address listed at the beginning of this Notice with your specific written request and be sure to include sufficient information for us to identify all of your records. Genoptix will consider your request and provide you a response within a reasonable timeframe. Should we deny your request, you have the right to ask for the denial to be reviewed by another health care professional designated by Genoptix. For additional details, or for instructions regarding how to exercise these rights, please contact us.
Note Regarding California State Law: In cases where state law is more restrictive than federal law we are required to follow the more restrictive state law. For example, federal regulations specify that clinical laboratories, such as Genoptix, are exempt from the requirements making PHI available to you directly, if providing such access to you is prohibited by law. Under the laws of the state of California, where we are located, we are not permitted to provide your PHI to you directly, even with your consent. We are only permitted to release your laboratory results to licensed personnel under the provisions of the law relating to the healing arts. We can only provide your PHI to your physician if he or she requests such information on your behalf or in compliance with a valid subpoena or court order to disclose your PHI.
You may request a copy of this Notice in electronic and/or paper form by visiting our Website at http://www.genoptix.com/
Genoptix reserves the right to amend this Notice of Privacy Practices at any time to reflect changes in our privacy practices. Any such changes will be applicable to and effective for all PHI that we maintain including PHI we created or received prior to the effective date of this Notice revision.
GENOPTIX WILL POST ANY CHANGES TO OUR NOTICE OF PRIVACY PRACTICES IN A PUBLIC DISPLAY AREA WITHIN OUR LABORATORY FACILITY AT: 2110 RUTHERFORD RD., CARLSBAD, CA 92008, AND ON OUR WEBSITE AT: http://www.genoptix.com/