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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
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