Notice of Privacy Practices
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
EFFECTIVE DATE OF NOTICE: December 2020
Aiwa Health Inc. DBA Probably Genetic (“Probably Genetic,” “we” or “us”) is required by law to provide individuals with notice of its legal duties and privacy practices with respect to your "Protected Health Information" (defined below). This Notice describes the privacy practices of Probably Genetic, its employees and other personnel.
I. Our responsibility
Probably Genetic and the members of its workforce are committed to protecting the privacy and confidentiality of your personal information, genetic information, and laboratory test results.
Probably Genetic is required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to keep your Protected Health Information confidential. This Notice describes our legal duties and privacy practices, and explains your patient privacy rights. When we use or disclose your Protected Health Information, we are required to abide by the terms of this Notice.
II. What is protected health information
Protected Health Information is your demographic information, medical history, laboratory results, or other health information that is collected, generated, used, and communicated by Probably Genetic to produce genetic testing results for our testing services. Examples of Protected Health Information include your name, date of birth, medical record number, social security number, insurance beneficiary number, and genetic information.
III. How we use and disclose your health information
Your Protected Health Information may be used and disclosed for diagnostic, treatment, healthcare operations, and other purposes permitted or required by law. Probably Genetic may use and disclose your Protected Health Information for the following purposes:
TREATMENT
Your Protected Health Information may be used and disclosed for diagnostic, treatment, healthcare operations and other purposes permitted or required by law. Probably Genetic may use and disclose your Protected Health Information for the following purposes:
HEALTH CARE OPERATIONS
We may use and disclose your Protected Health Information for our healthcare operations. For example, we may use your Protected Health Information to monitor the quality of our testing services and review the competence and qualifications of our laboratory professionals.
PERSONS INVOLVED IN YOUR CARE
We may disclose your Protected Health Information to persons involved in your care, such as a family member, relative, or close friend, unless you object or ask us not to
PERSONAL REPRESENTATIVES
We may disclose Protected Health Information about you to your authorized personal representative, such as a lawyer, administrator, executor or other authorized person responsible for you or your estate.
MINORS' PROTECTED HEALTH INFORMATION
We may disclose Protected Health Information about minors to their parents or legal guardians.
PSYCHOTHERAPY NOTES
While Probably Genetic does not anticipate having access to your psychotherapy notes, Probably Genetic may use or disclose your psychotherapy notes as required by law; for treatment or health care operations; to defend itself in a legal action or other proceeding brought by you; or to avert a serious threat to health or safety. Any other use and disclosure of your psychotherapy notes requires your written authorization.
COMMUNICATIONS ABOUT PRODUCTS AND SERVICES
We may use and disclose your Protected Health Information to contact you about other Probably Genetic products and services which we believe may be of interest to you. Otherwise, any use or disclosure of Protected Health Information for marketing purposes requires your written authorization.
SALE OF YOUR INFORMATION
Probably Genetic will never transfer your Protected Health Information to third parties in exchange for money unless you provide written authorization.
DISCLOSURES TO BUSINESS ASSOCIATES
We may disclose your Protected Health Information to other companies or individuals, known as "Business Associates," who provide services to us. Our Business Associates are required to protect the privacy and security of your Protected Health Information and notify us of any improper disclosure of information.
REQUIRED BY LAW
We must disclose your Protected Health Information when required to do so by any applicable federal, state or local law.
PUBLIC HEALTH ACTIVITIES
We may disclose your Protected Health Information for public health-related activities. Examples include: reporting diseases to authorized public health authorities; public health investigations; or notifying a manufacturer of a product regulated by the U.S. Food and Drug Administration of a possible problem encountered when using the product in our testing process.
HEALTH OVERSIGHT ACTIVITIES
We may disclose your Protected Health Information to a healthcare oversight agency for activities that are authorized by law, such as audits, investigations, inspections and licensure activities. For example, we may disclose your Protected Health Information to agencies responsible for ensuring compliance with the rules of government health programs such as Medicare or Medicaid.
RESEARCH
Under certain circumstances, we may use or disclose your Protected Health Information for research purposes. All research projects at Probably Genetic are subject to review by a committee responsible for ensuring the protection of individual research subjects, appropriate patient authorization, and an adequate plan to safeguard Protected Health Information. In preparation for research, we may review limited Protected Health Information to draft research protocols, to identify prospective research participants, or for similar purposes provided the information is not removed from our premises.
ORGAN OR TISSUE PROCUREMENT
We may disclose Protected Health Information to organ procurement organizations or related entities for the purpose of facilitating organ or tissue donation and transplantation.
CORONERS, MEDICAL EXAMINERS, AND FUNERAL DIRECTORS
We may disclose Protected Health Information to coroners, medical examiners, or funeral directors to identify a deceased patient, to determine cause of death, or other duty authorized by law.
JUDICIAL AND ADMINISTRATIVE PROCEEDINGS
Under certain circumstances, we may disclose your Protected Health Information in the course of a judicial or administrative proceeding in response to a court order, subpoena or other lawful process.
LAW ENFORCEMENT
We may disclose your Protected Health Information to the police or other law enforcement officials as required by law or in compliance with a court order, warrant, subpoena, summons, or other legal process for locating a suspect, fugitive, witness, missing person, or victim of a crime.
THREATS TO HEALTH OR SAFETY
We may disclose Protected Health Information to prevent or reduce the risk of a serious and imminent threat to the health or safety of an individual or the general public.
VICTIMS OF ABUSE, NEGLECT, OR VIOLENCE
If required or authorized by law, we may disclose Protected Health Information to a government agency, such as social services or a protective services agency, if we reasonably believe that an individual adult or child is the victim of abuse, neglect, or domestic violence.
SPECIALIZED GOVERNMENT FUNCTIONS
Under certain circumstances, we may disclose your Protected Health Information to units of the government with special functions, such as the U.S. Military or the U.S. Department of State.
WORKERS COMPENSATION PROGRAMS
We may disclose your Protected Health Information as necessary to comply with requirements of workers' compensation or similar programs that provide benefits for work-related injuries or illness.
FUNDRAISING
We may use your Protected Health Information or disclose your Protected Health Information to business associates to contact you regarding our fundraising activities. You have the right to opt out of receiving fundraising communications.
ALL OTHER USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
We will ask for your written authorization before using or disclosing your Protected Health Information for any purpose not described above. You may revoke your authorization, in writing, at any time, except for disclosures that the company has already acted upon. A revocation of authorization must be submitted to the Privacy Officer at the address listed in Section VIII below.
IV. Your rights regarding your medical information
You have the following rights with respect to your Protected Health Information. To exercise any of these rights, please contact our Privacy Officer using the contact information provided at the end of this Notice.
ACCESS TO PROTECTED HEALTH INFORMATION
You or your authorized or designated personal representative has the right to inspect and copy the Protected Health Information maintained by us. We may deny access to certain information for specific reasons, for example, if the access requested is reasonably likely to endanger the life or safety of you or another person. If your request for information is denied, you may request that the denial be reviewed.
RESTRICTIONS ON USES AND DISCLOSURES
You have the right to request restrictions on our use and disclosure of your Protected Health Information. While we will consider all requests for additional restrictions carefully, we are not required to agree to a requested restriction except for Payment or Operations restrictions where payment has been made "out-of-pocket" and paid-in-full. If we do agree to a requested restriction, we will notify you in writing.
CONFIDENTIAL COMMUNICATIONS
You have the right to request that we communicate with you about your Protected Health Information by alternative means or to an alternative address. Your request must be in writing and must specify the alternative means or location. We will accommodate reasonable requests for confidential communications.
CORRECT OR UPDATE INFORMATION
If you believe the Protected Health Information we maintain about you contains an error, you may request that we correct or update your information. Your request must be in writing, confirm your identity, and must explain why the information should be corrected or updated. We may deny your request under certain circumstances and provide a written explanation.
ACCOUNTING OF DISCLOSURES
You may request a list, or accounting, of certain disclosures of your Protected Health Information made by us or our business associates for purposes other than treatment, healthcare operations, and certain other activities. The request must be in writing and the list will include disclosures made within the prior six years.
COPY OF NOTICE
Upon request, you may obtain a paper or electronic copy of this Notice.
V. Information breach notification
We are required to notify you following the discovery of a breach of unsecured Protected Health Information, unless there is a demonstration, based on a risk assessment, that there is a "low probability" that the Protected Health Information has been compromised. You will be notified in a timely fashion, no later than 60 days after discovery of the breach.
VI. Questions and complaints
If you have questions or concerns about our privacy practices or would like a more detailed explanation about your privacy rights, please contact our Privacy Officer using the contact information below.
If you believe that we may have violated your privacy rights, you may submit a complaint to our Privacy Officer using the contact information below. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request.
Probably Genetic will not take retaliatory action against you and you will not be penalized in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.
VII. Changes to our notice of privacy practices
We reserve the right to change our privacy practices and the terms of this Notice at any time, provided such changes are permitted by applicable law.
We will promptly post any changes to this Notice on our website at www.probablygenetic.com. Please review this website periodically to ensure that you are aware of any updates.
VIII. Contact information
When communicating with us regarding this Notice, our privacy practices, or your privacy rights, please contact Probably Genetic’s Privacy Officer using the following contact information:
Probably Genetic Privacy Officer
2261 Market Street #4003
San Francisco, CA 94114
contact@probablygenetic.com
©, 2020, Aiwa Health, Inc. All Rights Reserved.
