This Notice of Privacy Practices (the “Notice”) describes how Instituto de Infertilidad y Genética México, S.C. (hereinafter referred to as INGENES or “Hybrid Entity”), may use and disclose your protected health information to carry out treatment, payment or business operations and for other purposes that are permitted or required by law. A Hybrid Entity is an entity that entails a venture of different activities or functions, among others, healthcare functions that a covered entity performs, and also develop some business functions that a covered entity is not able to perform or is not inherent to their activities. Business functions that are not functions a covered entity performs, are referred to as “non-covered functions” or “non-healthcare functions”.
INGENES holds a Business Associate relationship with INGENES SAN DIEGO, INC. and INGENES MCALLEN, P.C. (hereinafter referred to as “Covered Entity or collectively as “Covered Entities”), a conform a single unity of business with purposes of compliance to the Health Insurance Portability and Accountability Act (“HIPAA”). As a single business unity, albeit not under the same control or ownership, have elected to voluntarily substantially comply with the standards set forth in HIPAA. Each covered entity shall publish its Notice of Privacy Practices as set forth in HIPAA.
INGENES will share protected health information with each other for the treatment, payment, and health care operations from covered entities and along with them, and as permitted by HIPAA and this Notice of Privacy Practices. The compliance officer for the single business entity can be reached on [email protected].
This Notice of Privacy Practices (the “Notice”) describes how INGENES SAN DIEGO, INC. (hereinafter referred to as INGENES SAN DIEGO or “Covered Entity”), may use and disclose your protected health information to carry out treatment, payment or business operations and for other purposes that are permitted or required by law under compliance to the Health Insurance Portability and Accountability Act (“HIPAA”).
INGENES SAN DIEGO will share protected health information with other covered entities or business associates for the treatment, payment, and health care operations from covered entities and along with them, and as permitted by HIPAA and this Notice of Privacy Practices. The compliance officer can be reached on [email protected].
This Notice of Privacy Practices (the “Notice”) describes how INGENES MCALLEN, P.C. (hereinafter referred to as INGENES MCALLEN or “Covered Entity”), may use and disclose your protected health information to carry out treatment, payment or business operations and for other purposes that are permitted or required by law under compliance to the Health Insurance Portability and Accountability Act (“HIPAA”).
INGENES MCALLEN will share protected health information with other covered entities or business associates for the treatment, payment, and health care operations from covered entities and along with them, and as permitted by HIPAA and this Notice of Privacy Practices. The compliance officer can be reached on [email protected].
We understand the importance of privacy and are committed to maintaining the confidentiality of your medical information. We make a record of the medical care we provide and may receive such records from others. We use these records to provide or enable other health care providers to provide quality medical care, to obtain payment for services provided to you as allowed by your health plan and to enable us to meet our professional and legal obligations to operate this medical practice properly. We are required by law to maintain the privacy of protected health information, to provide individuals with notice of our legal duties and privacy practices with respect to protected health information, and to notify affected individuals following a breach of unsecured protected health information. This notice describes how we may use and disclose your medical information. It also describes your rights and our legal obligations with respect to your medical information. If you have any questions about this Notice, please contact our Privacy Officer listed above.
TABLE OF CONTENTS
How INGENES May Use or Disclose Your Health Information
This medical practice collects health information about you and stores it in an electronic health record/personal health record. This is your medical record. The medical record is the property of this medical practice, but the information in the medical record belongs to you.
The law permits us to use or disclose your health information for the following purposes:
Treatment. We use medical information about you to provide your medical care. We disclose medical information to our employees and others who are involved in providing the care you need. For example, we may share your medical information with other physicians or other health care providers who will provide services that we do not provide. Or we may share this information with a pharmacist who needs it to dispense a prescription to you, or a laboratory that performs a test. We may also disclose medical information to members of your family or others who can help you when you are sick or injured, or after you die.
INGENES may refer you, the patient, to a third party provider (i.e. dietician, nutritionist, physical therapist, psychotherapist, etc.) for health services related to the patient’s plan of care. Your decision to consult with or receive services from the third party provider is voluntary. In order to provide you with the best care, both INGENES and the third party provider may share your personal and medical information via INGENES’ electronic medical record and only to the extent necessary to effectuate your treatment plan and other permissible purposes as set forth by HIPAA. You have the right to request that either INGENES or the third party provider not share your medical information and you may rescind your consent at any time by emailing INGENES at [email protected]. You may also, at any time, request a copy of your medical record by emailing [email protected] . I have read this permitted disclosure and understand its terms.
Except as described in this Notice of Privacy Practices, this medical practice will, consistent with its legal obligations, not use or disclose health information which identifies you without your written authorization. If you do authorize this medical practice to use or disclose your health information for another purpose, you may revoke your authorization in writing at any time.
Your Health Information Rights
If you would like to have a more detailed explanation of these rights or if you would like to exercise one or more of these rights, contact INGENES at any time by emailing INGENES at [email protected].
USES AND DISCLOSURES REQUIRING YOUR WRITTEN AUTHORIZATION
Use or Disclosure with Your Authorization. For any purpose other than the ones described above, your PHI may be used or disclosed only when you provide your written authorization on an authorization form (“Your Authorization”). For instance, you will need to execute an authorization form before your PHI can be sent to your life insurance company or to the attorney representing the other party in litigation in which you are involved.
Marketing. Your written authorization (“Your Marketing Authorization”) also must be obtained prior to using your PHI to send you any marketing materials. (However, marketing materials can be provided to you in a face-to-face encounter without obtaining Your Marketing Authorization. The Facility and/or Health Professionals are also permitted to give you a promotional gift of nominal value, if they so choose, without obtaining Your Marketing Authorization). The Facility and/or Health Professionals may communicate with you in a face-to-face encounter about products or services relating to your treatment, case management or care coordination, or alternative treatments, therapies, providers or care settings without Your Marketing Authorization.
In addition, the Facility and/or Health Professionals may send you treatment communications, unless you elect not to receive this type of communication, for which the Facility and/or Health Professionals may receive financial remuneration.
Sale of PHI. The Facility and Health Professionals will not disclose your PHI without your authorization in exchange for direct or indirect payment except in limited circumstances permitted by law. These circumstances include public health activities; research; treatment of the individual; sale, transfer, merger or consolidation of the Facility; services provided by a business associate, pursuant to a business associate agreement; providing an individual with a copy of their PHI; and other purposes deemed necessary and appropriate by the U.S. Department of Health and Human Services (HHS).
Uses and Disclosures of Your Highly Confidential Information. In addition, federal and state law require special privacy protections for certain highly confidential information about you (“Highly Confidential Information”), including the subset of your PHI that: (1) is maintained in psychotherapy notes; (2) is about mental illness, mental retardation and developmental disabilities; (3) is about alcohol or drug abuse or addiction; (4) is about HIV/AIDS testing, diagnosis or treatment; (5) is about communicable disease(s), including venereal disease(s); (6) is about genetic testing; (7) is about child abuse and neglect; (8) is about domestic abuse of an adult; or (9) is about sexual assault. In order for your Highly Confidential Information to be disclosed for a purpose other than those permitted by law, your written authorization is required.
Changes to this Notice of Privacy Practices
We reserve the right to amend this Notice of Privacy Practices at any time in the future. Until such amendment is made, we are required by law to comply with the terms of this Notice currently in effect. After an amendment is made, the revised Notice of Privacy Protections will apply to all protected health information that we maintain, regardless of when it was created or received. We will keep a copy of the current notice posted in our reception area, and a copy will be available at each appointment. We will also post the current notice on our website.
Complaints about this Notice of Privacy Practices or how this medical practice handles your health information should be directed to our Privacy Officer listed at the top of this Notice of Privacy Practices.
If you are not satisfied with the manner in which this office handles a complaint, you may submit a formal complaint to: [email protected]
The complaint form may be found at www.hhs.gov/ocr/privacy/hipaa/complaints/hipcomplaint.pdf.
You will not be penalized in any way for filing a complaint.
We must follow the duties and privacy practices described in this Notice. We will maintain the privacy of your protected health information and to notify affected individuals following a breach of unsecured protected health information. If you have any questions about this Notice, please contact INGENES at [email protected].
Please note that your consent is voluntary. You may rescind your consent to any of the above at any time by emailing INGENES, INGENES SAN DIEGO or INGENES MCALLEN at [email protected].
THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA) PROVIDES SOME CALIFORNIA RESIDENTS WITH THE CERTAIN PRIVACY RIGHTS. TO EXERCISE ANY OF THESE RIGHTS, PLEASE CONTACT US AT THE EMAIL ADDRESS OR TELEPHONE NUMBER LISTED BELOW.
1. Information to which the CCPA Applies
The CCPA and the rights explained in this section apply to certain personal information that we may collect from California residents. However, the CCPA does not apply to personal information that we obtain from patients or prospective patients of our practice or their personal representatives for purposes of providing health care services, or obtaining payment for health care services. This health information is protected by the Health Insurance Portability and Accountability Act (HIPAA) and the California Confidentiality of Medical Information Act (CMIA). Our Notice of Privacy Practices describes how we use and disclose health information. The CCPA also does not apply to certain other kinds of information, such as information that is publicly available from government records, and deidentified or aggregate information.
Aside from this excluded information, we have collected the following categories of personal information that is not covered by HIPAA or the CMIA:
2. Right to Know
You have the right to know and see what personal information we have collected about you over the past 12 months, including:
3. Right to Delete
You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
4. Right to Opt-Out of the Sale of Your Personal Information
We do not sell any of your personal information.
5. Right to Non-Discrimination
We will not discriminate against those who exercise their rights under this section. If you exercise your rights, we will not deny you goods or services, charge you different prices or rates for goods or services, or provide you with a different level or quality of goods or services.
6. Other Rights
7. Exercising These Rights
8. Accessing in Alternative Formats
9. Response Time
We aim to respond to a consumer request for access or deletion within 45 days of receiving a verifiable request. If we require more time, we will inform you of the reason and extension period in writing.
10. Do Not Track Symbols
We do not have the capability to respond to “Do Not Track” signals received from various web browsers at this time.
11. How to Contact Us
If you have any questions, comments or concerns about this policy, or if you wish to exercise any rights regarding your personal information, please feel free to contact us by mail at [email protected].
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. This Notice of Privacy Practices describes how INGENES MCALLEN may use and disclose your protected health information (PHI) to carry out treatment, payment or health care operations (TPO) and for your purposes that are permitted or required by law.
It also describes your rights to access and control your protected health information. “Protected health information” is information about you, including demographic information that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.
USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
Your protected health information may be used and disclosed (in paper or electronic form) by your physician, our office staff and others outside of our office that are involved in your care and treatment for the purpose of providing health care services to you, to pay your health care bills, to support the operation of the physician’s practice, and any other use required by law. Except for the following purposes, we will use and disclose your protected health information only with your written permission.
You may revoke such permission at any time by writing to: INGENES MCALLEN, [email protected]. We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party. For example, your protected health information may be provided to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose or treat you.
Payment. Your protected health information will be used, as needed, to obtain payment for your health care services. For example, we would give information about you to your health insurance plan so it will pay for your services.
Healthcare Operations We may use or disclose, as needed, your protected health information in order to support the business activities of your physician’s practice. These activities include, but are not limited to, quality assessment activities, employee review activities, licensing, and conducting or arranging for other business activities. For example, we may disclose your protected health information to externs who observe patient exams at our office. In addition, we may use a sign-in sheet at the registration desk where you will be asked to sign your name. We may also call you by name in the waiting room when your physician is ready to see you. We may use or disclose your protected health information as necessary to contact you to remind you of your appointment. We may use or disclose your protected health information in the following situations without your authorization. These situations include: as required by law, public health issues as required by law, communicable diseases, health oversight, abuse or neglect, Food and Drug Administration requirements, legal proceedings, law enforcement, coroners, funeral directors, and organ donation, research, criminal activity, military activity and national security, Worker’s Compensation, required uses and disclosures.
Under the law, we must make disclosures to you and when required by the Secretary of Department of Health and Human Services to investigate or determine our compliance with the requirements of Section 164.500. Other Permitted and Required Uses and Disclosures will be made only with your consent, authorization or opportunity to object unless required by law.
The following is a statement of your rights with respect to your projected health information. Such requests should be in writing and addressed to: INGENES MCALLEN, [email protected]. You have the right to inspect and copy your protected health information. You have the right to inspect a copy of your medical record, in paper or electronic form. By Texas Medical Privacy Act (HB 300), you may request an electronic or paper copy, and we must provide that within 15 days. Under federal law, however, you may not inspect or copy the following records: psychotherapy notes, information compiled in reasonable anticipation of or use in a civil, criminal or administrative action or proceedings, and protected health information that is subject to law that prohibits access to protected health information.
You have the right to request a restriction of your protected health information This means that you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment, or healthcare operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in the Notice of Privacy Practices.
Your request must state the specific restriction requested and to whom you want the restriction to apply. Your physician is not required to agree to a restriction that you may request. If the physician believes it is in your best interest to permit use and disclosure of your protected health information, your protected health information will not be restricted. You then have the right to use another Healthcare Professional.
You have the right to request to receive confidential communications from us by alternative means or at an alternative location. You have the right to obtain a paper copy of this notice from us, upon request, even if you have agreed to accept this notice alternatively, i.e., electronically. You have the right to have your physician amend your protected health information. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.
You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information.
Complaints You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our privacy contact of your complaint. We will not retaliate against you for filing a complaint.
Changes to this notice We may change this notice and make it effective for medical information we already have about you, as well as new information. The current notice will be posted and available at all times. You have a right to request a paper copy of the current notice at any visit or by written request.