Notice of Privacy Practices
This notice describes how your medical information may be used and disclosed and how you can access this information.
Introduction: Valley Independent Pharmacies understands that respect for your privacy is the foundation of our relationship and we are committed to protecting your protected health information (PHI). We will only use or disclose your PHI as necessary to provide you with healthcare products and services or as required by state or federal law. PHI is any information that we possess, use and disclose that identifies you or relates to your past, current or future physical/mental health condition or illness and the healthcare products or services that have been provided to you. Protecting your privacy is our priority and your PHI will only be used as described in this Notice. Should a need arise for use or disclosure of your PHI that is not described in this notice, we will obtain written authorization from you before releasing this information. We reserve the right to change this notice any time.
Your Rights with Respect to Your PHI: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides you with the following rights relative to your PHI. You have the right to:
1. Receive the written Notice of Privacy Practices describing how we will protect your PHI and your rights related to PHI. You may receive this Notice at any time.
2. Request a limitation on our use and disclosure of your PHI, but please note that we may not be able to comply with your request on limitations if it results in our not being able to provide health care products or services to you if we are required to use and disclose certain PHI under federal or state law. All requests for limits on the use and disclosure of your PHI must be submitted to the Pharmacy Privacy Officer in writing using a form that we will provide to you.
3. Review or receive photocopies of records that contain your PHI, to the extent that these records are part of a designated record set as defined by HIPAA. You can review your records free of charge during regular business hours; however, we may charge you a reasonable fee for photocopies of the records, together with any expenses for mailing, faxing or extensive personnel time required to fulfill your request. If we are unable to provide your records to you, we will provide you with a written explanation.
4. Request changes in the content of the PHI contained in our records where you believe the content is incomplete, inaccurate or for some other reason needs to be changed. We may not be able to comply with this request if the records are no longer available or the request would cause your PHI to become inaccurate. If we are not able to agree to your requested change, you will be notified in writing.
5. Request that we communicate with you about your PHI in a confidential manner and only to locations (such as a P.O. Box) or by means specified by you. All requests for confidential communication must be submitted in writing to the Privacy Officer and mailed to the address above.
6. File a complaint if you believe that we have violated your rights as described above with no fear of retaliation or adverse action by us against you for exercising your right. You can file the complaint with us directly or with the United Sate Department of Health and Human Services (HHS). Please be assured that we will work with you to resolve any complaint.
7. Request an “accounting of disclosures.” This is a list of certain disclosures we made of medical and billing information about you, except for those disclosures to carry out treatment, payment, or health care operations, disclosures made to you, disclosures you have authorized, or certain other disclosures. To request an accounting of disclosures, you must submit your request in writing to the Pharmacy Privacy Officer at the address above. Your request must state a time period, which may not be longer than six (6) years and may not include dates before April 14, 2003. The first list you request within a 12-month period will be free. We may charge you for the costs of providing additional lists.
Ways That We May Use and Disclose Your PHI: The following categories describe different ways we use and disclose medical and billing information. Not every use or disclosure will be listed, but all of the ways we are permitted to use and disclose PHI will fall within one of the categories.
1. TREATMENT: HIPAA defines treatment as “the provision, coordination or management of health care and related services by one or more health care providers relating to a patient; or the referral of a patient for health care from one provider to another.” We will maintain records that contain your PHI and will use or disclose our PHI as necessary to provide health care products and services to carry out and support your treatment. As a pharmacy, we must use PHI in order to maintain a patient profile for you and dispense your prescriptions. This profile may include information about your medical condition, medications or prescription devices prescribed for you, allergies, birth date, address, phone number, counseling about proper use of medications and insurance information. In order to provide proper treatment, we may discuss your PHI with other health care professionals such as your physician or dentist. Finally, we may disclose PHI to your caregivers to ensure proper treatment.
2. PAYMENT: HIPAA defines payment as the process by which health care providers obtain reimbursement for the health care products or services that were provided to you. Activities related to billing may include claims management, collections and related health care data processing. Depending on who pays for the medication and/or services that we provide you, other activities may include determination of eligibility or coverage, appropriateness of care, utilization review activities, and disclosure to consumer reporting agencies of some or all of the PHI necessary for collection of payment. We may be required to disclose your PHI to public and private health care insurance programs for the purposes of audits, inspections and investigations.
3. HEALTH CARE OPERATIONS: Defined as those active
ties necessary and related to our provision of health care products and services to you. These activities include, but are not limited to, the following;
a. Conducting quality assessment and improvement activities and/or contacting health care providers with information about treatment alternative and related functions that do not include treatment.
b. Conducting medical review, legal services and auditing functions
c. Implementation or execution of general programs or marketing activities.
We will use and disclose your PHI to carry out the above activities as necessary or required, and especially to monitor and improve the quality of the health care products and services that are provided to you by us and other health care professionals. In addition to treatment, payment and health care operations as described above, we may use or disclose PHI as follows:
Individuals Involved in Your Care or Payment for Your Care. Unless you tell us otherwise, we may release medical information about you to a friend or family member who is directly involved in your medical care, and we may give information to someone who helps pay for your care unless otherwise directed by you in writing.
Business Associates. There are some services provided in our organization through contracts with business associates, such as computer services, billing collection services, cleaning and recycling services. When these services are contracted, access to your health information to our business associates may occur in order for these vendors to perform the jobs we’ve asked them to do. We require the business associate to sign business associates agreements and safeguard your information appropriately.
To Avert a Serious Threat to Health or Safety. We may use or disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or other person. Any disclosure would only be necessary as required by public health agencies.
Military Personnel. If you are a member of the armed forces, active or reserve, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.
Workers’ Compensation. We may release medical information about you as necessary to comply with laws related to workers’ compensation or similar programs that provide benefits for work-related injuries or illnesses.
Health Oversight Activities. We may disclose medical information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections, and licensure. For example, these activities are necessary as mandated by the WV Board of Pharmacy, Centers for Medicare and Medicaid Services, etc.
Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court order. We may also disclose PHI in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
Law Enforcement. We may release medical information if asked to do so by a law enforcement official, in response to a court order, subpoena, warrant, summons, etc. or in emergency circumstances to report a crime or help identify the suspect.
Coroners, Medical Examiners and Funeral Directors. We may release medical information to a coroner or medical examiner. This may be necessary, for example, to determine the cause of death.
National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
Other uses of medical information: Other uses and disclosures of medical information not covered by this Notice or the laws that apply to us will be made only with your written authorization. If you authorize us to use or disclose your PHI may revoke that authorization, in writing, at any time. You understand that we are unable to take back any disclosures we have already made and that we are required by state law to retain our records of the care that we provide to you.
State Law Issues. Many states have requirements regarding the mandatory or voluntary reporting of health information for various purposes, such as maintaining records narcotic purchases. Some states have enacted privacy laws respecting the confidentiality of medical information that have requirements different from, and in some cases more stringent than, those described herein. To the extent that an applicable state privacy law imposes requirements that are more restrictive than federal privacy law, the state law will preempt the federal law.
Complaints. If you believe your privacy rights have been violated, you may file a complaint with the facility or with the Secretary of the Department of Health and Human Services. To file a complaint with the facility, contact the Pharmacy Privacy Officer at 840 N. Jefferson St., Lewisburg, WV 24901, phone: 304-645-5547. The Secretary of the Department of Health and Human Services may be contacted at 200 Independence Ave., S.W.; Washington, D.C. 20201 or by phone at 1-877-696-6775.