Resolution Bioscience

How we use personal information

Principle

This notice describes the methods of handling sensitive and/or personal medical information in the Resolution Bioscience laboratory facility.

Our Pledge Regarding Medical Information

We understand that medical information about patients and their health is personal. We are committed to securing all protected health information. We create a record of the care and services you receive from Resolution Bioscience. We need this record to provide patients with quality care and to comply with certain legal requirements. This notice applies to all the records of patient care known as protected health information (PHI), generated by Resolution Bioscience. PHI includes any information, whether oral or recorded, that (i) relates to a patient’s past, present or future physical or mental condition, (ii) the provision of health care to a patient, or (iii) the past, present, or future payment for the provision of health care to patients.

This notice describes the ways in which Resolution may use and disclose a patient’s PHI. We also describe the rights and certain obligations we have regarding the use and disclosure of protected health information.

Make sure that protected health information that identifies a patient is kept private,
Make available this notice of our legal duties and privacy practiceswith respect to any patient’s protected health information, and
Comply with the currently effective terms of this notice.

How We May Use and Disclose Medical Information

The following categories describe different ways that we use and disclose protected health information. This list is not exhaustive. Therefore, not every use or disclosure in a category will be listed.

Uses and disclosures that may be made without patient authorization

For treatment. We may use PHI about a patient to provide a patient with medical treatment or services. Resolution may also share PHI about patients to coordinate various tests they may need. We may also disclose PHI about a patient to people who may be involved in their medical care, such as other health care providers rendering services. For example, a doctor treating a patient may need to know the results of prior lab testing services to assist in making treatment decisions.
For payment. We may use and disclose PHI about a patient so that the services they receive from Resolution may be billed and payment may be collected. For example, we may need to give a patient’s health plan information about professional services they received so that the health plan will pay Resolution or reimburse the patient for the professional services.
For Health Care Operations. We may use and disclose PHI about patients for health care operations. These uses and disclosures are necessary to make sure the patient receives quality care. For example, we may use PHI to review our services and to evaluate the performance of our staff in providing services. We may also disclose information to doctors, nurses, technicians, medical students, and other health care personnel for review and learning purposes. We may remove information that identifies patients from this set of data so that others may use it to study health care and health care delivery without learning identifying information of specific patients.
For Business Associates. It may be necessary for Resolution Bioscience to disclose PHI to outside people or organizations, known as business associates, which perform services on Resolution’s behalf pursuant to agreements or contract. Business associates are subject to the limitations described in this Notice regarding use or disclosure of patient PHI and are required by law to appropriately safeguard the privacy of patient PHI.

Individuals involved in your care or payment for your care. We may release PHI to a friend or family member who is involved in your medical care. We may also give information to someone who helps pay for your care. In addition, we may disclose PHI to an entity assisting in an emergency so that your family can be notified about your condition, status and location.
Public Health Activities. We may disclose PHI for public health activities. For example, we may be required to report certain diseases, injuries, births, deaths, or oversight of an activity or product subject to the jurisdiction of the Food and Drug Administration (“FDA”). We may also be required to report information to a governmental authority if we believe an individual is the victim of abuse, neglect, or domestic violence.
Health Oversight Activities. We may disclose PHI to a health oversight agency for activities authorized by law. These oversight activities include audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.
Data Breach Notification. We may disclose PHI for data breach notification purposes to issue legally required notices of unauthorized access to or disclosure of your PHI.
Lawsuits and Disputes. If you are involved in a lawsuit or dispute, we may disclose PHI in response to a court or administrative 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 PHI if asked to do so by a law enforcement official:
- In response to a court order, subpoena, warrant, summons or similar process; to identify or locate a suspect, fugitive, material witness, or missing person;
- About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement;
- About a death we believe may be the result of criminal conduct;
- In emergency circumstances to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.
- Coroner or Medical Examiner. This may be necessary to identify a deceased person or determine the cause of death.
- Organ and Tissue Donation. If you are an organ donor, we may release PHI to organizations that handle organ procurement or organ, eye, or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.
- Research. Under certain circumstances, we may use and disclose PHI for research purposes. For example, a research project may involve laboratory testing services and correlation of these results with patient outcomes. All research projects are subject to a special approval process. This process evaluates a proposed research project and its use of medical information, trying to balance the research needs with the patient’s need for privacy of their PHI.
- To avert a serious threat to health or safety. We may use and disclose PHI when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure would only be to someone able to help prevent the threat (ie, Department of Health)
- Military and Veterans. If you are a member of the armed forces, we may release PHI as required by military command authorities. We may also release PHI about foreign military personnel to the appropriate foreign military authority.
- Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care, (2) to protect your health and the safety of others, (3) for the safety and security of the correctional institution.
- Workers’ Compensation. We may release PHI for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.

Uses and disclosures that require patient authorization

Marketing. We are prohibited from using or disclosing PHI without your signed authorization for communications regarding treatment alternatives or other health-related products or services if we receive payment from a third party for marketing their products or services. Our business associates are required to request from you, separate authorization for their marketing communications.

Sale of PHI. We are prohibited from using or disclosing PHI for remuneration (ie, money or items of value) without your signed authorization.

Other Uses and Disclosures of PHI. We will not use or disclose PHI for any other purpose unless you have provided us with a signed authorization for that use or disclosure. Unless we have taken action in reliance on your authorization, you have the right to revoke an authorization you have already given if your revocation is in writing and signed by you.

Your Rights Regarding Medical Information about You

Right to Inspect and Copy PHI

You have the right to submit a written request to inspect and copy PHI that may be used to make decisions about your care. You may also request in writing that we send a copy of your PHI to another person or entity (eg, a treating physician). Generally this information includes medical and billing records, but does not include (1) psychotherapy notes, (2) information prepared in anticipation of or for use in a civil, criminal, or administrative action, and (3) protected health information maintained by a covered entity that is (a) subject to the Clinical Laboratory Improvement Amendments (“CLIA”) of 1988, 42 U.S.C 263a, if access to the individual would be prohibited by law, or (b) exempt from CLIA pursuant to 42 CFR 493.3(a)(2).

To inspect and/or copy protected health information maintained by Resolution, you must submit your request in writing to the Privacy Officer at the address listed at the end of this Notice.

We may charge you a reasonable fee for copying, postage, and compiling or explaining a summary of your records.

We may deny your request to inspect and copy your PHI in certain limited circumstances. We will act on your written request for inspection or copies within 30 days, but we may require an additional 30 days, provided we inform you of the reason for the delay and the new deadline. If we deny your request for access or copies of PHI, we will explain our denial in writing and advise you whether you have the right to request a review of our decision. If we advise you that you have the right to request a review of our decision, you may request that the denial be reviewed. Thereafter, another licensed health care professional chosen by Resolution will review your request and the denial. The person conducting the review will not be the person who originally denied your request. We will comply with the outcome of the review.

Right to Amend PHI

If you believe that the PHI we have about you is inaccurate or incomplete, you may ask us to amend the information. You have the right to request an amendment for so long as the information is kept by or for Resolution.

To request an amendment to your PHI, your request must be made in writing and submitted to the Privacy Officer at Resolution at the address listed at the end of this Notice. You must provide a reason that supports your request to amend your PHI. We will act on your request for amendment no later than 60 days after receipt of your request. However, if we are unable to act on the request within this time, we may extend the time for 30 more days but will provide you with a written notice of the reason for the delay and the approximate time for completion. In certain circumstances, we are not required to grand your request to amend your PHI. If we deny your requested amendment, we will explain our denial in writing and explain your right to respond.

Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
Is not part of the PHI kept by or for Resolution;
Is not part of the PHI which you would be permitted to inspect and copy; or
Is already accurate and complete.

Right to an Accounting of Disclosures

You have the right to request an accounting of disclosures. This is a list of certain disclosures of PHI we have made or our business associate(s) has made about you.

To request this listing or accounting of disclosures, your request must be submitted in writing to the Privacy Officer at Resolution at the address at the end of this Notice. Your request must state a time period which may not be longer than two (2) years prior to the date of your request. The first list or accounting your request within a twelve (12) month period will be without charge. For additional lists, we may charge you a reasonable fee for the costs of providing the list. We will notify you of the costs involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

We will act on your request for an accounting of disclosures within 60 days of receipt but may require an additional 30 days if we inform you of the reason for the delay and a new deadline.

Right to Request Restriction of Uses and Disclosures

You have the right to request that we restrict the uses and disclosures of PHI to carry out treatment, payment, or health care operations.

Disclosures to Family and Friends. You may request in writing that we not disclose your PHI to specific members of your family, relatives, close friends, or other persons you identify who are involved in your care or for payment of your care. In certain circumstances, we are not required to grant your request for a restriction.

Disclosure to Health Plan. You may request in writing that we not disclose PHI to your health plan for purposes of payment or health care operations. We must honor that request provided that (1) disclosure is not otherwise required by law, and (2) the restricted PHI relates solely to a health care item or service for which you or someone on your behalf has paid in full by cash or debit card at the time or before the services are provided. In other words, if you pay for the item or service “out-of-pocket” we will honor your request not to disclose PHI related to that service to your health plan, subject to the following additional considerations:

For bundled services which cannot be unbundled, you may be required to pay for all bundled services in order to receive the requested restriction.
We are not responsible for ensuring confidentiality of the PHI used by other downstream providers (eg, physicians or pharmacies).
If you are in an HMO or similar plan, you may consider using an out-of-network provider that is not subject to payment restrictions imposed by your health plan; and
PHI restricted under this provision will be flagged, but not segregated in your medical records.