HIPAA PRIVACY NOTICE
EFFECTIVE JULY 1, 2010
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.
CancerOpinions.com understands that your medical information is private and confidential.
This notice provides you with information about your rights and our duties with
respect to the privacy of your health information. This notice also discusses the
uses and disclosures we will make of your health information. We will comply with
the provisions of this notice as currently in effect, although we reserve the right
to change the terms of this notice from time to time and to make the revised notice
effective for all your health information we maintain.
All of our independent physician consultants follow the terms of this Notice.
CancerOpinions.com and its independent physician consultants may share your health
information with each other for reasons of treatment, payment, and health care operations
as discussed below.
PERMITTED USES AND DISCLOSURES
The following categories describe some of the ways that we will use and disclose
your health information:
Treatment, Payment and Health Care Operations
We can use or disclose your health information for purposes of treatment,
payment and health care operations.
- Treatment means the provision, coordination or management of your
health care, including consultations.
- Payment means the activities we undertake to obtain reimbursement
for the health care provided to you, including billing, collections, claims
management, determinations of eligibility and coverage and other utilization
review activities. For example, we may need to provide information to a third
party for collection purposes.
- Health care operations means the support functions of CancerOpinions.com,
related to treatment and payment, such as quality assurance activities,
case management, receiving and responding to patient comments and complaints,
physician reviews, compliance programs, audits, business planning, development,
management and administrative activities. For example, we may use your health
information to evaluate the performance of our services.
OTHER USES AND DISCLOSURES OF YOUR HEALTH INFORMATION
In addition to using and disclosing your information for treatment, payment and
health care operations, we may use your health information in the following ways:
- We may contact you to provide reminders or updates on treatment options.
- We may disclose your health information to your family or friends or any
other individual identified by you, if such information is directly related
to such person's involvement in your care.
- When permitted by law, we may use or disclose your health information in
coordination with private entities authorized by law or by charter to assist
in disaster relief efforts.
- Subject to applicable law, we may make incidental uses and disclosures of
your health information. Incidental uses and disclosures are by-products of
otherwise permitted uses or disclosures which are limited in nature and cannot
be reasonably prevented.
- We may use or disclose your health information for research purposes, subject
to the requirements of applicable law. For example, a research project may involve
comparisons of the health and recovery of all patients who received a particular
treatment. All research projects are subject to a special approval process,
which balances research needs with a patient's need for privacy. When required,
we will obtain a written authorization from you prior to using your health information
- We will use or disclose your health information when required to do so by
Subject to the requirements of applicable law, we will make the following uses
and disclosures of your health information:
- Military and Veterans. If you are a member of the Armed Forces, we
may release your health information as required by military command authorities.
We may also release health information about foreign military personnel to the
appropriate foreign military authority.
- Worker's Compensation. We may release your health information for
programs that provide benefits for work-related injuries or illnesses.
- Public Health Activities. We may disclose your health information
for public health activities, including disclosures:
- to prevent or control disease, injury or disability;
- to report child abuse or neglect;
- to persons subject to the jurisdiction of the Food and Drug Administration
(FDA) for activities related to the quality, safety, or effectiveness of
FDA-regulated products or services and to report reactions to medications
or problems with products;
- to notify a person who may have been exposed to a disease or may be
at risk for contracting or spreading a disease or condition;
- to notify the appropriate government authority if we believe that an
adult patient has been the victim of abuse, neglect, or domestic violence.
We will only make this disclosure if the patient agrees or when required
or authorized by law.
- Health Oversight Activities. We may disclose your health information
to Federal or State agencies that oversee our activities. These activities are
necessary for the government to monitor the health care system, government benefit
programs, and compliance with civil rights laws or regulatory program standards.
- Lawsuits and Disputes. If you are involved in a lawsuit or dispute,
we may disclose your health information in response to a court or administrative
order. We may also disclose your health information in response to a subpoena,
discovery request, or other lawful process by someone else involved in the dispute,
but only if CancerOpinions.com is given assurances that efforts have been made
by the person making the request to tell you about the request or to obtain
an order protecting the information requested.
- Law Enforcement. We may release your health information if asked
to do so by a law enforcement official:
- In response to a court order, subpoena. warrant, summons or similar
- To identify or locate a suspect. fugitive, material witness or missing
- About the victim of a crime under certain limited circumstances;
- About a death we believe may be the result of criminal conduct;
- About criminal conduct on our premises; and
- In emergency circumstances, to report a crime, the location of the crime
or the victims, or the identity, description or location of the person who
committed the crime.
- Coroners, Medical Examiners and Funeral Directors. We may release
your health information to a coroner or medical examiner. Such disclosures may
be necessary, for example, to identify a deceased person or determine the cause
of death. We may also release your health information to funeral directors as
necessary to carry out their duties.
- National Security and Intelligence Activities. We may release your
health information to authorized Federal officials for intelligence, counterintelligence,
or other national security activities.
- Inmates. If you are an inmate of a correctional institution or under
the custody of a law enforcement official, we may release your health information
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 safety or the health and safety of others; or (3) for
the safety and security of the correctional institution.
- Serious Threats. As permitted by applicable law and standards of
ethical conduct. we may use and disclose your health information if we, in good
faith, believe that the use or disclosure is necessary to prevent or lessen
a serious and imminent threat to the health or safety of a person or the public
or is necessary for law enforcement authorities to identify or apprehend an
Note: HIV-related information, genetic information, alcohol
and/or substance abuse records, mental health records and other special health
information may enjoy certain special confidentiality protections under applicable
State and Federal law.
OTHER USES OF YOUR HEALTH INFORMATION
Other uses and disclosures of your health information not covered by this notice
or the laws that apply to us will be made only with your permission in a written
authorization. You have the right to revoke that authorization at any time, except
to the extent that we already have taken action in reliance on your authorization.
Any such revocation must be in writing.
- You have the right to request restrictions on our uses and disclosures of
your health information for treatment, payment, and health care operations.
However, we are not required to agree to your request unless the request is
to restrict disclosure to a health plan for payment or health care operations
purposes and the your health information portions to an item or service for
which you have paid us in full out of pocket. To request a restriction, you
must make your request in writing to CancerOpinions.com.
- You have the right to reasonably request to receive confidential communications
of your health information by alternative means or at alternative locations.
To make such a request, you must submit your request in writing at the time
- You have the right to inspect and copy the your health information contained
in your medical and billing records and in any other records used by us to make
decisions about you except:
In order to inspect and copy your health information, you must submit your request
in writing to CancerOpinions.com. If you request a copy of your health information,
we may charge you a fee for the costs of copying and mailing your records, as
well as other costs associated with your request. We may also deny a request
for access to your health information if:
- for information compiled in reasonable anticipation of, or for use in,
a civil, criminal, or administrative action or proceeding;
- for health information involving laboratory tests when your access is
restricted by law;
- if you are a prison inmate, obtaining a copy of your information may
be restricted if it would jeopardize your health, safety, security, custody,
or rehabilitation or that of other inmates, or the safety of any officer,
employee, or other person at the correctional institution or person responsible
for transporting you;
- if we obtained or created your health information as part of a research
study, your access to your health information may be restricted for as long
as the research is in progress, provided that you agreed to the temporary
denial of access when consenting to participate in the research;
- for your health information contained in records kept by a Federal agency
or contractor when your access is restricted by law; and
- for your health information obtained from someone other than us under
a promise of confidentiality when the access requested would be reasonably
likely to reveal the source of the information.
If we deny a request for access for any of the three reasons described above,
you have the right to have our denial reviewed in accordance with the requirements
of applicable law.
- CancerOpinions.com has determined, in the exercise of professional judgment,
that the access requested is reasonably likely to endanger your life or
physical safety or that of another person;
- the health information makes reference to another person (unless such
other person is a health care provider) and CancerOpinions.com has determined,
in the exercise of professional judgment, that the access requested is reasonably
likely to cause substantial harm to such other person; or
- the request for access is made by your personal representative and CancerOpinions.com
has determined, in the exercise of professional judgment, that the provision
of access to such personal representative is reasonably likely to cause
substantial harm to you or another person.
- You have the right to request an amendment to your health information, but
we may deny your request for amendment, if we determine that the your health
information or record that is the subject of the request:
In any event, any agreed upon amendment will be included as an addition to,
and not a replacement of, already existing records. In order to request an amendment
to your health information, you must submit your request in writing to CancerOpinions.com.
- was not created by us, unless you provide a reasonable basis to believe
that the originator of your health information is no longer available to
act on the requested amendment;
- is not part of your medical or billing records or other records used
to make decisions about you;
- is not available for inspection as set forth above; or
- is accurate and complete.
- You have the right to receive an accounting of disclosures of certain of
your health information made by us to individuals or entities other than to
you for the six years prior to your request, except for disclosures:
To request an accounting of disclosures of your health information, you must
submit your request in writing to CancerOpinions.com. Your request must state
a specific time period for the accounting (e.g., the past three months). The
first accounting you request within a twelve (12) month period will be free.
For additional accountings, we may charge you 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.
- to carry out treatment, payment and health care operations as provided
above, unless such disclosure is made through an electronic health record,
in which case, the law may allow an accounting of disclosures made for a
period of three (3) years prior to the request for an accounting;
- incident to a use or disclosure otherwise permitted or required by applicable
- pursuant to a written authorization obtained from you;
- persons involved in your care or for other notification purposes as
provided by law;
- for national security or intelligence purposes as provided by law;
- to correctional institutions or law enforcement officials as provided
- as part of a limited data set as provided by law; or
- that occurred prior to January 1, 2010.
If you believe that your privacy rights have been violated, you should immediately
contact us at CancerOpinions.com. We will not take action against you for filing
a complaint. You also may file a complaint directly with the Secretary of Health
and Human Services.
If you have any questions or would like further information about this notice,
please contact our Privacy Officer at (402) 963-4112.