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Privacy Policy
This notice describes how your medical information is protected, that it may be used and disclosed, and how you can get access to this information.
Last updated Jan 26, 2024 This Notice of Privacy Practices (this “Notice”) will explain the ways in which Neurocode (“we” or “us”) protects, uses and discloses your Protected Health Information (“PHI”). This Notice also describes your rights and certain obligations we have regarding the use and disclosure of PHI. We are required by law to: make sure that PHI is kept private; give you this Notice of our legal duties and privacy practices with respect to your PHI; and comply with the currently effective terms of this Notice. See the section below titled “Your Rights with Respect to Your PHI and How to Exercise Them.” The following paragraphs describe examples of the ways we may use and disclose PHI:USE FOR TREATMENT, PAYMENT OR HEALTH CARE OPERATIONS
For Treatment: We may use PHI about you to provide, coordinate and manage your health care treatment and related services. For example, we may disclose PHI about you to our personnel, as well as to doctors, nurses, hospitals, clinics, and other health care providers who are involved in your care. For example, your PHI may be provided to a health care provider to whom you have been referred so as to ensure that the health care provider has appropriate information regarding your previous treatments and diagnoses. For Payment: We may use and disclose your PHI so that the services and items you receive from us may be billed to and payment may be collected from you, an insurance company or other third-party payor. For example, we may need to give your insurance company information about the services or items that you received from us so that your insurance company will pay us or reimburse you for the services or items. For Health Care Operations: We may use or disclose your PHI to carry out health care operations. These are activities that are needed to operate our facilities and for administrative and quality assurance purposes. They include, for example: conducting quality assessment and improvement activities; reviewing the qualifications and performance of health care providers; training and performing accreditation, certification, or licensing activities; and managing our business and performing general administrative activities.OTHER USES AND DISCLOSURES OF PHI
Listed below are several other examples of ways PHI can be used or disclosed. Business Associates: We obtain some services provided through contracts with Business Associates in which PHI is disclosed. For example, we may use a third-party for billing and collections, document destruction, software support and quality assurance. At times, we may disclose your PHI to our business associates so that the Business Associates can provide services to, or on behalf of, us. Any Business Associate who receives your PHI is required to appropriately safeguard your PHI through a written Business Associate Agreement. If our Business Associate discloses the PHI to its own subcontractor, it must enter into a similar agreement with the subcontractor regarding your PHI. Individuals Involved in Your Care or Payment for Your Care: We may release PHI about you to a friend or family member who is involved in your medical care or who helps to pay for your care. You have the right to object to such disclosure, unless you are unable to function or there is an emergency. As Required by Law: We may use and disclose PHI about you when required to do so by federal, state or local law. Law Enforcement/Legal Proceedings: We may disclose PHI about you for law enforcement purposes as required by law or in response to a court or administrative order. We may disclose PHI about you in response to a subpoena, discovery request or other lawful process by someone else involved in a dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested. Public Health Risks: We may disclose PHI about you for public health activities, including to prevent or control disease, or, when required by law, to notify public authorities concerning cases of abuse or neglect. We may disclose necessary information about you to law enforcement, to family members, or to others if we believe that you may present a serious danger to yourself or others. We may warn others in order to prevent or lessen serious threat to you or to others. Research: Under certain circumstances, we may use or disclose PHI about you for research purposes. For example, we might disclose PHI for use in a research project involving the effectiveness of certain medical procedures. In some cases, we might disclose PHI for research purposes without your knowledge or approval. However, such disclosures will only be made after evaluating the proposed research project and its use of PHI and balancing the research needs with your need for privacy of your PHI. Military: If you are a member of the armed forces, we may release PHI about you as required by military command authorities. About a Decedent: In the event of your death, disclosures about you (the decedent) can be made to family members or others involved in your care or payment for your care prior to your death unless inconsistent with your prior expressed preferences that are known to us. Disclosures may also be made to your personal representative. Additional State and Federal Requirements: Some state and federal laws provide additional privacy protection of your health information. These include:- Sensitive Information. Some types of health information are particularly sensitive, and the law, with limited exceptions, may require that we obtain your written permission or in some instances, a court order, to use or disclose that information. Sensitive health information includes information dealing with genetics, HIV/AIDS, mental health, sexual assault and alcohol and substance abuse.
- Information Used in Certain Disciplinary Proceedings. State law may require your written permission if certain health information is to be used in various review and disciplinary proceedings by state health oversight boards.
- Information Used in Certain Litigation Proceedings. State law may require your written permission for us to disclose information in certain legal proceedings.
- Disclosures to Certain Registries. Some laws require your written permission if we disclose your health information to certain state-sponsored registries.
- Face-to-face communication made by us to you; or
- A promotional gift of nominal value provided by us.
YOUR RIGHTS WITH RESPECT TO YOUR PHI AND HOW TO EXERCISE THEM
You have the following rights with respect to your PHI:- Completed Test Reports: You (or your authorized representative) may request from us a copy of your completed laboratory test reports under the HHS and CMS final rule of February 6, 2014 providing patient access to test reports.
- Inspect and Copy: You have the right to inspect and copy your PHI maintained by us. Generally, this information includes health care and billing records. You have the right to obtain electronic copies of your PHI. You do not have a right of access to (1) information prepared in anticipation of or for use in, a civil, criminal, or administrative action; and (2) PHI maintained by us that is (a) subject to the Clinical Laboratory Improvements Amendments of 1988, 42 U.S.C. 263a (“CLIA”), if access to the individual would be prohibited by law, or (b) exempt from CLIA pursuant to 42 U.S.C. 493.3(a)(2). Under certain circumstances, you also do not have a right of access to information created or obtained in the course of research involving treatment or received from someone other than a health care provider under a promise of confidentiality.
- The nature and extent of the PHI involved, including the types of identifiers and the likelihood of identification;
- The unauthorized person who used the PHI or to whom the disclosure was made;
- Whether the PHI was actually acquired or viewed; and
- The extent to which the risk to the PHI has been mitigated.