HIPAA Notice of Privacy

HIPAA Notice of Privacy Policy

Policy

Inspinary is committed to maintaining and protecting the confidentiality of the individual’s PHI. Inspinary is required by federal and state law, including the Health Insurance Portability and Accountability Act (“HIPAA”), to protect the individual’s PHI and other personal information. When Inspinary uses or discloses an individual’s PHI, Inspinary is bound by the terms of this Notice of Privacy Practices, or the revised Notice of Privacy Practices, if applicable.

Note, as Inspinary is not a Health Care Provider, a Clearinghouse, or a Health Plan, Inspinary is not considered a “Covered Entity” under the HIPAA guidelines. However, as Inspinary contracts with Covered Entities to provide health-related services, Inspinary is considered a Business Associate. As such, Inspinary is required to enter into a Business Associates Agreement with all Covered Entities or Business Associates of Covered Entities that Inspinary does business with, which ensures that protected health information (PHI) is used, protected, and disclosed properly. As a Business Associate, Inspinary must follow the use and disclosure provisions of the Privacy Rule and the safeguard requirements of the Security Rule.

Inspinary is required by law to:

Maintain the privacy of PHI (with certain exceptions)
Follow the terms of Inspinary Notice of Privacy Practices that is currently in effect

Applicable Regulations

164.520 – Notice of privacy practices for protected health information

Procedures

HOW INSPINARY MAY USE AND DISCLOSE PHI:

The following describes the ways Inspinary may use and disclose PHI. Except for the purposes described below, Inspinary will use and disclose PHI only with the individual’s written permission. The individual may revoke such permission at any time by writing to Inspinary.

For Treatment.Inspinary may use and disclose PHI for the individual’s services. For example, Inspinary may disclose PHI to doctors, nurses, technicians, or other personnel, including people outside Inspinary, who are involved in the individual’s medical care and need the information to provide the individual with medical care.
For Payment.Inspinary may use and disclose PHI so that Inspinary or others may bill and receive payment from the individual, an insurance company or third party for the treatment and services the individual received. For example, Inspinary may tell the individual’s insurance company about a treatment the individual is going to receive to determine whether the individual’s insurance company will cover the treatment.
For Health Care Operations.Inspinary may use and disclose PHI for health care operation purposes. The uses and disclosures are necessary to make sure that patients receive quality care and to operate and manage the Inspinary offices. Inspinary also may share information with other entities that have a relationship with the individual (for example, the individual’s insurance company and anyone other than the individual who pays for the individual’s services) for the individual’s health care operation activities.
Third Parties Involved in an Individual’s Care or Payment for an Individual’s Care.Unless the individual objects, Inspinary may share PHI with a person who is involved in the individual’s medical care or payment for the individual’s care, such as the individual’s family or a close friend. Inspinary also may notify the individual’s family about the individual’s location or general condition or disclose such information to an entity (such as Red Cross) assisting in a disaster relief effort.
Under certain circumstances, Inspinary may use and disclose PHI for research. For example, a research project may involve comparing the health of patients who received one treatment to those who received another, for the same condition. Inspinary will generally ask for the individual’s written authorization before using the individual’s PHI or sharing it with others to conduct research. Under limited circumstances, Inspinary may use and disclose PHI for research purposes without the individual’s permission. Before Inspinary uses or discloses PHI for research without the individual’s permission, the project will go through a special approval process to ensure that research conducted poses minimal risk to the individual’s privacy. The individual’s information will be de-identified. Researchers may contact the individual to see if the individual is interested in or eligible to participate in a study.

SPECIAL SITUATIONS:

As Required by Law.Inspinary will disclose PHI when required to do so by international, federal, state, or local law.
To Avert a Serious Threat to Health or Safety.Inspinary may use and disclose PHI when necessary to prevent a serious threat to the individual’s health and safety or the health and safety of others. Disclosures, however, will be made only to someone who may be able to help prevent or respond to the threat, such as law enforcement or potential victim. For example, Inspinary may need to disclose information to law enforcement when a patient reveals participation in a violent crime.
Business Associates.Inspinary may disclose PHI to Inspinary business associates that perform functions on Inspinary’s behalf or provide Inspinary with services if the information is necessary for such functions or services. For example, Inspinary may use another company to perform billing services on Inspinary’s behalf. All of Inspinary’s business associates are obligated to protect the privacy of the individual’s information and are not allowed to use or disclose any information other than as specified in our contracts and Business Associate’s Agreements.
Lawsuits and DisputesIf the individual is involved in a lawsuit or a dispute, Inspinary may disclose PHI in response to a court or administrative order. Inspinary also may disclose PHI in response to a subpoena, discovery request, or other lawful request by someone else involved in the request or to allow the individual to obtain an order protecting the information requested.
Law EnforcementInspinary may release PHI if asked by a law enforcement official if the information is: (1) in response to a court order, subpoena, warrant, summons or similar process; (2) limited information to identify or locate a suspect, fugitive, material witness, or missing person; (3) about the victim of a crime even if, under certain very limited circumstances, Inspinary is unable to obtain the individual’s agreement; (4) about a death Inspinary believes may be the result of criminal conduct; (5) about criminal conduct on Inspinary premises; and (6) in an emergency to report a crime, the location of the crime or victims, or the identity, description or location of the person who committed the crime.

USES AND DISCLOSURES THAT REQUIRE THE INDIVIDUAL’S WRITTEN AUTHORIZATION:

The following uses and disclosures of the individual’s PHI will be made only with the individual’s written authorization:

Uses and disclosures of PHI for marketing purposes;
Disclosures that constitute a sale of the individual’s PHI; and
Disclosures of psychotherapy notes.

Other uses and disclosures of PHI not covered by this Notice of Privacy Practices or the laws that apply to Inspinary will be made only with the individual’s written authorization. If the individual gives us authorization, the individual may revoke it at any time by submitting a written revocation to Inspinary and we will no longer disclose PHI under the authorization. But disclosure that Inspinary made in reliance on an individual’s authorization before the individual revoked it will not be affected by the revocation.

INDIVIDUAL’S RIGHTS REGARDING PHI:

The following individual’s rights under the HIPAA Privacy Rule extend to PHI maintained by Inspinary on behalf of a Covered Entity. Depending on Inspinary’s contract with a specific entity, the Covered Entity may be responsible for responding to certain requests for information, rather than Inspinary. However, regardless of how Inspinary has agreed to support a Covered Entity’s obligation to provide access to an individual, a request for access submitted to Inspinary will still be acted upon within 30 calendar days (or 60 calendar days if an extension is applicable) of receipt of the request. Further, all of the access requirements that apply with respect to PHI held by a Covered Entity (e.g., limitations on fees that may be charged) apply with respect to PHI held by Inspinary.

Right to Inspect and Copy.The individual has a right to inspect and copy PHI that may be used to make decisions about the individual’s care or payment for the individual’s care. This included medical and billing records, other than psychotherapy notes. To inspect and copy the individual’s PHI, the individual must make their request, in writing, to Inspinary or to the Covered Entity responsible for the individual’s care, as specified in Inspinary’s Business Associate’s Agreement with the Covered Entity. Inspinary has up to 30 days to make the individual PHI available to the individual or to notify the Covered Entity of the request, and Inspinary may charge the individual a reasonable fee for the costs of copying, mailing or other supplies associated with the individual’s request. Inspinary may not charge the individual a fee if the individual needs the information for a claim for benefits under the Social Security Act or any other state or federal needs-based benefit program. Inspinary may deny the individual’s request in certain limited circumstances. If Inspinary does deny the individual’s request, the individual has the right to have the denial reviewed by a licensed healthcare professional that was not directly involved in the denial of the individual’s request, and Inspinary will comply with the outcome of the review.
Right to Get Notice of a Breach.Inspinary is committed to safeguarding the individual’s PHI. If a breach of the individual’s PHI occurs Inspinary will notify the individual or the appropriate Covered Entity (who will then notify the individual) in accordance with state and federal law.
Right to Amend, Correct or Add an Addendum.If the individual feels that the PHI Inspinary has is incorrect, incomplete, or the individual wishes to add an addendum to the individual’s records, the individual has the right to make such request for as long as the information is kept by or for Inspinary. The individual must make their request in writing to Inspinary. In the case of claims that the information is incorrect, incomplete, or if the record was not created by Inspinary, Inspinary may deny the individual’s request. However, if Inspinary denies any part of the individual’s request, Inspinary will provide the individual with a written explanation of the reasons for doing so within 60 days of the individual’s request.
Right to an Accounting of Disclosures.Individuals have the right to request a list of certain disclosures Inspinary made of PHI for purposes other than treatment, payment, health care operations, and certain other purposes consistent with law, or for which the individual provided written authorization. To request an accounting of disclosure, individuals must make their request, in writing, to Inspinary or to the Covered Entity that provided the care. The individual may request an accounting of disclosures for up to the previous six years of services provided before the date of the individual’s request. If more than one request is made during a 12-month period, Inspinary may charge a cost-based fee.
Right to Request Restrictions.Individuals have the right to request a restriction or limitation on the PHI Inspinary uses or disclose for treatment, payment, or health care operations. Individuals also have the right to request a limit on the PHI we disclose to someone involved in the individual’s care or the payment for the individual’s care, like a family member or friend. For example, the individual could ask that Inspinary not share information about a particular diagnosis or treatment with the individual’s spouse. To request a restriction, the individual must make their request, in writing, to Inspinary. Inspinary is not required to agree to the individual’s request unless the individual is asking us to restrict the use and disclosure of the individual’s PHI to a health plan for payment or health care operation purposes and such information the individual wishes to restrict pertains solely to a health care item or service for which the individual has paid Inspinary Out-of-pocket in full. If Inspinary agrees, Inspinary will comply with the individual’s request unless the information is needed to provide the individual with emergency treatment or to comply with the law. If Inspinary does not agree, Inspinary will provide an explanation in writing.
Right to Request Confidential Communications.Individuals have the right to request that Inspinary communicate with them about medical matters in a certain way or at a certain location. For example, the individual can ask that Inspinary only contact individuals by mail or at work. To request confidential communications, individuals must make their request, in writing, to Inspinary. The individual’s request must specify how or where the individual wishes to be contacted. Inspinary will accommodate reasonable requests.
Right to Choose Someone to Act for the Individual.If the individual gives someone medical power of attorney or if someone is the individual’s legal guardian, that person can exercise the individual’s rights and make choices about the individual’s PHI. Inspinary will use our best efforts to verify that person has authority to act for the individual before Inspinary takes any action.

CHANGES TO THIS NOTICE OF PRIVACY PRACTICES:

Inspinary reserves the right to change this Notice of Privacy Practices and make the new Notice of Privacy Practices apply to PHI Inspinary already has as well as any information Inspinary receives in the future. Inspinary will post a copy of Inspinary’s current Notice of Privacy Practice on our website. The Notice of Privacy Practices will contain the effective date on the top of the page.