Notice of Privacy Practices
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.
DIAGNOSTAR’S COMMITMENT TO YOUR PRIVACY
DiagnoStar is dedicated to maintaining the privacy of your protected health information (‘PHI’). PHI is information about you that may be used to identify you (such as your name, social security number or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of healthcare. In conducting its business, DiagnoStar will receive and create records containing your PHI. DiagnoStar is required by law to maintain the privacy of your PHI and to provide you with notice of its legal duties and privacy practices with respect to your PHI.
DiagnoStar is required by law to abide by the terms of this Notice while it is in effect. This current Notice takes effect on January, 2021, and will remain in effect until DiagnoStar replaces it. DiagnoStar reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If DiagnoStar changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If DiagnoStar changes this Notice, it will post the new Notice on its Web site and will make the new Notice available upon request.
USES AND DISCLOSURES OF YOUR PHI
DiagnoStar may use and disclose your PHI in the following ways:
Treatment, Payment and Healthcare Operations. DiagnoStar is permitted to use and disclose your PHI for purposes of (a) treatment, (b) payment and (c) healthcare operations. For example:
Treatment: DiagnoStar may disclose your PHI to another physician or healthcare provider for purposes of a visit or in connection with the provision of follow-up treatment.
Payment: DiagnoStar may use and disclose your PHI to your health insurer or health plan in connection with the processing and payment of claims and other charges.
Healthcare Operations: DiagnoStar may use and disclose your PHI in connection with its healthcare operations, such as providing customer services and conducting quality review assessments. DiagnoStar may engage third parties to provide various services for DiagnoStar. If any such third party must have access to your PHI in order to perform its services, DiagnoStar will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.
Authorization and Consent: DiagnoStar is permitted to use and disclose your PHI upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke any such authorization at any time. To authorize DiagnoStar to disclose your PHI to a third party, download the HIPAA Authorization to Disclose Protected Health Information here and mail it to the address listed on the form.
As Required by Law: DiagnoStar may use and disclose your PHI to the extent required by law.
The following categories describe unique circumstances in which DiagnoStar may use or disclose your PHI:
Public Health Activities: DiagnoStar may disclose your PHI to public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence and reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity. DiagnoStar may, in certain circumstances disclose PHI to persons who have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.
Workers’ Compensation: DiagnoStar may disclose your PHI as authorized by, and to the extent necessary to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.
Health Oversight Activities: DiagnoStar may disclose your PHI to a health oversight agency for authorized activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.
Judicial and Administrative Proceedings: DiagnoStar may disclose your PHI, in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.
Law Enforcement: DiagnoStar may, under certain circumstances, disclose your PHI to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness or missing person.
Decedents: DiagnoStar may, under certain circumstances, disclose PHI to coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents.
Organ Procurement: DiagnoStar may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation.
Research: DiagnoStar may, under certain circumstances, use or disclose PHI that is necessary for research purposes.
Threat to Health or Safety: DiagnoStar may, under certain circumstances, use or disclose PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
Specialized Government Functions: DiagnoStar, may in certain situations, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits. DiagnoStar may also disclose PHI to federal officials for intelligence and national security purposes.
RIGHTS THAT YOU HAVE REGARDING YOUR PHI
You have the following rights regarding the PHI maintained by DiagnoStar:
Confidential Communication: You have the right to receive confidential communications of your PHI. You may request that DiagnoStar communicate with you through alternate means or at an alternate location, and DiagnoStar will accommodate your reasonable requests. You must submit your request in writing to DiagnoStar. To submit such a request, download the Request for Restricts Request Form here and mail it to the address listed on the form.
Restrictions: You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that DiagnoStar restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to DiagnoStar. DiagnoStar is not required to comply with your request. However, if DiagnoStar agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency. To submit such a request, download the Request for Restricts Request Form here and mail it to the address listed on the form.
Inspection and Copies: You have the right to inspect and copy your PHI. You must submit your request in writing to DiagnoStar. DiagnoStar may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. DiagnoStar may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, DiagnoStar will inform you of the reason for the denial, and you may request a review of the denial. To request access to your PHI that is not already accessible to you in the Member Portal, download the Request to Access PHI Form here and mail it to the address listed on the form.
Amendment: You have a right to request that DiagnoStar amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by DiagnoStar. You must submit your request in writing to DiagnoStar and provide a reason to support the requested amendment. DiagnoStar may, under certain circumstances, deny your request by sending you a written notice of denial. If DiagnoStar denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records. To make a request to amend PHI that you cannot otherwise change yourself through the Member Portal, download the Request to Amend PHI form here and mail it to the address listed on the form.
Accounting of Disclosures: You have a right to receive an accounting of all disclosures DiagnoStar has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to DiagnoStar and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, DiagnoStar may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. DiagnoStar will inform you of such costs in advance, so that you may withdraw or modify your request to save costs. To make a request for an accounting of disclosures, download the Request for an Account of Disclosures Form here and mail it to the address listed on the form.
Right to Notice of Breach: You have the right to be notified in the event that DiagnoStar (or a DiagnoStar Business Associate) discovers a breach of unsecured PHI.
Paper Copy of this Notice: You have the right to obtain a paper copy of this Notice from DiagnoStar at any time upon request. To obtain a paper copy of this notice, please contact the Privacy Officer by writing to: Privacy Officer, DiagnoStar Health, 2020 Silicon Blvd. Suite 04 Silicon Valley CA, 90712 or sending an email to [email protected]
Complaints: You may complain to DiagnoStar and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with DiagnoStar, you must submit a statement in writing to: Privacy Officer, DiagnoStar Health, 2020 Silicon Blvd. Suite 04 Silicon Valley CA, 90712 or sending an email to [email protected] DiagnoStar will not retaliate against you for filing a complaint.
For Further Information: If you would like more information about your privacy rights, please send an email to the Privacy Officer at [email protected]