Notice of Privacy Practices

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PRECISION DIAGNOSTICS – 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.

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BACKGROUND

Precision Diagnostics (“Precision”) provides clinical laboratory diagnostic testing services. In the course of delivering these services, we receive, create, and disclose personal health information, which is treated as private and confidential. Precision is committed to protecting your personal health information and has established policies and procedures to safeguard it against unlawful use and disclosure.

This Notice provides a summary of the ways we may use and disclose health information about you and describes your rights and our obligations regarding the use and disclosure of that information. As used in this Notice, “you” and “your” refer to the individual receiving services provided by Precision.

 

PRECISION’S RESPONSIBILITIES

Under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Precision is required by law to maintain the privacy and security of health information that identifies you, called protected health information (“PHI”), to provide you with this Notice of our legal duties and privacy practices regarding PHI, and to follow this Notice as may be amended from time to time. Furthermore, we are required by law to let you know if a breach occurs that may have compromised the privacy or security of your information. For purposes of this Notice, your PHI may include information received or created by Precision, may be in the form of written or electronic records or spoken words, and may include information about your health history, test results, related billing activity, and any similar types of health-related information about you.

We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

 

USES AND DISCLOSURES OF PHI

The following is a summary of the purposes for which Precision may use and disclose your PHI. Not every type of use or disclosure is listed, but the general ways in which Precision uses and discloses your PHI will fall under these purposes.

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Treatment, Payment, and Health Care Operations

We use and share your PHI for treatment, payment, and health care operations purposes as described below.

 

Treatment – We may use and disclose PHI to provide you with treatment and to coordinate with other professionals involved in your treatment. For example, we perform laboratory tests for physicians and other healthcare providers, utilizing your PHI during the testing process. We disclose your PHI to healthcare providers who order tests or require access to your test results for treatment purposes.

 

Payment – We may use or disclose PHI to bill and collect payment for the laboratory services we provide. For example, we may disclose PHI to your health plan to determine eligibility, obtain authorization for services, or to receive payment for our services.

 

Health Care Operations – We may use or disclose PHI for our own health care operations and quality assurance processes. For example, we may use or disclose PHI to perform internal audits, arrange for legal services, evaluate the performance of our laboratory services, and to improve our efficiency and quality of care.

 

Other Uses and Disclosures

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

To You or Your Personal Representative – We may disclose PHI to you or to your personal representative, as established under applicable law, or to an administrator, executor, or other authorized individual associated with your estate.

Individuals Involved in Your Care – We may disclose PHI to a person who is involved in your care or helps pay for your care, such as a family member, friend, or other person you designate, to the extent it is directly relevant to their involvement with your care or payment related to your care. We also may notify your family about your location or general condition or disclose such information to an entity assisting in a disaster relief effort. As allowed by federal and state law, we may disclose the PHI of minors to their parents or legal guardians.

Business Associates – We may disclose your PHI with certain third-party contractors, referred to as business associates, who perform services on behalf of Precision Diagnostics. Our business associates are obligated, both by contract and by law, to protect the privacy and security of your PHI. They are strictly prohibited from using or disclosing your PHI in any way other than as specified in our agreement or as permitted by law.

Determination of Compliance – We may disclose PHI with the Secretary of the Department of Health and Human Services to determine Precision’s compliance with any of the HIPAA rules.

Public Health Activities – We may disclose PHI to public health agencies as required by law. These activities include preventing or controlling disease, injury, or disability; helping with product recalls; and reporting births, deaths, child abuse, or neglect.

Health Oversight Activities – We may share your PHI with governmental, licensing, auditing, and other agencies as authorized or required by law.

Serious Threat to Health or Safety – We may use and disclose PHI when we believe disclosure is necessary to prevent or lessen a serious and imminent threat to anyone’s health or safety.

Abuse, Neglect, or Domestic Violence – We may disclose PHI to government authorities if we reasonably believe that an individual is a victim of abuse, neglect, or domestic violence.

Research – We may use and disclose PHI for health research purposes. These research projects must go through a special process that protects the confidentiality of your medical information.

Organ and Tissue Donation – We may disclose PHI to organizations that handle organ procurement, or eye and tissue donation banks, or other health care organizations to facilitate organ or tissue donation and transplantation.

Coroners, Medical Examiners, and Funeral Directors – We may disclose PHI to a coroners or medical examiners for purposes of identifying a deceased person, determining cause of death, or for performing some other duty authorized by law.

Workers’ Compensation – To the extent authorized by applicable laws, we may use or disclose PHI to comply with workers’ compensation or other similar programs that provide benefits for work-related injuries or illness.

Law Enforcement Activities and Legal Proceedings – We may use and disclose PHI to law enforcement officials for law enforcement purposes for lawsuits and legal actions, such as in response to court or administrative orders, warrants, subpoenas, discovery requests, and other lawful processes. We may also provide PHI to law enforcement officials, for example, in response to a warrant, investigative demand or similar legal process, or for officials to identify or locate a suspect, fugitive, material witness, or missing person. We may also disclose PHI in response to a law enforcement official’s request for information about a victim or suspected victim of a crime. We may also disclose PHI about an individual who has died, in relation to criminal conduct on Precision Diagnostics’ premises, or 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.

Correctional Institutions – We may disclose the PHI of an inmate or other individual when requested by a correctional institution or law enforcement official for health, safety, and security purposes.

Military and Veterans – We may use or disclose PHI of military personnel and veterans, including Armed Forces personnel, as deemed necessary by military command authorities.

Government Functions – We may disclose PHI to authorized officials for national security purposes, such as protecting members of the U.S. government or foreign heads of state, or for intelligence, counterintelligence, or other national security activities authorized by law.

Fundraising – Precision may not use or disclose PHI for fundraising purposes without valid authorization, unless the information disclosed is limited to general information and is only shared with a Business Associate or institutionally related foundation for the purpose of raising funds for Precision’s benefit, in which case, Precision may contact the individual.

De-identified Information and Limited Data Sets – We may use and disclose PHI that has been “de-identified” by removing certain identifiers making it unlikely that you could be identified. We may also disclose limited health information, contained in a “limited data set,” as allowed by law.

Incidental Disclosures – Incidental disclosures of your PHI may occur as a by-product of permitted uses and disclosures.

As Required or Permitted by Law – We may use or disclose PHI to the extent such use or disclosure is required or permitted by federal, state, or local law.

We will not make any of the following uses or disclosures of PHI without first obtaining your written permission except as permitted by law: (1) marketing communications, (2) disclosures of health information in exchange for payment or other benefit (i.e., sale of PHI), or (3) disclosure of psychotherapy notes, with limited exceptions. If you authorize us to use or disclose your PHI, you may revoke (take back) the authorization in writing at any time, and we will no longer use or disclose your PHI for the reasons covered by your written authorization. However, we cannot reverse any uses or disclosures already made in reliance on your prior authorization.

 

YOUR RIGHTS REGARDING YOUR PHI

When it comes to your PHI, you have certain rights. This section explains your rights and some of our responsibilities to help you. To exercise any of these rights or for more information, you may:

• Submit a request online by visiting https://marketing15256.wixsite.com/my-site-1/contact and clicking on “Privacy Rights Requests”;

• Mail a request to Precision Diagnostics, Attention: Privacy Officer, 4215 Sorrento Valley Blvd., Suite 100, San Diego, CA 92121; or

• Fax a request to (619) 573-1416

Right to Inspect and Receive Copies of Your PHI – You have the right to inspect and obtain a paper or electronic copy of the PHI we have about you for as long as we maintain the PHI. You also have the right to direct Precision to provide a copy of the PHI we have about you to another person you designate, provided such request is in writing, signed by you, and clearly identifies the designated person and where to send the copy of your PHI. We will provide a copy or a summary of your PHI usually within 30 days of your request. We may charge a reasonable cost-based fee. We may deny your request to inspect or obtain copies of your PHI in certain limited circumstances. If your request for copies of or access to PHI is denied, you may request that the denial be reviewed. We will process and respond to your request for review within the time frame permitted by the applicable U.S. State Privacy Law.

Right to Amend – You have the right to request an amendment of PHI about you that you believe is incorrect or incomplete. You must submit your request in writing and provide a reason to support the request. We may deny your request if the PHI: (i) was not created by us, unless the originator of the PHI is no longer available to make the amendment; (ii) is accurate and complete; (iii) is not part of the information kept by or for us; or (iv) is not part of the information which you would be permitted to review or obtain a copy. If we deny your request to change your PHI, we will provide you with a written explanation of the reason for the denial and let you know about further actions you may take.

Right to an Accounting of Disclosures – You have the right to request a list (accounting) of certain disclosures of your PHI made by Precision in the past six (6) years from the date of your request. You must make any request for an accounting in writing. We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Right to Request Restrictions – You have a right to ask us, in writing, to restrict use or disclosure of your PHI related to your treatment, payment, or health care operations. In addition, you may request PHI disclosure restrictions to family members, other relatives, or close friends involved in your care. We are not required to agree to your request, except for requests to limit disclosures to your health plan for purposes of payment or healthcare operations when you have paid us for the item or service covered by the request out-of-pocket and in full and when the uses or disclosures are not required by law.

Right to Confidential Communications – You have the right to request that we contact you in a specific way (for example, at work or by mail) or to send mail to a different address. Your request must be in writing and specify how or where you wish to be contacted. We will accommodate reasonable requests.

Right to a Paper Copy of this Notice – You have the right to a paper copy of this notice at any time, even if you have agreed to receive it electronically.

Right to Choose Someone to Act for You – If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we take any action.

Right to File a Complaint – If you believe your privacy rights have been violated, you have the right to file a complaint with us. We will not retaliate against you for filing a complaint. You can file a complaint with us by calling (888) 294-4527, by sending a letter to Precision Diagnostics, Attention: Privacy Officer, 4215 Sorrento Valley Blvd., Suite 100, San Diego, CA 92121, or visiting https://precisiondxlabcompliance.com/.

You also have the right to file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.

 

YOUR CHOICES

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

• Share information with your family, close friends, or others involved in your care

• Share information in a disaster relief situation

• Include your information in a hospital directory

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

• Marketing purposes

• Sale of your information

• Most sharing of psychotherapy notes

In the case of fundraising:

• We may contact you for fundraising efforts, but you can tell us not to contact you again.

 

OTHER APPLICABLE LAWS

Where state law more stringently restricts the uses and disclosures of PHI described in this notice, we will follow the more protective state law. Below is a list of the categories of PHI that are at times subject to more restrictive laws:

• Alcohol and Drug Use

• HIV/AIDS

• Mental Health

• Reproductive Health

• Genetic Information

Please contact our Privacy Officer, using the contact information provided at the end of this notice, for specific information regarding your state.

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CHANGES TO THIS NOTICE

We can change the terms of this notice, and the changes will apply to all information we have about you, as well as any health information we create or receive in the future. The current notice will be available upon request, in our office, and on our website.

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EFFECTIVE DATE

This Notice is effective August 18, 2014. This Notice has been reviewed and revised accordingly on October 11, 2024.

 

COMMUNICATION WITH PRECISION

Precision Diagnostics, LLC’s Privacy Officer is the contact person for all issues and complaints regarding your health information and privacy rights. If you have any questions or concerns about this Notice, please contact the Privacy Officer at:

Precision Diagnostics

Attention: Privacy Officer

4215 Sorrento Valley Blvd., Suite 100

San Diego, CA 92121

Toll-Free Number: (858) 284-1262

 

PRECISION DIAGNOSTICS – NON-DISCRIMINATION POLICY AND ACCESS PROCEDURE 

 

POLICY:

As a recipient of federal reimbursement for its laboratory testing services, Precision Diagnostics does not exclude, deny benefits to, or otherwise discriminate against any person on the grounds of race, color, national origin, disability, or age in access to or receipt of its laboratory testing services. This non-discrimination applies whether the services are carried out directly by Precision Diagnostics or through a contractor or any other entity with whom we arrange to provide services. Likewise, Precision Diagnostics does not exclude, deny benefits to, or otherwise discriminate against any person on these grounds in opportunities for employment with our company.

This statement is in accordance with the provisions of Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Regulations of the U.S. Department of Health and Human Services issued pursuant to the Acts, Title 45 Code of Federal Regulations Part 80, 84, and 91.

 

ACCESS NOTICE:

As a clinical reference laboratory located and operating in San Diego, California, Precision Diagnostics provides laboratory testing on patient samples generally shipped from the unaffiliated offices of its healthcare practitioner customers via air carriers and local couriers. Therefore, Precision Diagnostics has very limited in-person interaction with the patients for whom it performs laboratory testing services. However, for individuals throughout the United States who may seek access to or receive our laboratory testing services, or who wish to communicate with us, we strive to make such communications accessible and usable by disabled persons. This includes individuals with impaired hearing and vision, and we provide assistive and communication aids without additional charge. In addition, we have implemented access features at our San Diego clinical reference laboratory facility, as set forth below. We have also posted an Access Notice on our website and at our main laboratory facility.

ACCESS FEATURES AT THE PRECISION DIAGNOSTICS LABORATORY FACILITY INCLUDE:

• Convenient off-street parking designated specifically for disabled persons.

• Curb cuts and ramps between parking areas and buildings.

• Level access into first floor level with elevator access to all other floors.

• Fully accessible offices, meeting rooms, bathrooms, and public waiting areas.

• A full range of assistive and communication aids provided to persons with impaired hearing, vision, speech, or manual skills, without additional charge for such aids

PROCEDURES FOR COMMUNICATING INFORMATION TO PERSONS WITH SENSORY IMPAIRMENTS:

1. Generally: Precision Diagnostics will take such steps as are necessary to ensure that qualified persons with disabilities, including those with impaired sensory or speaking skills, receive effective notice concerning benefits or services or written material concerning waivers of rights or consent to treatment. All aids needed to provide this notice are provided without cost to the person being served.

2. For Persons with Hearing Impairments: Qualified sign-language interpreter for persons who are deaf/hearing impaired and who use sign-language as their primary means of communication, the following procedure has been developed and resources identified for obtaining the services of a qualified sign-language interpreter to communicate both verbal and written information:

• Precision Diagnostics will utilize a local Sign Language Interpreting Service

• Teletypewriter (TTY): A TTY is an electronic device for text communication over a telephone line, which transmits texts live, via a telephone line, to a compatible device. Precision Diagnostics provides TTY services if necessary to assist persons with hearing impediments.

3. For Persons with Visual Impairments: Upon request, Precision Diagnostics staff will communicate the content of written materials concerning benefits, services, waivers of rights, and consent to treatment forms by reading them out loud to visually impaired persons. Alternatively, Precision Diagnostics staff will also, upon request and where possible, enlarge printed materials for visually impaired persons.

4. For Persons with Speech Impairments: TTY support and computers are available to facilitate communication concerning program services and benefits, waivers of rights, and consent to treatment forms.

 

POLICY AND PROCEDURES FOR COMMUNICATING INFORMATION TO PERSONS OF LIMITED ENGLISH LANGUAGE PROFICIENCY:

It is the policy of Precision Diagnostics to provide communication aids (at no cost to the person being served) to Limited English Proficient (LEP) persons, including current and prospective patients, clients, family members, interested persons, et al., to ensure them a meaningful opportunity to apply for, receive or participate in, or benefit from the services offered. The procedures outlined below will reasonably ensure that information about service, benefits, consent forms, waivers of rights, financial obligations, etc., is communicated to LEP persons in a language which they understand. Also, they will provide for an effective exchange of information between staff/employees and patients/clients and/or families while services are being provided.

Precision Diagnostics has designated the Director of Client Services to be responsible for implementing methods of effective communication with LEP persons. The Director of Client Services will:

Precision Diagnostics has designated the Director of Client Services to be responsible for implementing methods of effective communication with LEP persons. The Director of Client Services will:

• Maintain and routinely update a list of all bilingual persons, organizations, and staff members who are available to provide bilingual services, and

• Develop written instructions on how to gain access to these services, i.e., contact persons, telephone numbers, addresses, languages available, hours available, fees and conditions under which the person(s) are available.

• In order to ensure effective communication and to protect the confidentiality of (client/patient) information and privacy, the (client/patient) will be informed that the services of a qualified interpreter are available to him/her at no additional charge. The choice of the (client/patient) and assistance of an interpreter will be documented after every encounter.

 

REQUESTS,QUESTIONS, OR CONCERNS

If you require any of the aids listed above, or if you have any questions or concerns regarding this policy, please direct contact: Director of Client Services

• Precision Diagnostics

• 4215 Sorrento Valley Blvd., San Diego, CA, 92121

• Phone: 800-635-6901 ext. 534