HIPAA Policy

Updated: Oct 13, 2021

Psomagen’s Notice of Privacy Practices

PLEASE READ CAREFULLY: THIS NOTICE SERVES AS A DESCRIPTION FOR:

This Notice of Privacy Practices applies to Psomagen Incorporated and its subsidiaries, affiliates, and business associates (collectively referred to as “Psomagen” in this Notice), except to the extent that the subsidiary, affiliate, department, or business associate of Psomagen performs services or activities that do not involve standard electronic transactions for which the United States Department of Health and Human Services (“HHS”) has adopted standards.

How Psomagen Protects Your Protected Health Information (PHI)

According to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Psomagen is required by law to maintain the privacy of health information that identifies you, known as Protected Health Information (“PHI”), and to provide you with notice of our legal duties and privacy practices regarding PHI. Psomagen is committed to the protection of your PHI and will make reasonable efforts to ensure the confidentiality of your PHI, as required by statute and regulation. We take this commitment seriously and will work with you to comply with your right to receive certain information under HIPAA.

Disclosure of PHI

The DHHS promulgated guidelines for disclosure of PHI which Psomagen is in compliance with, in accordance with HIPAA, the categories listed below explain the restricted types of uses and disclosures of PHI that Psomagen may make. Some of the uses and disclosures described in the following may be limited or restricted by state laws or other legal requirements, such as, the Clinical Laboratory Improvement Amendments of 1988 (CLIA). Please contact our Privacy Officer, using the contact information provided at the end of this notice, for specific information regarding your state.

● Treatment

Psomagen may use or disclose PHI for treatment purposes, including disclosure to physicians, nurses, medical students, pharmacies, and other health care professionals who provide you with health care services and/or are involved in the coordination of your care, such as providing your physician with your laboratory test results.

● Payment

Psomagen may use or disclose PHI to bill and collect payment for laboratory services we provide. For example, Psomagen may provide PHI to your health plan to receive payment for the health care services provided to you.

● Healthcare Operations

Psomagen may use or disclose PHI for health care operations purposes. These uses and disclosures are necessary, for example, to evaluate the quality of our laboratory testing, the accuracy of results, accreditation functions, and for Psomagen’s operation and management purposes. Psomagen may also disclose PHI to other health care providers or health plans that are involved in your care for their health care operations. For example, Psomagen may provide PHI to manage disease or to coordinate health care or health benefits.

● Reminders and Health-Related Benefits and Services

Psomagen may use and disclose PHI to contact you as a reminder that you have lab results readily available and may use and disclose PHI to tell you about health-related benefits and services that may be of interest to you. For example, Psomagen may contact you about new testing services available at Psomagen based on services ordered by your physician.

● Disclosure of PHI to You

Psomagen may disclose PHI to you or as directed by you to a third party. Your right to see and receive a copy of your PHI is listed below under patient rights regarding PHI.

● Emergency Circumstances and Notifications

If you are present and capable, Psomagen will obtain your consent to use and/or disclose PHI about you during an emergency event to notify, or assist in the notification of a family member, your personal representative, or another person responsible for your care regarding your location, general condition, or death. Otherwise, Psomagen may exercise its professional judgment based on the circumstances and use and disclose PHI for your safety.

● Individuals Involved In Your Care or Payment For Your Care

Psomagen may disclose PHI to a person who is involved in your care or helps pay for your care, such as a family member or friend. 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

Psomagen may disclose PHI to its business associates to perform certain business functions or provide certain business services to Psomagen. For example, we use PWNHealth to evaluate your test results. All of our business associates are required to maintain the privacy and confidentiality of your PHI. In addition, at the request of your health care providers or health plan, Psomagen may disclose PHI to their business associates for purposes of performing certain business functions or health care services on their behalf. For example, we may disclose PHI to a business associate of Medicare for purposes of medical necessity review and audit.

● Disclosure for Judicial and Administrative Proceedings

Under certain circumstances, Psomagen may disclose your PHI in the course of a judicial or administrative proceeding, including in response to a court or administrative order, subpoena, discovery request, or other legal proceedings.

● Law Enforcement

Psomagen may disclose PHI for law enforcement purposes, including to respond to a court order, warrant, subpoena or summons, or similar process authorized by law. We may also disclose PHI when the information is needed: 1) for identification or location of a suspect, fugitive, material witness, or missing person, 2) about a victim of a crime, 3) about an individual who has died, 4) in relation to criminal conduct on Psomagen premises, or 5) 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.

● As Required By Law

Psomagen must disclose your PHI if required to do so by federal, state, or local law.

● Public Health

Psomagen may disclose PHI for public health activities. These activities generally include 1) disclosures to a public health authority to report, prevent or control disease, injury, or disability; 2) disclosures to report births and deaths, or to report child abuse or neglect; 3) disclosures to a person subject to the jurisdiction of the Food and Drug Administration (FDA) for purposes related to the quality, safety or effectiveness of an FDA-regulated product or activity, including reporting reactions to medications or problems with products or notifying people of recalls of products they may be using; 4) disclosures 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; and 5) disclosures to an employer about an employee to conduct medical surveillance in certain limited circumstances concerning work-place illness or injury.

● Disclosure About Victims of Abuse, Neglect, or Domestic Violence

Psomagen may disclose PHI about an individual to a government authority, including social services if we reasonably believe that an individual is a victim of abuse, neglect, or domestic violence.

● Health Oversight Activities

Psomagen may disclose PHI to a health care oversight agency for activities authorized by law such as audits, civil, administrative, or criminal investigations and proceedings/actions, inspections, licensure/disciplinary actions, or other activities necessary for appropriate oversight of the health care system, government benefit programs, and compliance with regulatory requirements and civil rights laws.

● Coroners, Medical Examiners, and Funeral Directors

Psomagen may disclose PHI to a coroner, medical examiner, or funeral director for the purpose of identifying a deceased person, determining the cause of death, or performing some other duty authorized by law.

● Personal Representative

Psomagen may disclose PHI to your personal representative, as established under applicable law, or to an administrator, executor, or other authorized individual associated with your estate.

● Correctional Institution

Psomagen 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.

● Serious Threat to Health or Safety

Psomagen is allowed to disclose PHI when it has a good faith belief that the disclosure (1) is necessary to prevent or lessen a serious and/or imminent threat to the health or safety of the patient or others and (2) is to a person or persons reasonably able to prevent or lessen the threat. For information on disclosures for serious threats or health or safety see the DHHS guidelines.

● Authorized Research

Psomagen may use and disclose PHI for authorized research purposes. Limited data or records may be viewed by researchers to identify patients who may qualify for their research project or for other similar purposes, so long as the researchers do not remove or copy any of the PHI (See de-identified information and limited data sets below). Before we use or disclose PHI for any other research activity, one of the following will happen: 1) a special committee will determine that the research activity poses minimal risk to privacy and that there is an adequate plan to safeguard PHI; 2) if the PHI relates to deceased individuals, the researchers give us assurances that the PHI is necessary for the research and will be used only as part of the research; or 3) the researcher will be provided only with information that does not identify you directly.

● Government Functions

In certain situations, Psomagen may disclose the PHI of military personnel and veterans, including Armed Forces personnel, as required by military command authorities. Additionally, we may disclose PHI to authorized officials for national security purposes, such as protecting the President of the United States, conducting intelligence, counter-intelligence, other national security activities, and when requested by foreign military authorities. Disclosures will be made only in compliance with U.S. Law.

● De-identified Information and Limited Data Sets

Psomagen may use and disclose health information that has been “de-identified” by removing certain identifiers making it unlikely that you could be identified. Psomagen also may disclose limited health information, contained in a “limited data set.” The limited data set does not contain any information that can directly identify you. For example, a limited data set may include your city, county, and zip code, but not your name or street address.

Other Uses and Disclosures of PHI

All other uses and disclosures for purposes not described above, Psomagen shall ask for your authorization before using or disclosing PHI. If you signed an authorization form, you may revoke it, in writing, at any time, except to the extent that action has been taken in reliance on your authorization.

Psomagen’s Safeguards and Protection

Psomagen will obtain your permission before disclosing the information to other health care providers who are not involved in your treatment program or care.

Psomagen’s Notification In the Event of Information Breach

Psomagen is required to provide our clients and customers notification if it discovers a breach of unsecured PHI unless there is a demonstration, based on a risk assessment that there is a low probability that the PHI has been compromised. You will be notified without unreasonable delay and no later than 60 days after discovery of the breach. Such notification will include information about what happened and what can be done to mitigate the harm.

Your Rights Regarding PHI

HIPAA establishes the following patient rights with respect to PHI, subject to certain exceptions:

How to Exercise Your Rights

To exercise any of your rights described in this notice, you must send a written request to:

Psomagen Inc., 
ATTN: HIPAA Privacy Officer
1330 Piccard Drive, Suite 103
Rockville, MD 20850

Or email us at compliance@psomagen.com

How to Contact Us or File a Complaint

If you have questions or comments regarding the Psomagen Notice of Privacy Practices or have a complaint about our use or disclosure of your PHI or our privacy practices, please contact: compliance@psomagen.com and request assistance from the HIPAA Privacy Officer or please write a written request to:

Psomagen Inc., 
ATTN: HIPAA Privacy Officer
1330 Piccard Drive, Suite 103
Rockville, MD 20850

Changes to Psomagen Notice of HIPAA Privacy Practices

Psomagen reserves the right to make changes to this notice and to our Privacy Statement from time to time. Changes adopted will apply to any PHI we maintain about you. Psomagen is required to abide by the terms of our notice currently in effect. When changes are made, we will promptly update this notice and post the information on the Psomagen website at www.psomagen.com. Please review this site periodically to ensure that you are aware of any such updates.

HIPAA Contacts

Psomagen works diligently to provide exceptional, quality service to all of its clients and is committed to implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For questions or concerns regarding HIPAA and your privacy rights please contact us at the following address:

Psomagen, Inc.
1330 Piccard Drive, Suite 103
Rockville, MD 20850
Effective Date of Notice: 10/13/2021