However, marketing does mean any communication from Southend Pharmacy or a business associate of Southend Pharmacy to a patient about a product or service that encourages the patient to purchase or use the product or service if Southend Pharmacy receives financial remuneration from the other entity or its affiliate to make such a communication.
Financial remuneration means direct or indirect payment from or on behalf of a third party whose product or service is being described. Direct or indirect payment does not include any payment for treatment of an individual.
Southend Pharmacy can only use PHI for marketing purposes if Southend Pharmacy obtains an individual’s authorization. The individual must authorize these marketing communications before they occur.
Southend Pharmacy may not receive any financial remuneration in exchange for any PHI of an individual unless Southend Pharmacy obtains an authorization from the individual which indicates that the individual’s PHI can be exchanged for remuneration to the Southend Pharmacy from the entity receiving the PHI. The following exceptions apply:
Any communication that could be construed as being marketing will be evaluated by the Privacy Officer prior to the communication being sent. Legal counsel may also evaluate these communications.
If it is determined that the communication falls within the definition of marketing, a patient’s authorization will be obtained as required by 45 CFR 164.508.
No PHI may be provided to any third party in exchange for financial remuneration unless one of the exceptions listed above in Section D is applicable.
All complaints regarding the privacy practices must be reported to the Privacy Officer. The Privacy Officer shall investigate all privacy-related complaints.
Protected health information (PHI) will not be used or disclosed without a written authorization to do so from the individual or a person authorized to act on behalf of the individual in making health care decisions unless HIPAA allows disclosure without an authorization. (See Policy Number 7: Uses and Disclosures of Protected Health Information For Which An Authorization Is Not Required).
Southend Pharmacy may use and disclose PHI without a patient authorization in all of the situations listed below. If you receive a request to release PHI outside of the organization and you are not typically involved in releasing such information you must contact the Privacy Officer before any PHI can be released.
There will be an immediate investigation of all situations that might involve a Breach of unsecured protected health information (PHI). If a Breach has occurred, notification will be provided to all affected individuals, the Department of Health and Human Services (HHS), and if applicable, the media, in accordance with this policy.
Any reasonable request for confidential communications of protected health information (PHI) must be accommodated. Individuals need not explain the reason for their request. However, the request must be reasonable, be made in writing, and specify an alternative address or method of contact.
All requests for restrictions on uses and disclosures will be considered by Southend Pharmacy.
Disclosures for purposes other than treatment, payment and healthcare operations that are not specifically authorized by the patient shall be tracked. Southend Pharmacy must act on the individual’s request for accounting, no later than 60 days after receipt of the request.
An individual’s protected health information (PHI) in a Designated Record Set will be amended at the request of the individual, in accordance with HIPAA requirements.
An individual has the right to request access to his or her own protected health information (PHI) in a designated record set.
An individual’s personal representative will be treated as the individual with respect to the individual’s rights under HIPAA, for example, accounting of disclosures, amendment of PHI, and right to request access to PHI.
The protected health information (PHI) of deceased individuals is subject to the same standards of use and disclosure as applies to the PHI of living individuals for fifty (50) years following the death of the individual.
The protected health information (PHI) of deceased individuals is subject to the same standards of use and disclosure as applies to the PHI of living individuals for fifty (50) years following the death of the individual.
The Privacy Regulations allow use and disclose of protected health information (“PHI”) for certain purposes, provided that, except in emergency situations, such use or disclosure is consistent with the individual’s agreement or the individual’s failure to object after being given an opportunity to do so.
Appropriate steps must be taken to dispose of any documents, film or hard copy materials that contain protected health information (PHI).
Southend Pharmacy will cooperate with the Secretary of the United States Department of Health and Human Services (“Secretary”) if the Secretary investigates whether Southend Pharmacy has complied with the HIPAA requirements.
The Privacy Regulations allow Southend Pharmacy to de-identify protected health information (“PHI”). Southend Pharmacy will comply with the HIPAA standard for de-identification.
Southend Pharmacy may use limited sets of PHI for the purpose of raising funds.
Southend Pharmacy has in place the appropriate administrative, technical, and physical safeguards to protect the privacy of Protected Health Information (“PHI”).
Requests for an exception to this Policy must be submitted for approval.
Any known violations of this policy should be reported. Violations of this policy can result in immediate withdrawal or suspension of system and network privileges and/or disciplinary action in accordance with company procedures up to and including termination of employment.