HIPAA Notice of Privacy Practices
This Notice describes how medical information about you may be used and disclosed by Metabolic Code Enterprises, Inc. (“Company”) in its capacity as a Business Associate to the Company’s affiliated physician, trainers and other persons who provide you with care (“Affiliate”), and also tells you how you can get access to this information. Please review this Notice carefully.
What is your medical information? All the personal and health care related information the Affiliate and the Company have on record, which may including your medical history, current condition, diagnosis, examination notes, test results, supplement ordering history and/or prescriptions.
Why are you getting this Notice? The Company is a Business Associate to the Affiliate and, as such, performs certain administrative functions and provides certain services for the Affiliate which require access to your medical record. As a Business Associate, the Company must comply with the HIPAA Privacy Rule that requires Company to protect the confidentiality of your medical information. As a medical services provider, the Affiliate must also comply with the HIPAA Privacy Rule. The Privacy Rule also gives you certain rights with respect to your medical information. This Notice explains both our obligations and your rights under the Privacy Rule.
Your rights: Although your physical medical file belongs to the Company and/or the Affiliate, the information in your file belongs to you. You therefore have the right to:
- Request that the Affiliate and the Company restrict the use or disclosure of your medical information for treatment, payment, and health care operations. Please note that neither the Affiliate nor the Company has to agree to the requested restrictions but if either one does agree, they must abide by the restrictions. Please also note that the Company is not a medical services provider . The Company is providing this Notice strictly in its role as a Business Associate to the Affiliate.
- Request that the Affiliate and the Company use an alternative means to communicate with you on a confidential basis about your medical information. You may also request that we send such communications to you at an alternative location.
- Inspect and copy your medical information for as long as the Affiliate and/or the Company maintain your medical record. Under certain specific circumstances, the Affiliate and/or the Company may deny your request but this denial is, in most cases, reviewable. Please also note that there is some medical information that you do not have a right to access, including psychotherapy notes and information prepared in anticipation of civil, criminal, or administrative proceedings.
- Request in writing that the Company send you a copy of any personal records it may have, however, the Company is allowed to charge a reasonable amount for any applicable administrative activity.
- Request in writing that the Affiliate and the Company amend your medical information or record, unless the record is already accurate and complete or neither your physician nor the Company created the information you wish to amend. The Company will act on your written request and either make the amendment or provide you with a written denial.
- Except for certain disclosures, request an accounting of disclosures of your medical information by both the Affiliate and the Company.
- Receive a copy of this Notice.
Company’s obligations: We are required to do the following:
- Maintain the privacy of your medical information and provide you with this Notice.
- Abide by the terms of this Notice.
- Notify you if we cannot agree to a use or disclosure restriction you request.
- Accommodate your reasonable request to communicate with you via alternative means or at an alternative location.
Please note that the Company reserves the right to change its privacy practices and apply the changes to your medical information.
Uses and disclosures: These are some examples of the uses and disclosures of your medical information that the Company will make:
- Health care operations: The Company maintains a comprehensive electronic health record (“EHR”) system which the Affiliate uses to access your medical record and to add information to that record. The Company will use the information in your medical record on the EHR to produce reports and provide administrative and support services to the Affiliate.
- Payment: The Company will handle the billing for any goods or services that are ordered by you or on your behalf by an Affiliate and will collect any amount due from the appropriate party. All billing information, including any back-up sent with the bill may identify you and may include information about the types of reports produced for you.
- Business Associates: The Company may use outside consultants, including financial, IT and legal consultants, who may, in connection with providing services to the Company, have the need to access the EHR system. The Company may disclose your information to these outside consultants for the purpose of enabling them to provide the requested services to the Company. Before Company discloses any of your medical information to such outside consultants, we will require the contractor to sign a Business Associate Agreement in which the consultant agrees to protect the confidentiality of your medical information.
- We may disclose your medical information as required by law, including to the Centers for Medicare and Medicaid Services or other regulatory agency; in response to an order of court or administrative tribunal and as required by a valid subpoena; for law enforcement purposes; for public health purposes; to governmental authorities, including social service or protective service agencies, if we believe you have been the victim of abuse, neglect or domestic violence; to a health oversight agency for oversight activities authorized by law; to avert a serious threat to health or safety; in connection with specialized government functions including military or veteran’s activities, national security and intelligence activities and national security or intelligence activities; or during a medical emergency as necessary to protect your welfare.
- The Company may only make other use and/or disclosure of your medical information that are not related to treatment, payment or health care operations with your prior written authorization. If the Company wishes to use your medical information for any such other purpose (for example, marketing), we will seek your permission first and give you the option of opting out or restricting the use of the information. You may revoke the authorization to utilize the information at any time.
Complaints: If you think your privacy rights have been violated, please contact email@example.com and/or the federal Office of Civil Rights.
Contact: If you have any questions or complaints regarding your medical information or anything contained in this Notice, please contact firstname.lastname@example.org.
Effective date: This Notice is effective as of May 27th, 2020, until revised or revoked.