Privacy Practices

Privacy Practices
Notice of Privacy Practices
Skyemed Pharmacy and Infusion Services

Revised: 7/6/13

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.

Understanding your health record information

Each time you receive a prescription or durable medical equipment from Skyemed Pharmacy and Infusion Services (“Skyemed”) a record is made of this encounter. Typically, this record contains medical information from your referring physician, a prescription history, as well as other information you provide to us. In this “Notice of Privacy Practices,” the information contained in your records shall be referred to as your “health information.” “Health information” shall have the same meaning as “protected health information,” defined in the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).

Our responsibilities

Maintaining the privacy of your health information is essential to the nature of our business at Skyemed. We take the responsibility of protecting your health information very seriously and have implemented a variety of safeguards to ensure your information remains private. In addition to our responsibility to maintain the privacy of your health information, Skyemed is also required by law to:
Provide you with this Notice which sets forth our legal duties and privacy with respect to health information we collect and maintain about you;
Abide by the terms of this Notice, currently in effect, and as amended from time to time;
Notify you if we are unable to honor your request to restrict a use or disclosure of, or to amend, your health information; and
Accommodate reasonable requests you may have to communicate your health information by alternative means or at alternative locations.
We store some of your health information in electronic computer files. We back up our electronic records and employ other precautions to safeguard the integrity of your health information. In spite of these precautions, it is possible, however unlikely, that a computer crash or other technological failure could cause a loss of data. In addition, reasonable safeguards are employed to protect your health information stored on electronic media.
We reserve the right to change our privacy practices and to make the new provisions effective for all of your health information we already have, as well as any health information we receive or create in the future. Should our privacy practices change, we will post a copy of the revised Notice in our pharmacy, which indicates the effective date of the amended Notice. If a use or disclosure of your health information is not permitted under law without a written authorization, we will not use or disclose your health information without that written authorization. You may revoke a written authorization at any time by submitting a signed, written notice to Skyemed’s Privacy Officer using the contact information at the end of this Notice. However, your notice to revoke will not apply to any health information Skyemed may have used or disclosed prior to receiving such revocation.

Your health information rights

In addition to Skyemed’s obligation to maintain the privacy of your health information, you have the right, within the limits provided by federal and state law, to:

Inspect and obtain a copy of your health information. You have the right to access and copy health information contained in a “designated record set,” which includes your prescription and billing records. A signed, written request is required to obtain a copy of your health information. Skyemed may charge a reasonable fee to cover the cost of the request. Additionally, Skyemed may deny your request under certain conditions, including instances in which Skyemed believes that providing access to your health information could endanger your life, compromise your safety or cause harm to you or another person. If Skyemed denies your request, you will be notified in writing and you will have an opportunity to request a review of the denial.
Request an amendment to the health information contained in your designated record set. Should you request and obtain a copy of your health information from Skyemed and believe that your information is not accurate, you may submit a written request to amend it. Skyemed can either agree to amend your records or provide an explanation as to why your request has been denied. Should a request to amend be denied, Skyemed will instruct you how to appeal the decision.
Obtain an accounting of certain disclosures of your health information. Upon written request, Skyemed will provide you with an accounting of disclosures of your health information for purposes other than treatment, payment or health care operations. The accounting will not include disclosures made to you or those directly involved in your care, those made with your authorization, or certain other disclosures.
Request restrictions on certain uses and disclosures of your health information. You may submit a written request to place a restriction or limitation on the use or disclosure of your health information.
Receive confidential communications of your health information. You may request that we communicate with you about your health information by alternative means or at an alternative location. For example, you may request that we communicate with you only at a particular telephone number or address, or at a specific e-mail address with the appropriate consent.
Receive a paper copy of this Notice in addition to any electronic copy you may receive. You can obtain a paper copy of this Notice at any time by requesting one directly from Skyemed or printing a copy here (PDF).
You may exercise any of the above rights by submitting a signed, written letter detailing your request and mailing or delivering the letter to Skyemed. However, we encourage you to call first so that we can help you be as specific as possible with your request.

Uses & disclosures for treatment, payment & health care operations

The following are examples of ways Skyemed may use and disclose your health information which are permitted by law:
We will use your health information for treatment. Health information obtained by our staff from you or one of your health care providers may be recorded in our medical records. We may use this information for many treatment reasons, including but not limited to, contacting you regarding your care, dispensing prescription medication to you, verifying the accuracy of prescriptions being filled, and to help you avoid known drug allergies and adverse drug reactions. Any of your prescriptions filled by Skyemed, or purchases made through Skyemed, will be recorded. We may disclose your information via telecommunications, by fax, or in person. We may also disclose basic demographic information, limited to your name, address and telephone number, in order to deliver your medication, durable medical equipment, or other information to you. We may use your health information to inform you about patient support programs or patient assistance programs or other health-related benefits in which you may be interested. We may also provide your health information to other health care providers involved in your care in order to assist them in providing services to you. This includes other pharmacists acting on your behalf.

We will use your health information for payment purposes. Your health plan or health insurer may require certain information about your condition and/or the prescriptions you fill with us before payment will be made or for pre-authorization purposes. Accordingly, we may disclose your health information to your health plan or insurer for billing purposes. We may also contact you regarding payment or to inform you if you have a balance due on a prescription or device provided to you by Skyemed.

We will use your health information for regular health care operations. Members of our staff may review health information in your record in order to assess the care provided and the outcome of your case and others like it. This information will be used in an effort to continually improve the quality and effectiveness of our services. We may also use your health information within Skyemed to create de-identified information for data aggregation.

Additional uses & disclosures

The following are examples of additional uses and disclosures of your health information which are permitted:

Business Associates: Certain operations of our business may be performed by other businesses. We refer to these companies as “business associates.” In order for these business associates to perform the required services (billing, accounting services, etc.), we may need to disclose your health information to them so that they can perform the job we’ve asked them to do. To protect you, we enter into a contract which requires the business associate to appropriately safeguard your health information.
Communication with Persons Involved in Your Care: We may disclose health information that is directly relevant to your care to individuals you wish to receive such information, including family members, relatives, close personal friends, or other persons you identify. Before we do so, we will ask you, and follow your instructions, as to whether or not to make such disclosures. If you are incapacitated, or involved in an emergency, we may use or make disclosures of your health information that we believe, in our professional judgment, are in your best interest, but only to the extent that such health information is directly relevant to the recipients’ involved in your care.

Uses & disclosures required by law

We may use or disclose your health information, to the extent such use or disclosure is required by law, and is limited to the relevant requirements of such law, for:

Appointment Reminders and Information on Treatment Alternatives: We may contact you to provide appointment reminders or information about prescription alternatives or other health-related benefits, alternatives and services that may be of interest to you.
Public Health, Health Oversight and the Food and Drug Administration (FDA): As required by law, we may disclose your health information to public health or legal authorities charged with preventing or controlling disease, injury, or disability. We may also require by law to disclose your health information to health oversight agencies responsible for regulating the health care system, government benefit programs, and civil rights laws so that they may conduct, among other things, audits, investigations, and inspections. For the purpose of activities relating to the quality, safety and effectiveness of a FDA-regulated product or activity, we may disclose to the FDA your health information relating to adverse events with drugs, supplements, and other products, as well as information needed to enable product recalls, repairs, or replacements.
Victims of Abuse, Neglect or Domestic Violence: If we reasonably believe that you are a victim of abuse, neglect or domestic violence, we may disclose your health information to a governmental authority responsible for receiving these types of reports, to the extent the disclosure is required by law, or you agree to the disclosure. If the disclosure is authorized by law, but not required, we may disclose your information if we determine that disclosure is necessary to prevent serious harm to you or others.
Judicial and Administrative Proceedings: If you are involved in a judicial or administrative proceeding, we may, in response to an order of a court or administrative tribunal, or in response to a subpoena, discovery request, or other lawful process, disclose the specific portions of your health information that are requested.
Law Enforcement: We may disclose your health information to a law enforcement official for law enforcement purposes as required by law, a court ordered subpoena or summons, a grand jury subpoena, discovery request, or an administrative subpoena or summons, under certain circumstances. In specific situations, the law also permits us to disclose limited pieces of your health information, when the information is needed by law enforcement officials to:
1. identify a suspect, fugitive, material witness, or missing person;
2. identify a victim of a crime;
3. alert law enforcement officials concerning your death;
4. notify law enforcement officials when a crime has been committed on our premises; or
5. in an emergency, when necessary to alert law enforcement officials about a crime, its location, or the identity or perpetrator.
Coroners, Medical Examiners and Funeral Directors: We may disclose your health information to a coroner or medical examiner for the purpose of identifying you upon your passing, or to determine a cause of death. We may also disclose your health information to your funeral director if needed to complete his or her authorized duties.
Organ, Eye, or Tissue Donation: If you are an organ, eye, or tissue donor, we may release your health information to organizations that procure, bank or transplant organs for the purpose of facilitating organ, eye or tissue donation and transplantation.
Research: We may disclose your health information to researchers when their research has been approved by an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your health information, thereby meeting the requirements under HIPAA. We may also disclose your health information for the purpose of research or public health care operations pursuant to a Data Agreement protecting that information as specified by HIPAA.
Avert a Serious Threat to Health or Safety: Consistent with applicable law and standards of ethical conduct, we may, in limited circumstances, use or disclose your health information if we, in good faith, believe such use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
Military Personnel: If you are a member of the United States Armed Services, we may disclose your health information to the appropriate military command authority when such information is deemed necessary to assure the proper execution of the military mission.
National Security and Presidential Protective Services: We may disclose your health information to authorized federal officials for the conduct of lawful intelligence and national security activities, as well as the provision of protective services to the President and other protected individuals.
Inmates and Individuals in Custody: If you are an inmate or otherwise in custody, we may disclose your health information to the correctional facility or law enforcement official having lawful custody of you.
Workers’ Compensation: We may disclose your health information to the extent authorized and necessary to comply with laws relating to workers’ compensation or other similar programs established by law.
More stringent laws
If your state has laws or regulations that are more stringent than those set forth in HIPAA, Skyemed will adhere to the more stringent law regarding your health information. If you would like a copy of the more stringent privacy laws, if any, in your state, please contact Skyemed using the information at the end of this Notice.

Our pledge

We will endeavor to protect the privacy of your health information. If you have any questions, comments, or concerns regarding the policies set forth above, please do not hesitate to discuss such matters with one of our pharmacists or to contact our Privacy Officer directly using the information at the end of this Notice.

Complaints

If you believe your privacy rights have been violated, you may file a complaint with Skyemed and/or with the Secretary of the Department of Health and Human Services, or his designee. If you wish to file a complaint with Skyemed, please contact our Privacy Officer using the information at the end of this Notice. If you wish to file a complaint with the Secretary, please write to:

The U.S. Department of Health and Human Services
Office of Inspector General
200 Independence Ave. S.W.
Washington, D.C. 20201

Skyemed will not retaliate, take any adverse action against you, or penalize you in any way, as a result of your filing of a complaint.

Contact information

If you have any questions about Skyemed’s privacy practices, or for clarification about anything contained within this Notice, please contact:

Skyemed Pharmacy, Inc.
Attn: Privacy Officer
1332 North Federal Highway
Pompano Beach, FL 33062
Phone: 866.778.8255