HIPAA Privacy Notice
1. HIPAA Privacy Notice
Effective Date: April 14, 2003
Revised Date: November 19, 2021 (currently in effect)
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
Liberator Medical Supply, Inc.™ (“Liberator Medical,” “we,” or “our”) is required by law to maintain the privacy of its patients’ Protected Health Information (“PHI”). “Protected Health Information” includes certain information about a Liberator Medical™ patient (“you” or “your”) that may identify you, and that relates to your past, present, or future physical or mental health or condition, and related health care services. This Notice of Privacy Practices, revised and currently in effect as of November 19, 2021 (the “Notice”), describes how we may use or disclose PHI to carry out treatment, payment, and/or health care operations, and for other purposes that are permitted or required by law. This Notice and its contents pertain to your data when it is PHI.
We are required to abide by the terms of the Notice that are currently in effect. We reserve the right to revise the terms of the Notice at any time. Any revised Notice shall be posted on www.liberatormedical.com and shall contain an effective date. Any PHI maintained by Liberator Medical shall be subject to the terms of the Notice that are currently in effect. Upon your request, we will provide you with a paper copy of the Notice currently in effect. Requests can be made by contacting Liberator Medical in the manners identified below.
In your request, please indicate whether you would like to receive a copy of the Notice (a) by mail or (b) by email. Based on your choice, make sure to include your email address or mailing address.
By Mail: Liberator Medical Supply, Inc. 1823 SE Airport Rd, Stuart, FL 34996
By Email: [email protected]
Phone: 1 (800) 323-0914
2. YOUR HEALTH INFORMATION RIGHTS
Although your health record is the physical property of the health care practitioner or facility that compiled it, the information belongs to you. You have the right to:
- Request restrictions on certain uses and disclosures of your PHI;
- Request restrictions on the disclosure of your PHI for the purpose of payment for our operations with your health insurer, if you pay for a service or health care item out-of-pocket in full. We will say “yes” unless a law requires us to share that PHI;
- Request restrictions on the disclosure of your PHI for the purpose of payment for our operations with your health insurer, if you pay for a service or health care item out-of-pocket in full. We will say “yes” unless a law requires us to share that PHI;
- Inspect and obtain a copy of any PHI we have on file for you (other than in some cases, psychotherapy notes, and information compiled in reasonable anticipation of, or for use in, civil, criminal, or administrative action or proceeding);1
- Amend incorrect or incomplete information contained in any PHI we have on file for you;2
- Obtain an accounting of certain disclosures of your PHI within the past 6 years;3
- Request that communications of your PHI be delivered confidentially by alternative means or at alternative locations;
- Choose someone to act for you (i.e. power of attorney, legal guardian); and
- File a complaint if you feel we have violated your rights.
1 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.
2 If we decline your request, we will inform you of our rationale, in writing, within 60 days of your request.
3 We will provide one accounting per year for free, but will charge a reasonable, cost-based fee for additional accountings requested within a 12-month period.
3. OUR RESPONSIBILITIES
Liberator Medical™ is required by law to:
- Maintain the privacy of your PHI;
- Provide you with a notice as to our legal duties and privacy practices with respect to PHI we collect and maintain about you;
- Notify you following a breach of unsecured PHI; and
- Abide by the terms of the Notice currently in effect.
4. PERMITTED USES OR DISCLOSURES
We may use or disclose your PHI for the following permitted reasons:
1. Treatment
We may use and share your PHI with other professionals who are treating you.
Example: We may provide your treating physician with various medical records that he or she requested as part of deciding how to treat you.
2. Payment
We may use and share your PHI to bill and receive payment for services we provide.
Example: We may need to give your health plan information about products you received so that your health plan will pay us for the care. We may also tell your health plan about a product you may receive so we can obtain prior approval or determine whether your plan will cover the product provided to you.
3. Health Operations
We may use and share your PHI to review our services, evaluate the performance of our staff, and contact you when necessary.
Example: We may combine medical information about many patients to decide what additional services or products we should offer and what services or products we should not.
5. OTHER USES OR DISCLOSURES
We may use or disclose your PHI for the following other reasons:
1. Public Health and Safety
We may use or disclose your PHI for public health activities, such as to (i) prevent or control disease, injury, or disability; (ii) notify people of product recalls; (iii) report reactions to medications or problems with products; (iv) notify the appropriate government authority if we believe a patient who is a minor or disabled adult has been a victim of abuse, neglect or exploitation; (v) notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; or (vi) report births or deaths.
2. Research
We may use or disclose your PHI to researchers when their research has been approved by an institutional review board that has established protocols to ensure the privacy of your PHI.
3. Law Enforcement
We may release PHI (i) in response to a court order, criminal subpoena, warrant, summons or similar process, or whenever otherwise authorized by law; (ii) if asked to do so by a law enforcement official investigating criminal conduct or to the Secretary of Health and Human Services to investigate or determine our compliance with the requirements of the HIPAA Privacy Rule; and (iii) 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.
4. Organ Tissue and Donation Requests
We may use or disclose your PHI to organ procurement organizations.
5. Medical Examination/Funerals
We may use or disclose your PHI with a coroner, medical examiner, or funeral director, if you die.
6. Workers Compensation
We may use or disclose your PHI to the extent authorized by, and to the extent necessary to comply with, laws relating to workers compensation or other similar programs established by law.
7. Lawsuits and Disputes
We may disclose PHI in response to a court or administrative order. We may also disclose PHI in response to a civil subpoena, discovery request, or other lawful process under the law. Parties using these legal procedures to get PHI may have an obligation to tell you about the request or to obtain an order protecting the information requested.
8. Military and Veterans
If you are a member of the armed forces, we may release PHI as required by military command authorities.
9. As Required by Law
We will disclose PHI when required to do so by federal, state, or local law.
10. Business Associates
We may disclose PHI to business associates who provide services to or on behalf of us. Our business associates have the same obligation to keep PHI confidential as we do. We must require our business associates to ensure that PHI is protected from unauthorized use or disclosure.
11. Health Oversight
We may disclose PHI to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.
12. De-identified Information
We may de-identify your PHI in accordance with the HIPAA standards. PHI that is de-identified in accordance with the HIPAA standards is not considered PHI, and therefore, we may use and disclose your de-identified information for any lawful purpose, including without limitation, for research purposes.
13. Placing, Paying for, or Refunding an Order
We may use and disclose PHI in order to sell, ship, return, or refund a product you purchase from us.
Once health information about you has been disclosed pursuant to a HIPAAAuthorization, HIPAA protections may no longer apply to the disclosed health information, and that information may be re-disclosed by the recipient without your or our knowledge or authorization.
6. USES AND DISCLOSURES THAT YOU CONTROL
1. Communication with Family
Under most circumstances,
2. Fundraising
Although we may contact you for fundraising efforts, you have the right and choice to tell us not to contact you again.
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
7. USES AND DISCLOSURES THAT REQUIRE YOUR AUTHORIZATION
Except as identified in the Notice or otherwise permitted or required by HIPAA, Liberator Medical™ will not use or disclose your PHI without a valid authorization. You may revoke an authorization at any time, provided that (i) the revocation is in writing and (ii) Liberator Medical™ has not taken any action based on your authorization. Liberator™ cannot retract any PHI disclosed pursuant to your authorization.
1. Marketing4
Unless you give us separate written authorization, we will not use or disclose your PHI for marketing.
2. Sale of PHI
Unless you give us separate written authorization, we will not sell your PHI.
3. Psychotherapy Notes
Unless you give us separate written authorization, we will not use or disclose any of your PHI related to psychotherapy notes.
8. STATE LAW
We are required to comply with state privacy laws when they are stricter (or more protective of your PHI) than federal law. Some types of sensitive PHI, such as HIV information, genetic information, alcohol and/or substance abuse records and mental health records may be subject to additional confidentiality protections under state or federal law.
9. COMPLAINTS
If you believe your privacy rights have been violated, you can file a complaint with our Privacy Officer or with the Secretary of Health and Human Services. There will be no retaliation for filing a complaint. You may contact:
Liberator Medical Supply, Inc.
Attn: John Murphy, Privacy Officer
1823 SE Airport Rd.
Stuart, FL 34996
(772) 287-2414
US Department of Health and Human Services Office for Civil Rights
200 Independence Avenue, S.W.
Washington, D.C. 20201
(877) 696-6775
