NOTICE OF PRIVACY PRACTICES FOR PROTECTED HEALTH INFORMATION

This notice describes how your medical information may be used and disclosed, and how you can access this information. Please review it carefully.

The Privacy Rule of the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) took effect April 14, 2003, and created new rights for you with respect to your Protected Health Information (PHI). Exagen Diagnostics, Inc. (“Exagen”) is required to provide you with a copy of this notice on your request, and to abide by the terms of our most current notice. An electronic copy of this notice may be obtained at Exagen’s website at www.exagen.com.

Protected Health Information (PHI) is information that relates to your past, present, or future: health treatment, participation in research, and/or information related to payment of your health care services. The most important factor in the federal government’s decision to protect the privacy of health information through legislation is the rapid evolution of computer technology and its use in the provision of health care or research. Exagen places a high value on the privacy of your health information and is required by law to protect it. The following section includes different ways that Exagen is permitted to use and disclose medical information. Not every use or disclosure will be listed. However, all of the ways in which Exagen is permitted to use and disclose your information will fall within one of the categories.

 

HOW EXAGEN MAY USE YOUR HEALTH INFORMATION WITHOUT YOUR WRITTEN AUTHORIZATION

 

TREATMENT - Exagen will use your health information to provide you with the best laboratory service possible. This may include communication with your physician to report testing results or to clarify a laboratory test order.

PAYMENT - Exagen may include your health information as part of an invoice used to collect payment for laboratory testing you received through Exagen. We may do so by sending an electronic or hardcopy claim to your insurance company.

OPERATIONS - Exagen uses and shares health information internally and with appropriate regulatory agencies as part of our ongoing quality assurance and quality improvement activities.

DISASTER RECOVERY OR EMERGENCIES - We will use professional judgment to decide whether sharing your health information is in your best interest during a health emergency.

LAW ENFORCEMENT - As permitted or required by state or federal law, Exagen may disclose your health information to a law enforcement official for certain purposes, for example to assist law enforcement in the event that you are the victim of a crime or you are accused of criminal activity.

PUBLIC HEALTH - Exagen may be required to disclose to federal or state officials or military authorities, health information necessary to complete an investigation related to public health or national security. Such information is sometimes needed for the control or prevention of an epidemic, or to increase understanding of the side effects of a drug treatment.

ORGAN & TISSUE DONATION - Your health information may be shared with organizations that obtain, store, or transplant human organs and tissues.

WORKERS COMPENSATION - Your health information may be used or shared as required by workers compensation laws.

CORRECTIONAL INSTITUTIONS - If you are an inmate, your health information may be shared with correctional institutions or law enforcement officials in order to protect your health or the health and safety of others.

HEALTH OVERSIGHT AGENCIES - Exagen is required by law to share health information with the Secretary of the U.S. Department of Health and Human Services (HHS) to determine compliance with the HIPAA Privacy Rule. Exagen is also required by law to share health information with the Centers for Medicare and Medicaid Services (CMS), a federal agency within HHS, when such information is requested for management of the Medicare and Medicaid programs.

ABUSE OR NEGLECT - Exagen will notify government authorities if we believe that a patient is the victim of abuse, neglect, or domestic violence. Exagen will make this disclosure only when compelled to do so by our ethical judgment or when we believe we are specifically required by law to do so.

 

HOW EXAGEN MAY USE YOUR HEALTH INFORMATION AFTER OBTAINING YOUR WRITTEN AUTHORIZATION

 

RESEARCH - Some Exagen patients may choose to participate in research studies conducted by various organizations. In such cases, Exagen will accept a combined written authorization signed by you to: 1) participate in the research study and; 2) use and disclose your health information under that study as your valid written authorization for Exagen to use and disclose your health information to that study.

LEGAL REQUESTS - Exagen will only release your Protected Health Information to attorneys with your valid written authorization.

MARKETING - Exagen does not use, sell, or distribute identifiable patient information for any marketing purpose whatsoever.  

DISCLOSING YOUR PROTECTED HEALTH INFORMATION TO FAMILY MEMBERS - With your written authorization, Exagen may disclose to a family member (or other person close to you) health information directly relevant to your care, payment of your healthcare services, location, general condition, or death. Exagen may attempt to obtain your agreement or objection orally. In an emergency circumstance, we may exercise professional judgment to determine whether disclosure of Protected Health Information is in the patient’s best interest.

 

PATIENT RIGHTS UNDER THE HIPAA PRIVACY RULE

 

CONFIDENTIAL COMMUNICATIONS - You have the right to request that we communicate with you in a certain way. You may request that we communicate your health information privately, with no other family members present, and/or through mailed communications that are sealed. We will endeavor to honor your reasonable requests for confidential communications.

ACCESS - You have the right to request a copy of your health information and billing records. Please notify Exagen if you would like to receive this information. We will respond to your request within 30 days. We may need to charge you a reasonable fee to duplicate and assemble your copy.  In certain circumstances your request may be denied, in which case we will provide you with a written denial explaining why.

NOTICE - You have the right to obtain a paper copy of Exagen’s Notice of Privacy Practices for Protected Health Information directly from any of our facilities at any time or from our web site, www.exagen.com.

COMPLAINTS - If you believe your privacy rights have been violated, you may file a complaint with the Exagen Privacy Officer or with the Secretary of the U.S. Department of Health and Human Services (HHS) Office for Civil Rights, http://www.hhs.gov/ocr/privacy/hipaa/complaints/. All complaints must be submitted in writing, either electronically or on paper. You will not be penalized or retaliated against for filing a complaint. If you have questions on how to file a complaint, contact the Exagen Privacy Officer at (505) 272-7065.

AMEND - You have the right to ask us to update or modify your records during the time they are retained by Exagen if you believe your health information record is incorrect or incomplete. Your request must be in writing and must be sufficiently detailed to support the request. Your request may be denied if the health information record was not created by our organization or if the existing health information is determined to be accurate and complete.

RESTRICTIONS - You have the right to request that Exagen restrict or limit its use or disclosure of your Protected Health Information for treatment, payment, or health care operations. While we will consider your written request, we are not required by law to agree to such a restriction or limitation.

DISCLOSURES - You have the right to receive a written list of how and where your health information might have been used without your written authorization other than for Exagen’s treatment, payment, or health care operations. The time period specified in your request must fall within the six-year period preceding your request date and may not include dates prior to January 1, 2009. We may need to charge you a reasonable fee to cover the direct expenses associated with your request. Exagen Diagnostics, Inc. reserves the right to change the privacy practices described in this notice at any time and to make the new notice effective for all Protected Health Information we maintain. If the terms of this notice change, a new notice will be posted on our website at www.exagen.com.

 

TO FORWARD YOUR WRITTEN REQUESTS:

Exagen Diagnostics, Inc.
Attention: Exagen Privacy Officer
801 University SE, Suite 209
Albuquerque, NM 87106.

TO EMAIL YOUR COMMENTS, CONCERNS OR QUESTIONS:

Exagen Privacy Officer
Email: PrivacyOfficer@exagen.com

TO SPEAK WITH THE EXAGEN PRIVACY OFFICER:

Exagen Privacy Officer
Tel: (505) 272-7065