OUR COMMITMENT TO PROTECT YOUR HEALTH INFORMATION
This notice describes how protected health information (PHI) may be used and disclosed. It also describes how you can access it.
Please read it carefully:
OUR LEGAL RESPONSABILITY
Alivia Health is committed to protecting your protected health information (PHI). PHI is information that identifies you (e.g., first name, last name), including demographic information (such as address, zip code), that we obtain from you to provide services to you, or that is created or received by a health care provider, business associates, health plans, among others, and that is related to: (1) your past, present or future physical or mental health or condition; (2) the provision of health care services provided to you; (3) past, present, or future payments for the provision of health care services.
We are required by law to maintain the privacy, security, and confidentiality of your PHI and to provide you with this Notice explaining our legal responsibilities and privacy practices with respect to your PHI. Your PHI is part of your health record, which in turn is under the physical control of Alivia Health. However, the information in this file is your property and belongs solely to you. We provide examples of how we may use and disclose your PHI, although all permitted uses and disclosures are listed in this Notice. Alivia Health, its employees, and business associates (contractors) are required to follow the provisions contained in this Notice and any amendments to this Notice.
USE AND DISCLOSURE OF YOUR PHI
Alivia Health may use and disclose PHI without your written authorization for treatment, payment, or health care operations.
The following categories describe and provide some examples of the different ways in which PHI may be used or disclosed for these purposes:
Alivia Health may use or disclose PHI to coordinate the treatment, medications, or services you receive. For example, we may:
Disclose your PHI to third parties, such as pharmacies, physicians, hospitals, or other health care providers, to assist them in providing or coordinating health care services. In some cases, the use and disclosure may be made through the electronic health record or other types of electronic systems, or through tools and platforms that provide security for PHI.
Communicate with your healthcare provider regarding services provided or to be provided by Alivia Health, such as medication refills, compliance notices, or treatment alternatives (e.g., availability of generic products).
Recommend possible treatment options and alternatives that may be of interest to the patient.
Alivia Health may use or disclose PHI to collect payments for services provided and to conduct any other payment activities related to the services we provide. For example, Alivia Health may:
Share your PHI with your health plan, pharmacy benefit manager, or other health payer to determine if they will pay for the health services and products you need and estimated the amount you may owe.
Contact you to inform you of payment or balance of medications delivered by Alivia Health. Alivia Health may also disclose PHI to other health care providers, health plans, or any other entity covered by the Health Insurance Portability and Accountability Act (HIPAA) that may require payment for its activities.
Health Care Operations
Alivia Health may use or disclose PHI for health care operations. These activities are necessary for the operation of our organization. For example, we may:
Use and disclose PHI to monitor the quality of our health services, to provide customer services, to resolve complaints, and to coordinate care.
There are some services at Alivia Health that are provided by other individuals or organizations through service contracts. Some examples include lawyers, accountants, and consultants, among others. When Alivia Health contracts with a business associate to provide of services, it may be necessary to disclose health information to perform the tasks under contract. Alivia Health requires its business associates to strictly comply with privacy and security requirements in the use of information and ensure its confidentiality, in accordance with the provisions of HIPAA.
Persons involved in the patient's medical care and reimbursement for services rendered
Alivia Health may disclose your PHI to any friend, personal representative, relative, or any other person you identify as a caregiver or who participates in your medical care or payment for such services.
Alivia Health may disclose your PHI to the extent necessary to comply with applicable laws relating to occupational insurance or similar programs. These programs provide benefits for work-related injuries or illnesses.
Disclosures Required by Law
Alivia Health may disclose your PHI as required by state and federal law.
PHI may be disclosed as required by a law enforcement officer in the following circumstances:
In response to a court order, subpoena, authorization, or similar process
To identify or locate a suspect, fugitive, prosecution witness, or missing person
In relation to a victim of crime if, in certain specific circumstances, we are unable to obtain the institution’s consent
In relation to a death believed to have resulted from a murder
In relation to a crime that occurred in the institution
In event of an emergency, to report a crime, its location, the victims or related identities, and the description or location of the person who committed the crime
Warning of health or safety hazards
PHI may be used and disclosed as necessary to prevent a threat or danger to the health and safety of the patient or any other person. However, this information will be disclosed to those who are able or qualified to help prevent the threat.
Federal Food and Drug Administration (FDA)
PHI may be disclosed to the FDA to prevent an imminent threat to national public health or safety related to adverse events related to food, supplements, products, and product defects, among others.
For public health and safety purposes
PHI may be disclosed for public health activities, such as:
Prevention or management of illness, injury or disability, birth and death reports
Reports of Child Abuse and Neglect
Reports of drug reactions or problems with products
Notifications to let people aware of the products they can use
Notifications to relevant government agencies if a patient is believed to have been the victim of abuse, neglect, or domestic violence.
This information will be provided if the patient agrees with it or if required by law.
Health Monitoring Activities
Alivia Health may disclose PHI to other agencies overseeing certain activities, such as audits, investigations, inspections, licensure, disciplinary or civil actions, administrative and criminal proceedings, and as deemed necessary to monitor the health care system, government programs, or compliance with civil rights laws.
Alivia Health may use or disclose your PHI for research purposes when an institutional or privacy review board reviews the research proposal, approves it, and establishes protocols to ensure the privacy of your PHI, with your prior consent. Your PHI may also be used or disclosed for graduate program studies, with your prior consent.
Cases involving forensic pathologists, funeral directors, and organ donors
We may use or disclose PHI to forensic pathologists to help identify deceased persons, determine the cause of death, or perform other duties authorized by law. We may also disclose information to funeral directors so that they may perform their duties in relation to the decedent, and to organizations that handle organ, eye or tissue procurement, banking, or transplantation.
Military and veterans
If you are a member of the armed forces, your health information may be disclosed as required by military authorities. PHI of foreign military personnel may be released to appropriate foreign military authorities.
Alivia Health may use or disclose PHI to notify or assist in notifying your relative, personal representative or any other person responsible for your care, of your location, general condition, or death. We may also disclose PHI to disaster recovery organizations to notify your family or others responsible for your care, your location, general condition, or death.
If you are an inmate or enter a correctional facility, Alivia Health may disclose your PHI to the correctional facility or its agents to assist them in providing health care services and to protect your health and safety or the health and safety of others.
National security and intelligence activities
PHI may be disclosed to authorized federal officials for intelligence or other national security activities authorized by law.
Marketing is communicating about a product or service to encourage the recipient of such information to purchase or use the advertised product or service. It is also an agreement between a covered entity (such as Alivia Health's pharmacy chain), and any other entity through which PHI is disclosed, in exchange for direct or indirect remuneration, for the other entity to communicate about its own products or services, encouraging the use or purchase of such products or services.
Alivia Health shall obtain your authorization to use or disclose your protected health information for marketing purposes, except in communications we make personally with you or communication involving a nominal price promotional gift.
Alivia Health and/or our business partners may contact you without your prior authorization for the following exceptions:
Provide you with information to describe products or services related to your health or payment for them;
Communicate information about your treatment;
Manage your case or health care coordination; and/or
Recommend or recommend alternative treatments, therapies, health care providers, or care settings.
If someone pays for a service in full and out of pocket (in other words, the person asked to make a full direct payment), that person has the right to request that the service not be disclosed to the health plan.
PATIENTS' RIGHTS RELATED TO HEALTH INFORMATION
Inspection and copying
You have the right to inspect and obtain a copy of the health information used to make decisions about your health care. This usually includes clinical information and billing records.
Right of amendment
If you believe that the health information the organization has about you is inaccurate and incomplete, you have the right to request an amendment of that information. For example, if your date of birth is incorrect, you can ask to have it corrected. You have the right to request amendments while the information is being stored by or for the organization.
Records of Disclosures
Patients have the right to request records of disclosures. These are lists of disclosures Alivia Health has made of patient-related health information.
Restrictions on requests for information or their disclosure
You have the right to request a restriction or limitation of the health information that Alivia Health uses or discloses about you for treatment, payment, or health activities.
Request for confidential communications
You have the right to request that Alivia Health contact you, using a specific phone number or address. For example, you can ask to be contacted at your workplace or by regular mail, email, or text message.
Right to a Copy of this Notice
You have the right to obtain a copy of this Notice, either in paper or electronic format. You may request a copy of this Notice at any time from the Quality and Compliance Director or the Privacy Specialist.
OTHER USES OF PHI
Alivia Health may be part of and collaborate with other organizations to which we provide and electronically disclose PHI so that that organization can aggregate it with information received from other participating entities to improve, enhance, and supplement the services we provide.
If you believe that your right to privacy has been violated, you may contact Alivia Health to report a complaint to the Quality and Compliance Director, Privacy Specialist or the U.S. Secretary of Health and Human Services. You will not be penalized for filing a complaint.
You have the right to file a complaint with Alivia Health and the U.S. Department of Health and Human Services (HSS) Office for Civil Rights (OCR) if you believe your privacy rights have been violated. You will not be penalized or retaliated against for filing a complaint.
Alivia Health Contacts
If you have questions, want additional information about privacy practices, or to file a privacy complaint, you may contact Alivia Health through the contacts below:
Alivia Health Management, Compliance and Quality Department
PO BOX 246, Bayamón PR 00960
U.S. Department of Health and Human Services Contacts
You may also submit your complaint in writing to the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (DHHS) at the following address:
200 Independence Avenue, S.W. Room 509F HHH Bldg. Washington, D.C. 20201.
Phones: 1-800-368-1019 T DD 1-800-537-7697
Effective Date of this Notification: December 1, 2018
Revised: June 29, 2023