1. Scope of this notice
This notice describes BioVantra's privacy practices with respect to PHI it creates or receives in connection with providing clinical laboratory and diagnostic services. To the extent BioVantra acts as a HIPAA-covered entity or a business associate of a covered entity, it maintains the privacy and security of PHI as required by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the HITECH Act, and their implementing regulations, including 45 C.F.R. Parts 160 and 164.
This notice does not apply to information that BioVantra collects through the public website at biovantra.com when that information is not PHI. The handling of website information is described in our Privacy Policy.
2. Uses and disclosures of PHI
BioVantra may use and disclose PHI without your additional written authorization for the following purposes:
- Treatment. Sharing test results and related information with the ordering clinician and other treating providers involved in your care.
- Payment. Communicating with health plans, billing entities, and other payers to obtain payment for laboratory services.
- Health care operations. Internal quality assurance, accreditation activities (including activities related to CAP accreditation and CLIA certification), training, audits, and related operational purposes.
- Required by law. Disclosures required by federal, state, or local law, including public health reporting and certain communicable disease reporting.
- Public health and safety. Disclosures to public health authorities, to prevent or control disease, to report suspected abuse or neglect to authorized agencies, and to avert serious threats to health or safety.
- Health oversight. Disclosures to agencies authorized to conduct audits, inspections, investigations, and licensure activities.
- Judicial and administrative proceedings. Disclosures in response to court orders, subpoenas, or other lawful process, subject to applicable HIPAA requirements.
- Law enforcement. Disclosures permitted or required under HIPAA in response to lawful requests by law enforcement.
- Decedents. Disclosures to coroners, medical examiners, and funeral directors as permitted by law.
- Research, organ donation, workers' compensation, and military activities as permitted by law.
- Business associates. Disclosures to vendors who perform functions on BioVantra's behalf under written agreements that require them to safeguard PHI consistent with HIPAA.
Other uses and disclosures will be made only with your written authorization. You may revoke an authorization in writing at any time, except to the extent BioVantra has already acted in reliance on it.
3. Special categories of information
Certain categories of information — including psychotherapy notes (when applicable), information about substance use disorder treatment, HIV/AIDS information, and genetic information — may be subject to additional federal or state restrictions. BioVantra applies more protective standards where state or federal law requires.
4. Marketing, sale of PHI, and fundraising
BioVantra does not sell PHI. BioVantra does not use PHI for marketing communications that require authorization without first obtaining your written authorization. BioVantra does not conduct fundraising activities involving PHI.
5. Your rights
- Right to access. You have the right to inspect and obtain a copy of PHI that BioVantra maintains about you in a designated record set, subject to limited exceptions. Requests for access to laboratory test results may be coordinated with the ordering clinician where appropriate.
- Right to amend. You have the right to request that BioVantra amend PHI in a designated record set. Requests must be in writing and must include a reason for the amendment. BioVantra may deny a request under certain circumstances permitted by HIPAA.
- Right to an accounting of disclosures. You have the right to request an accounting of certain disclosures of your PHI made by BioVantra, subject to HIPAA exclusions.
- Right to request restrictions. You have the right to request restrictions on certain uses and disclosures of your PHI. BioVantra is not required to agree to all requested restrictions, except as required by HIPAA (for example, where you request a restriction on disclosure to a health plan for an item or service you have paid for in full out of pocket).
- Right to request confidential communications. You have the right to request that BioVantra communicate with you about PHI by alternative means or at alternative locations.
- Right to a paper copy. You have the right to receive a paper copy of this notice, even if you initially received it electronically.
- Right to be notified of a breach. You have the right to be notified following a breach of unsecured PHI, consistent with applicable law.
- Right to file a complaint. You have the right to file a complaint with BioVantra or with the U.S. Department of Health and Human Services if you believe your privacy rights have been violated. BioVantra will not retaliate against you for filing a complaint.
6. BioVantra's obligations
BioVantra is required by law to maintain the privacy and security of PHI, to provide individuals with this notice of its legal duties and privacy practices, to notify affected individuals following a breach of unsecured PHI, and to abide by the terms of the notice currently in effect. BioVantra reserves the right to change this notice and to make the revised notice effective for PHI it already maintains as well as PHI it receives in the future. The revised notice will be posted at biovantra.com and will be made available on request.
7. How to exercise your rights or file a complaint
To exercise any of the rights described above, or to file a complaint, contact BioVantra in writing:
- BioVantra — Privacy Officer
9401 SW Highway 200, STE 502
Ocala, FL 34481-9650 - Email: contact@biovantra.com (do not include PHI in unencrypted email)
- Phone: (352) 861-2296
- Fax: (352) 671-2737
You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, by visiting www.hhs.gov/ocr. You will not be retaliated against for filing a complaint.