PRIVACY NOTICE
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.
Effective Date of This Notice: November 1, 2024
I. Introduction
Pursuant to 45 C.F.R. 164.520(d), Twenty Second Company Inc., hereby designates itself and its subsidiaries; ABC Medical Holdings, Inc., ABC Home Medical Supply, Inc., Southeast Medical, Inc., Mi-Med Supply Co., Inc. Freestate Medical Supply, MLK Associates, Inc., and P & H Ostomy and Health Services d/b/a Arkansas Medical Supply, to be known as “the affiliates” and from time to time, as a single covered entity, solely for the purposes of the above referenced regulations.
Twenty Second Company Inc. (hereinafter referred to as “ABC”) is required by law to maintain the privacy of your protected health information. Protected Health Information, also referenced in this notice as Health Information, includes any individually identifiable information, whether oral or recorded in any form or medium, that relates to the past, present, or future physical or mental health or condition of an individual, the provision of healthcare to an individual, or the past, present, or future payment for the provision of healthcare to an individual.i ABC is required to provide you with a notice that describes ABC’s legal duties and privacy practices and your privacy rights with respect to your Health Information.ii We will follow the privacy practices described in this notice.iii
We reserve the right to change the privacy practices described in this notice in the event that the practices need to be changed to comply with the law. We will make the new notice provisions effective for all the protected health information that we maintain. If we change our privacy practices, we will have them available upon request. It will also be posted at the location of the service.iv
II. How ABC May Use or Disclose Your Health Information for Treatment, Payment, or Health Care Operationsv
The following categories describe the ways that ABC may use and disclose your health information. For each type of use and disclosure, we will explain what we mean and present some examples.
Treatment. We may use or disclose your Health Information in the provision, coordination, or management of your health care. Our communications to you may be by telephone, cell phone, e-mail, text, patient portal, or by mail. For example, we may use your information to call and remind you of an appointment, provide you with refill reminders, provide information to a manufacturer for purposes of sample fulfillment, or to refer your care to another supplier. If another provider requests your health information and they are not providing care and treatment to you, we will request authorization from you before providing your information.
Payment. We may use or disclose your Health Information to obtain payment for your health care services. For example, we may use your information including medical records, prescriptions, or evidence of order delivery, to send a bill for your healthcare products or services to your insurer. Alternatively, your insurer may request additional information as described above from us to support the claim we submitted on your behalf.
Health Care Operations. We may use or disclose your Health Information for activities relating to the evaluation of patient care, evaluating the performance of health care providers, business planning, and compliance with the law. For example, we may use your Health Information to determine the quality of care you received during your recent phone interaction with us or by requesting your participation surveys regarding products or services. If the activities require disclosure by us outside of our healthcare organization, we will request your authorization before disclosing that information.
III. How ABC May Use or Disclose Your Health Information Without Your Written Authorizationvi
The following categories describe the ways that ABC may use and disclose your health information without your authorization. For each type of use and disclosure, we will explain what we mean and present some examples.
Required by Law. We may use and disclose your Health Information when that use, or disclosure, is required by law. For example, we may disclose medical information to report a safety concern or to respond to a court order.
Public Health. We may release your Health Information to local, state, or federal public health agencies subject to the provisions of applicable state and federal law for reporting communicable diseases, aiding in the prevention or control of certain diseases, and reporting problems with products and reactions to medications to the Food and Drug Administration.
Victims of Abuse, Neglect, or Violence. We may disclose your Health Information to a government authority authorized by law to receive reports of abuse, neglect, or violence relating to children or the elderly.
Health Oversight Activities. We may disclose your Health Information to health agencies authorized by law to conduct audits, investigations, inspections, licensure, and other proceedings related to oversight of the healthcare system.
Judicial and Administrative Proceedings. We may disclose your Health Information in the course of an administrative or judicial proceeding in response to a court order. Under most circumstances when the request is made through a subpoena, a discovery request, or involves another type of administrative order, your authorization will be obtained before disclosure is permitted.
Law Enforcement. We may disclose your Health Information to a law enforcement official for purposes such as identifying or locating a suspect, fugitive, or missing person or complying with a court order or other law enforcement purposes. Under some limited circumstances, we will request your authorization before permitting disclosure.
Coroners and Medical Examiners. We may disclose your Health Information to coroners and medical examiners. For example, this may be necessary to determine the cause of death.
To Avert a Serious Threat to Health of Safety. We may disclose your Health Information in a very limited manner to appropriate persons to prevent a serious threat to the health or safety of a particular person or the general public. Disclosure is usually limited to law enforcement personnel who are involved in protecting public safety.
Specialized Government Functions. Under certain and very limited circumstances, we may disclose your Health Information for military, national security, or law enforcement custodial situations.
Workers’ Compensation. Both state and federal law allow the disclosure of your Health Information that is reasonably related to a worker’s compensation injury to be disclosed without your authorization. These programs may provide benefits for work-related injuries or illnesses.
Health Information. We may use or disclose your Health Information to provide information to you about treatment alternatives or other health-related benefits and services that may be of interest to you.
IV. When ABC is Required to Obtain an Authorization to Use or Disclose Your Health Information
Except as described in this notice, we will not use or disclose your Health Information without written authorization from you. For example, uses and disclosures made for the purpose of psychotherapy, marketing and the sale of Health Information require your authorization. If your provider intends to engage in fundraising, you have the right to opt out of receiving such communications. If you do authorize us to use or disclose your Health Information for another purpose, you may revoke your authorization in writing at any time. If you revoke your authorization, we will no longer be able to use or disclose Health Information about you for the reasons covered by your written authorization, though we will be unable to take back any disclosures we have already made with your permission.
V. Individual Rights
Inspect and Copy Your Health Information. You have the right to inspect and obtain a copy of your Health Information. You have the right to request that the copy be provided in an electronic form or format (e.g., PDF saved onto CD). If the form and format are not readily producible, then ABC will work with you to provide it in a reasonable electronic form or format. For example, you may request a copy of your immunization record from your healthcare provider. This right of access does not apply to psychotherapy notes, which are maintained for the personal use of a mental health professional. Your request for inspection or access must be submitted in writing at the address specified in section VII Contact Information.
Request to Correct Your Health Information. You have a right to request that ABC amend your Health Information that you believe is incorrect or incomplete. For example, if you believe your date of birth or the name on your account is incorrect, you may request that the information be corrected. We are not required to change your Health Information and if your request is denied, we will provide you with information about our denial and how you can disagree with the denial. To request an amendment, you must make your request in writing to the address specified in section VII Contact Information.. You must also provide a reason for your request.
Request Restrictions on Certain Uses and Disclosures. You have the right to request restrictions on how your Health Information is used or to whom your information is disclosed, even if the restriction affects your treatment or our payment or health care operation activities. For example, you may request a password to be placed on your account. However, we are not required to agree in all circumstances to your requested restrictions, except in the case of a disclosure restricted to a health plan if the disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law; and the pertains solely to a health care item or service for which you, or the person other than the health plan on your behalf, has paid the covered entity in full. If you would like to make a request for restrictions, you must submit your request in writing to the address specified in section VII Contact Information.
Receive Confidential Communications of Health Information. You have the right to request that we communicate your Health Information to you in different ways or places. For example, you may wish to receive information about your health status in a special, private room or through a written letter sent to a private address. We must accommodate reasonable requests. To request confidential communications, you must submit your request in writing to the address specified in section VII Contact Information.
Receive A Record of Disclosures of Your Health Information. You have the right to request a list of the disclosures of your Health Information that we have made in compliance with federal and state law. This list will include the date of each disclosure, who received the disclosed health information, a brief description of the health information disclosed, and why the disclosure was made. For some types of disclosures, the list will also include the date and time the request for disclosure was received and the date and time the disclosure was made. To request this accounting of disclosures, you must submit your request in writing at the address specified in section VII Contact Information. ABC must comply with your request for a list within 60 days unless you agree to a 30-day extension, and ABC may not charge you for the list, unless you request such a list more than once per year.
Obtain A Paper Copy of This Notice. Upon your request, you may at any time receive a paper copy of this notice, even if you earlier agreed to receive this notice electronically. To obtain a paper copy of this notice, send your written request to the address specified in section VIII Contact Information. Our privacy notice is also available on our website at www.abc-med.com.
Notified of a Breach. As your provider, we are required by law to maintain the privacy of Health Information and provide you with notice of our legal duties and privacy practices with respect to Health Information and to notify you following a breach of unsecured protected health information.
VI. Complaints
If you believe your privacy rights have been violated, you may file a complaint at the address specified in section VII Contact Information, our team will provide you with any needed assistance. We request that you file your complaint in writing so that we may better assist in the investigation of your complaint. You may also file a complaint with the Secretary of the Department of Health and Human Services. If your complaint relates to your privacy rights while you were receiving treatment for mental illness, alcohol or drug abuse, or a developmental disability you may also file a complaint with the staff or administrator of the treatment facility or community mental health program. There will be no retaliation against you in any way for filing a complaint.vii
If you have any questions about any part of this notice or if you want more information about the privacy practices of ABC, please contact us at the address specified in section VII Contact Information.
VII. Contact Information
ABC Home Medical Supply, Inc.
1660 SW Saint Lucie West Blvd. Suite 200
Port Saint Lucie, FL 34986
Michelle LeFrancois, Privacy Official at 772-208-4067
Email: michelle.lefrancois@abc-med.com
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i 45 C.F.R. § 160.103. v 45 C.F.R. § 164.526(b)(1)(ii)(A-D)
ii 45 C.F.R. § 164.520(b)(1)(v)(A) vi 45 C.F.R. § 164.5269(b)(1)(ii)(B-D)
iii 45 C.F.R. § 164.526(b)(1)(v)(B) vii 45 C.F.R. § 164.520(b)(1)(vi); Wis. Stat. 51.61(1)(u)
iv 34 C.F.R. § 164.526(b)(1)(v)(C)