Phenix Health’s Commitment to Your Privacy
Phenix Health is dedicated to maintaining the privacy of your protected health information (‘PHI’). PHI is information about you that may be used to identify you (such as your name, medicare number or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of healthcare. In conducting its business, Phenix Health will receive and create records containing your PHI. Phenix Health is required by law to maintain the privacy of your PHI and to provide you with notice of its legal duties and privacy practices with respect to your PHI.
Phenix Health must abide by the terms of this Notice while it is in effect. This current Notice takes effect on January 1, 2021, and will remain in effect until Phenix Health replaces it. Phenix Health reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If Phenix Health changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If Phenix Health changes this Notice, it will post the new Notice on its Web site and will make the new Notice available upon request.
Uses and Disclosures of PHI
Phenix Health may use and disclose your PHI in the following ways:
- Treatment, Payment and Healthcare Operations. Phenix Health is permitted to use and disclose your PHI for purposes of (a) treatment, (b) payment and (c) healthcare operations. For example:
- Treatment. Phenix Health may disclose your PHI to another GP or healthcare provider for purposes of a visit or in connection with the provision of follow-up treatment.
- Payment. Phenix Health may use and disclose your PHI to Medicare, your health insurer or health plan in connection with the processing and payment of claims and other charges.
- Healthcare Operations. Phenix Health may use and disclose your PHI in connection with its healthcare operations, such as providing customer services and conducting quality review assessments. Phenix Health may engage third parties to provide various services for Phenix Health. If any such third party must have access to your PHI in order to perform its services, Phenix Health will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.
- As Required by Law. Phenix Health may use and disclose your PHI to the extent required by law.
- Special Circumstances.
The following categories describe unique circumstances in which Phenix Health may use or disclose your PHI:
- Public Health Activities. Phenix Health may disclose your PHI to public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence and reporting to the Therapeutic Goods Administration regarding the quality, safety and effectiveness of a regulated product or activity. Phenix Health may, in certain circumstances disclose PHI to persons who have been exposed to a communicable disease such as COVID-19 or may otherwise be at risk of contracting or spreading a disease or condition.
- Workers’ Compensation. Phenix Health may disclose your PHI as authorised by, and to the extent necessary to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.
- Health Oversight Activities. Phenix Health may disclose your PHI to a health oversight agency for authorised activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.
- Judicial and Administrative Proceedings. Phenix Health may disclose your PHI, in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.
- Law Enforcement. Phenix Health may, under certain circumstances, disclose your PHI to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness or missing person.
- Decedents. Phenix Health may, under certain circumstances, disclose PHI to coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents.
- Organ Procurement. Phenix Health may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation.
- Research. Phenix Health may, under certain circumstances, use or disclose PHI that is necessary for research purposes.
- Threat to Health or Safety. Phenix Health may, under certain circumstances, use or disclose PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
- Specialised Government Functions. Phenix Health, may in certain situations, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits. Phenix Health may also disclose PHI to federal officials for intelligence and national security purposes.
- Your Rights Regarding Your PHI
You have the following rights regarding the PHI maintained by Phenix Health:
- Confidential Communication. You have the right to receive confidential communications of your PHI. You may request that Phenix Health communicate with you through alternate means or at an alternate location, and Phenix Health will accommodate your reasonable requests. You must submit your request in writing to Phenix Health. To submit such a request, email email@example.com.
- Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that Phenix Health restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to Phenix Health. Phenix Health is not required to comply with your request. However, if Phenix Health agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency. To submit such a request, email firstname.lastname@example.org.
- Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to Phenix Health. Phenix Health may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Phenix Health may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, Phenix Health will inform you of the reason for the denial, and you may request a review of the denial. To submit such a request, email email@example.com.
- Amendment. You have a right to request that Phenix Health amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by Phenix Health. You must submit your request in writing to Phenix Health and provide a reason to support the requested amendment. Phenix Health may, under certain circumstances, deny your request by sending you a written notice of denial. If Phenix Health denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.To submit such a request, email firstname.lastname@example.org.
- Accounting of Disclosures. You have a right to receive an accounting of all disclosures Phenix Health has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorisation, and certain other disclosures. You must submit your request in writing to Phenix Health and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, Phenix Health may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. Phenix Health will inform you of such costs in advance, so that you may withdraw or modify your request to save costs. To submit such a request, email email@example.com.
- Breach Notification. You have the right to be notified in the event that Phenix Health (or a Phenix Health Business Associate) discovers a breach of unsecured PHI.
- Paper Copy. You have the right to obtain a paper copy of this Notice from Phenix Health at any time upon request. To submit such a request, email firstname.lastname@example.org.
- Complaint. You may complain to Phenix Health and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To submit such a request, email email@example.com.
- Further Information. If you would like more information about your privacy rights, please send an email to the Privacy Officer at firstname.lastname@example.org