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.
Under the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), greenstreetpharmacy.com, inc. must take
steps to protect the privacy of your “protected health
information” (PHI). PHI includes information that we
have created or received regarding your health or payment
for your health. It includes both your medical records and
personal information such as your name, address, and other
identifying information. Greenstreetpharmacy.com is required
to maintain the privacy of your PHI, to follow the terms of
this Notice, and to provide you with this Notice of our legal
duties and privacy practices with respect to your PHI.
Use or Disclose Your PHI
We protect the privacy of your health information. For some
activities, we must have your written authorization to use
or disclose your PHI. However, the law permits to use or disclose
your health information for the following purposes without
your authorization:
· For treatment we may use your PHI to treat you. For
example, if you are being treated for an injury, we may share
your PHI with your primary physician so they can provide proper
care.
· For health care operations we will use and disclose
PHI to carry out health care operations. For example, we may
use information in your health record to monitor the quality
of our pharmacists performance, to train pharmacy personnel,
or to ship prescriptions to you.
· As required by law we will disclose your PHI when
required to do so by local, state or federal law, including
workers’ compensation laws.
· Public Health and Safety Risks: We may use and disclose
your PHI to an authorized public health authority or individual,
to investigate or track problems with prescription drugs,
foods, supplements and other health products
· Oversight Agencies: We may use and disclose your
PHI to health oversight agencies for certain activities such
as audits, investigations, inspections, and licensures.
· Legal Proceedings: We may disclose your PHI in the
course of any legal proceeding in response to an order of
a court or administrative agency and, in certain cases, in
response to a subpoena, discovery request, or other lawful
process.
· Law Enforcement: We may disclose law enforcement
officials in limited circumstances for law enforcement purposes.
For example, disclosures may be made to identify or locate
a suspect, witness, or missing person; to report a crime;
or to provide information concerning victims of crimes.
· Military Activity and National Security: We may disclose
your PHI to the military as required by military command authorities
when the patient is a member of the armed forces; to authorized
federal officials for intelligence, counterintelligence, and
other national security activities authorized by law; and
to authorized federal officials so they may provide protection
to the president, other authorized persons, or foreign heads
of state or conduct special investigations.
When greenstreetpharmacy.com May Not Use or Disclose Your
PHI
Except as described in this Notice or as permitted by law,
we will obtain your written authorization before using or
disclosing PHI about you. You may revoke an authorization
in writing at any time
You Have the Following Rights With Respect to Your Health
Information
· You have the right to request that we restrict how
your PHI is used or disclosed in carrying out treatment, payment,
or health care operations. We are not required to agree to
the requested restrictions, but will accommodate reasonable
requests. If we do agree to the requested restrictions, that
agreement will be binding on us.
· You have the right to inspect and copy your PHI for
as long as we maintain the health information. We may charge
a reasonable fee for the costs of copying, mailing, or other
supplies that are necessary to grant your request. In certain
situations we may deny your request and will tell you why
we are denying it. In some cases you may have the right to
ask for a review of our denial.
· If you feel that the PHI we maintain about you is
incomplete or incorrect, you may request that we amend it.
You may request an amendment for as long as we maintain the
PHI. You must include a reason that supports your request.
In certain cases, we may deny the request. If the request
for amendment is denied, you have the right to file a statement
of disagreement with the decision, and we may give a rebuttal
to your statement. We will include a copy of both statements
in your file.
· You have the right to receive an accounting of disclosures
of your PHI that we have made after April 14, 2003 for purposes
other than (1) for greenstreetpharmacy.com’s treatment,
payment, or health care operations, (2) to you or based upon
your authorization and (3) for certain government functions.
The right to receive an accounting is subject to certain other
exceptions, restrictions, and limitations. The time period
for the requested accounting must be specified and it may
not be longer than six years. The first accounting you request
within a 12-month period will be provided free of charge,
but you may be charged for the cost of additional accountings
within that period. We will notify you of the cost involved
and you may choose to withdraw or modify the request at that
time.· You have the right to request that our communications
to you concerning your PHI be made by alternative means or
to alternative locations. For example, you may wish us to
communicate in some way other than calling your home telephone
number. We will comply with a reasonable request for such
an alternative.
If you would like to exercise one or more of these rights,
you must send a written request to: Privacy Office, greenstreetpharmacy.com,
411 108th Avenue NE, Bellevue, Washington 98004. Forms for
exercising each of these rights are available online in the
‘your account’ section at www.greenstreetpharmacy.com
or by calling 1-800-greenstreetpharmacy (1-800-378-4786).
Changes to this Notice of Privacy Practices
greenstreetpharmacy.com reserves the right to change this
Notice at any time. We reserve the right to apply the revised
Notice to all PHI we already maintain, as well as any information
we receive in the future. If we change any of the practices
described in this Notice, we will post the revised Notice
at http://www.greenstreetpharmacy.com.
For More Information or to Report a Problem
This Notice describes how we will treat your personal health
information pursuant to the requirements of the Federal HIPAA
privacy rules. State privacy laws may impose certain additional
requirements. For a more complete description of state privacy
issues, please go to the HIPPA site. If you have questions
or would like additional information about our privacy practices,
please contact us.
Notice of Privacy Policy Addendum
State Laws More Stringent
ALABAMA We will not disclose your personal health records
to anyone without your authorization, except where it is in
your best interest or where the law requires the disclosure.
ARIZONA We will not disclose any confidential communicable
disease related information unless the subject of that information
has authorized us in writing to do so or unless state or federal
law authorizes or requires the disclosure.
CALIFORNIA We may disclose your medical information as follows:
(a) to providers of health care, health care service plans,
contractors or other health care professionals or facilities
for purposes of diagnosis or treatment of the patient. This
includes, in an emergency situation, the communication of
patient information by radio transmission or other means between
licensed emergency medical personnel at the scene of an emergency,
or in an emergency medical transport vehicle, and licensed
emergency medical personnel at a health facility;
(b) to an insurer, employer, health care service plan, hospital
service plan, employee benefit plan, governmental authority,
contractor or any other person or entity responsible for paying
for health care services rendered to the patient to the extent
necessary to allow responsibility for payment to be determined
and payment to be made. If the patient is, by reason of a
comatose or other disabling medical condition, unable to consent
to the disclosure or medical information and no other arrangements
have been made to pay for the health care services being rendered
to the patient, the information may also be disclosed to a
governmental authority to the extent necessary to determine
the patient’s eligibility for, and to obtain, payment
under a governmental program for health care services provided
to the patient. The information may also be disclosed to another
provider of health care or health care service plan as necessary
to assist the other provider or health care service plan in
obtaining payment for health care services rendered by that
provider of health care or health care service plan to the
patient;
(c) to any person or entity that provides billing, claims
management, medical data processing, or other administrative
services for providers of health care or health care service
plans or for any of the persons or entities specified above
in paragraph (b). However, no information so disclosed may
be further disclosed by the recipient in any way that would
be violative of California laws governing the use and disclosure
of medical information without authorization from the patient;
(d) to organized committees and agents of professional societies
or of medical staffs of licensed hospitals, licensed health
care service plans, professional standards review organizations,
independent medical review organizations and their selected
reviewers, utilization and quality control peer review organizations,
contractor’s or persons or organizations insuring, responsible
for, or defending professional liability that a provider may
incur, if the committees, agents, health care service plans,
organizations, reviewers, contractors or persons are engaged
in reviewing the competence or qualifications of health care
professionals or in reviewing health care services with respect
to medical necessity, level of care, quality of care, or justification
of charges;
(e) a provider of health care or health care service plan
that has created medical information as a result of employment-related
health care services to an employee conducted at the specific
prior written request and expense of the employer may disclose
to the employee’s employer that:
i. is relevant in a law suit, arbitration, grievance, or other
claim or challenge to which the employer and the employee
are parties and in which the patient has placed in issue his
or her medical history, mental or physical condition, or treatment,
provided that information may only be used or disclosed in
connection with that proceeding;
ii. describes functional limitations of the patient that may
entitle the patient to leave from work for medical reasons
or limit the patient’s fitness to perform his or her
present employment, provided that no statement of medical
cause is included in the information disclosed;
(f) unless the provider of health care or health care service
plan is notified in writing of an agreement by the sponsor,
insurer, or administrator to the contrary, the information
may be disclosed to a sponsor, insurer, or administrator of
a group or individual insured or uninsured plan or policy
that the patient seeks coverage by or benefits from, if the
information was created by the provider of health care or
health care service plan as the result of services conducted
at the specific prior written request and expense of the sponsor,
insurer, or administrator for the purpose of evaluating the
application for coverage or benefits;
(g) to a health care service plan by providers of health care
that contract with the health care service plan and may be
transferred among providers of health care that contract with
the health care service plan, for the purpose of administering
the health care service plan. Medical information may not
otherwise be disclosed by a health care service plan except
in accordance with the provisions of this part;
(h) to an insurance institution, agent or support organization
of medical information if the insurance institution, agent,
or support organization has complied with all requirements
for obtaining the information pursuant to the requirements
of the California Insurance Code provisions;
(i) to an organ procurement organization or a tissue bank
processing the tissue of a decedent for transplantation into
the body of another person, but only with respect to the donating
decedent for the purpose of aiding the transplant;
(j) to a third party for purposes of encoding, encrypting,
or otherwise anonymizing data. However, no information may
be further disclosed by the recipient in any way that would
be unauthorized manipulation of coded or encrypted medical
information that reveals individually identifiable medical
information;
(k) for purposes of disease management programs and services,
information may be disclosed to any entity contracting with
a health care service plan or the health care service plan’s
contractors to monitor or administer care of enrollees for
a covered benefit, provided that the disease management services
and care are authorized by a treating physician or to any
disease management organization that complies fully with the
physician authorization requirements, provided that the health
care service plan or its contractor provides or has provided
a description of the disease management services to a treating
physician or to the health care service plan’s or contractor’s
network of physicians.
CONNECTICUT We will not sell your individually identifiable
medical record information. We will not disclose information
about pharmaceutical services rendered to you to third parties
without your consent, except to the following persons:
(a) the prescribing practitioner or a pharmacist or another
prescribing practitioner presently treating you when deemed
medically appropriate;
(b) a nurse who is acting as an agent for a prescribing practitioner
that is presently treating you or a nurse providing care to
you in a hospital;
(c) third party payors who pay claims for pharmaceutical services
rendered to you or who have a formal agreement or contract
to audit any records or information in connection with such
claims;
(d) any governmental agency with statutory authority to review
or obtain such information;
(e) any individual, the state or federal government or any
agency thereof or court pursuant to a subpoena; and
(f) any individual, corporation, partnership or other legal
entity which has a written agreement with the pharmacy to
access the pharmacy’s database provided the information
accessed is limited to data which does not identify specific
individuals.
FLORIDA We will not disclose your pharmacy records without
your written authorization, except to:
(a) you;
(b) your legal representative;
(c) the Department of Health pursuant to existing law;
(d) in the event that you are incapacitated or unable to request
your records, your spouse; and
(e) in any civil or criminal proceeding, upon the issuance
of a subpoena from a court of competent jurisdiction and proper
notice to you or your legal representative, by the party seeking
the records.
GEORGIA Unless authorized by you, we will not disclose your
confidential information to anyone other than you or your
authorized representative, except to the following persons
or entities:
(a) the prescriber, or other licensed health care practitioners
caring for you;
(b) another licensed pharmacist for purposes of transferring
a prescription or as part of a patient’s drug utilization
review, or other patient counseling requirements;
(c) the Board of Pharmacy, or its representative; or
(d) any law enforcement personnel duly authorized to receive
such information.
We may also disclose your confidential information without
your consent pursuant to a subpoena issued and signed by an
authorized government official or a court order issued and
signed by a judge of an appropriate court. We will not disclose
AIDS confidential information, except in situations where
the subject of the information has provided us with a written
authorization allowing the release or where we are authorized
or required by state or federal law to make the disclosure.
HAWAII We will not disclose any HIV/AIDS/ARC-related information,
except in situations where the subject of the information
has provided us with prior written consent allowing the release
or where we are authorized or required by state or federal
law to make the disclosure.
IOWA We will not disclose any HIV/AIDS-related information,
except in situations where the subject of the information
has provided us with a written authorization allowing the
release or where we are authorized or required by state or
federal law to make the disclosure.
IDAHO We will not release your identifiable prescription information
to anyone other than you or your designee, unless requested
by any of the following persons or entities:
(a) the Board of Pharmacy, or its representatives, acting
in their official capacity;
(b) the practitioner, or the practitioner’s designee,
who issued your prescription;
(c) other licensed health care professionals who are responsible
for the your care;
(d) agents of the Department of Health and Welfare when acting
in their official capacity with reference to issues related
to the practice of pharmacy;
(e) agents of any board whose practitioners have prescriptive
authority, when the board is enforcing laws governing that
practitioner;
(f) an agency of government charged with the responsibility
for providing medical care for you;
(g) the federal Food and Drug Administration, for purposes
relating to monitoring of adverse drug events in compliance
with the requirements of federal law, rules or regulations
adopted by the FDA; and
(h) the authorized insurance benefit provider or health plan
that provides your health care coverage or pharmacy benefits.
INDIANA We will disclose your confidential information only
when it is in your best interests, when the information is
requested by the Board of Pharmacy or its representatives
or by a law enforcement officer charged with the enforcement
of laws pertaining to drugs or devices or the practice of
pharmacy, or when disclosure is essential to our business
operations.
KENTUCKY We will only use your information to provide pharmacy
care. We will not disclose your patient information or the
nature of professional services rendered to you without your
express consent or without a court order, except to the following
authorized persons:
(a) members, inspectors, or agents of the Board of Pharmacy;
(b) you, your agent, or another pharmacist acting on your
behalf;
(c) another person, upon your request;
(d) licensed health care personnel who are responsible for
your care;
(e) certain state government agents charged with enforcing
the controlled substances laws;
(f) federal, state, or municipal government officers who are
investigating a specific person regarding drug charges; and
(g) a government agency that may be providing medical care
to you, upon that agency’s written request for information.
MAINE We will not disclose your health care information for
fundraising purposes or to coroners or funeral directors,
without your authorization. We will only disclose patient
identifiable communicable disease information to Department
of Human Services for adult or child protection purposes or
to other public health officials, agents or agencies or to
officials of a school where a child is enrolled, for public
health purposes. In a public health emergency, as declared
by the state health officer, we may also release your information
to private health care providers and agencies for the purpose
of preventing further disease transmission.
MICHIGAN Unless authorized by you, we will not disclose your
prescription or equivalent record on file, except to the following
persons:
(a) you, or another pharmacist acting on your behalf;
(b) the authorized prescribed who issued the prescription,
or a licensed health professional who is currently treating
you;
(c) an agency or agent of government responsible for the enforcement
of laws relating to drugs and devices; or
(d) a person authorized by a court order.
We will not disclose AIDS-related information about an individual
except in situations where the subject of the information
has provided us with a written authorization allowing the
release or where we are authorized or required by state or
federal law to make the disclosure.
MINNESOTA We will not disclose your prescription orders or
the contents thereof, except to:
(a) you, your agent, or another pharmacist acting on your
behalf or your agent’s behalf;
(b) the licensed practitioner who issued the prescription;
(c) the licensed practitioner who is currently treating you;
(d) a member, inspector, or investigator of the board or any
federal, state, county, or municipal officer whose duty it
is to enforce the laws of this state or the United States
relating to drugs and who is engaged in a specific investigation
involving a designated person or drug;
(e) an agency of government charged with the responsibility
of providing medical care for you;
(f) an insurance carrier or attorney on receipt of written
authorization signed by you or your legal representative,
authorizing the release of such information; and
(g) any person duly authorized by a court order.
Unless we have obtained your oral or written consent, we will
not disclose the nature of pharmaceutical services rendered
to you, except as follows:
(a) pursuant to an order or direction of a court;
(b) to other pharmacies;
(c) to you; or
(d) drug therapy information to your physician.
MISSOURI Unless specifically authorized by you, we will not
release your pharmacy records to anyone other than:
(a) you or any other person authorized by you to receive the
information;
(b) the authorized prescriber who issued the prescription
order, or a licensed health professional who is currently
treating you;
(c) in response to lawful requests from a court or grand jury;
(d) a person authorized by a court order;
(e) to transfer medical or prescription information between
pharmacists as provided by law; or
(f) government agencies acting within the scope of their statutory
authority.
We will not disclose any HIV/AIDS-related information, except
in situations where the subject of the information has provided
us with a written authorization allowing the release or where
we are authorized or required by state or federal law to make
the disclosure.
MONTANA We will not disclose information concerning persons
infected, or reasonably suspected to be infected with a sexually
transmitted disease, except to:
(a) personnel of the Department of Public Health and Human
Services;
(b) a physician who has obtained the written consent of the
person whose record is requested; or
(c) a local health officer.
NEVADA We will not disclose the contents of your prescriptions
or disclose any copies of your prescriptions, other than to
you, except to:
(a) the practitioner who issued the prescription;
(b) the practitioner who is currently treating you;
(c) a member, inspector or investigator of the Board of Pharmacy,
an inspector of the FDA, or an agent of the investigation
division of the department of public safety;
(d) an agency of state government charged with the responsibility
of providing medical care for you;
(e) an insurance carrier, on receipt of your written authorization
or your legal guardian authorizing the release of information;
(f) any person authorized by an order of a district court;
(g) a member, inspector, or investigator of a professional
licensing board that licenses the practitioner who orders
the prescriptions filled at the pharmacy; and
(h) other registered pharmacists for the limited purpose of
and to the extent necessary for the exchange of information
regarding persons suspected of misusing prescriptions to obtain
excessive amounts of drugs or failing to use a drug in conformity
with the directions for its use, or taking a drug in combination
with other drugs in a manner that could result in injury to
that person.
We will not disclose any personal information about an individual
who has, or is suspected of having, a communicable disease,
without the individual’s written consent, except as
follows:
(a) for statistical purposes, as long as the identity of the
person is not discernible from the information disclosed;
(b) in a prosecution for a violation or a proceeding for an
injunction brought pursuant to the communicable disease laws;
(c) neglect of a child or elderly person;
(d) to any person who has a medical need to know the information
for his own protection or for in reporting the actual or suspected
abuse or the well-being of a patient or dependent person,
as determined by the health authority in accordance with regulations
of the state board of health;
(e) pursuant to specified statutes that require the reporting
of certain test results;
(f) if the disclosure is made to the department of human resources
and the person about whom the disclosure is made has been
diagnosed as having AIDS or an illness related to HIV and
is a recipient of or an applicant for Medicaid;
(g) to a fireman, police officer or person providing emergency
medical services if the board has determined that the information
relates to a communicable disease significantly related to
that occupation and the information is disclosed in the manner
prescribed by the state board of health; and
(h) if the disclosure is authorized or required by specific
statute.
NEW HAMPSHIRE We will not use, release, or sell your identifiable
medical information for the purpose of sales or marketing
of services or products unless you have provided us with a
written authorization permitting such activity. We will only
disclose your professional records if:
(a) we have obtained your permission to do so;
(b) it is an emergency situation and it is in your best interest
for us to disclose the information; or
(c) the law requires us to disclose the information.
NEW MEXICO Unless we receive a written consent from you, we
will not disclose your confidential information to anyone
other than you or your authorized representative, except to
the following persons or entities:
(a) pursuant to the order or direction of a court;
(b) to the prescriber or other licensed practitioner caring
for you;
(c) to another licensed pharmacist where it is in your best
interest;
(d) to the Board of Pharmacy or its representative or to such
other persons or governmental agencies duly authorized by
law to receive such information;
(e) to transfer a prescription to another pharmacy as required
by the provisions of patient counseling;
(f) to provide a copy of a nonrefillable prescription to you;
(g) to provide drug therapy information to physicians or other
authorized prescribers for their patients; or
(h) as required by the provisions of the patient counseling
regulations.
NEW YORK We may not give a patient a copy of a prescription
for a controlled substance, and for copies of other types
of prescriptions, we must indicate that the copy is for informational
purposes only.
NORTH CAROLINA We will not disclose or provide a copy of your
prescription orders on file, except to:
(a) you;
(b) your parent or guardian or other person acting in loco
parentis if you are a minor and have not lawfully consented
to the treatment of the condition for which the prescription
was issued;
(c) the licensed practitioner who issued the prescription
or who is treating you;
(d) a pharmacist who is providing pharmacy services to you;
(e) anyone who presents a written authorization for the release
of pharmacy information signed by you or your legal representative;
(f) any person authorized by subpoena, court order or statute;
(g) any firm, company, association, partnership, business
trust, or corporation who by law or by contract is responsible
for providing or paying for medical care for you;
(h) any member or designated employee of the Board of Pharmacy;
(i) the executor, administrator or spouse of a deceased patient;
(j) Board-approved researchers, if there are adequate safeguards
to protect the confidential information; and
(k) the person who owns the pharmacy or his licensed agent.
NORTH DAKOTA We will not disclose the nature of the services
we provide to you to anyone other than you, without first
obtaining your oral or written consent, except that we may
disclose such information:
(a) to other pharmacies;
(b) to your physician; or
(c) as ordered or directed by a court.
OHIO Unless we have obtained your written consent, we will
only disclose your pharmacy records to:
(a) you;
(b) the prescriber who issued the prescription or medication
order
(c) certified/licensed health care personnel who are responsible
for your care;
(d) a member, inspector, agent, or investigator of the state
board of pharmacy or any federal, state, county, or municipal
officer whose duty is to enforce the laws of this state or
the United States relating to drugs and who is engaged in
a specific investigation involving a designated person or
drug;
(e) an agent of the state medical board when enforcing the
statutes governing physicians and limited practitioners;
(f) an agency of government charged with the responsibility
of providing medical care for you, upon a written request
by an authorized representative of the agency requesting such
information;
(g) an agent of a medical insurance company who provides prescription
insurance coverage to you, upon authorization and proof of
insurance by you or proof of payment by the insurance company
for those medications whose information is requested;
(h) an agent who contracts with the pharmacy as a “business
associate” in accordance with the regulations promulgated
by the secretary of the United States department of health
and human services pursuant to the federal standards for privacy
of individually identifiable health information; or
(i) in emergency situations, when it is in your best interest.
OKLAHOMA We will not divulge the nature of your problems or
ailments or any confidence you have entrusted to the pharmacist
in his professional capacity, except in response to legal
requirements or where its in your best interest. We will not
disclose information which identifies any person who has or
may have a communicable or venereal disease, unless authorized
by the individual or as otherwise permitted under state law.
Whenever possible, we will de-identify such information prior
to disclosure.
PENNSYLVANIA We will not disclose any HIV-related information,
except in situations where the subject of the information
has provided us with a written consent allowing the release
or where we are authorized or required by state or federal
law to make the disclosure.
RHODE ISLAND We will only disclose your prescription information
to our agents and persons directly involved in your care.
We will not disclose your confidential health care information
without your consent, except in certain limited situations,
as permitted under R.I. Gen. Laws § 5-37.3-4(b). Such
situations may include:
(a) to medical personnel who believe in good faith that the
information is necessary for diagnosis or treatment in a medical
or dental emergency;
(b) to qualified personnel for the purpose of conducting scientific
research, management audits, financial audits, program evaluations,
actuarial, insurance underwriting, or similar studies, provided
that personnel shall not identify, directly or indirectly,
any individual patient in any report of that research, audit,
or evaluation, or otherwise disclose patient identities in
any manner;
(c) to appropriate law enforcement personnel, or to a person
if the health care provider believes that person or his or
her family to be in danger from a patient; or to appropriate
law enforcement personnel if the patient has or is attempting
to obtain narcotic drugs from the health care provider illegally;
(d) to the state medical examiner in the event of a fatality
that comes under his or her jurisdiction; or e) to the attorneys
for a health care provider whenever that provider considers
that release of information to be necessary in order to receive
adequate legal representation;
(e) to a grand jury or to a court of competent jurisdiction
pursuant to a subpoena or subpoena duces tecum when that information
is required for the investigation or prosecution of criminal
wrongdoing by a health care provider relating to his or her
or its provisions of health care services and that information
is unavailable from any other source; provided, that any information
so obtained is not admissible in any criminal proceeding against
the patient to whom that information pertains;
(f) to the state board of elections pursuant to a subpoena
or subpoena duces tecum when that information is required
to determine the eligibility of a person to vote by mail ballot
and/or the legitimacy of a certification by a physician attesting
to a voter's illness or disability; or
(g) to the foster parent or parents pertaining to the disclosure
of health care records of children in the custody of the foster
parent or parents; provided, that the foster parent or parents
receive appropriate training and have ongoing availability
of supervisory assistance in the use of sensitive information
that may be the source of distress to these children. SOUTH
CAROLINA We will not disclose your prescription drug information
without first obtaining your consent, except in the following
circumstances:
(a) the lawful transmission of a prescription drug order in
accordance with state and federal laws pertaining to the practice
of pharmacy;
(b) communications among licensed practitioners, pharmacists
and other health care professionals who are providing or have
provided services to you;
(c) information gained as a result of a person requesting
informational material from a prescription drug or device
manufacturer or vendor;
(d) information necessary to effect the recall of a defective
drug or device or protect the health and welfare of an individual
or the public;
(e) information whereby the release is mandated by other state
or federal laws, court order, or subpoena or regulations (e.g.,
accreditation or licensure requirements);
(f) information necessary to adjudicate or process payment
claims for health care, if the recipient makes no further
use or disclosure of the information;
(g) information voluntarily disclosed by you to entities outside
of the provider-patient relationship;
(h) information used in clinical research monitored by an
institutional review board, with your written authorization;
(i) information which does not identify you by name, or that
is encoded so that identifying you by name or address is generally
not possible, and that is used for epidemiological studies,
research, statistical analysis, medical outcomes, or pharmacoeconomic
research;
(j) information transferred in connection with the sale of
a business;
(k) information necessary to disclose to third parties in
order to perform quality assurance programs, medical records
review, internal audits or similar programs, if the third
party makes no other use or disclosure of the information;
(l) information that may be revealed to a party who obtains
a dispensed prescription on your behalf; or
(m) information necessary in order for a health plan licensed
by the South Carolina Department of Insurance to perform case
management, utilization management, and disease management
for individuals enrolled in the health plan, if the third
party makes no other use or disclosure of the information.
We will not disclose your information or the nature of professional
pharmacy services rendered to you, without your express consent
or the order or direction of a court, except to:
(a) you, or your agent, or another pharmacist acting on your
behalf;
(b) the practitioner who issued the prescription drug order;
(c) certified/licensed health care personnel who are responsible
for your care;
(d) an inspector, agent or investigator from the Board of
Pharmacy or any federal, state, county, or municipal officer
whose duty is to enforce the laws of South Carolina or the
United States relating to drugs or devices and who is engaged
in a specific investigation involving a designated person
or drug; and
(e) a government agency charged with the responsibility of
providing medical care for you upon written request by an
authorized representative of the agency requesting the information.
TENNESSEE We will obtain your authorization
before we disclose your patient records for any reason, except
where:
(a) the disclosure is in your best interest;
(b) the law requires the disclosure; or
(c) the disclosure is to an authorized prescriber or to communicate
a prescription order where necessary to:
i. carry out prospective drug use review as required by law;
ii. assist prescribers in obtaining a comprehensive drug history
on you; or
iii. prevent abuse or misuse of a drug or device and the diversion
of controlled substances.
We will not disclose your name and address or other identifying
information, except to:
(a) a health or government authority pursuant to any reporting
required by law;
(b) an interested third-party payor for the purpose of utilization
review, case management, peer reviews, or other administrative
functions; or
(c) in response to a subpoena issued by a court of competent
jurisdiction. We will not sell your name and address or other
identifying information for any purpose.
TEXAS We will only release your confidential record to you,
your agent, or to:
(a) a practitioner or another pharmacist if, in the pharmacist’s
professional judgment, the release is necessary to protect
your health and well-being;
(b) the pharmacy board or another state or federal agency
authorized by law to receive the record;
(c) a law enforcement agency engaged in investigation of a
suspected violation of the controlled substances laws, or
the Comprehensive Drug Abuse Prevent Control Act of 1970;
(d) a person employed by a state agency that licenses a practitioner,
if the person is performing the person’s official duties;
or
(e) an insurance carrier or other third party payor authorized
by the patient to receive the information.
UTAH We will not release or discuss information in your prescription
or medication profile to anyone except:
(a) you or your legal guardian or designee;
(b) a lawfully authorized federal, state, or local drug enforcement
officer; a third party payment program authorized by you;
(c) another pharmacist, pharmacy intern, pharmacy technician,
or prescribing practitioner providing services to you or to
whom you have requested us transfer a prescription; and
(d) your attorney, with a written authorization signed by:
i. you before a notary public;
ii. your parent or lawful guardian, if you are a minor;
iii. your lawful guardian, if you are incompetent; or
iv. your personal representative, in the case of deceased
patients.
WASHINGTON We will not disclose any information regarding
an individual’s treatment for a sexually transmitted
diseases, except in situations where the subject of the information
has provided us with a written authorization allowing the
release or where we are authorized or required by state or
federal law to make the disclosure. Unless authorized by you,
we will not disclose your health care information except in
limited circumstances permitted by law. Such permitted disclosures
may include:
(a) To a person who the provider reasonably believes is providing
health care to the patient;
(b) To any other person who requires health care information
for health care education, or to provide planning, quality
assurance, peer review, or administrative, legal, financial,
or actuarial services to the health care provider; or for
assisting the health care provider in the delivery of health
care and the health care provider reasonably believes that
the person:
i. Will not use or disclose the health care information for
any other purpose; and
ii. Will take appropriate steps to protect the health care
information;
(c) To any other health care provider reasonably believed
to have previously provided health care to the patient, to
the extent necessary to provide health care to the patient,
unless the patient has instructed the health care provider
in writing not to make the disclosure;
(d) To any person if the health care provider reasonably believes
that disclosure will avoid or minimize an imminent danger
to the health or safety of the patient or any other individual,
however there is no obligation under this chapter on the part
of the provider to so disclose;
(e) Oral, made to immediate family members of the patient,
or any other individual with whom the patient is known to
have a close personal relationship, if made in accordance
with good medical or other professional practice, unless the
patient has instructed the health care provider in writing
not to make the disclosure;
(f) To a health care provider who is the successor in interest
to the health care provider maintaining the health care information;
(g) To a person who obtains information for purposes of an
audit, if that person agrees in writing to certain restrictions.
(h) To an official of a penal or other custodial institution
in which the patient is detained; or
(i) To provide directory information, unless the patient has
instructed the health care provider not to make the disclosure.
WEST VIRGINIA We will not disclose confidential information
relating to an individual who is obtaining or has obtained
treatment for a mental illness, without the individual’s
written consent, except in the following circumstances:
(a) with the signed, written consent of the individual or
his legal guardian;
(b) in certain proceedings involving involuntary examinations;
(c) pursuant to a court order in which the court found the
relevance of the information to outweigh the importance of
maintaining the confidentiality of the information;
(d) to protect against clear and substantial danger of imminent
injury by the individual to himself or another; or
(e) to staff of the mental health facility where the individual
is being cared for or to other health professionals involved
in treatment of the individual, for treatment or internal
review purposes.
WISCONSIN We will not disclose your prescription records to
anyone other than you or someone authorized by you without
first obtaining your written informed consent.
WYOMING Unless we have received an authorization from you,
we will only disclose your confidential information to:
(a) you, or as you direct;
(b) to those practitioners and other pharmacists where, in
the pharmacist’s professional judgment such release
is necessary for treatment or to protect your health and well
being;
(c) to such other persons or governmental agencies authorized
by law to investigate controlled substance law violations;
(d) a minor’s parent or guardian;
(e) your third party payor; or
(f) your agent.
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