MEDVISORS NOTICE OF HEALTH INFORMATION PRIVACY POLICY

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT A MEMBER MAY BE USED AND DISCLOSED AND HOW A MEMBER CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

A. MedVisors Has A Legal Duty to Protect Health Information About A Member

MedVisors is committed to treating and using personal health information about a Member responsibly and with respect for the Member's privacy. MedVisors is required by law to protect the privacy of health information about a Member that can be identified with that Member, which is called “protected health information,” or “PHI” for short.  MedVisors must give each Member notice of its legal duties and privacy practices concerning PHI:

  • MedVisors must protect PHI that MedVisors has created or received about: A Member's past, present, or future health condition; health guidance, advice and consultation MedVisors provides to a Member; or payments to MedVisors by a Member for health guidance, advice and consultation.
  • MedVisors must notify a Member about how MedVisors protects PHI about that Member. 
  • MedVisors must explain how, when and why MedVisors uses and/or discloses PHI about that Member.
  • MedVisors may only use and/or disclose PHI as MedVisors has described in this Notice.

This Notice describes the types of uses and disclosures that MedVisors may make and gives each Member some examples.  In addition, MedVisors may make other uses and disclosures, which occur as a byproduct of the permitted uses and disclosures described in this Notice.  If MedVisors participates in an “organized healthcare arrangement” (defined in subsection B.2 below), the providers participating in the “organized healthcare arrangement” will share PHI with each other, as necessary to carry out treatment, payment or health guidance, advice and consultation operations (defined below) relating to the “organized healthcare arrangement”.

MedVisors is required to follow the procedures in this Notice. MedVisors reserves the right to change the terms of this Notice and to make new notice provisions effective for all PHI that MedVisors maintains by first:

  • Posting the revised notice in MedVisors's offices and on MedVisors's website (www.MedVisors.net); and
  • Making copies of the revised notice available upon request.

B. MedVisors May Use And Disclose PHI About A Member Without That Member's Authorization In The Following Circumstances

1. MedVisors may use and disclose PHI about a Member to provide health guidance, advice and consultation treatment to that Member.

MedVisors may use and disclose PHI about a Member to provide, coordinate or manage that Member's health guidance, advice and consultation and related services.  This may include communicating with other health care providers regarding that Member's treatment and coordinating and managing that Member's health guidance, advice and consultation with others.  For example, MedVisors may use and disclose PHI about a Member when that Member needs a prescription, lab work, an x-ray, or other healthcare and related services.  In addition, MedVisors may use and disclose PHI about a Member when that Member is referred to another healthcare provider. For example, if a Member is referred to another doctor, that doctor will need to know if that Member is allergic to any medications.  

2. MedVisors may use and disclose PHI about a Member for health guidance, advice and consultation operations.

MedVisors may use and disclose PHI in performing business activities, which MedVisors calls “health guidance, advice and consultation operations”.  This “health guidance, advice and consultation operations” allows MedVisors to improve the quality of guidance, advice and consultation MedVisors provides and reduce healthcare costs.  MedVisors may also disclose PHI to the participants of any “organized healthcare arrangement” in which MedVisors participates.  An example of an “organized healthcare arrangement” is the healthcare provided by a hospital and the physicians who see patients at the hospital.  In addition, MedVisors may disclose PHI about a Member to other providers in order to improve the quality, efficiency and costs of their services to that Member or to evaluate and improve the performance of these other providers.  Examples of the way MedVisors may use or disclose PHI about a Member for “health guidance, advice and consultation operations” include the following:

  • Reviewing and improving the quality, efficiency and cost of guidance, advice and consultation that MedVisors provides to a Member.  For example, MedVisors may use PHI about a Member to develop ways to assist MedVisors's providers and staff in deciding what medical treatment should be provided to other Members. 
  • Improving health guidance, advice and consultation and lowering costs for groups of people who have similar health problems and to help manage and coordinate the guidance, advice and consultation for these groups of people.  MedVisors may use PHI to identify groups of Members with similar health problems to give them information, for instance, about treatment alternatives, classes, or new procedures.
  • Reviewing and evaluating the skills, qualifications, and performance of healthcare providers providing care to a Member. 
  • Providing training programs for students, trainees, healthcare providers or non-healthcare professionals (for example, billing clerks or assistants, etc.) to help them practice or improve their skills. 
  • Cooperating with outside organizations that assess the quality of the guidance, advice and consultation MedVisors and others provide.  These organizations might include government agencies or accrediting bodies such as the National Committee for Quality Assurance (NCQA) or the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

  • Cooperating with outside organizations that evaluate, certify or license healthcare providers, staff or facilities in a particular field or specialty.  For example, MedVisors may use or disclose PHI so that MedVisors's nurses may become certified as having expertise in a specific field of nursing, such as pediatric nursing.
  • Assisting various people who review MedVisors's activities.  For example, PHI may be seen by doctors reviewing the services provided to a Member, and by accountants, lawyers, and others who assist MedVisors in complying with applicable laws.

  • Conducting business management and general administrative activities related to MedVisors's organization and the services it provides.
  • Resolving grievances within MedVisors's organization.

  • Reviewing activities and using or disclosing PHI in the event that MedVisors sells MedVisors's business, property or gives control of MedVisors's business or property to a qualified third party.
  • Complying with this Notice and with applicable laws.

3. MedVisors may use and disclose PHI under other circumstances without the Member's authorization or an opportunity to agree or object.

MedVisors may use and/or disclose PHI about a Member in a number of other circumstances in which that Member does not have to consent, give authorization or otherwise have an opportunity to agree or object.  Those circumstances include:

  • When the use and/or disclosure is required by law.  For example, when a disclosure is required by federal, state or local law or other judicial or administrative proceeding.
  • When the use and/or disclosure is necessary for public health activities.  For example, MedVisors may disclose PHI about a Member if that Member has been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.
  • When the disclosure relates to victims of abuse, neglect or domestic violence.
  • When the use and/or disclosure is for health oversight activities.  For example, MedVisors may disclose PHI about a Member to a state or federal health oversight agency that is authorized by law to oversee MedVisors's operations.
  • When the disclosure is for judicial and administrative proceedings.  For example, MedVisors may disclose PHI about a Member in response to an order of a court or administrative tribunal concerning that Member.
  • When the disclosure is for law enforcement purposes.  For example, MedVisors may disclose PHI about a Member in order to comply with laws that require the reporting of certain types of wounds or other physical injuries to that Member.
  • When the use and/or disclosure relates to decedents.  For example, MedVisors may disclose PHI about a Member to a coroner or medical examiner for the purposes of identifying that Member should that Member die.
  • When the use and/or disclosure relates to organ, eye or tissue donation purposes.
  • When the use and/or disclosure relates to medical research.  Under certain circumstances, MedVisors may disclose PHI about a Member for medical research.
  • When the use and/or disclosure is to avert a serious threat to health or safety.  For example, MedVisors may disclose PHI about a Member to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
  • When the use and/or disclosure relates to specialized government functions.  For example, MedVisors may disclose PHI about a Member if it relates to military and veterans’ activities, national security and intelligence activities, protective services for the President, and medical suitability or determinations of the Department of State.
  • When the use and/or disclosure relates to correctional institutions and in other law enforcement custodial situations.  For example, in certain circumstances, MedVisors may disclose PHI about a Member to a correctional institution having lawful custody of that Member.

4. A Member can object to certain uses and disclosures.

Unless a Member objects, MedVisors may use or disclose PHI about a Member in the following circumstances:

  • As a patient in the hospital, that Member's name, room number, and general condition (critical, serious, etc.) may be shared in the hospital’s directory with clergy and with people who ask for that Member by name.
  • Using MedVisors's best judgment, MedVisors may share with a family member, relative, friend or other person identified by a Member, PHI directly related to that person’s involvement in that Member's guidance, advice and consultation or payment for that Member's guidance, advice and consultation.
  • MedVisors may share with a public or private agency (for example, American Red Cross) PHI about a Member for disaster relief purposes.  Even if a Member objects, MedVisors may still share the PHI about that Member, if necessary for the emergency circumstances.

 If a Member would like to object to MedVisors's use or disclosure of PHI about that Member in the above or other specific circumstances, please call or write MedVisors's office using the contact information at the end of this Notice.

5. MedVisors may contact a Member to provide appointment reminders.

MedVisors may use and/or disclose PHI to contact a Member to provide a reminder to that Member about an appointment that Member has for treatment or medical guidance, advice and consultation.

6. MedVisors may contact a Member with information about treatment, services, products or healthcare providers.

MedVisors may use and/or disclose PHI to manage or coordinate a Member's healthcare guidance, advice and consultation.  This may include telling that Member about treatments, services, products and healthcare providers.  MedVisors may also use and/or disclose PHI to give a Member gifts of a small value.  Example:  If a Member is diagnosed with diabetes, MedVisors may tell that Member about nutritional and other counseling services that may be of interest to that Member.  

ANY OTHER USE OR DISCLOSURE OF PHI ABOUT A MEMBER REQUIRES THAT MEMBER'S WRITTEN AUTHORIZATION

Under any circumstances other than those listed above, MedVisors will ask for the Member's written authorization before MedVisors uses or discloses PHI about that Member.  If that Member signs a written authorization allowing MedVisors to disclose PHI about that Member in a specific situation, that Member can later cancel that Member's authorization by written notice to MedVisors.  If that Member cancels that Member's authorization in writing, MedVisors will not disclose PHI about that Member after MedVisors receives that Member's cancellation, except for disclosures, which were being processed before MedVisors received that Member's cancellation.

C. A Member Has Several Rights Regarding That Member's PHI

1. A Member has the right to request restrictions on uses and disclosures of that Member's PHI.

A Member has the right to request that MedVisors restrict the use and disclosure of PHI about that Member.  MedVisors is not required to agree to a Member's requested restrictions.  However, even if MedVisors agrees to a Member's request, in certain situations that Member's restrictions may not be followed.  These situations include emergency treatment, disclosures to the Secretary of the Department of Health and Human Services, and uses and disclosures described in subsection B.3 of the previous section of this Notice.  A Member may request a restriction in writing at the address listed below. 

2. A Member has the right to request different ways to communicate with that Member.

A Member has the right to request how and where MedVisors may contact that Member about PHI.  For example, a Member may request that MedVisors contact that Member at that Member's work address or phone number or by email.  That Member's request must be in writing.  MedVisors must accommodate reasonable requests, but, when appropriate, may condition that accommodation on that Member's providing MedVisors with information regarding how payment, if any, will be handled and that Member's specification of an alternative address or other method of contact.  A Member may request alternative communications by writing to the address listed below.

3. A Member has the right to see and copy that Member's PHI

A Member has the right to request to see and receive a copy of PHI contained in clinical, billing and other records used to make decisions about that Member.  That Member's request must be in writing.  MedVisors may charge that Member related fees. Instead of providing that Member with a full copy of the PHI, MedVisors may give that Member a summary or explanation of the PHI about that Member, if that Member agrees in advance to the form and cost of the summary or explanation. There are certain situations in which MedVisors is not required to comply with that Member's request. Under these circumstances, MedVisors will respond to that Member in writing, stating why MedVisors will not grant that Member's request and describing any rights that Member may have to request a review of MedVisors's denial.  A Member may submit a request to see and receive a copy of that Member's PHI by requesting this in writing at the address listed below. 

4. A Member has the right to request amendment of that Member's PHI.

A Member has the right to request that MedVisors make amendments to clinical, billing and other records used to make decisions about that Member. That Member's request must be in writing and must explain that Member's reason(s) for the amendment.  MedVisors may deny that Member's request if: 1) the information was not created by MedVisors (unless that Member proves that the creator of the information is no longer available to amend the record); 2) the information is not part of the records used to make decisions about that Member; 3) MedVisors believes the information is correct and complete; or 4) that Member would not have the right to see and copy the record as described in paragraph 3 above. MedVisors will tell that Member in writing the reasons for the denial and describe that Member's rights to give MedVisors a written statement disagreeing with the denial. If MedVisors accepts that Member's request to amend the information, MedVisors will make reasonable efforts to inform others of the amendment, including persons that Member names who received PHI about that Member and who need the amendment.  A Member may request an amendment of PHI by writing to the address below. 

5. A Member has the right to a listing of disclosures MedVisors has made.

If a Member asks MedVisors in writing, that Member has the right to receive a written list of certain of MedVisors's disclosures of PHI about that Member.  A Member may ask for disclosures made up to six (6) years before that Member's request (not including disclosures made prior to December 1, 2011).  MedVisors is required to provide a listing of all disclosures except the following:

  • For that Member's treatment
  • For health guidance, advice and consultation operations
  • Made to or requested by that Member, or authorized by that a Member
  • Occurring as a byproduct of permitted uses and disclosures
  • Made to individuals involved in that Member's guidance, advice and consultation, for directory or notification purposes, or for other purposes described in subsection B.4 above
  • Allowed by law when the use and/or disclosure relates to certain specialized government functions or relates to correctional institutions and in other law enforcement custodial situations (please see subsection B.3 above) and
  • As part of a limited set of information which does not identify that Member

The list will include the date of the disclosure, the name (and address, if available) of the person or organization receiving the information, a brief description of the information disclosed, and the purpose of the disclosure.  If, under permitted circumstances, PHI about that Member has been disclosed for certain types of research projects, the list may include different types of information.

If a Member requests a list of disclosures more than once in any 12-month period, MedVisors can charge that Member a reasonable fee.  A Member may request a listing of disclosures by writing to the address listed below. 

6. A Member has the right to a copy of this Notice.

A Member has the right to request a paper copy of this Notice at any time by contacting MedVisors's office.   MedVisors will provide a copy of this Notice no later than the date that Member first receives service from MedVisors.

D. Contacting MedVisors

A Member may contact MedVisors using one these manners:

  • The most secure way for a Member to communicate with MedVisors about that Member’s healthcare issues is for that Member to log into that Member’s MedVisors account at www.MedVisors.net/user/login and submit a message or question through one of the secure links provided.
  • A Member may mail written correspondence to MedVisors at:

    MedVisors Member Services
    100 Daingerfield Road, Suite 101
    Alexandria, VA 22314

  • Or, via facsimile at: 1-703-567-4501.
  • A Member may contact MedVisors by toll-free telephone at: 1-877-610-4730, or may request a MedVisors representative contact that Member by sending an email request to members@MedVisors.net. Do not send health information via email.

E. A Member May File A Complaint About MedVisors's Privacy Practices

If a Member thinks MedVisors has violated that Member's privacy rights, or that Member wants to complain to MedVisors about that Member's privacy practices, please contact MedVisors using a manner described in section D.  A Member may also send a written complaint to the United States Secretary of the Department of Health and Human Services. If a Member files a complaint, MedVisors will not take any action against that Member or change MedVisors's treatment of that Member in any way.

F. Effective Date Of This Notice

This Notice of Health Information Privacy Practices is effective on January 1, 2012.