Annual Notice January 15, 2020
PACIFIC TRANS ENVIRONMENTAL SERVICES, INC.
NOTICE OF PRIVACY PRACTICES
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.
Protected Health Information
In the course of your employment or other relationship with the Company, the company will receive and maintain individually identifiable health information related to your past, present or future physical or mental health or condition, or the past, present or future payment for the provision of your health care. This body of information, received and maintained electronically or in any other form or medium, is considered by law to be “protected health information” (PHI).
Uses and Disclosure of Protected Health Information
Except as otherwise provided in this notice, the Company will not use, disclose or request protected health information without your valid authorization. When authorized by you or as otherwise required by law or by pre-existing obligations to you and by our duty to operate in the administration of benefits on your behalf, the Company will use, disclose or request only the minimum amount of protected health information necessary in that specific situation to satisfy the need of that circumstance. No other use, disclosure or request for protected health information will be made without your timely authorization. Your written authorization may be revoked by you in writing at any time.
Authorized Use Without Consent
Protected health information may be used by the Company with appropriate privacy and security controls, in the administration of your health benefits, payments and related operations. The Company will not seek or obtain your consent when using or disclosing your personal protected health information in order to fulfill the Company’s obligation to you for benefit payments or the obligation to cooperate with other entities providing health or accident insurance administration on your behalf. The Company is also authorized to disclose health information that does not or cannot identify you as an individual.
In addition, protected health information may be used the by the Company with appropriate privacy and security controls, in the administration of the Company’s drug and alcohol, medical surveillance and workers compensation programs. The Company will not seek to obtain your consent when using or disclosing your health information as it relates to work-related injuries and illnesses, drug and alcohol testing or medical surveillance.
Sources of Information
The normal and expected sources of individual protected health information that may cause the creation or maintenance of individual health information by payment record or otherwise may include the following: medical insurance, dental insurance, vision insurance, prescription drug benefits, job-related medical surveillance, and other circumstances generally applicable to all employees.
Contracts with Business Associates
Where the administration of participant benefits requires disclosure to a business associate, as that term is defined by HIPAA, the Company will not disclose protected health information and will not allow a business associate to disclose protected health information on the Company’s behalf unless there is a written Business Associate Contract in effect.
Safeguarding Protected Health Information
The Company will take reasonable precautions necessary to ensure that protected health information is kept confidential. The designated Privacy Officer will take steps to secure protected health information through promulgation of policies and procedures related to the control of printed materials, fax machines and printers, electronic information, telephone and verbal communication, computer technical maintenance, after hours access to information, and post-employment restraints on employees who had access to protected health information. The Company will use reasonable effort to minimize or correct any harm caused by the improper use or disclosure of protected health information and will enforce the privacy requirements with employee disciplinary measures up to and including termination of the offending employee’s employment.
Administrative Requirements and Record Retention
The Company has taken specific actions to ensure the confidentiality of your protected health information, including the appointment of a privacy Officer, providing authorized employees with necessary training, and establishing disciplinary procedures for unauthorized disclosures and violations. The Company is also committed to maintain in the minimal amount of protected health information for the shortest required duration. The Company is obligated to retain records required by HIPAA for six years from the date of their creation or when the records were last in effect, whichever is later.
Individual Right of Access to and Individual Right to Request Amendment of Protected Health Information
You have the right to obtain and inspect copies of protected health information that the Company maintains on your behalf. The Company will accommodate reasonable written requests, asking that the Company receive necessary protected health information by alternative means or at alternative locations if the usual channels would endanger your privacy. The Company will consider your request to restrict the use or disclosure of your protected health information to a family member or friend but is not bound by such request. You have the right to request in writing that your protected health information be amended and updated with current records, providing however, that the Company does not intend to accept, review or keep any records or information that it does not need for purposes of administering benefits related to your employment or association with the Company. Such written requests must include the reason(s) to support the requested amendment. The Company will recognize the authority of a legally appointed personal representative with power to make health care decisions on your behalf.
Accounting for Disclosures and Resolution of Complaints
On request, the Company will give you within a reasonable time a statement of disclosures of your protected health information in the six years prior to your request. This statement is not required to include disclosures for treatment, payments on your behalf, and healthcare benefit operations and administration, disclosures made under a signed authorization, or disclosures that occurred prior to April 14, 2003. You have the right to make complaints about the Company’s compliance with HIPAA policies and procedures. Such complaints may be made to the Privacy Officer identified below.
Amendment of Notice Provisions
This Notice has been provided to you as required by law to protect the privacy of your individually identifiable health information and to provide notice of the Company’s duties and privacy practices with regard to the same. The company is required to abide by the terms of this notice so long as it is in effect. The Company reserves the right to terminate this notice by issuing a revised notice changing its notice provisions applicable to all protected health information that the Company maintains. The revised notice will be posted on all Company bulletin boards and will be available from the Privacy Officer.
Formal privacy rights violations and complaints should be directed to the Company and/or to the Secretary of the U.S. Department of Health and Human Services if you believe your privacy rights have been violated. The Privacy Officer will receive your complaint or will assist you in registering your complaint with the Federal Government. The Company may not retaliate against you for filing a complaint.
For further information regarding HIPAA compliance you may contact the Company’s Privacy Officer, The Human Resources Manager, at (619) 441-1818.
This notice shall be in full force and effect as of the 14th day of April, 2003, and until withdrawn or amended.