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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.
Haverstraw pharmacy is required by law to maintain the privacy of Protected Health
Information ("PHI") and to provide you with notice of our legal duties
and privacy practices with respect to PHI. PHI is information that may identify
you and that relates to your past, present or future physical or mental health or
condition and related health care services. This Notice of Privacy Practices ("Notice")
describes how we may use and disclose PHI to carry out treatment, payment or health
care operations and for other specified purposes that are permitted or required
by law. The Notice also describes your rights with respect to your PHI. We are required
to provide this notice to you by the Health Insurance Portability and Accountability
Act ("HIPAA").
Haverstraw pharmacy is required to follow the terms of this Notice. We will not
use or disclose your PHI without your written authorization, except as described
or otherwise permitted by this Notice. We reserve the right to change our practices
and this Notice and to make the new Notice effective for all PHI we maintain. Upon
request, we will provide any revised Notice to you.
Examples of How We Use and Disclose Protected Health Information About You
The following categories describe different ways that we use and disclose your protected
health information. We have provided you with examples in certain categories; however,
not every use or disclosure in a category will be listed.
Treatment. We may use your health information to provide and coordinate the treatment,
medications and services you receive. For example, we may contact you regarding
compliance programs such as drug recommendations, therapeutic substitution, refill
reminders, other product recommendations, counseling and drug utilization review
(DUR), product recalls or disease state management.
Payment. We may use your health information for various payment-related functions.
Example: We may contact your insurer, pharmacy benefit manager or other health care
payor to determine whether it will pay for your medication and the amount of your
co-payment. We will bill you or a third-party payor for the cost of medications
dispensed to you. The information on or accompanying the bill may include information
that identifies you, as well as the medications you are taking.
Health Care Operations. We may use your health information for certain operational,
administrative and quality assurance activities. Example: We may use information
in your health record to monitor the performance of the pharmacists providing treatment
to you. This information will be used in an effort to continually improve the quality
and effectiveness of the health care and service we provide. We may disclose health
information to business associates if they need to receive this information to provide
a service to us and will agree to abide by specific HIPAA rules relating to the
protection of health information.
We may also use your health information to provide you with information about benefits
available to you, and, in limited situations, about health-related products or services
that may be of interest to you. If you register your email address on Haverstraw
pharmacy.com, you may elect to receive this information via email.
We are permitted to use or disclose your PHI for the following purposes. However,
Haverstraw pharmacy may never have reason to make some of these disclosures.
To Communicate with Individuals Involved in Your Care or Payment for Your Care.
We may disclose to a family member, other relative, close personal friend or any
other person you identify, PHI directly relevant to that person's involvement in
your care or payment related to your care.
Food and Drug Administration (FDA). We may disclose to the FDA, or persons under
the jurisdiction of the FDA, PHI relative to adverse events with respect to drugs,
foods, supplements, products and product defects, or post-marketing surveillance
information to enable product recalls, repairs, or replacement.
Worker's Compensation. We may disclose your PHI to the extent authorized by and
to the extent necessary to comply with laws relating to worker's compensation or
other similar programs established by law.
Public Health. As required by law, we may disclose your PHI to public health or
legal authorities charged with preventing or controlling disease, injury, or disability.
Law Enforcement. We may disclose your PHI for law enforcement purposes as required
by law or in response to a subpoena or court order.
As Required by Law. We will disclose your PHI when required to do so by federal,
state, or local law.
Health Oversight Activities. We may disclose your PHI to an oversight agency for
activities authorized by law. These oversight activities include audits, investigations,
inspections, and credentialing, as necessary for licensure and for the government
to monitor the health care system, government programs, and compliance with civil
rights laws.
Judicial and Administrative Proceedings. If you are involved in a lawsuit or a dispute,
we may disclose your PHI in response to a court or administrative order. We may
also disclose health information about you in response to a subpoena, discovery
request, or other lawful process instituted by someone else involved in the dispute,
but only if efforts have been made, either by the requesting party or us, to tell
you about the request or to obtain an order protecting the information requested.
Research. We may disclose your PHI to researchers when their research has been approved
by an institutional review board or privacy board that has reviewed the research
proposal and established protocols to ensure the privacy of your information.
Coroners, Medical Examiners, and Funeral Directors. We may release your PHI to a
coroner or medical examiner. This may be necessary, for example, to identify a deceased
person or determine the cause of death. We may also disclose PHI to funeral directors
consistent with applicable law to enable them to carry out their duties.
Organ or Tissue Procurement Organizations. Consistent with applicable law, we may
disclose your PHI to organ procurement organizations or other entities engaged in
the procurement, banking, or transplantation of organs for the purpose of tissue
donation and transplant.
Notification. We may use or disclose your PHI to notify or assist in notifying a
family member, personal representative, or another person responsible for your care,
regarding your location and general condition.
Fundraising. We may contact you as part of a fundraising effort.
Correctional Institution. If you are or become an inmate of a correctional institution,
we may disclose to the institution or its agents PHI necessary for your health and
the health and safety of other individuals.
To Avert a Serious Threat to Health or Safety. We may use and disclose your PHI
when necessary to prevent a serious threat to your health and safety or the health
and safety of the public or another person.
Military and Veterans. If you are a member of the armed forces, we may release PHI
about you as required by military command authorities. We may also release PHI about
foreign military personnel to the appropriate foreign military authority.
National Security, Intelligence Activities, and Protective Services for the President
and Others. We may release PHI about you to federal officials for intelligence,
counterintelligence, protection to the President, and other national security activities
authorized by law.
Victims of Abuse or Neglect. We may disclose PHI about you to a government authority
if we reasonably believe you are a victim of abuse or neglect. We will only disclose
this type of information to the extent required by law, if you agree to the disclosure,
or if the disclosure is allowed by law and we believe it is necessary to prevent
serious harm to you or someone else.
Other Uses and Disclosures of PHI
We will obtain your written authorization before using or disclosing your PHI for
purposes other than those provided for above (or as otherwise permitted or required
by law). You may revoke an authorization in writing at any time. Upon receipt of
the written revocation, we will stop using or disclosing your PHI, except to the
extent that we have already taken action in reliance on the authorization.
Your Health Information Rights
Obtain a paper copy of the Notice upon request. You may request a copy of our current
Notice at any time. Even if you have agreed to receive the Notice electronically,
you are still entitled to a paper copy. You may obtain a paper copy from a pharmacy,
mail service location or the Privacy Office.
Request a restriction on certain uses and disclosures of PHI. You have the right
to request additional restrictions on our use or disclosure of your PHI by sending
a written request to the Privacy Office. We are not required to agree to those restrictions.
We cannot agree to restrictions on uses or disclosures that are legally required,
or which are necessary to administer our business.
Inspect and obtain a copy of PHI. In most cases, you have the right to access and
copy the PHI that we maintain about you. To inspect or copy your PHI, you must send
a written request to the Privacy Office. We may charge you a fee for the costs of
copying, mailing and supplies that are necessary to fulfill your request. We may
deny your request to inspect and copy in certain limited circumstances.
Request an amendment of PHI. If you feel that PHI we maintain about you is incomplete
or incorrect, you may request that we amend it. To request an amendment, you must
send a written request to the Privacy Office. You must include a reason that supports
your request. In certain cases, we may deny your request for amendment.
Receive an accounting of disclosures of PHI. You have the right to receive an accounting
of the disclosures we have made of your PHI after April 14, 2003 for most purposes
other than treatment, payment, or health care operations. The right to receive an
accounting is subject to certain exceptions, restrictions, and limitations. To request
an accounting, you must submit a request in writing to the Privacy Office. Your
request must specify the time period. The time period may not be longer than six
years and may not include dates before April 14, 2003.
Request communications of PHI by alternative means or at alternative locations.
For instance, you may request that we contact you at a different residence or post
office box. To request confidential communication of your PHI, you must submit a
request in writing to the Privacy Office. Your request must tell us how or where
you would like to be contacted. We will accommodate all reasonable requests.
Where to obtain forms for submitting written requests. You may obtain forms for
submitting written requests from any Haverstraw pharmacy store or mail service location
or by contacting the Privacy Officer at Walgreen Co. Privacy Office, 200 Wilmot
Road, Mail Stop 9000, Deerfield, Illinois 60015 or toll-free by telephone at (877)
924-4472. You can also visit www.Haverstraw pharmacy.com to obtain these forms.
Incidental Disclosures
Haverstraw pharmacy will make reasonable efforts to avoid incidental disclosures
of protected health information. An example of an incidental disclosure is conversations
that may be overheard between the pharmacy staff and the patient at the drive-thru,
as a result of the speaker system. To reduce the likelihood of this happening, we
recommend that you go inside the store to the pharmacy for any consultations.
Minors
If you are a minor who has lawfully provided consent for treatment and you wish
for Haverstraw pharmacy to treat you as an adult for purposes of access to and disclosure
of records related to such treatment, please notify a pharmacist or the Privacy
Office.
For More Information or To Report a Problem
If you have questions or would like additional information about Haverstraw pharmacy'
privacy practices, you may contact our Privacy Officer at Walgreen Co. Privacy Office,
200 Wilmot Road, Mail Stop 9000, Deerfield, Illinois 60015 or toll-free by telephone
at (877) 924-4472. If you believe your privacy rights have been violated, you can
file a complaint with the Privacy Officer or with the Secretary of Health and Human
Services. You can also file a complaint through www.Haverstraw pharmacy.com, and
we will route your complaint to the Privacy Office. There will be no retaliation
for filing a complaint.
Effective Date
This Notice is effective as of April 13, 2003.
STATE LAW SUPPLEMENT
ALABAMA
Disclosure. We will not disclose your professional records to anyone without your
authorization, except where it is in your best interest or where the law requires
the disclosure.
Medicaid. For Medicaid recipients, we will disclose information pertaining to your
treatment (including billing statements and itemized bills) only to:
(a) the Medicaid Fiscal Agent;
(b) the Social Security Administration;
(c) the Alabama Vocational Rehabilitation Agency;
(d) the Alabama Medicaid Agency;
(e) insurance companies requesting information about a Medicaid claim filed by the
provider, an insurance application, payment of life insurance benefits, or payment
of a loan; or
(f) other providers who need the information for treatment of a patient.
ALASKA
No supplemental material. Refer to the Notice of Privacy Practices.
ARIZONA
Communicable Diseases. We will not disclose any confidential communicable disease-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.
ARKANSAS
No supplemental material. Refer to the Notice of Privacy Practices.
CALIFORNIA
Disclosure. California law limits disclosure of your medical information in ways
that would otherwise be permitted under federal law. In the situations described
below, the pharmacy will disclose your medical information as follows:
(a) the information may be disclosed 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) the information may be disclosed 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 a 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) the information may be disclosed 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) the information may be disclosed 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 a 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 medical information that:
(1) 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;
(2) 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 the 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 the 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) the information may be disclosed 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) the information may be disclosed 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) the information may be disclosed 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) the information may be disclosed 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.
COLORADO
No supplemental material. Refer to the Notice of Privacy Practices.
CONNECTICUT
Disclosure. 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.
Sale of Information. We will not sell your individually identifiable medical record
information.
DELAWARE
No supplemental material. Refer to the Notice of Privacy Practices.
DISTRICT OF COLUMBIA
No supplemental material. Refer to the Notice of Privacy Practices.
FLORIDA
Disclosure. 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
Disclosure. 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.
HIV/AIDS. 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
HIV/AIDS. 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.
IDAHO
Disclosure. 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.
ILLINOIS
No supplemental material. Refer to the Notice of Privacy Practices.
INDIANA
Disclosure. 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.
IOWA
HIV/AIDS. 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.
KANSAS
No supplemental material. Refer to the Notice of Privacy Practices.
KENTUCKY
Disclosure. 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.
Minimum Necessary. We will only use your information to provide pharmacy care.
LOUISIANA
No supplemental material. Refer to the Notice of Privacy Practices.
MAINE
Disclosure. We will not disclose your health care information for fundraising purposes
or to coroners or funeral directors, without your authorization.
Communicable Diseases. We will only disclose patient identifiable communicable disease
information to the 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.
MARYLAND
No supplemental material. Refer to the Notice of Privacy Practices.
MASSACHUSETTS
Medicaid. For Medicaid recipients, we will restrict disclosure of your information
to purposes directly connected with the administration of the Medicaid program.
MICHIGAN
Disclosure. 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 prescriber 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.
HIV/AIDS. 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
Disclosure. For pharmacies that elect to obtain consent pursuant to state law:
We will not disclose your pharmacy records without your consent, except:
(a) for a medical emergency when the provider is unable to obtain your consent due
to your condition or the nature of the medical emergency; or
(b) to other providers within related health care entities when necessary for your
current treatment.
Disclosure. 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.
Disclosure. 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.
MISSISSIPPI
No supplemental material. Refer to the Notice of Privacy Practices.
MISSOURI
Disclosure. 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.
Medicaid. For Medicaid recipients, we will restrict disclosure of your information
to purposes directly related to your treatment, for promotion of improved quality
of care, and to assist with an investigation, prosecution, or civil or criminal
proceeding related to the administration of the Medicaid program.
HIV/AIDS. 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
Children's Health Insurance Program. For CHIP participants, we will restrict disclosure
of your information to purposes related to the administration of the CHIP program.
Medicaid. For Medicaid recipients, we will only use your information for purposes
related to administration of the Montana Medicaid program. We will not disclose
your information without your written consent, except to state authorities.
Sexually Transmitted Diseases. 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.
NEBRASKA
No supplemental material. Refer to the Notice of Privacy Practices.
NEVADA
Disclosure. 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.
Communicable Diseases. 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) in reporting the actual or suspected abuse or 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 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
Disclosure. 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.
Sales or Marketing. We will not use, release, or sell your identifiable medical
information for the purposes of sales or marketing of services or products unless
you have provided us with a written authorization permitting such activity.
NEW JERSEY
No supplemental material. Refer to the Notice of Privacy Practices.
NEW MEXICO
Disclosure. 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
Common Electronic File/Database. We will not access a common electronic file or
database used to maintain required personally identifiable dispensing information
except upon your, or your agent's, express request.
NORTH CAROLINA
Disclosure. 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
Disclosure. 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
Disclosure. 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
Disclosure. 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 it is in your best interest.
Communicable and Venereal Diseases. 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.
OREGON
No supplemental material. Refer to the Notice of Privacy Practices.
PENNSYLVANIA
HIV/AIDS. 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.
PUERTO RICO
We will not disclose your health information without your written consent, and in
any case, will disclose such information solely for medical or treatment purposes,
including:
(a) the continuation or modification of medical care or treatment;
(b) prevention or quality control purposes; or
(c) regarding payment for medical health care services.
RHODE ISLAND
Disclosure. We will only disclose your prescription information to our agents and
persons directly involved in your care.
Disclosure. We will not disclose your confidential health care information without
your consent, except in the following situations:
(a) to a physician, dentist, or other medical personnel who believe in good faith
that the information is necessary to diagnose or treat you 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 does not identify, directly or indirectly,
you in any report of that research, audit, or evaluation, or otherwise disclose
your identity in any manner;
(c) to appropriate law enforcement personnel, or to a person if the pharmacist believes
that you may pose a danger to that person or his or her family; or to appropriate
law enforcement personnel if you have attempted or are attempting to obtain narcotic
drugs from the pharmacy illegally; or to appropriate law enforcement personnel or
appropriate child protective agencies if you are a minor child who the pharmacist
believes, after providing services to you, to have been physically or psychologically
abused;
(d) between or among qualified personnel and health care providers within the health
care system for purposes of coordination of health care services given to you and
for purposes of education and training within the same health care facility;
(e) to third party health insurers for the purpose of adjudicating health insurance
claims including to utilization review agents;
(f) to a malpractice insurance carrier or lawyer if we have reason to anticipate
a medical liability action;
(g) to our own lawyer or medical liability insurance carrier if you initiate a medical
liability action against our pharmacy;
(h) to public health authorities in order to carry out their designated functions.
These functions include, but are not restricted to, investigations into the causes
of disease, the control of public health hazards, enforcement of sanitary laws,
investigation of reportable diseases, certification and licensure of health professionals
and facilities, and review of health care such as that required by the federal government
and other governmental agencies;
(i) to the state medical examiner in the event of a fatality that comes under his
or her jurisdiction;
(j) in relation to information that is directly related to a current claim for workers'
compensation benefits or to any proceeding before the workers' compensation commission
or before any court proceeding relating to workers' compensation;
(k) to our attorneys whenever we consider the release of information to be necessary
in order to receive adequate legal representation;
(l) to a law enforcement authority to protect the legal interest of an insurance
institution, agent, or insurance-support organization in preventing and prosecuting
the perpetration of fraud upon them;
(m) 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 you;
(n) to the state board of elections pursuant to a subpoena or subpoena duces tecum
when the information is required to determine your eligibility to vote by mail ballot
and/or the legitimacy of a certification by a physician attesting to a voter's illness
or disability;
(o) to certify the nature and permanency of your illness or disability, the date
when you were last examined and that it would be an undue hardship for you to vote
at the polls so that you may obtain a mail ballot;
(p) to the Medicaid fraud control unit of the attorney general's office for the
investigation or prosecution of criminal or civil wrongdoing by a health care provider
relating to his or her or its provision of health care services to then Medicaid
eligible recipients or patients, residents, or former patients or residents of long
term residential care facilities; provided, that any information obtained is not
admissible in any criminal proceeding against you;
(q) to the state department of children, youth, and families pertaining to the disclosure
of health care records of children in the custody of the department;
(r) 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; or
(s) to the workers' compensation fraud prevention unit for purposes of investigation.
SOUTH CAROLINA
Disclosure. 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.
Disclosure. 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.
SOUTH DAKOTA
Social Services. For Medical Assistance recipients, we will only use your information
for purposes directly connected to the administration of the medical assistance
program. We will not disclose your information without obtaining your approval.
TENNESSEE
Disclosure. 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.
Disclosure. 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:
(1) carry out prospective drug use review as required by law;
(2) assist prescribers in obtaining a comprehensive drug history on you; or
(3) prevent abuse or misuse of a drug or device and the diversion of controlled
substances.
Sale of Information. We will not sell your name and address or other identifying
information for any purpose.
TEXAS
Disclosure. 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 Prevention and 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
Disclosure - Pharmacist-Specific. 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;
(c) a third party payment program authorized by you;
(d) another pharmacist, pharmacy intern, pharmacy technician, or prescribing practitioner
providing services to you or to whom you have requested us to transfer a prescription;
(e) your attorney, with a written authorization signed by:
(1) you before a notary public;
(2) your parent or lawful guardian, if you are a minor;
(3) your lawful guardian, if you are incompetent; or
(4) your personal representative, in the case of deceased patients.
VERMONT
No supplemental material. Refer to the Notice of Privacy Practices.
VIRGINIA
No supplemental material. Refer to the Notice of Privacy Practices.
WASHINGTON
Disclosure. Unless authorized by you, we will not disclose your health care information,
except if the recipient needs to know the information and the disclosure is:
(a) to a person who the pharmacist reasonably believes is providing health care
to you;
(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 pharmacy; or for assisting the pharmacy
in the delivery of health care and the pharmacist reasonably believes that the person
will not use or disclose the health care information for any other purpose and 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 you, to the extent necessary to provide health care to you, unless
you have instructed the pharmacy in writing not to make the disclosure;
(d) to any person if the pharmacist reasonably believes that disclosure will avoid
or minimize an imminent danger to your or another individual's health or safety,
however there is no obligation on the part of the pharmacist to so disclose;
(e) oral, and made to your immediate family members, or any other individual with
whom you have a close personal relationship, if made in accordance with good medical
or other professional practice, unless you have instructed us in writing not to
make the disclosure;
(f) to a health care provider who is the successor in interest to the pharmacy;
(g) to a person who obtains information for purposes of an audit, if that person
agrees in writing to remove or destroy, at the earliest opportunity consistent with
the purpose of the audit, information that would enable you to be identified and
not to disclose the information further, except to accomplish the audit or report
unlawful or improper conduct involving fraud in payment for health care by a health
care provider or patient, or other unlawful conduct by the pharmacy;
(h) to an official of a penal or other custodial institution in which you are detained;
or
to provide directory information, unless you have instructed the pharmacy not to
make the disclosure.
Sexually Transmitted Diseases. We will not disclose any information regarding an
individual's treatment for a sexually transmitted disease, 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.
WEST VIRGINIA
Mental Health. 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
Disclosure. 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
Disclosure. 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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