Gattaca Genomics Privacy Policy

Your privacy is important to Gattaca Genomics. This Gattaca Genomics Privacy Policy is subject to the Terms and Conditions posted on Gattaca Genomics’s website and may be amended without notice. Site users are encouraged to periodically check this policy to see if any changes have been made that may affect them. By visiting the Gattaca Genomics website, you agree to the terms of this Privacy Policy.
 
How Gattaca Uses and Protects a Patient’s Protected Health Information (PHI)
 
The federal Health Insurance Portability and Accountability Act Privacy Rule (HIPAA or HIPAA Privacy Rule) protects the confidentiality of patients’ individually identifiable health information — or Protected Health Information (PHI) — that HIPAA-covered entities (e.g., health care providers or an insurance company) hold. An individual’s PHI may include relevant immediate family health information that the patient provides, without identifying individual family members by name. Gattaca Genomics is considered a Covered Entity for HIPPA purposes and abides by all HIPAA Privacy Rule and applicable state Standards.
 
There are limits on when and with whom PHI may be shared, but there are no such restrictions on the use or disclosure of PHI that has been de-identified.   In 2013, as required by the passage of the Genetic Information Nondiscriminaiton Act, the Privacy Rule was modified to establish that genetic information is considered PHI, and Covered Entities (including insurance carriers) may not use or disclose PHI that is genetic information for underwriting purposes.
 
Protected Health Information (PHI). A major purpose of the HIPAA Privacy Rule is to define and limit the circumstances in which an individual's PHI may be used or disclosed by Covered Entities like Gattaca Genomics. Gattaca Genomics may not use or disclose protected health information, except either: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual's personal representative) authorizes in writing.
 
Required Disclosures. Gattaca Genomics must disclose PHI in only two situations: (a) to individuals (or their personal representatives) specifically when they request access to, or an accounting of disclosures of, their protected health information; and (b) to the Department of Health and Human Services (HHS) when it is undertaking a compliance investigation or review or enforcement action.
 
Permitted Uses and Disclosures
 
Permitted Uses and Disclosures. Gattaca Genomics is permitted, but not required, to use and disclose protected health information, without an individual's authorization, for the following purposes or situations: (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations. Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make.
 
(1) To the Individual. Gattaca Genomics may disclose protected health information to the individual who is the subject of the information.
 
(2) Treatment, Payment, Health Care Operations. Gattaca Genomics may use and disclose protected health information for its own treatment, payment, and health care operations activities. Gattaca Genomics also may disclose protected health information for the treatment activities of any health care provider, the payment activities of another Covered Entity and of any health care provider, or the health care operations of another Covered Entity involving either quality or competency assurance activities or fraud and abuse detection and compliance activities, if both covered entities have or had a relationship with the individual and the protected health information pertains to the relationship.
 
Health care operations are any of the following activities: (a) quality assessment and improvement activities, including case management and care coordination; (b) competency assurance activities, including provider or health plan performance evaluation, credentialing, and accreditation; (c) conducting or arranging for medical reviews, audits, or legal services, including fraud and abuse detection and compliance programs; (d) specified insurance functions, such as underwriting, risk rating, and reinsuring risk; (e) business planning, development, management, and administration; and (f) business management and general administrative activities of the entity, including but not limited to: de-identifying protected health information, creating a limited data set, and certain fundraising for the benefit of the Covered Entity.
 
(3) Uses and Disclosures with Opportunity to Agree or Object. Informal permission may be obtained by asking the individual outright, or by circumstances that clearly give the individual the opportunity to agree, acquiesce, or object. Where the individual is incapacitated, in an emergency situation, or not available, covered entities generally may make such uses and disclosures, if in the exercise of their professional judgment, the use or disclosure is determined to be in the best interests of the individual.
 
Facility Directories. It is a common practice in many health care facilities, such as hospitals, to maintain a directory of patient contact information. A covered health care provider may rely on an individual's informal permission to list in its facility directory the individual's name, general condition, religious affiliation, and location in the provider's facility. The provider may then disclose the individual's condition and location in the facility to anyone asking for the individual by name, and also may disclose religious affiliation to clergy. Members of the clergy are not required to ask for the individual by name when inquiring about patient religious affiliation.
 
For Notification and Other Purposes. Gattaca Genomics also may rely on an individual's informal permission to disclose to the individual's family, relatives, or friends, or to other persons whom the individual identifies, protected health information directly relevant to that person's involvement in the individual's care or payment for care. This provision, for example, allows a pharmacist to dispense filled prescriptions to a person acting on behalf of the patient. Similarly, Gattaca Genomics may rely on an individual's informal permission to use or disclose protected health information for the purpose of notifying (including identifying or locating) family members, personal representatives, or others responsible for the individual's care of the individual's location, general condition, or death. In addition, protected health information may be disclosed for notification purposes to public or private entities authorized by law or charter to assist in disaster relief efforts.
 
(4) Incidental Use and Disclosure. The Privacy Rule does not require that every risk of an incidental use or disclosure of protected health information be eliminated. A use or disclosure of this information that occurs as a result of, or as "incident to," an otherwise permitted use or disclosure is permitted as long as the Covered Entity has adopted reasonable safeguards as required by the Privacy Rule, and the information being shared was limited to the "minimum necessary," as required by the Privacy Rule.
 
(5) Public Interest and Benefit Activities. The Privacy Rule permits use and disclosure of protected health information, without an individual's authorization or permission, for 12 national priority purposes. These disclosures are permitted, although not required, by the Rule in recognition of the important uses made of health information outside of the health care context. Specific conditions or limitations apply to each public interest purpose, striking the balance between the individual privacy interest and the public interest need for this information.
 
Required by Law. Covered entities may use and disclose protected health information without individual authorization as required by law (including by statute, regulation, or court orders).
 
Public Health Activities. Covered entities may disclose protected health information to: (1) public health authorities authorized by law to collect or receive such information for preventing or controlling disease, injury, or disability and to public health or other government authorities authorized to receive reports of child abuse and neglect; (2) entities subject to FDA regulation regarding FDA regulated products or activities for purposes such as adverse event reporting, tracking of products, product recalls, and post-marketing surveillance; (3) individuals who may have contracted or been exposed to a communicable disease when notification is authorized by law; and (4) employers, regarding employees, when requested by employers, for information concerning a work-related illness or injury or workplace related medical surveillance, because such information is needed by the employer to comply with the Occupational Safety and Health Administration (OHSA), the Mine Safety and Health Administration (MHSA), or similar state law.
 
Victims of Abuse, Neglect or Domestic Violence. In certain circumstances, Covered Entities may disclose protected health information to appropriate government authorities regarding victims of abuse, neglect, or domestic violence.
 
Health Oversight Activities. Covered entities may disclose protected health information to health oversight agencies (as defined in the Rule) for purposes of legally authorized health oversight activities, such as audits and investigations necessary for oversight of the health care system and government benefit programs.
 
Judicial and Administrative Proceedings. Covered entities may disclose protected health information in a judicial or administrative proceeding if the request for the information is through an order from a court or administrative tribunal. Such information may also be disclosed in response to a subpoena or other lawful process if certain assurances regarding notice to the individual or a protective order are provided.
 
Law Enforcement Purposes. Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions: (1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; (2) to identify or locate a suspect, fugitive, material witness, or missing person; (3) in response to a law enforcement official's request for information about a victim or suspected victim of a crime; (4) to alert law enforcement of a person's death, if the Covered Entity suspects that criminal activity caused the death; (5) when Gattaca Genomics believes that protected health information is evidence of a crime that occurred on its premises; and (6) by a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.
 
Decedents. Covered entities may disclose protected health information to funeral directors as needed, and to coroners or medical examiners to identify a deceased person, determine the cause of death, and perform other functions authorized by law.
 
Cadaveric Organ, Eye, or Tissue Donation. Covered entities may use or disclose protected health information to facilitate the donation and transplantation of cadaveric organs, eyes, and tissue.
 
Research. "Research" is any systematic investigation designed to develop or contribute to generalizable knowledge. The Privacy Rule permits Gattaca Genomics to use and disclose PHI for research purposes, without an individual's authorization, provided the Covered Entity obtains either: (1) documentation that an alteration or waiver of individuals' authorization for the use or disclosure of protected health information about them for research purposes has been approved by an Institutional Review Board or Privacy Board; (2) representations from the researcher that the use or disclosure of the protected health information is solely to prepare a research protocol or for similar purpose preparatory to research, that the researcher will not remove any protected health information from the Covered Entity, and that protected health information for which access is sought is necessary for the research; or (3) representations from the researcher that the use or disclosure sought is solely for research on the protected health information of decedents, that the protected health information sought is necessary for the research, and, at the request of the Covered Entity, documentation of the death of the individuals about whom information is sought. Gattaca Genomics also may use or disclose, without an individuals' authorization, a limited data set of protected health information for research purposes (see discussion below).
 
Serious Threat to Health or Safety. Covered entities may disclose protected health information that they believe is necessary to prevent or lessen a serious and imminent threat to a person or the public, when such disclosure is made to someone they believe can prevent or lessen the threat (including the target of the threat). Covered entities may also disclose to law enforcement if the information is needed to identify or apprehend an escapee or violent criminal.
 
Essential Government Functions. An authorization is not required to use or disclose protected health information for certain essential government functions. Such functions include: assuring proper execution of a military mission, conducting intelligence and national security activities that are authorized by law, providing protective services to the President, making medical suitability determinations for U.S. State Department employees, protecting the health and safety of inmates or employees in a correctional institution, and determining eligibility for or conducting enrollment in certain government benefit programs.
 
Workers' Compensation. Covered entities may disclose protected health information as authorized by, and to comply with, workers' compensation laws and other similar programs providing benefits for work-related injuries or illnesses.
 
(6) Limited Data Set. A limited data set is protected health information from which certain specified direct identifiers of individuals and their relatives, household members, and employers have been removed.43 A limited data set may be used and disclosed for research, health care operations, and public health purposes, provided the recipient enters into a data use agreement promising specified safeguards for the protected health information within the limited data set.
 
Authorized Uses and Disclosures
 
Authorization. Gattaca Genomics must obtain the individual's written authorization for any use or disclosure of protected health information that is not for treatment, payment or health care operations or otherwise permitted or required by the Privacy Rule.
 
Gattaca Genomics Informed Consent to Carry out Preimplantation Genetic Testing (PGT)
 
Your execution of an Informed Consent to Carry out Preimplantation Genetic Testing (PGT) is required in order for you to become a patient at Gattaca Genomics. It will be provided to you upon Patient intake and can also be requested at info@gattacagenomics.com
 
 
 
Gattaca Genomics Informed Consent to Participation in Research Studies
 
Although the HIPAA Privacy Rule permits Gattaca Genomics to use and disclose certain de-identified PHI for certain research purposes, without an individual's authorization, Gattaca Genomics firmly supports and believes in the benefits of patient in medical research and encourages all. Your participation will help medical researchers better understand various diseases and develop better treatments, which may help others like you in the future. You will not benefit directly or immediately from participating in this project. We therefore ask you to complete the Informed Consent to Participation in Research Study which will be provided upon Patient intake or which can be requested at info@gattacagenomics.com
 
Miscellaneous
Gattaca Genomics may also collect non-personal-identifying information through the use of “cookies”, which are small text files stored on your computer’s hard drive or web server and are used to aid in web page navigation. Gattaca Genomics does not store any personal identifying information in any cookies on your computer. Site users have the option whether or not to accept cookies by resetting their web browsers to give notice when a cookie is being sent to their hard drive. Cookies may also be deleted from a hard drive, however, some parts of this website may not function properly or may be slowed considerably if cookies are not accepted or disabled. This Site is not intended for use by minors. Gattaca Genomics does not knowingly allow anyone under the age of 14 to participate in any activity on the website.
 
Gattaca Genomics does not provide services outside of the United States or purport to adhere to GDPR or other non-U.S. requirements. By submitting information to Gattaca Genomics you are consenting to our processing of your data in the United States in accordance with this Privacy Policy. Gattaca Genomics does not partner or have special relationships with any ad server companies.
 
Gattaca Genomics reserves the right to disclose any personally identifying or non-personal identifying information if we are required to do so by law or if we reasonably believe that such action is necessary in order to: fulfill a government request, conform with the requirements of the law or to comply with legal process served on us; protect against misuse or unauthorized use of the Site; transfer to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting Gattaca Genomics or this website; protect or defend the legal rights or property of Gattaca Genomics, this website or its users; or, in an emergency, to protect the health and safety of this Site’s users or the general public.
 
Gattaca Genomics takes reasonable steps to ensure the security of its website infrastructure and data, including hosting the site in a secure data facility and encrypting network and data transmissions, we make no guarantees or warranties concerning the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction or inadvertent disclosure of personally identifiable information.