PHI Policy

Last Modified: August 3, 2020

At times, Agile Medical and The CPAP Shop (www.thecpapshop.com) may be required to use and disclose your Protected Health Information (PHI). PHI includes any information that Agile has received or created about your past, present, and future health conditions (ie, prescriptions). With some exceptions, Agile will not use or disclose any more of your PHI than needed to accomplish than needed to accomplish the goals.

We may use or disclose your PHI without your authorization for these reasons:

• As required by federal, state, or local law, judicial or administrative proceedings, or law enforcement. In some cases, we may disclose the PHI of military personnel and veterans as well.
• When information is requested for health oversight activities (ie, to assist a government investigation).
• In cases where we deem a serious threat to the health and safety of a person or the public, we will provide PHI to law enforcement or persons able to prevent or lesson the harm.
• We comply with workers compensation laws and will provide PHI as requested.
• We will use PHI to optimize your user experience and provide targeted merchandise offers or services as applicable.

In situations not described above, we may ask for written authorization before using or disclosing any of your PHI. If you do give your permission, you can later revoke this authorization to stop future uses and disclosures.

Note: Incidental uses and disclosures of information may occur. These are defined as secondary in nature and could not reasonably be prevented, are limited in nature, and occur as a result of an otherwise permitted use or disclosure. These are permitted only after we have applied reasonable safeguards and do not disclose any more of your PHI than is needed to accomplish the purpose.

We may provide your PHI to a family member, friend, or any other person you indicate is involved with your care or payment, unless you object in whole or in part.

You may request to limit how we use or disclosure your PHI. You may not limit the uses or disclosures that we are legally required or allowed to make. For all other limitations, we will consider the request but are not legally obligated to accept. If we do accept, we will put the agreement in writing and abide by it except for emergency situations.

In most cases, you have the right to look or receive copies of your PHI. All requests must be in writing and will be responded to within 30 days. If we deny your request, we will respond in writing with an explanation of our reasons and your rights to have the denial reviewed. You have the right to ask how we send the information to you, whether it is an alternate address or via email rather than regular mail. If you request copies of your PHI, we can charge you up to $1 per page.

You have the right to receive a copy of the list of instances we have disclosed your PHI. This list will not include the uses or disclosures made for treatment, payment, or healthcare operations, directly to you, your family, or in our facility directory, or pursuant to valid authorization. The list will also not include uses or disclosures made for national security purposes, to corrections or law enforcement personnel, or before April 1, 2003. All requests will be responded within 60 days.

The list of disclosures and uses will include the date, to whom the PHI was disclosed (including address if known), description of the information sent, and reason for the request. All requests will cover the past three years, unless a shorter time period is requested. PHI disclosures will be subjected to a $25 fee per request if made more than once a year.

If you believe there is a mistake on your PHI or some information is missing, you can request the information be corrected. We will respond within 60 days of receiving the request. If request is denied, we will share the reason for denial and explain your rights to file a written statement of disagreement with the denial. Reasons for denial include that the PHI is complete, created by somebody else, not allowed to be disclosed, or not part of our records. If you do not file a written statement of disagreement, you have the right to ask your request and our denial be attached to all future disclosures of your PHI. If this request is approved, you will be notified of the changes.

If you have any complaints with our privacy policy regarding your PHI, please send an email to tcs@thecpapshop.com. You may also file a written complaint with the Secretary of the Department of Health and Human Services at 200 Independence Avenue, SW, Room 615F, Washington, DC 20201. The CPAP Shop will take no retaliatory action against you for filing a complaint against our privacy practices.

The privacy policy may be updated or modified at any time. The latest modification date will be noted at the top of the page. The above policy is only related to the Protected Health Information and is part of our complete Privacy Policy.