Notice of Privacy Practices

Notice of Privacy Practices

Effective Date: 12/26/2023

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

If you have any questions about this notice, contact Rotech Healthcare Inc.

Mailing Address:
Rotech’s Privacy Officer
Attn: Corporate Compliance Department
6251 Chancellor Dr. Suite 119
Orlando, FL 32809
Phone: (877) 603-7840
Email: corporate@rotech.com

PURPOSE OF THIS NOTICE
This notice describes the ways in which we may use and disclose medical information about you. This notice also describes your rights and certain obligations we have regarding the use and disclosure of medical information.

NOTICE SUMMARY

Your Rights

You have the right to:

  •  Get a copy of your health and claims records
  • Correct your health and claims records 
  • Request confidential communication
  • Ask us to limit the information we share 
  • Get a list of those with whom we’ve shared your information
  • Get a copy of this privacy notice
  • Choose someone to act for you
  • File a complaint if you believe your privacy rights have been violated 

Our Uses and Disclosures

We may use and share your information as we:

  • Help manage the health care treatment you receive
  • Administer the plan
  • Pay for your health services
  • Administer your health plan
  • Help with public health and safety issues
  • Do research
  • Comply with the law
  • Respond to organ and tissue donation requests
  • Work with a medical examiner or funeral director
  • Address workers’ compensation, law enforcement, and other government requests
  • Respond to lawsuits and legal actions 

Your Choices

You have some choices in the way that we use and share information as we: 

  • Answer coverage questions from your family and friends
  • Provide disaster relief
  • Market our services and raise funds 

OUR RESPONSIBILITIES

We are required by law to maintain the privacy and security of your protected health information. You have the right to be notified following any breach of unsecured medical information that compromises the privacy of the information.  Accordingly, we will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. We must follow the duties and privacy practices described in this notice, give you a copy of it and confirm you received it, and provide our internal complaint process for privacy issues to you. We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.  For more information see: https://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html

WHO WILL FOLLOW OUR PRIVACY PRACTICES

This notice describes Rotech’s practices and that of all Rotech employees, other Rotech personnel, and all Rotech entities that have common ownership or control. All these entities, sites, and locations follow the terms of this notice. In addition, these entities, sites, and locations may share medical information with each other for treatment, payment, or health care operations purposes described in this notice.

OUR PLEDGE REGARDING MEDICAL INFORMATION

We understand that medical information about you and your health is personal. We are committed to protecting medical information about you.  We create a record of the care and services that we provide to you. We need this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care we generate.  This notice also applies to other health information about you, such as information collected with your authorization during research studies. Your personal doctor and other entities providing products or services to you may have different policies or notices regarding their use and disclosure of your medical information. 

YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

Right to Inspect and Copy
You have the right to inspect, request a summary, and obtain a copy of your medical information about you or your care. To inspect and obtain a copy of medical information about you or your care, you must submit your request in writing to: Rotech’s Privacy Officer, Attn: Compliance Department, 6251 Chancellor Drive, Suite 119, Orlando, Florida 32809 or corporate@rotech.com. To obtain the request form, contact the Compliance Department at (877) 603-7840. If you request a physical copy of the information, we may charge a reasonable, cost-based fee for copying, mailing, and using office supplies in connection with your request. If you request an electronic copy of your medical information, our fee will not exceed our labor costs in responding to your request for the electronic copy (or summary or explanation), the costs of the electronic media (such as a CD or zip drive), and postage, if mailed. We may deny your request to inspect and obtain a copy under limited circumstances only. If you are denied access to medical information, you may request that the denial be reviewed. Another licensed health care professional chosen by us will review your request and the denial. The person conducting the review will not be the same person who denied your request. We will comply with the outcome of the review.

Right to Amend
If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for us. To request an amendment, your request must be made in writing and submitted to: Rotech’s Privacy Officer, Attn: Compliance Department, 6251 Chancellor Drive, Suite 119, Orlando, Florida 32809 or corporate@rotech.com. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. We may also deny your request if you ask us to amend information (i) that was not created by us, unless the person or entity that created the information is no longer available to make the amendment; (ii) is not part of the medical information kept by or for us; (iii) is not part of the information which you would be permitted to inspect and copy; or (iv) is accurate and complete. If we deny your request to amend, we will tell you why in writing within 60 days.

Right to an Accounting of Disclosures
You have the right to request an accounting of disclosures. This accounting is a list of the disclosures we made of medical information about you and will detail who we shared such information with and why. This list will not include disclosures made for treatment, payment, or Rotech’s health care operations; disclosures that you have previously authorized us to make; or other disclosures specifically exempted from the disclosure accounting requirements by the federal government. To request this list or accounting of disclosures, you must submit your request in writing to: Rotech’s Privacy Officer, Attn: Compliance Department, 6251 Chancellor Drive, Suite 119, Orlando, Florida 32809 or corporate@rotech.com. Your request must state a timeframe, which may not be longer than 6 years and may not include dates before April 14, 2003. Your request should indicate in what form you want the list, such as on paper or electronically. The first list you request within a 12-month period will be free. For additional lists, we may charge you for the reasonable costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

Right to Request Restrictions
You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment, or health care operations. However, we are not required to agree to your request, and we may deny your request if it would affect your care. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. We are not required to agree to your request unless the disclosure is to a health plan for a payment or health care operation purpose and the medical information relates solely to a health care item or service for which we have been paid out-of-pocket in full. If we do agree, we will comply with your request unless the information is necessary to provide you emergency treatment. To request restrictions, you must make your request in writing to: Rotech’s Privacy Officer, Attention: Compliance Department, 6251 Chancellor Drive, Suite 119, Orlando, Florida 32809 or corporate@rotech.com. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse.

Right to Request Confidential Communications
You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to: Rotech’s Privacy Officer, Attention: Compliance Department, 6251 Chancellor Drive, Suite 119, Orlando, Florida 32809 or corporate@rotech.com. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

Right to a Paper Copy of This Notice
You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to receive a paper copy. You may obtain a copy of this notice at our website www.rotech.com. To request a paper copy of this notice, submit a request in writing to: Rotech’s Privacy Officer, Attn: Compliance Department, 6251 Chancellor Drive, Suite 119, Orlando, Florida 32809 or corporate@rotech.com.

Right to Choose Someone to Act on Your Behalf
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we take any action.

HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU

As a health care provider, we may use and disclose medical information in the following ways.

For Treatment
We may use medical information about you to provide you with medical treatment or services. We may disclose medical information about you to those involved in taking care of you, such as your physician, home health agency, and respiratory therapist. For example, we may share your phone number for medication refills, your home address for billing and collection purposes, and so on. We also may disclose medical information about you to people who may be involved in your medical care after you have received our products and services, such as family members, clergy, or others we use to provide services that are part of your care.

For Payment
We may use and disclose medical information about you so that we can bill and collect payment from you, an insurance company, or a third party for the treatment and services we provide you. For example, we may need to give your health plan information about products and services we provided to you so your health plan will pay us or reimburse you for the products and services. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.

For Health Care Operations
We may use and disclose medical information about you for our health care operations. These uses and disclosures are necessary to run our company and make sure all of our patients receive quality care. For example, we may use medical information to review our treatment and services or evaluate the performance of our staff caring for you.

We may also combine medical information about many patients to decide what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose information for review and learning purposes. We may remove information that identifies you from this set of medical information so others may use it to study health care and health care delivery without learning who the specific patients are.

Delivery Reminders
We may use and disclose medical information to contact you as a reminder that you have an appointment for treatment or services.

Treatment Alternatives
We may use and disclose medical information to inform you about or recommend possible treatment options or alternatives that may be of interest to you.

Health-Related Benefits and Services
We may use and disclose medical information to inform you about health-related benefits or services that may be of interest to you.

Individuals Involved in Your Care or Payment for Your Care
We may release medical information about you to a friend or family member who is involved in your medical care or payment for such care. We may also notify your family member, personal representative, or another person responsible for your medical care regarding your location, general condition, or death. In addition, we may disclose medical information about you to any entity assisting in a disaster relief effort so that your family can be notified about your condition, status, and location.

Research
Under certain circumstances, we may use and disclose medical information about you for research purposes. All research projects, however, are subject to a special approval process. This process evaluates a proposed research project and its use of medical information, trying to balance the research needs with patients’ need for privacy of their medical information. Before we use or disclose medical information for research, the project will have been approved through this research approval process. We will almost always ask for your specific authorization if the researcher will have access to your name, address, or other information that reveals who you are, or if the researcher will be involved in your care.

As Required by Law
We will disclose medical information about you when required to do so by federal, state, or local law.

To Avert a Serious Threat to Health or Safety
We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.

SPECIAL SITUATIONS

Military and Veterans
If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.

Workers’ Compensation
We may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.

Public Health Activities
We may disclose medical information about you for public health activities. These activities generally include the following:

  • To prevent or control disease, injury or disability;
  • To report births and deaths;
  • To report child abuse or neglect;
  • To report reactions to medications or problems with products;
  • To notify people of recalls of products they may be using;
  • To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
  • If you agree to such disclosure or when otherwise required or authorized by law, to report suspected abuse, neglect, or domestic violence to the appropriate government authority.

Health Oversight Activities
We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include audits, investigations, inspections, and licensure. These activities are necessary 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 dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena or discovery request by someone else involved in the dispute, but only if efforts were made to tell you about the request or to obtain an order protecting the information requested.

Law Enforcement
We may release medical information if asked to do so by a law enforcement official:

  • In response to a court order, subpoena, warrant, summons, or similar process;
  • To identify or locate a suspect, fugitive, material witness, or missing person;
  • About the victim of a crime under certain circumstances;
  • About a death we believe may be the result of criminal conduct;
  • About criminal conduct occurring on our premises; and
  • In emergency circumstances to report a crime, the location of the crime or victims, or the identity, description, or location of the person who committed the crime.

Coroners, Medical Examiners, and Funeral Directors
We may release medical information to a coroner or medical examiner. This may be necessary to identify a deceased person or determine the cause of death. We may also release medical information about our patients to funeral directors as necessary to carry out their duties.

National Security and Intelligence Activities
We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

Protective Services for the President and Others
We may disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized-persons, and foreign heads of state or conduct special investigations.

Inmates
If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary:

  • For the institution to provide you with health care;
  • To protect your health and safety or the health and safety of others; or
  • For the safety and security of the correctional institution.

Organ and Tissue Donation
If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye, or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.

Sale of Business Assets
We reserve the right to transfer medical information about you to a third party in conjunction with the sale of our company or certain assets belonging to our company.

OTHER USES OF MEDICAL INFORMATION AND YOUR CHOICES

Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written authorization, and you can tell us your choices about what we share for certain health information. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions. Most uses and disclosures of psychotherapy notes, uses and disclosures for marketing, and disclosures that would be a sale of medical information require your written authorization. You also have both the right and choice to tell us to share information with your family, close friends, or others involved in your care; share information in a disaster relief situation; and include your information in a hospital directory. If you are not able to tell us your preference—for example, if you are unconscious—we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety. We may contact you for fundraising efforts, but you can tell us not to contact you again. If you provide us authorization to use or disclose medical information about you, you may revoke that authorization, in writing, at any time. If you revoke your authorization, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your authorization, and that we are required to retain our records of the care that we provided to you.

CHANGES TO THIS NOTICE

We reserve the right to change this notice at any time. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice in each Rotech location and on Rotech’s website at https://www.rotech.com. The notice will contain the effective date on the first page.

CHANGES TO THIS NOTICE

You may file a complaint with us or the U.S. Department of Health and Human Services Office for Civil Rights (“HHS”) if you believe your privacy rights have been violated. You can file a complaint with HHS by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting https://www.hhs.gov/ocr/privacy/hipaa/complaints/. All complaints submitted to us must be in writing and sent to Rotech’s Privacy Officer, Attention: Compliance Department, 6251 Chancellor Drive, Suite 119, Orlando, Florida 32809 or corporate@rotech.com. You will not be penalized or retaliated against for filing a complaint.