Notice of Privacy Practices

When this Notice of Privacy Practices (“Notice”) refers to “we” or “us,” it is referring to HermanRX and all the pharmacists who provide health care services and the employees of our pharmacy. We are required by law to maintain the privacy of your protected health information (“PHI”), to follow the terms of the Notice currently in effect, to give you this Notice setting forth our legal duties and privacy practices concerning your PHI and to notify affected individuals following a breach of unsecured PHI.

This Notice describes how we may use and disclose your PHI. Additionally, this Notice explains the rights you have with respect to your PHI, and certain obligations we must abide by in accordance with the law. We reserve the right to amend this Notice. If we make any material revisions to this Notice, we will post a copy of the revised Notice in the pharmacy, on our website and will offer you a copy of the revised Notice.

I. USE AND DISCLOSURE OF YOUR PHI

We may use and disclose your PHI for treatment, payment, health care operations, and other purposes permitted or required by law. Any use not described in this Notice requires your written authorization, which you may revoke at any time by providing written notice.

A. Treatment: We may use and disclose your PHI in order to provide you with prescription and supply services. We may disclose your PHI to other pharmacists, pharmacy technicians and health care providers that are involved in your care. You will receive an individual notice and have the opportunity to opt out of any subsidized treatment communications.

B. Payment: We will use and disclose your PHI in order to obtain payment for the health care services we provide to you. We may also need to disclose your PHI to receive prior approval from your health plan or to determine if your health plan will cover a certain prescription or service.

C. Health Care Operations: We may use and disclose your PHI in connection with the management of our pharmacy. For example, this may include: quality assessment and improvement, internal compliance audits, and performance evaluations. Additionally, we may use your PHI for our business management and general administrative activities.

D. Prescription Refill Reminders, Treatment Alternatives or Health-Related Benefits: We may use and disclose your PHI to contact you to remind you about prescription refills, to tell you about treatment options or alternatives, or to inform you about health-related benefits or services that may be of interest to you.

E. Family Members, Relatives or Close Friends: Unless you object, we may disclose your PHI to family members, relatives, close friends, or others involved in your care or payment. If you cannot agree or object, we may use our professional judgment to disclose only the PHI necessary and in your best interest.

F. Other Permitted and Required Uses and Disclosures: We may use your PHI without obtaining your authorization and without offering you the opportunity to agree or object as follows:

• as required by law, provided however, that the use or disclosure will be made in compliance with applicable law;
• To public health authorities or collaborating foreign agencies authorized by law to receive such information for public health purposes, including preventing or controlling disease, reporting deaths, medication side effects, product issues, communicable diseases, and suspected abuse or neglect where required.
• to a health oversight agency for oversight activities authorized by law, including audits and inspections, and civil, administrative or criminal investigations, proceedings or actions;
• for judicial or administrative proceedings purposes in response to a subpoena, court order, discovery request, etc. but only if efforts have been made to inform you about the request or to obtain an order protecting the information requested;
• to law enforcement to report certain injuries, comply with court orders or warrants or similar process, to identify a suspect, fugitive, missing person or victim or to report a crime;
• to a coroner or medical examiner to perform duties authorized by law such as identification of a deceased person or determining the cause of death;
• to funeral directors, consistent with applicable law, as necessary to carry out their duties;
• to organ procurement organizations or similar entities for the purpose of facilitating organ, eye or tissue donation and transplantation;
• for research purposes provided that certain approvals take place and assurances are given;
• to avert a serious threat to health or safety, so long as the disclosure is only to a person who is reasonably able to prevent or lessen such threat;
• for military and veterans activities (including foreign military personnel) to assure the proper execution of a military mission and to determine eligibility for benefits;
• for national security and intelligence activities for the purpose of conducting lawful intelligence, counter-intelligence and other national security activities;
• for protection of the President and other authorized persons or foreign heads of state or to conduct authorized investigations;
• to a correctional institution or law enforcement custodian if you are an inmate or under custody; and
• to the extent necessary to comply with laws relating to workers’ compensation and work-related injuries.

II. YOUR RIGHTS AS OUR PATIENT

As our patient, you have a number of rights associated with your PHI. The following describes your specific rights.

A. You may request restrictions on how we use or disclose your PHI, but we are not required to agree (except for services paid in full out-of-pocket). Your request must specify: (1) the restriction; (2) the information involved; and (3) who it applies to. Agreed restrictions may not apply where required by law, during emergencies, or when you request access to your PHI.

B. You may request confidential communications about your PHI by alternative means or at a different location. Submit your request in writing to the Privacy Officer, specifying your preferred method or location. We will accommodate all reasonable requests whenever possible.

C. You have the right to access, inspect, and obtain a copy of your PHI, including electronic records, subject to HIPAA limitations. Reasonable fees may apply. In limited cases, access may be denied, but you may request a review and receive a written explanation of the decision.

D. You may request an accounting of disclosures of your PHI made during the previous six years, or a shorter period you specify. One request per year is free. Additional requests may incur a reasonable fee, and you will be notified before any charges apply.

E. If you believe your PHI is incorrect or incomplete, you may submit a written request to amend it while we maintain your records. If we do not have your PHI, we will provide the appropriate contact information. We will review and respond to your request.
We may deny your request if the PHI was not created by us or is already accurate and complete. If denied, you may submit a written statement of disagreement, and you may request that your amendment request, our denial, your statement, and our response be included with future disclosures of your PHI.

F. You have the right at any time to obtain a paper copy of this Notice, even if you receive this Notice electronically. If you have received an electronic copy of this Notice but wish to obtain a paper copy of this Notice, please send your request in writing to the Privacy Officer at the address listed below.

G. You have the right to opt-out of fundraising and your PHI will not be used for fundraising purposes or sold without your prior authorization.

III. Additional Information/Questions or Complaints

If you need any additional information about this Notice or wish to exercise any of your rights set forth in this Notice, please contact the Privacy Officer at the following address:

If you believe your privacy rights have been violated, you may file a complaint without retaliation with the Privacy Officer of the pharmacy or with: