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HIPAA Privacy Policy

Under the Standards for Privacy of Individually Identifiable Health Information implementing the privacy requirements of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) set forth at 45 CFR Parts 160 and 164 (the "HIPAA Privacy Standards"), Harris Teeter is required by law to maintain the privacy of protected health information of individuals, to provide such individuals with notice of Harris Teeter's duties and privacy practices concerning protected health information, and to afford individuals certain rights, including the rights to access, amend, and restrict access to their protected health information. Harris Teeter has developed the below notice of privacy practices and policies in order to comply with its obligations under the HIPAA Privacy Standards.


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.

Harris Teeter is required by law to maintain the privacy of protected health information ("PHI") and to provide individuals with notice of Harris Teeter's 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 Harris Teeter 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 PHI about you.

Harris Teeter is required to follow the terms of this Notice. Harris Teeter will not use or disclose PHI about you without your written authorization, except as described in this Notice. Harris Teeter reserves the right to change our practices and this Notice and to make the new Notice effective for all PHI Harris Teeter maintains. Upon request, Harris Teeter will provide any revised Notice to you (either at any Harris Teeter pharmacy location or through the Harris Teeter Pharmacy Privacy Officer).

Harris Teeter will post a copy of the current policy in each Harris Teeter pharmacy location. In addition, the current Notice and any revised Notice will be posted on Harris Teeter's website at www.harristeeter.com.

YOUR HEALTH INFORMATION RIGHTS
You have the following rights with respect to PHI about you:

Obtain a paper copy of the Notice upon request. You may request a copy of the Notice at any time. You may obtain a paper copy at any Harris Teeter pharmacy location or by writing to Harris Teeter, Inc., PO Box 10100, Matthews, NC 28106, Attention: Pharmacy Privacy Officer.

Request a restriction on certain uses and disclosures of PHI. You have the right to request additional restrictions on our use or disclosure of PHI about you by completing a Request for Additional Restriction on Use or Disclosure of Protected Health Information form (available at any Harris Teeter pharmacy location) and delivering it to the Harris Teeter pharmacy location(s) where you have had prescription(s) filled or which you otherwise believe maintains PHI about you or sending it to Harris Teeter, Inc., PO Box 10100, Matthews, NC 28106, Attention: Pharmacy Privacy Officer. Harris Teeter is not required to agree to additional restrictions that are requested.

Inspect and obtain a copy of PHI. You have the right to access and copy PHI about you that is contained in a designated record set for as long as Harris Teeter maintains the PHI. The designated record set usually will include prescription and billing records. To inspect or copy PHI about you, you must complete a Request for Access to Protected Health Information form (available at any Harris Teeter pharmacy location) and deliver it to the Harris Teeter pharmacy location(s) where you have had prescription(s) filled or which you otherwise believe maintains PHI about you or send it to Harris Teeter, Inc., PO Box 10100, Matthews, NC 28106, Attention: Pharmacy Privacy Officer. Harris Teeter may charge you a fee for the costs of copying, mailing and supplies that are necessary to fulfill your request. Harris Teeter may deny your request to inspect and copy in certain limited circumstances. If you are denied access to PHI about you, you may request that the denial be reviewed.

Request an amendment of PHI. If you feel that PHI Harris Teeter maintains about you is incomplete or incorrect, you may request that Harris Teeter amend it. You may request an amendment for as long as Harris Teeter maintains the PHI. To request an amendment, you must complete a Request to Amend Protected Health Information form (available at any Harris Teeter pharmacy location) and deliver it to the Harris Teeter pharmacy location(s) where you have had prescription(s) filled or which you otherwise believe maintains PHI about you or send it to Harris Teeter, Inc., PO Box 10100, Matthews, NC 28106, Attention: Pharmacy Privacy Officer. You must include a reason that supports your request. Harris Teeter may deny your request for amendment if the PHI:
  • Was not created by Harris Teeter, unless the person or entity that created the PHI is no longer available to make the amendment;
  • Is not part of the PHI kept by or for Harris Teeter;
  • Is not part of the PHI which you would be permitted to inspect and copy; or
  • Is accurate and complete.
If Harris Teeter denies your request for amendment, you have the right to submit to Harris Teeter a statement of disagreement with the decision and Harris Teeter may give a rebuttal to your statement.

Receive an accounting of disclosures of PHI. You have the right to receive an accounting of the disclosures Harris Teeter made of PHI about you on or after April 14, 2003 for most purposes other than treatment, payment, or health care operations. The accounting will exclude certain disclosures, such as disclosures made directly to you, disclosures you authorize, disclosures to friends or family members involved in your care, and disclosures for notification purposes. The right to receive an accounting is subject to certain other exceptions, restrictions, and limitations. To request an accounting, you must complete a Request for an Accounting of Disclosures form (available at any Harris Teeter pharmacy location) and deliver it to the Harris Teeter pharmacy location(s) where you have had prescription(s) filled or which you otherwise believe maintains PHI about you or send it to Harris Teeter, Inc., PO Box 10100, Matthews, NC 28106, Attention: Pharmacy Privacy Officer. Your request must specify the time period, but may not be longer than 6 years. The first accounting you request within a 12 month period will be provided free of charge, but you may be charged for the cost of providing additional accountings. Harris Teeter will notify you of the cost involved and you may choose to withdraw or modify your request at that time.

Request communications of PHI by alternative means or at alternative locations. You have the right to request how and where Harris Teeter contacts you about PHI. For instance, you may request that Harris Teeter contact you about medical matters only in writing or at a different residence or post office box. To request confidential communication of PHI about you, you must complete a Request for Alternative Communications on Use or Disclosure of Protected Health Information form (available at any Harris Teeter pharmacy location) and deliver it to the Harris Teeter pharmacy location(s) where you have had prescription(s) filled or which you otherwise believe maintains PHI about you or send it to Harris Teeter, Inc., PO Box 10100, Matthews, NC 28106, Attention: Pharmacy Privacy Officer. Your request must state how or where you would like to be contacted. Harris Teeter will accommodate all reasonable requests.

EXAMPLES OF HOW HARRIS TEETER MAY USE AND DISCLOSE PHI
The following are descriptions and examples of ways Harris Teeter uses and discloses PHI:

Harris Teeter will use PHI for treatment. Example: Information obtained by the pharmacist will be used to dispense prescription medications to you. Harris Teeter will document in your record information related to the medications dispensed to you and services provided to you.

Harris Teeter will use PHI for payment. Example: Harris Teeter will contact your insurer or pharmacy benefit manager to determine whether it will pay for your prescription and the amount of your copayment. Harris Teeter will bill you or a third-party payor for the cost of prescription medications dispensed to you. The information on or accompanying the bill may include information that identifies you, as well as the prescriptions you are taking.

Harris Teeter will use PHI for health care operations. Example: Harris Teeter 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 Harris Teeter provides.

Harris Teeter is likely to use or disclose PHI for the following purposes:

Business associates. There are some services provided by us through contracts with business associates. Examples may include archive records storage, software support and maintenance companies, as well as select telecommunications companies assisting in transmission of electronic data for payment/treatment. When these services are contracted for, Harris Teeter may disclose PHI about you to our business associate, subject to state authorization requirements, so that they can perform the job Harris Teeter has asked them to do and bill you or your third-party payor for services rendered. To protect PHI about you, Harris Teeter requires the business associate to appropriately safeguard the PHI.

Communication with individuals involved in your care or payment for your care. Subject to state authorization requirements, health professionals such as pharmacists, using their professional judgment, may disclose to a family member, other relative, close personal friend or any person you identify, PHI relevant to that person's involvement in your care or payment related to your care.

Health-related communications. Harris Teeter may contact you to provide refill reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.

Food and Drug Administration (FDA). As required by law, Harris Teeter 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. Harris Teeter may disclose PHI about you as authorized by and as necessary to comply with laws relating to worker's compensation or similar programs established by law.

Public health. As required by law, Harris Teeter may disclose PHI about you to public health or legal authorities charged with preventing or controlling disease, injury, or disability.

Law enforcement. Harris Teeter may disclose PHI about you for law enforcement purposes as required by law or in response to a valid subpoena or other legal process.

As required by law. Harris Teeter must disclose PHI about you when required to do so by law.

Health oversight activities. Harris Teeter may disclose PHI about you to an oversight agency for activities authorized by law. These oversight activities include audits, investigations, and inspections, as necessary for our 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, Harris Teeter may disclose PHI about you in response to a court or administrative order, subject to state authorization requirements where applicable. Harris Teeter may also disclose PHI about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the requested PHI and subject to state authorization requirements where applicable.

Harris Teeter is permitted to use or disclose PHI about you for the following purposes:

Research. Harris Teeter may disclose PHI about you to researchers who have been approved by the Board of Pharmacy when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your information.

Coroners, medical examiners, and funeral directors. To the extent required by law, Harris Teeter may release PHI about you to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. Harris Teeter may also disclose PHI to funeral directors consistent with applicable law to carry out their duties.

Organ or tissue procurement organizations. Consistent with applicable law, Harris Teeter may disclose PHI about you 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. To the extent permitted by state law, Harris Teeter may use or disclose PHI about you to notify or assist in notifying a family member, personal representative, or another person responsible for your care, your location, and your general condition.

Correctional institution. If you are or become an inmate of a correctional institution, Harris Teeter may disclose PHI to the institution or its agents when necessary for your health or the health and safety of others and to the extent required by law.

To avert a serious threat to health or safety. Harris Teeter may use and disclose PHI 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.

Military and veterans. If you are a member of the armed forces, Harris Teeter may release PHI about you as required by military command authorities who are authorized by law to receive such information. Harris Teeter may also release PHI about foreign military personnel to the appropriate military authority to the extent required by law.

National security and intelligence activities. Harris Teeter may release PHI about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

Victims of abuse, neglect, or domestic violence. Harris Teeter may disclose PHI about you to a government authority, such as a social service or protective services agency, if Harris Teeter reasonably believes you are a victim of abuse, neglect, or domestic violence. Harris Teeter will only disclose this type of information to the extent required by law, if you agree to the disclosure by written authorization required by state law, or if the disclosure is allowed by law and Harris Teeter believes it is necessary to prevent serious harm to you or someone else or the law enforcement or public official that is to receive the report represents that it is necessary and will not be used against you.

OTHER USES AND DISCLOSURES OF PHI
Harris Teeter will obtain your written authorization before using or disclosing PHI about you for purposes other than those provided for above or as otherwise permitted or required by law. You may revoke any such authorization in writing at any time. Upon receipt of the written revocation, Harris Teeter will stop using or disclosing PHI about you, except to the extent that has already taken action in reliance on the authorization.

FOR MORE INFORMATION OR TO REPORT A PROBLEM
If you have questions or would like additional information about Harris Teeter's privacy practices, you may contact Harris Teeter by calling the Harris Teeter Pharmacy Privacy Officer at 704-844-3100 or writing to Harris Teeter, Inc., PO Box 10100, Matthews, NC 28106, Attention: Pharmacy Privacy Officer. If you believe your privacy rights have been violated, you can file a complaint in writing with the Harris Teeter Pharmacy Privacy Officer or with the Secretary of the United States Department of Health and Human Services. There will be no retaliation for filing a complaint.

EFFECTIVE DATE
This Notice is effective as of April 14, 2003.