THIS NOTICE DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This Notice of Privacy Practices is being provided to you on behalf of Donor Egg Bank USA, LLC (referred to herein as “we”). We understand that your personal information and medical information that may be provided to us by your fertility practice is private and confidential. While we are not a healthcare entity, we are required by law to maintain the privacy of “protected health information.” Protected health information includes any individually identifiable information that we obtain from you or others that relates to your past, present or future physical or mental health, the health care you have received, or payment for your health care.
Although your health record is the physical property of your fertility practice, the minimal amount necessary of your medical information has been shared with Donor Egg Bank USA so that we may keep an accurate accounting of quality and outcomes that frozen eggs from the network have produced.
Portions of your health record have been shared with Donor Egg Bank USA from your fertility practice. You have a right to:
• request a restriction on certain uses and disclosures of your information as provided by applicable law
• obtain a paper copy of this Notice of Privacy Practices upon request
• inspect and copy the information we received from your healthcare provider as provided for by applicable law
• request an electronic copy of your electronic file with us.
• request to amend the information we have on file with you as provided by applicable law
• obtain an accounting of disclosures of the information we received as provided by applicable law.
• notify us if we may NOT disclose information to a spouse, family member or other person you have authorized
• request communications of the information we have received by alternative means
• revoke your authorization to use or disclose the information we have on file except to the extent that action has already been taken
• transmit copies of your information to third parties when request by you, in writing
We are required to:
• maintain the privacy of the health information we receive from your healthcare provider
• provide you with a notice as to our legal duties and privacy practices with respect to information we collect and maintain about you
• abide by the terms of this notice
• notify you if we are unable to agree to a requested restriction of your information
• accommodate reasonable requests you may have to communicate information by alternative means or at alternative locations
• where required by law, notify you in the event that there has been a breach of your unsecured health information
• protect the identity of each donor
We reserve the right to change our practices and to make the new provisions effective for all protected health information we maintain. Should our information practices change, we will post the revised Notice of Privacy Practices on our website at www.donoreggbankusa.com and provide you with a hard copy upon request.
We will not use or disclose your information without your authorization, except as described in this notice. We will not sell your information (unless permitted by law) or use or disclose such information for paid marketing (for which we receive payment from a third party) without your authorization. If we obtain your authorization, you may revoke it at any time, and this revocation will take effect except where we have already relied upon your authorization.
Permitted Uses and Disclosures
We will disclose your information in a de-identified way for quality control and regulatory reporting requirements. For example, among other items, the embryological development of embryos, uterine lining and pregnancy outcome are captured which allows us to identify quality trends. We also anticipate reporting outcome information to the Society for Assisted Reproduction Technologies (SART).
Your fertility practice will share your health information in the attempt to authorize you to participate in the Assured Refund Plan. While we request a standard template amount of information, it is sometimes necessary for us to request operative reports among other items to confirm a decision to participate in the financial plan. In good faith we will ensure the security of this information.
We will use and disclose your health information for our business operations. For example: Members of the staff or members of the quality improvement team may use information in your health record to assess the care and outcomes in your case and others like it. This information will then be used in an effort to continually improve the quality and effectiveness of the services we provide.
Other Uses or Disclosures of Protected Health Information
Business Associates: There are some services provided at Donor Egg Bank USA for whom we use business associates. When these services are contracted, we may disclose your health information to our business associate so that they can perform the job we have asked them to do. So that your health information is protected, however, we require the business associate to appropriately safeguard your information.
Notification: We may disclose information on the phone voice mail that you have provided us. We attempt to leave the minimal information necessary unless you have authorized the security of your voice mail. After coordinating with your fertility practice, we may also send you information to the address provided should in the future we need to notify you of an adverse outcome from either the donor or offspring of the donor.
Communication with Spouse/Family: Using our best judgment, we may disclose to your spouse, family member, or any other person you identify, information related to your services received from us. If you do not want these disclosures made, it is your responsibility to notify us.
Research: We may disclose information to researchers after we have reviewed the research proposal and established protocols to ensure the privacy of your information.
Marketing: Where permitted by law, we may contact you to tell you about or recommend possible services that may be of interest to you. We will also send to you our newsletter and other updates via our company. You may choose to opt out of this marketing and/or educational information.
Food and Drug Administration (FDA): We may disclose to the FDA health information relative to adverse events with respect to food, supplements, product and product defects or post marketing surveillance information to enable product recalls, repairs or replacement.
Public Health: As required by law, your health information may be used or disclosed for public health activities such as assisting public health authorities or other legal authorities to prevent or control disease, injury, disability or for other health oversight activities.
Fundraising: We do not disclose health information for fundraising purposes.
Law Enforcement: We may disclose health information for law enforcement purposes as required by law, or in response to a valid subpoena. Federal law makes provision for your health information to be released to an appropriate health oversight agency, public health authority or attorney, provided that a workforce member or business associate believes in good faith that we have engaged in unlawful conduct or have otherwise violated professional or clinical standards and are potentially endangering one or more clients, workers or the public.
While it is unlikely that Donor Egg Bank would have access to HIV-related information, genetic information, mental health records and other specially protected health information, it should be noted that this health information may be subject to certain special confidentiality protections under applicable State and Federal law. Any disclosures of these types of records will be subject to these special protections.
For More Information or to Report a Problem/Complaint
If you believe your privacy rights have been violated, you should immediately contact:
Merle Miller, Privacy Officer, Donor Egg Bank USA 240-778-6214 or via mail at 15005 Shady Grove Road, Suite 220, Rockville, MD 20850.
We will not take action against you for filing a complaint. You may also file a complaint with the Secretary of Health and Human Services (www.hhs.gov).
Personal information, including contact and/or
demographic information, is gathered from users who choose to register
with the Donor Egg Bank USA website and or enroll with the program. This
can include information unique to an individual such as your name,
mailing address, email address, phone number, marital status and/or date
of birth. This information will solely be used to supply or facilitate
the products and/or services requested by you, our user. Registration
will require each user to create a login identifier and a password.
Registered users are responsible for taking reasonable steps to ensure
that no unauthorized person has access to their password or account
login information. Registered users may contact us directly to update
the personal information in their accounts or have their password
modified. Registered users may also contact us to un-subscribe from the
Third-Party Vendors/Content Providers
Donor Egg Bank USA will occasionally engage reputable third-party vendors to help us manage our website, provide content and information and enable us to interact better with you our user. These third-party vendors may have access to your personal information and/or your activities on our site.
Links to Third-Party Websites
This website may contain links to other web sites that Donor Egg Bank USA does not own or control. We do not endorse the content on any third-party websites and are not responsible for the privacy concerns of any third-party websites.
Donor Egg Bank USA takes reasonable steps to ensure the security of its website infrastructure and data, including hosting the website in a secure HIPAA compliant data facility and encrypting network and data transmissions to and from our data facility. Although we endeavor to protect personal information, Donor Egg Bank USA makes no guarantees or warranties concerning the security of any information you disclose or transmit to us through online applications or browsers, and you do so at your own risk.
If you have any questions or would like further information about this notice, please contact Merle Miller at the above address.
This notice is effective as of 11/13/14.