Last updated: 01/01/2021
SmarTest Labs operates http://www.SmarTestLabs.com (the “Site”). Your privacy is important to us. We promise to make every effort to reasonably meet your privacy expectations. This page informs you of our policies regarding the collection, use and disclosure of Protected Health Information (PHI) we receive from users of the Site.
The confidentiality & Privacy Rule of the Health Insurance Portability and Accessibility Act (HIPAA) establishes appropriate safeguards to protect the privacy of PHI and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization.
SmarTest Labs adheres to HIPAA rules in collection, use and sharing of patient data as specified below.
By using the Site, you agree to the collection and use of information in accordance with this policy.
While using “The Site” or manually collecting information, we may ask you to provide us with certain Protected Health Information (PHI) that can be used to contact or identify you. PHI may include, but is not limited to your name, address, contact information, your laboratory test results and orders and other data as required to process your care.
How we may use your PHI
SmarTest Labs may use your Protected Health Information to treat you, to run our organization, to account for the value of services provided and to bill for services, to work with laboratory partners, with Medical Review Officers or Designated Employee Representatives, to comply with the local, state or federal law, to address law enforcement requests, and to respond to lawsuits and legal action.
We use your PHI for treatment, payment or healthcare operation purposes and for other purposes permitted or required by law. Not every use or disclosure of your PHI will fall into one of the categories listed below. We need your written consent for any disclosure of your data that are not covered in the items listed below.
- Sample Collection – SmarTest Labs may use or disclose PHI to physicians and Medical Review Officers, laboratories, patients and their authorized contacts for the purpose of analyzing your health care outcomes.
- Personal Information – When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience. No PHI Information is shared with third parties except for those authorized to process your data or those who are persons assisting in your care for example direct family members, friends or relatives. If you contact us in writing, by email or other electronic means, we may keep a record of that correspondence. A delay in providing the required information could cause delays in processing your request.
- Third Party Data Sharing – Any data sharing with third parties requires those parties to be compliant with confidentiality requirements and to use the PHI information for the specific services required. “The Site”, including SmarTest Labs operational processes does not disclose information related to race, religion, or political affiliations, without explicit written consent from the individual.
- Legal Requirements – SmarTest Labs does not disclose PHI information unless required by federal law, local & state law or for urgent personal or public safety. Where required by law we may ask for your specific approval to collect information considered to be sensitive personal Information (such as information about your ethnicity or health information). It is your prerogative to provide or decline the consent.
- Business Partners – SmarTest Labs may disclose PHI to its business associates to perform certain business functions or provide certain business services. For example, we may use another laboratory to process your sample. All of our business associates are required to maintain the privacy and confidentiality of your PHI.
- Email Address – If required, email addresses may be collected from individuals. The information will be used to send information, response to inquiries and / or request or questions.
- Payment requirements & Operations – SmarTest Labs may disclose your PHI information in order to gather payment for samples collected and processed by laboratories, Medical Review Officers (MRO’s) and Designated Employee Representative (DER), to provide information to evaluate the outcomes and accuracy of your samples.
- Fair Information Practices – We will notify the user within 7 business days in the event of a data breach. This will include the the Individual Redress Principle which requires that individuals have the right to enforce their rights against data collectors and processors who fail to comply with the law.
- Incidental requirements – Incidental use of a PHI will include calling your name in a waiting room or using your name when talking to a third party who is processing your laboratory tests.
- Technology and Data Transmission Safety – SmarTest Labs uses secure transmission of data and engages with third party provides that encrypt data at rest and data in transmission. Financial information and payment data, including credit card numbers, that you provide through the use of electronic transmission will be encrypted using our bill payment link using Socket Layer Encryption Technology (SSL). Access to this information will be limited to selected employees at SmarTest Labs.
- Privacy of Children (COPPA) – Parents are responsible for all health related issues of children under 13. SmarTest Labs requires parent consent or legal guardian consent to provide any and all testing of children under 13 years. We do not directly process requests from children under 13 years of age.
- Contact Information – SmarTest Labs welcomes your comments regarding this Statement of Privacy. Please use the contact information below to contact us.
Your rights regarding your PHI
You may request and electronic or paper copy of your medical record.
We will respond within 30 days and we may charge a reasonable, cost based fee for this service.
You may ask us to correct your medical record
If you think that information in your medical record is incomplete or inaccurate, you may ask us to correct it. We may say “no” to your request, but tell you why in writing within 60 days.
You may request confidential communication
You may ask us to contact you only in a specific way (i.e. home, office, mobile) or to send mail to a different address.
You may ask us to limit what we use or share
You can ask us not to use or share certain health information for treatment, payment or our operations. We are not required to agree to your request and may say “no”.
When you pay for a service out-of-pocket, you may request that we do not share that information with your insurer. We will say “yes” unless the law requires us to share that information.
Get a list of those with whom we have share information
You can ask for a list (accounting) of the times we’ve shared your information for six years prior to the date you ask, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Choose someone to act for you
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 that person had this authority and can act for you before we take any action.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
If you believe your privacy rights have been violated, you have the right to file a complaint with us and we will make every effort to the best of our ability to address your concerns and make reasonable effort to resolve issues in a timely manner. Please contact us at the information below.
You can also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W. Washington, D.C. 20201, calling 1-877-696-6775, or visiting http://www.hs.gov/ocr/privacy/hipaa/complaints/
We will not retaliate against you for filing a complaint.
SmarTest Labs, is laboratory testing and collection center which provides customers with a white glove experience in accurate lab, clean Drug & Alcohol, DNA and Wellness testing requirements. We do not treat or diagnose or offer medical services to patients needing a doctors care. Your health and safety is our goal and mission.