Notice of Privacy Practices

Notice of Privacy Practices

Last Modified April 15, 2019

Please view our Privacy Policy to learn more about our privacy practices for our websites and other services.

 

THIS NOTICE OF PRIVACY PRACTICES (“NOTICE”) DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Tempus Labs, Inc. (“Tempus,” “our,” “us,” or “we”) collects protected health information about you that is necessary to perform the genetic testing and other services we provide (“Services”). “Protected health information” or “PHI” is information about you, including demographic information, that may identify you and that relates to past, present, and/or future physical or mental health condition and related health care services.

We reserve the right to change the terms of this Notice from time to time, and any change will apply to all PHI we maintain. The current version of this Notice is available on our website and upon request. It is your responsibility to periodically review this Notice for changes.

If you have any questions about anything in this Notice, please contact our privacy officer at privacy@tempus.com.

Our Responsibilities

Tempus is committed and required by law to maintain the privacy and security of your PHI. We are required to follow the terms of this Notice and, except as described in this Notice, will not disclose your PHI without your authorization. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. If you provide us with authorization to use or disclose your PHI for a specific purpose and later change your mind, please let us know in writing.

Your Rights

You have certain rights when it comes to your PHI. You have the right to:

Ask that we limit how we use or share your PHI for treatment, payment, or our operations. We are not required to agree to your request and may say “no” if it could affect your care. If you pay for a service out-of-pocket in full, you can ask us not to share that information for the purposes of payment or our operations with your health insurer, in which case we will say “yes” unless a law requires us to share that information.

Ask us to contact you in a specific and/or confidential way (for example, home or office phone) or to send mail to a different address. We will say “yes” to all reasonable requests.

Ask for an electronic or paper copy of your medical record and other information we have about you. We will provide a copy or a summary of your health information. We may charge a reasonable, cost-based fee associated with producing copies of your medical records and other information.

 Ask us to correct your protected health information that you think is incorrect or incomplete. We may say “no” to this request if we believe the change would violate any law or other legal requirement or would otherwise cause the information to be incorrect, but if that is the case we will explain why in writing.

Ask for a list (accounting) of times we’ve shared your PHI in the six years prior to the date of your request, who we shared it with, and why. We will include all disclosures except those disclosures related to treatment, payment, and our health care operations, and certain other disclosures, such as disclosures you asked us to make. We will provide one accounting to you in any twelve (12) month period free of charge. We may charge a reasonable, cost-based fee associated with producing additional accountings in any twelve (12) month period in which you have already received a free accounting.

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.

Our Uses and Disclosures

Your PHI may be used and disclosed for treatment, payment, healthcare operations, and other purposes permitted or required by law. If we wish to use or disclose your PHI for other purposes, we would have to obtain your authorization. We may, however, use or disclose your PHI without specific authorization or permission for certain purposes, including:

Treatment. We may use and share your PHI to provide and coordinate your treatment with medical professionals responsible for your care. For example, we may use your PHI to perform tests, or send your test results to your health care provider.

Payment. We may use and share your health information to bill and receive reimbursement from health plans or other entities. For example, we may provide information about you to your health insurance plan so it will pay for the services you receive.

Health care operations. We may use and share your data to support the operations of our business or contact you when necessary. For example, we may retain a copy of your health information for auditing purposes or to improve our Services.

Business associates. There are some services provided to us through contracts with business associates (e.g., billing services), and we may disclose your PHI to our business associate so that they can perform the job we have asked them to do. To further protect your PHI, we require our business associates to appropriately safeguard your information.

Communication with individuals involved in your care or payment for your care. We may disclose your PHI to a family member, other relative, close friend, or any other person you identify that is directly relevant to that person’s involvement in your care or payment related to your care.

Protected health information of minors. As permitted by federal and state law, we may disclose PHI about minors to their parents or guardians.

Research activities. Researchers may be given limited access to your PHI so that they can develop research projects or identify patients who may potentially qualify to participate in research studies.  We may otherwise use your PHI when it is in the form of a limited data set or once an institutional review board or privacy board has reviewed the research proposal and determined that your specific authorization or consent for the research use of your PHI is not needed in whole or in part.

Creating “de-identified” information. We may use your PHI to create “de-identified” information, which means that information that can be reasonably used to identify you will be removed.  There are specific rules under the law about what type of information needs to be removed before information is considered de-identified. Once the information has been de-identified as required by law, it is no longer considered PHI, not covered by this Notice, and we may use it for any lawful purpose without further notice or compensation to you.

As required to comply with laws. We may disclose your PHI when required to do so by federal, state, or local law.

Law enforcement activity. We may disclose your PHI to law enforcement officers for law enforcement purposes as permitted by law or in response to a valid subpoena or court order.

Judicial and administrative proceedings. We may disclose your PHI in response to a court or administrative order, a subpoena, discovery request, or other lawful process by someone involved in a lawsuit or dispute with or against you.

Public health activities and threats to health and safety. We may disclose your PHI to public health or other legal authorities charged with preventing or controlling disease, receiving report of suspected abuse, neglect, or domestic violence, receiving reports of adverse reactions to medications or devices, notifying people of recalls of products, or otherwise preventing or reducing serious threats to the health and safety of you, others, or the public generally.

Health oversight activities. We may disclose your PHI to an oversight agency for activities authorized by law, including audits, investigations, and inspections necessary for licensure and for the government to monitor the health care system, government programs, and compliance with civil rights laws.

Food and Drug Administration (FDA) activities. We may disclose your PHI to the FDA, or persons under the jurisdiction of the FDA, when the PHI is related 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.

Military or veteran affairs. We may disclose your PHI as required by military command authorities if you are or were a member of the armed forces.

Specialized government functions. We may disclose your PHI to units of the government with specialized functions such as the U.S. Military or the U.S. Department of State in response to requests authorized by law.

Correctional institutions. We may disclose your PHI to a correctional institution or its agents for your health and the health and safety of other individuals if you are or become an inmate in the correctional institution.

Worker’s compensation. We may disclose your PHI to the extent authorized by and the extent necessary to comply with laws relating to worker’s compensation or other similar programs established by law.

Death. We may disclose your PHI to a coroner, medical examiner, or funeral director to identify a deceased person, determine the cause of death, or otherwise carry out their duties.

Organ tissue procurement organizations. We may disclose your PHI to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of organs for tissue donation and transplant.

Other Uses and Disclosures of PHI

We will obtain your written authorization before using or disclosing your PHI for purposes other than those described above, including uses and disclosures of psychotherapy notes or PHI for marketing purposes, and disclosures that would constitute a sale of PHI. You may revoke this authorization in writing at any time. Upon receipt of the written revocation, we will stop using or disclosing your PHI, except to the extent that we have already taken action in reliance on the authorization.

In some circumstances, your health information may be subject to additional state-level restrictions that limit or preclude some uses or disclosures described in this Notice. For example, many states have restrictions on the use or disclosure of certain categories of information like HIV/AIDS treatment, treatment for mental health conditions or developmental disabilities, or alcohol and drug abuse treatment. Similarly, state government health benefit programs may limit the disclosure of beneficiary information for purposes unrelated to the program. Some states have laws that specifically protect the privacy of your genetic information.

Reporting a Problem

If you believe your privacy rights have been violated, you may file a complaint with us directly or with the Secretary of the Department of Health and Human Services by filing a complaint with the Office for Civil Rights. We will not retaliate against you in any way for filing a complaint.

Contact Information

Please contact us with any questions, comments, or complaints about this Notice, your rights and PHI, our use and disclosure practices, or your authorization choices by email at privacy@tempus.com, by mail at 600 West Chicago Avenue, Suite 510, Chicago, IL 60654, or by calling us at 800-739-4137.