Notice of Privacy Practices

Last Updated: November 2024

THIS NOTICE OF PRIVACY PRACTICES DESCRIBES HOW MEDICAL AND HEALTH PLAN INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW THIS DOCUMENT CAREFULLY.

This Notice of Privacy Practices (this “Notice”) describes how Genomic Life, Inc. (“Genomic Life,” “Us”, “We” or “Our”) may use and disclose your protected health information to carry out treatment, payment, or business operations and for other purposes that are permitted or required by law. Although Genomic Life is not a “Covered Entity” under the Health Insurance Portability and Accountability Act (“HIPAA”), Genomic Life acts as a “business associate” to your employer-sponsored health programs, which are “covered entities” under HIPAA. As a Business Associate, at that term is defined under HIPAA, we are mandated to comply with the HIPAA Privacy and Security rules.

“Protected health information” (“PHI”) is information about you, including demographic information, that may identify you and that relates to your past, present, or future physical health or condition, treatment, or payment for health care services. This Notice also describes your rights to access and control your PHI.

USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION:

Your protected health information may be used and disclosed by Our staff and others outside of Genomic Life that are involved in your care and navigation for the purpose of coordinating health care services to you, to support our business operations, to manage billing and utilization for your services, and any other use authorized or required by law.

TREATMENT:

We will use and disclose your protected health information to provide and coordinate your health care and any related services. This includes the coordination or management of your health care with a third party. For example, your protected health information may be provided to a health care provider to whom you have been referred to ensure the necessary information is accessible to diagnose or treat you. Genomic Life may share information regarding your participation in the Genomic Life program with your employer, but we will not share your test results with your employer or anyone else without your expressed written consent.

PAYMENT:

Your PHI may be used for billing, membership management, and member support. HIPAA mandates that only the “minimum necessary” information is disclosed, so for billing purposes, your test results are not shared.

HEALTH CARE OPERATIONS:

We may use or disclose, as needed, your PHI to support Our business activities. These activities include, but are not limited to, improving quality of care, providing information about treatment alternatives or other health-related benefits and services, developing, or maintaining and supporting information systems, legal services, and conducting audits and compliance programs. We will not sell your information without your expressed written consent.

USES AND DISCLOSURES THAT DO NOT REQUIRE YOUR AUTHORIZATION:

We may use or disclose your protected health information in the following situations without your authorization. These situations include the following uses and disclosures: as required by law; for public health and safety purposes; for health care oversight purposes; in connection with legal proceedings; for abuse or neglect reporting; with health oversight agencies for activities authorized by law; for law enforcement purposes and other required uses and disclosures. Under the law, We must make certain disclosures to you upon your request, and when required by the Secretary of the Department of Health and Human Services to investigate or determine Our compliance with legal requirements. State laws may further restrict these disclosures. Again, minimum necessary rules apply, so the results of your genetic tests will not be shared by Genomic Life.

USES AND DISCLOSURES THAT REQUIRE YOUR AUTHORIZATION:

Other permitted and required uses and disclosures will be made only with your consent, authorization, or opportunity to object unless permitted or required by law. Without your authorization, We are expressly prohibited from using or disclosing your protected health information for marketing purposes. We may not sell your protected health information without your authorization. Your protected health information will not be used for fundraising without your authorization. If you provide Us with an authorization for certain uses and disclosures of your information, you may revoke such authorization, at any time, in writing, except to the extent that We have taken an action in reliance on the use or disclosure indicated in the authorization.

YOUR RIGHTS WITH RESPECT TO YOUR PROTECTED HEALTH INFORMATION:

You have the right to request a restriction on the use or disclosure of your protected health information. Your request must be in writing and state the specific restriction requested and to whom you want the restriction to apply. We are not required to agree to a restriction that you may request, except if the requested restriction is on a disclosure to a health plan for a payment or health care operations purpose regarding a service that has been paid in full out-of-pocket.

You have the right to request to receive confidential communications from Us by alternative means or at an alternate location. We will comply with all reasonable requests submitted in writing, which specify how or where you wish to receive these communications. You have the right to request to access, inspect, and copy your protected health information.

You have the right to request an amendment of your protected health information. If We deny your request for amendment, you have the right to file a statement of disagreement with Us. We may prepare a rebuttal to Our statement, and We will provide you with a copy of any such rebuttal.

You have the right to receive an accounting of certain disclosures of your protected health information that We have made, paper or electronic, except for certain disclosures which were pursuant to an authorization, for purposes of treatment, billing, or healthcare operations (unless the information is maintained in an electronic health record); or for certain other purposes.

If someone is your legal guardian or you have given someone medical power of attorney, that person can exercise your rights and make choices about your protected health information. We will confirm the person has this authority before We take any action.

You have the right to obtain a paper copy of this Notice, upon request, even if you have previously requested its receipt electronically by e-mail.

GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

Title I of GINA contains protections against the use or disclosure of genetic information from a health plan for underwriting or other cost assessments. Your genetic information is considered PHI for the purposes of HIPAA. Under Title II of GINA your employer may not use your genetic information for employment purposes or any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. An employer may never use genetic information to make an employment decision because genetic information is not relevant to an individual’s current ability to work.

Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about the manifestation of a disease or disorder in an individual or an individual’s family members (i.e., family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or developing a condition in the future. Genetic information also includes an individual’s request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual, and the genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology.

REVISIONS TO THIS NOTICE:

We reserve the right to revise this Notice and to make the revised Notice effective for protected health information We already have about you as well as any information We receive in the future. You are entitled to a copy of the Notice currently in effect. Any significant changes to this Notice will be posted on Our website and sent to you via the email we have on file for you.

BREACH OF HEALTH INFORMATION:

We will notify you if a breach of your unsecured protected health information is discovered. Notification will be made to you no later than 60 days from the breach discovery and will include a brief description of how the breach occurred, the PHI involved, mitigation factors and any remediation efforts.

COMPLAINTS:

Complaints about this Notice or how We handle your protected health information should be directed to Our Privacy Officer. You may also submit a complaint to the U.S. Department of Health and Human Services Office for Civil Rights. We will not retaliate against you for filing a complaint.

We must follow the duties and privacy practices described in this Notice. If you have any questions about this Notice, please contact Us at Privacy@GenomicLife.com or Navigation@GenomicLife.com and request to speak with Our Privacy Officer.

If You wish to reach Us via mail, Our postal address is: 3344 N Torrey Pines Ct. Suite 100, La Jolla, California 92037