Acceptance of Terms and Conditions

By accessing Genesis Biotechnology Group, LLC (“GBG”) websites (“Sites”), you affirm that you are able and legally competent to accept and agree to the following Terms and Conditions (“Terms”). The Terms constitute an agreement between GBG and its affiliates (collectively, “GBG” or “we” or “us”) and you. If you do not agree to these Terms, do not use our Sites.

In the event there is any conflict or inconsistency between the Terms and any other terms of use that appear on our Sites, these Terms will govern. However, if you navigate away from our Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

Disclaimer of Content

THE MATERIALS ON OUR SITES ARE PROVIDED “AS IS”. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING OUR SITES AND THE MATERIALS CONTAINED IN OUR SITES. GBG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR SITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO OUR SITES. FEATURES AND SPECIFICATIONS OF PRODUCTS OR SERVICES DESCRIBED OR DEPICTED ON OUR SITES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

Intellectual Property

Trademark Notice

The trademarks, service marks and logos displayed on our Sites ("Trademark(s)") are registered and unregistered trademarks of GBG, its affiliates, or third parties. Nothing contained on our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of GBG or the applicable third party. Any unauthorized use of our Trademarks may violate trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Copyright Notice and Limitation on Use

All material on our Sites, including the selection, arrangement and design of our Sites is owned by GBG and is protected by copyright and other intellectual property laws including the sui generis rights relating to the protection of databases. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from our Sites, in whole or in part, including any code and software. No use of the material on our Sites may be made without the express written permission of GBG. Any unauthorized use of the material on our Sites may violate copyright laws, the laws of privacy and publicity, and civil and criminal statutes.

Take Down Notice and Procedures

Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") 17 U.S.C. § 512(c)(1)(A), if you believe any materials accessible on our Sites infringe your copyright, you may request removal of those materials (or access thereto) from our Sites by providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Significant failure to follow these guidelines may result in inadequate notice of the copyright infringement alleged under 17 U.S.C. § 512(c)(3)(B).

Deliver this Notice, with all items completed to GBG’s Designated Copyright Agent:

  • Genesis Biotechnology Group, LLC
  • Legal Department
  • 2439 Kuser Road
  • Hamilton, NJ 08690
  • Email: agent@genesisbiotechgroup.com

Right to Change Terms

GBG reserves the right to update or modify the Terms at any time without prior notice. Your use of our Sites after the Terms have been updated shall be deemed to constitute acceptance by you of any modifications, additions or deletions to the Terms caused by such update.

Links to Other Sites

Our Sites may contain hyperlinks to third party-owned websites as a courtesy to you. GBG has no control over any third party-owned websites or content referenced, accessed by or available to through our Sites. GBG does not endorse, sponsor, recommend or otherwise accept any responsibility for any third party websites, their content or the availability of any third party websites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEB SITE OR CONTENT. If you choose to link to third party websites from GBG’s Sites, please consult the policy statements and the terms and conditions of each third party website you visit.

Privacy Policy

By accessing our Sites, you are agreeing to be legally bound by the Privacy Policy. The Privacy Policy in its entirety is hereby incorporated into these Terms by reference. To read our Privacy Policy please click here.

Governing Law

These Terms shall all be governed and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be performed in the State of New Jersey. You agree that any legal action or proceeding between GBG and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New Jersey. GBG’s failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. GBG may assign its rights and duties under these Terms to any party at any time without notice to you. All provisions of the Terms pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of the Terms for any reason.

Disclaimer of Liability

GBG MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS.

IN NO EVENT WILL GBG BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON OUR SITES, ANY WEBSITES LINKED TO OUR SITES, OR THE INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM OUR SITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

GBG DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF MATERIAL) PROVIDED BY OUR SITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR THAT OUR SITES, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification

You agree to defend, indemnify, and hold GBG and its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, losses and settlements including without limitation, reasonable legal and accounting fees, resulting from your violation of the Terms.

Severability

If any provision of the Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Terms shall remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision of the Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.

Scope of Services

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of our Sites and all charges related thereto. We may alter, suspend, or discontinue our Sites in whole or in part, at any time and for any reason, without notice. Our Sites may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

The Availability of the Site and International Users

Our Sites are administered by GBG from Hamilton, NJ in the United States. Our Sites and their content are designed to comply with United States laws and regulations and are intended for use by United States residents only. Access to our Sites may not be legal by certain persons or in certain countries outside of the United States. If you access our Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials published on our Sites may refer to products or services that are not available in your country. GBG makes no representation that the materials on our Sites are available for use at other locations outside of the United States.

Account Registrations

Some of the functions of our Sites may require creation of an account with us. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person's authorization. Failure to comply with the above shall constitute a breach of the Terms, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your password.

You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. You shall notify GBG of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.

Complete Agreement

The Terms constitute the entire agreement between you and GBG with respect to your use of our Sites.


Terms & Conditions And Privacy Policy For SMS Marketing

Text Marketing

By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages from Genesis Global Group at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply.

(hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning marketing.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  1. Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  2. Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  3. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  4. Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  5. Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  6. Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, shall be brought in a court of competent jurisdiction in the State of New Jersey. Each party bears their costs to litigate a dispute, claim or controversy.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Privacy Policy

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

Thank you for visiting our website. Your privacy is important to us.

This Privacy Policy discloses the privacy practices and procedures of Genesis Biotechnology Group, LLC and its affiliates (collectively, “GBG” or “we” or “us”) in connection with our websites (“Sites”). By visiting and using GBG’s Sites, you are giving your consent to the terms outlined in this Policy.

Information You Provide

Information you provide to us through our Sites may include, but is not limited to:

  • Contact details, such as your name, email address, postal address and telephone number;
  • Usernames and passwords;
  • Educational and professional background information;
  • Comments, feedback, and posts; and
  • Interests and communication preferences.

You may be asked to provide additional information when participating in a survey by GBG.

Financial Information - Financial information and payment data (e.g., credit card numbers) that you provide to us via our payment links is encrypted by using secure socket layer (“SSL”) encryption technology, which employs a 128-bit encryption system. Your financial information is safeguarded and may only be accessed by GBG employees who maintain password and job-required access rights.

Automatically Collected Information

Information automatically collected occurs by our servers and through the use of cookies (small text files sent to your computer), web beacons (also known as clear or single pixel .gifs) and other related technologies tells us how you use our Sites. This information includes, but is not limited to:

  • Internet Protocol ("IP") addresses used to connect your computer to the internet;
  • Computer, device and connection information, such as browser type and version, operating system, mobile platform and unique device identifier ("UDID") and other technical identifiers;
  • Uniform Resource Locator ("URL") click stream data, including date and time stamp, referring and exit URLs, search terms you used, and pages you visited or searched for while using our Sites; and
  • The physical location of your device in order to provide you with relevant content for your location.

Web browsers automatically accept cookies, but you can usually change your browser settings to remove or reject cookies. Disabling cookies in your browser, however, may prevent access to some features of our services. We do not link the information we store in cookies to any personally identifiable information you submit while using our Sites. We also use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened.

Protected Health Information

Under the Federal Health Insurance Portability and Accountability Act of 1986 (“HIPAA”) and its regulations related to patient privacy, GBG is required to provide you with a Notice of Privacy Practices. Some of our Services (e.g., the “Patient Portal”) collect Personal Health Information (“PHI”) and our use and disclosure of PHI are specifically governed by our Notice of Privacy Practices.

Various GBG webpages give users the option to make electronic payment for certain services. Information from these bill payment links do not display or transmit any PHI about you or information from your account. GBG maintains all PHI within the GBG information system (“IS”) firewalls that operate on separate GBG mainframes/servers. The general public does not have access to our mainframes/servers, and therefore cannot access to your PHI.

How We Use Your Information

GBG uses information collected through our Sites for purposes described in this Policy or disclosed to you on our Sites. For example, we may use your information to:

  • operate and improve our Sites and services;
  • respond to your comments and questions;
  • provide and deliver products and services you request;
  • send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • better understand you so that we may tailor services based on your interests, preferences, needs and specialties;
  • communicate with you via email about commercial, non-commercial, sponsored and non-sponsored information (if you do not wish to receive these kinds of emails, you may choose to opt out by contacting GBG at optout@genesisbiotechgroup.com); and
  • provide you special offers, promotions, surveys and other information, as well as products, events and services of ours, our affiliates and non-affiliated third parties (if you do not wish to receive these invitations, you may choose to opt out by contacting GBG at optout@genesisbiotechgroup.com).

Disclosure of Your Information

GBG does not share personal information or mobile information with affiliates or third parties for marketing and/or promotional purposes. Further, GBG does not share personal information or mobile information unless one or more of the following circumstances applies:

  • With your consent;
  • With third party vendors, consultants and other service providers with whom we contract with to help us provide our Sites and services;
  • To comply with applicable laws, regulations, legal process or to respond to lawful requests;
  • To protect our rights and property or the rights and property of our agents, customers, and others including to enforce our agreements, policies and Terms and Conditions of Use;
  • In an emergency to protect the safety of GBG and its customers;
  • In connection with or during negotiation of any merger, financing, acquisition or bankruptcy transaction or proceeding involving sale or transfer of all or a portion of our business or assets to another company.

Third Party Links

GBG’s Sites may contain links to a number of third party websites that may provide useful information. Links that transfer you to a third party website are not maintained by GBG and may contain different privacy policies than that of GBG. GBG is not responsible for the content or privacy practices of third party websites.

Data Security

GBG uses reasonable measures to protect your information from unauthorized access, disclosure, alteration, copying, use or destruction. All data gathered by our Sites is stored by us in a secure, password-protected database and only we have access to this database. No method of transmission over the Internet or electronic storage is 100% secure; as a result, we cannot guarantee absolute data security.

Privacy Choices

If you create an account on any of our Sites we will retain your information for as long as your account is active. You may amend any inaccuracies or update your profile, including your personal information and email preferences, at any time. You may opt-out of any promotional emails at any time by following the unsubscribe instructions in the promotional emails you receive from us, by updating your email preferences or by sending an email to optout@genesisbiotechgroup.com.

If you request to deactivate your account or delete your personal information, we will endeavor to fulfill your request, but some personal information may persist in backup copies for a certain period of time and may be retained as necessary for legitimate business purposes or to comply with our legal obligations.

Changes to Our Policy

GBG reserves the right change this Policy to reflect changes to our practices from time to time. Any changes will be reflected on this page. Review this Policy periodically to ensure that you are aware of any changes.

Minors

GBG is committed to the protection of children's privacy, security, and safety. Our Sites are created for an adult audience and are not designed or intended to attract children under the age of 13. We do not knowingly solicit, collect, or accept any information from children on this Site. If you become aware that your child has provided us with information without your consent, please contact us at optout@genesisbiotechgroup.com.

Contact

Our goal is to respect your privacy and we encourage your feedback to help us improve our Policy. If you have any questions or suggestions, please contact us at: optout@genesisbiotechgroup.com.

This Privacy Policy was last updated on December 30, 2015.

(This Notice of Privacy Practices is effective as of 04/14/2003)

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.

Medical Diagnostic Laboratories, L.L.C. ("MDL") is a full-service, clinical reference laboratory serving thousands of clients and their patients throughout the United States and internationally. At MDL, we pledge to give you the highest quality health care and to have a relationship with you built on trust. This trust includes our commitment to respect the privacy and confidentiality of a patient’s protected health information, or PHI. Your PHI is information about you, including demographic information, that can be used to identify you and that relates to your past, present or future physical or mental health or condition or the provision of health care services to you. The PHI that MDL typically processes begins with the personal identifying and medical history information (such as your name, address, date of birth, test ordered, test result etc.) that we obtain from your physician, health plan or other sources. In addition to safeguarding that patient data, we are also committed to protecting the confidentiality of an individual's new PHI as generated by MDL, such as the laboratory test results that we collect, create, or communicate as part of our diagnostic testing activities completed on your behalf.

Our Obligations

MDL is committed to gathering, processing, maintaining, and disclosing PHI only in a manner that is fully in compliance with all applicable local, state and federal laws and regulations seeking to protect patient confidentiality. MDL is and shall be in compliance with all applicable federal, state and local laws and regulations regarding the use and disclosure of PHI

Under the federal Health Insurance Portability and Accountability Act of 1986 (“HIPAA”) and its regulations related to patient privacy (the “Privacy Rule”), MDL is required to provide you with this Notice of Privacy Practices (“NOTICE”) to inform you, the patient, ahead of time about: how MDL will work with your PHI, MDL’s legal duties related to your PHI, and your own rights with respect to your PHI. MDL is also required to abide by the terms of the NOTICE currently in effect. Your other health care provider(s) may have different notices regarding the use and disclosure of your PHI maintained by them.

MDL reserves the right to change the terms of this notice, in which case, the new revised notice will be available upon request or on our website. We urge you to read this NOTICE carefully so that you will understand our commitment to the privacy and protection of your confidential health care information, and learn how you can involve yourself in the protection of this information

If you have any questions about this NOTICE you can write us at the following address:

  • Medical Diagnostic Laboratories, L.L.C.
  • 2439 Kuser Road
  • Hamilton, NJ 08690-3303
  • Attn: Compliance Officer
  • (609) 570-1000

Permissible Uses and Disclosures of Your PHI that MDL Can Make Without Your Authorization

Your PHI will be used or disclosed for treatment, payment, or healthcare operations purposes related to the care provided to you and for other purposes as permitted or required by law. While we cannot list every possible use or disclosure, all of the ways we may use or disclose your PHI without your authorization will fall into one of the categories listed below.

If we want or need to use or disclose your PHI for purposes that do not fall into these general categories, we will first have to obtain your written authorization. In the event you have issued us an authorization, you have the right to withdraw your authorization in writing at any time, except if we have relied on the authorization before you inform us of your withdrawal.

MDL does not need your authorization of permission to use or disclose your PHI for the following purposes:

  1. Treatment: MDL, as a health care provider that provides physicians with clinical laboratory testing for their patients, uses the PHI it receives from your physicians as part of its testing processes (to identify and enter your specimens and tests into our system). Additionally, after completing the testing, MDL reports your results, as new PHI, back to your physicians and/or other authorized health care professionals who are treating you based on those results. In addition to your treating physician, we may provide your PHI to a consulting specialist physician. In those instances, because we are not local to you and your physician, we will need to confirm this type of request, so we will ask that you forward us an authorization from your physician’s office, informing us of your desired disclosure to a specialist. We may also disclose your PHI to another testing laboratory if we are unable to perform the testing ourselves and need to refer your specimen to that laboratory to perform the requested testing.

  2. Payment: Our MDL billing department will use and disclose your PHI to the insurance companies, health plans, hospitals, and other providers for any necessary payment purposes. For example; we will send your name, date of service, test performed, diagnosis code, and other information to the health plan you are a member of so that the plan will pay us for the services we have provided you. This right of use extends to third parties/agencies we may need to use to assist us in collecting payment for our services.

  3. Health Care Operations: Your PHI will be used in the course of activities required to support MDL’s health care operations, such as tracking our utilization of resources, detecting fraud, reviewing our billing and claims processing efficiencies, or for performing quality checks on our information systems. This information will be used internally in an effort to continually improve the quality and effectiveness of the healthcare services we provide. We may also disclose your PHI to other health care providers or payers for their health care operations, but only if they already have a relationship with you and only if the purpose is for quality assurance activities, peer review activities, detecting fraud, or for other limited purposes.

  4. Disclosures to Business Associates: MDL may disclose your PHI to other companies or individuals who need your PHI in order to provide specific services to us. Because these entities are not normally providing services related to the type of what we are providing you, they are called "Business Associates". They must comply with the specific terms of a contract, or “Business Associate Agreement”, designed to ensure that they will use and maintain the privacy and security of your PHI in the same manner that we do. Additionally, in compliance with the Privacy Rule and its own policies, MDL will make every effort possible to ensure that whatever disclosure is made of your PHI, it will be limited to that which is minimum necessary for the support services to be provided. For example, your PHI may be disclosed to couriers we use to transport specimens to us. We will only provide the couriers with just the piece of PHI they need to perform their services.

MDL may also use or disclose your PHI without your authorization for the following purposes, as permitted or required by law

  1. When required by law: in order to comply with federal or state laws, the order of the court, or the orders of a governmental agency.
  2. Public health: to public health authorities for preventing or controlling disease, injury, or disability, such as reporting vital, or communicable or sexually transmitted disease information.
  3. Health oversight activities: to health oversight agency for oversight activities authorized by law (for example as part of mandated laboratory inspection of our facilities by state regulators).
  4. Judicial and administrative proceedings: to courts, parties to a lawsuit or government agencies as may be required during the course of a judicial or administrative proceeding.
  5. Law enforcement: to law enforcement officials relating to crimes and other law enforcement purposes.
  6. Coroners/ Medical Examiners: to coroners, medical examiners, or funeral directors for the purpose of identification or determining the cause of death or for other duties authorized by law.
  7. Cadaveric organ, eye, or tissue donation purposes: to organizations regarding organ, eye or tissue donation at death
  8. Research: to researchers when the individual’s waiver or alteration of authorization and the researcher’s proposed research and established research protocols have been approved by either an institutional review board or a privacy board to ensure the privacy of PHI.
  9. Threat to health or safety: consistent with law, to prevent a serious threat to personal health or safety to others (an agency’s investigation of a physician's license).
  10. Specialized government functions: to military command authorities, veterans' administration, and national security and intelligence officials for activities deemed necessary to carry out their respective missions, or to law enforcement officials having custody of an inmate.
  11. Workers compensation: to the extent authorized by and to the extent necessary to comply with laws relating to workers’ compensation or similar programs.

Your Rights Concerning the Privacy and Confidentiality of Your PHI

  1. Access: You have the right to look at and get a copy of your PHI. You must ask for this in writing. We will respond within thirty (30) days from receipt of your request. If your request is denied, we must explain the reasons why in writing and tell you what rights you have. If we do not have the information you seek but we do know where it is, we must inform you of that.
  2. Changes:
    • You have the right to ask us to change your PHI related to your treatment and bills if you think there has been a mistake or that information is missing.
    • You must make your request in writing and give the reason for the request.
    • MDL has sixty (60) days to respond to the request.
    • If we are unable to act on the request within the 60 days, we will notify you that we are extending the response time by 30 days.
    • If we extend the response time, we will explain the delay to you in writing and give you a new date of when to expect a response.
    • We may deny your request.
    • If we deny your request, we must give you a written statement with the reasons for your denial and what other steps are available to you.
    • If we grant your request, we will ask you to tell us the persons you want to receive the changes. You need to agree to have us notify them along with any other who received the previous information before the changes were made, and who may have relied on that information to treat you.
  3. Accounting: You have the right to get a record of the times your health information has been shared. You must make your request in writing. You may request this as far back as six years, for disclosures after April 14, 2003. The listing you get will include the date, name, and address (if known) of the person or organization receiving your information. It will also include a brief explanation of the information given and the reasons for the disclosure.
    • The following exceptions apply:
      • sharing your PHI for the purposes of treatment, payment or health care operations
      • sharing your PHI if you gave permission in writing (signed an authorization form)
      • sharing your information in our data systems
      • sharing your information with persons involved in your care
      • sharing your information to communicate with you about your health condition
      • sharing your information prior to April 14, 2003
    • MDL has sixty (60) days to respond to the request.
    • If we are unable to act on the request within the 60 days, we will notify you that we are extending the response time by 30 days.
    • If we extend the response time, we will explain the delay to you in writing and give you a new date of when to expect a response.
    • Your first request for a record in any 12-month period is free. Subsequent requests will be at a cost. We will notify you of the fee before we do the work so that you may stop the request if you do not wish to pay the fee.
  4. Restrictions: You have the right to ask for restrictions on the uses of your health information for treatment, payment or health care operations. MDL is not required to agree to your request. You may not ask us to restrict uses and disclosures that we are legally required to make.
  5. Confidential Communications: You have the right to request how and where MDL is to send your PHI or communicate with you regarding any PHI, including billing information. It is your responsibility to provide us with contact information we can use to contact you. We may ask that you put your request in writing, but we do not have the right to ask you the reason for this.
  6. Notice of Privacy Practices: You have the right to receive a paper copy of this NOTICE upon request, even if you previously agreed to receive this NOTICE electronically.

How to exercise your rights

To exercise any of your privacy rights, please write to us at the address at the beginning of this NOTICE with your specific written request. Be sure to include sufficient information for us to identify all of your records. For additional details, or for instructions regarding how to exercise these rights, please contact us.

How to File a Complaint

If you believe your privacy rights have been violated, you have the right to register a complaint with MDL , the Office for Civil Rights, U.S. Department of Health & Human Services, 26 Federal Plaza - Suite 3313, New York, NY 10278, (212) 264-3313 (TEL), (212) 264-2355 (TDD), (212) 264-3039 (FAX) , or e-mail your complaint to OCRComplaint@hhs.gov. MDL will not retaliate against any individual for filing a complaint. You may file a complaint by writing to us at the address at the beginning of this NOTICE.

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