As part XPRESS LAB SERVICES Mobile Phlebotomy, XPRESS LAB SERVICES is responsible for the drawing and delivery of laboratory specimens as needed. XPRESS LAB SERVICES do not collect any specimens without a physician order nor orders from professionals licensed to order sample collection for laboratory testing. XPRESS LAB SERVICES provides access to laboratory medicine experts to troubleshoot inconsistent or discordant lab results. XPRESS LAB SERVICES do not give any medical advice, treat, or diagnose.

XPRESS LAB SERVICES needs all pertinent client’s/patient’s information including copy of lab order at least 24 hours before the scheduled appointment.

XPRESS LAB SERVICES handles the delivery of all samples to their proper laboratory on as needed basis. If a sample is being collected for a laboratory that needs the test kit to be shipped to the patient.

XPRESS LAB SERVICES is not responsible for any delay of arrival to the laboratory, due to weather conditions or any other problems that may occur once the sample has been collected and given to the client or delivered to the laboratory as the case may be.

XPRESS LAB SERVICES is not responsible for any errors that may occur at the laboratory. It is the labs responsibility to process specimen once delivered. Any error made by XPRESS LAB SERVICES will be corrected by re-drawing at no extra charge; as long as all correct paperwork was submitted adequately prior to appointment.

Any errors in collection caused by XPRESS LAB SERVICES’s Mobile Phlebotomy (drawing the wrong tubes, unable to obtain a satisfactory blood flow to collect the specimen etc.) will not incur a charge to the patient or will be redrawn at no additional charge to the patient.

XPRESS LAB SERVICES makes every reasonable attempt to have contact with the clients prior to the appointment.

Appointments are scheduled at least 24 hours in advance. In the event an appointment needs to be cancelled, XPRESS LAB SERVICES needs to be given no less than 24 hours’ notice or there will be a $30 cancellation fee. You may reach us by phone or via email or text.

If the phlebotomist arrives to the scheduled location and there is no answer from the patient, the tech will wait 30 mins. If still no answer, the tech will leave and you will be charged the full service.

If we arrive at the appointment for the blood draw and are unable to collect the specimen due to circumstances beyond our control – example (the patient refuses, fasting blood draw was scheduled but the patient ate food, the patient did not drink plenty of water, the patient gets taken to the hospital after they have ordered STAT blood work or not available to be drawn etc.) the patient will remain responsible for the full charges of the draw.

XPRESS LAB SERVICES is a private pay service for lab sample collection and does not bill insurance companies. Any claims must be submitted by the client, with no guarantee of reimbursement. Payment for services provided by XPRESS LAB SERVICES is required in order to successfully schedule an appointment. Laboratory testing is billed through your insurance.

XPRESS LAB SERVICES do not receive any results. In the event that your doctor did not receive results, it is the responsibility of the doctor’s office to get in touch with the testing lab with which they are contracted.

You understand the above terms and conditions and agree to have my lab (and/or my son/daughter/ward/dependent) sample collected.

You understand that you are responsible for information security on your computer and in your own physical location. You understand that you are responsible for creating and maintaining your username and password and not share these with another person. You understand that you are responsible to ensure privacy on any device you use in logging on the site provided by XPRESS LAB SERVICES.

I understand that my health care provider or I can discontinue XPRESS LAB SERVICES if it is felt that this type of service delivery does not benefit my needs.

I have read and understand the information provided above regarding XPRESS LAB SERVICES. I have discussed it with my health care provider and all of my questions have been answered to my satisfaction. I hereby give my informed consent for the use of XPRESS LAB SERVICES services in my care.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH XPRESS LAB SERVICES ARISING IN CONNECTION WITH USE OF THESE SERVICES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND XPRESS LAB SERVICES AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO TERMS OF SERVICES OR THE SITE SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, OR THE APPLICABLE ARBITRATION SERVICE OR ARBITRATOR. ARBITRATION USES A SINGLE, NEUTRAL ARBITRATOR TO DECIDE A DISPUTE (INSTEAD OF A JUDGE OR JURY); ARBITRATION ALLOWS FOR MORE LIMITED DISCOVERY THAN IN A COURT CASE; AND THE ARBITRATION PROCESS AND RESULT IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. IN ARBITRATION YOU HAVE THE RIGHT, AT YOUR EXPENSE, TO BE REPRESENTED BY AN ATTORNEY OF YOUR CHOOSING. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF UNDER TERMS OF SERVICES THAT A COURT CAN AWARD UNDER THIS AGREEMENT. YOU AND XPRESS LAB SERVICES AGREE THAT ANY IN-PERSON ARBITRAL HEARING WOULD OCCUR IN THE UNITED STATES IN CALIFORNIA. XPRESS LAB SERVICES FURTHER AGREES THAT YOUR FILING FEE FOR ARBITRATION WILL BE CAPPED AT THE AMOUNT SET BY THE AMERICAN ARBITRATION ASSOCIATION, OR THE APPLICABLE ARBITRATION SERVICE OR ARBITRATOR. YOU AGREE THAT, BY AGREEING TO TERMS OF SERVICES, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND XPRESS LAB SERVICES ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF TERMS OF SERVICES. REGARDLESS OF THE FORUM, YOU AND XPRESS LAB SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

Under no circumstances shall XPRESS LAB SERVICES, or anyone else involved in the services shall be liable for any direct, indirect, punitive, incidental, special, or consequential damages of any kind. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or other legal theory, even if we have been advised of the possibility of such damages. In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law. You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Services and would not be provided to you absent such limitations.

The Terms of Service shall be governed by and construed in accordance with Georgia law, excluding its conflicts of laws principles, provided that Section 14 above shall be interpreted and enforced as set forth therein.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

• HIPAA Privacy Rule
• Covered Entities
• Permitted Uses and Disclosures
• HIPAA Security Rule

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (HHS) issued the HIPAA Privacy Rule to implement the requirements of HIPAA. The HIPAA Security Rule protects a subset of information covered by the Privacy Rule.

Compare HIPAA with FERPA

HIPAA Privacy Rule

The Privacy Rule standards address the use and disclosure of individuals’ health information (known as protected health information or PHI) by entities subject to the Privacy Rule. These individuals and organizations are called “covered entities.”

The Privacy Rule also contains standards for individuals’ rights to understand and control how their health information is used. A major goal of the Privacy Rule is to make sure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high-quality healthcare, and to protect the public’s health and well-being. The Privacy Rule permits important uses of information while protecting the privacy of people who seek care and healing.

Covered Entities

The following types of individuals and organizations are subject to the Privacy Rule and considered covered entities:

• Healthcare providers: Every healthcare provider, regardless of size of practice, who electronically transmits health information in connection with certain transactions. These transactions include:
• Claims
• Benefit eligibility inquiries
• Referral authorization requests
• Other transactions for which HHS has established standards under the HIPAA Transactions Rule.
• Health plans:
  Health plans include:
• Health, dental, vision, and prescription drug insurers
• Health maintenance organizations (HMOs)
• Medicare, Medicaid, Medicare+Choice, and Medicare supplement insurers
• Long-term care insurers (excluding nursing home fixed-indemnity policies)
• Employer-sponsored group health plans
• Government- and church-sponsored health plans
• Multi-employer health plans

Exception: A group health plan with fewer than 50 participants that is administered solely by the employer that established and maintains the plan is not a covered entity.

• Healthcare clearinghouses: Entities that process nonstandard information they receive from another entity into a standard (i.e., standard format or data content), or vice versa. In most instances, healthcare clearinghouses will receive individually identifiable health information only when they are providing these processing services to a health plan or healthcare provider as a business associate.
• Business associates: A person or organization (other than a member of a covered entity’s workforce) using or disclosing individually identifiable health information to perform or provide functions, activities, or services for a covered entity.These functions, activities, or services include:
• Claims processing
• Data analysis
• Utilization review
• Billing

Permitted Uses and Disclosures

The law permits, but does not require, a covered entity to use and disclose PHI, without an individual’s authorization, for the following purposes or situations:

• Disclosure to the individual (if the information is required for access or accounting of disclosures, the entity MUST disclose to the individual)
• Treatment, payment, and healthcare operations
• Opportunity to agree or object to the disclosure of PHI
• An entity can obtain informal permission by asking the individual outright, or by circumstances that clearly give the individual the opportunity to agree, acquiesce, or object
• Incident to an otherwise permitted use and disclosure
• Limited dataset for research, public health, or healthcare operations
• Public interest and benefit activities—The Privacy Rule permits use and disclosure of PHI, without an individual’s authorization or permission, for 12 national priority purposes:

1. When required by law 
2. Public health activities
3. Victims of abuse or neglect or domestic violence
4. Health oversight activities
5. Judicial and administrative proceedings
6. Law enforcement
7. Functions (such as identification) concerning deceased persons
8. Cadaveric organ, eye, or tissue donation
9. Research, under certain conditions
10. To prevent or lessen a serious threat to health or safety
11. Essential government functions
12. Workers’ compensation
13. When required by la

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HIPAA Security Rule

While the HIPAA Privacy Rule safeguards PHI, the Security Rule protects a subset of information covered by the Privacy Rule. This subset is all individually identifiable health information a covered entity creates, receives, maintains, or transmits in electronic form. This information is called electronic protected health information, or e-PHI. The Security Rule does not apply to PHI transmitted orally or in writing.

To comply with the HIPAA Security Rule, all covered entities must:

• Ensure the confidentiality, integrity, and availability of all e-PHI
• Detect and safeguard against anticipated threats to the security of the information
• Protect against anticipated impermissible uses or disclosures that are not allowed by the rule
• Certify compliance by their workforce

Covered entities should rely on professional ethics and best judgment when considering requests for these permissive uses and disclosures. The HHS Office for Civil Rights enforces HIPAA rules, and all complaints should be reported to that office. HIPAA violations may result in civil monetary or criminal penalties.

For more information, visit HHS’s HIPAA website.

XPRESS LAB SERVICES reserves the right to update and modify the Terms of Services.

XPRESS LAB SERVICES incorporates is Privacy Policy herein.