Website Privacy Policy

Rady Children’s Institute for Genomic Medicine (the “Institute”) has created this Privacy Policy to demonstrate our firm commitment to privacy and to disclose our practices in gathering, using and disclosing personal information in connection with this website (the “Site”). “Personal information” is information about a person that includes identifying information about that person. Although there are links from this Site to other websites, this Privacy Policy applies only to this Site and not to websites operated by others. For example, if you “click” on a link to the website of another organization, the “click” takes you out of our Site. We are not responsible for the content or privacy practices of other websites

  1. Openness. We follow a general policy of openness regarding our privacy practices. This Privacy Policy sets out the fair information practices that govern the collection, maintenance, use and disclosure of personal information regarding visitors who use this Site.
  2. Revisions to the Privacy Policy. We may revise this Privacy Policy from time to time as we add new features or as laws change that may affect our services. If we make material changes to this Privacy Policy, we will post a new version number at the beginning of this Privacy Policy, consisting of the date (year, month and day) the Policy was last revised, so that you will be able to tell when the Privacy Policy was last changed.
  3. Collection of Personal Information. Except as disclosed in this Policy, we do not collect personal information about visitors to this Site.
    1. Web logs. We maintain standard Web logs that record data about all visitors who use this Site. These logs may contain:
      1. The Internet domain from which you access this Site (e.g., aol.com, abc.org).
      2. Your Internet Protocol (IP) address. Your computer is automatically assigned a number which acts as its IP address when you surf the Internet. Your IP address is either static (always stays the same) or dynamic (changes from time to time). A static IP address may be identifiable to you, while a dynamic address is usually not identifiable.
      3. The type of browser and operating system you use.
      4. The date and time you visited the Site.
      5. The pages that you saw on this Site.
      6. The address of the website you linked here from.

      We use Web log information to help us design our Site, to identify popular features and to make the Site more useful for visitors. Web logs are recorded in sequential files, and we do not normally try to identify individuals from Web logs or use Web logs to gather information about individuals. However, we may use Web logs to identify any person attempting to break into or damage our Site, and we may share Web log information with law enforcement agencies if we believe that we have evidence of a violation of computer security or related laws.

    2. Internet Cookies. We may place Internet “cookies” on visitors’ computer hard drives. Internet cookies save data about individuals, such as their name, user-name and the pages they visit on our Site. When a visitor with one of our cookies on his or her computer revisits our Site, we are able to recognize that computer and tailor our Site to be more helpful and efficient for that visitor. Also, cookies help us to provide streamlined services, and to document our transactions with visitors to this Site. You may have software on your computer that will allow you to decline or deactivate Internet cookies, but if you do so, some features of this Site may not work properly for you.
    3. Visitor /Customer Requests for Information. If you ask a question or make a request through this Web site, we may store your message and our response for some period of time. We may also use this information, and any information you give to us in response to a survey on the Site, to send you information about newsletters offered by the Institute; promotional events and upcoming programs at the Institute; notices of enhancements to our services; additional surveys; and to send you an e-mail version of our business directory.
    4. Choice/Opt-Out. At the point where we request information about you as a visitor, our Site provides users with the opportunity to opt-out of receiving communications with us. If you are requesting a service online, or making a donation, we may need to contact you in order to expedite your request.
  4. Access, Correction, Deletion and Data Integrity.Requests to access, correct or delete personal information may be submitted using our contact information from Section 9 of this Policy. Please note that we do not consider Web log information to be personal information. Also, we may not be able to delete or revise information about you that we have relied upon to provide services to you, or that we are legally required to maintain.
  5. Use and Disclosure of Personal Information. We do not sell or rent personal information about visitors to this Site. We do not use or disclose personal information obtained through this Site except as expressly described in this Policy.
    1. Uses. We use information obtained from weblogs, cookies and visitor requests for the purposes described in Section 3 of this Policy. We also use personal information obtained from this Site to respond to requests, improve our services, demonstrate the quality of our services to our auditors and government agencies that have oversight of the Institute, and for the additional purposes described in subsection “b” below.
    2. Disclosures. The Institute may disclose personal information to any person performing audit, legal, operational or other services for the Institute. Whenever possible, the Institute will require any recipient of personal information for these purposes to agree in writing to use the information only for the purpose for which it was disclosed and to destroy or return it when no longer needed for that purpose.

      We may disclose personal information when required to do so by a subpoena, court order, or search warrant. Except when deemed by the Institute to be infeasible, the Institute will notify the individual of a subpoena, court order or search warrant for the individual’s information, by e-mail using the e-mail address (if any) that the individual provided to the Institute.

      The Institute may disclose personal information as it deems appropriate to protect the safety of an individual or for an investigation related to public safety or to report an activity that appears to be in violation of law.

      The Institute may disclose personal information to protect the security and reliability of this Web site and of the Institute, and to take precautions against liability.

      The Institute may disclose personal information to any successor in interest (any company or organization that purchases or otherwise takes over the Hospital’s assets).

  6. Public Forums. From time to time this Site may contain message boards and/or news groups (“Forums”). Please remember that any information disclosed in these areas becomes publicly available. You should exercise caution when deciding to disclose your personal information in these areas. The Institute does not maintain or routinely monitor information posted on any message board or news group on our Site; however, it reserves the right to remove any postings that it deems inappropriate.
  7. Security. The Institute protects the personal information it has collected from this Site by using industry standard security precautions against loss and unauthorized access, destruction, use, modification or disclosure of that information. The Institute complies with the security safeguards detailed in its computer security policies and procedures, and routinely monitors that compliance. When credit card information and other financial information is transmitted over the Internet we use industry standard, SSL (secure socket layer) encryption to protect that information.
  8. Children. The Institute does not intend to collect personal information from children under age 18. The website’s services are directed at adults, and therefore this site is intended for use by adults only. No information should be submitted to or posted on this web site by users under 18.
  9. Questions, Complaints or Requests to Change Information. If at any time you wish to contact us with a question or complaint or to exercise any of the rights set out in this Privacy Policy, or if you want to change any information collected by us, you may do so by contacting us by e-mail, telephone, fax, or U.S. Mail, using the information set out below:

    3020 Children’s Way
    Mail Code 5129
    San Diego, CA 92123-4282
    refsvc@rchsd.org
    1(800)788-9029

Copyright and Trademark Notice

All content included on the Institute Web sites, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content”), in any form, are protected by United Stated, California and international copyright law and conventions. The Content includes both Content owned or controlled by Institute and Content owned or controlled by third parties and licensed to Institute. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of Institute.

Dispute Resolution for Website Use

You expressly and irrevocably agree that exclusive jurisdiction for any dispute with Institute, or in any way relating to your use of this website resides within the jurisdiction of the courts of San Diego County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the San Diego County in connection with any such dispute including any claim involving Institute, its parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and website content providers. You agree that any legal proceeding against Institute related to this website shall be instituted and litigated only in the Superior Court of the County of San Diego, California, United States of America. Your use of this website is governed by the laws of the State of California, without respect to its conflict of laws or choice of laws principles.

Warranty Disclaimer

This site, including any content or information contained within it or any site-related service, is provided “as is” and “as-available,” with all faults, and with no representations or warranties of any kind. Institute expressly disclaims all warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality of information, or non-infringement. You assume total responsibility and risk for your use of this site, site-related services and hyperlinked web sites.

Institute, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, loss of profits, revenue, loss of data, or loss of business information) arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any hyperlinked web site. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked web sites is to stop using the site and/or those services.

Although Institute attempts to ensure the integrity and accurateness of the site, it makes no guarantees whatsoever as to the correctness, accuracy, quality, reliability, appropriateness for a particular task or application, or otherwise of the site and/or any hyperlinked web sites. It is possible that the site could include inaccuracies, errors, or interruptions and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform Institute so that it can be corrected. Information contained on the site may be changed or updated without notice.

Compliance Notice

This Deficit Reduction Act notice applies to employees, associates, vendors, providers and any other business partner of Rady Children’s Hospital-San Diego (“RCHSD”).

Deficit Reduction Act & False Claims Act Deficit Reduction Act (DRA)

The 2005 Deficit Reduction Act (DRA) established a new Medicaid Integrity Program that is very similar to the Medicare Integrity Program. The 2005 DRA funded this new Fraud and Abuse detection program with an increased level of funding up to $75 billion by 2009. This level of funding indicates the rising intensity of Medicaid scrutiny. When an organization comes under the scrutiny of the Medicaid Integrity Program, one of the items that will be reviewed is whether the organization did an adequate job of communicating the details of the False Claims Act (FCA) and the whistleblower protections throughout the organization and to agents and contractors. This notice outlines the False Claims Act and related laws and RCHSD’s role in assuring effective compliance.

False Claims Act (FCA)

As a recipient of federal health care program funds, including Medicare and Medicaid, RCHSD is required by law to include in its policies and provide to all employees, associates, agents, and contractors, detailed information regarding the federal False Claims Act and applicable state civil and criminal laws intended to prevent and detect fraud, waste, and abuse in federal health care programs.

What Is the False Claims Act?

The False Claims Act is a federal law that makes it a crime for any person or organization to make a false record or file a false claim to any federal health care program, which includes any plan or program that provides health benefits (whether directly, through insurance, or otherwise) which is funded directly, in whole or in part,by the United States Government or any State health care program. In addition the law no longer has a specific intent requirement. Receipt of an overpayment that is not refunded is also considered a false claim.

In 2009 the false claims act was amended by the Fraud Enforcement Recovery Act (FERA). In 2010 additional fraud enforcement provisions were enacted as part of the Patient Protection and Affordable Care Act (PPACA). These laws include important elements:

    1. Mandatory reporting, repayment and explanation of any overpayments received from government sources;
    2. Retention of any government overpayment beyond 60 days after identification is now a false claim (invokes penalties and whistleblower provisions); and
    3. Mandatory Compliance Plans for certain provider types.

The False Claims Act also has provisions (called Qui Tam) that allow individuals with original information concerning fraud involving government health care programs to file a lawsuit on behalf of the government and, if the lawsuit is successful, to receive a portion of recoveries received by the government.

State Laws

In most states, it is a crime to obtain something (e.g., such as a Medicaid payment or benefit) based on false information. California’s false claims act is similar to the federal false claims act allowing individuals to file a lawsuit in state court for false claims that were filed with the state for payment, such as the Med-Cal program.

Penalties for Violating the False Claims Act

There are significant penalties for violating the federal False Claims Act. Financial penalties to an organization that submits a false claim can total as much as three times the amount of the claim plus fines of $5,500-$11,000 per claim. In addition to fines and penalties, the courts can impose criminal penalties against individuals and organizations for willful violations of the False Claims Act. The false claims laws adopted in California also carry significant fines and penalties of up to $10,000 for each false claim plus triple damages.

Protections Under the False Claims Act

The federal False Claims Act protects anyone who files a lawsuit under the Act from being fired, demoted, threatened, or harassed by their employer as a result of filing a False Claims Act lawsuit. Similar protections are also provided to individuals under the False Claims Act laws adopted in California.

Our Commitment to Integrity

RCHSD is committed to fully complying with all laws and regulations that apply to our organization. RCHSD has established a Compliance Program as evidence of its strong commitment to operating with the highest degree of integrity.

RCHSD’s Compliance Program includes a Code of Conduct, policies and procedures, training and education, auditing and monitoring, and mechanisms, such as our Compliance Hotline for individuals to raise issues and concerns without fear of retaliation. Information regarding RCHSD’s Compliance Program may be accessed on RCHSD’s Compliance web page.

What you must do

Whether you are an employee, associate, vendor, provider, or another business partner
of RCHSD, you must:

  • Act with honesty and integrity in all of your business activities.
  • Follow all laws and regulations and RCHSD policies and procedures that apply to your work activities, including requirements of Medicare, Medi-Cal, and other federal health care programs.
  • Contact one of the following resources available within RCHSD if you have knowledge of or concern regarding a potential false claim:
  • Call the RCHSD Chief Compliance Officer at (858) 966-8541
  • Call the RCHSD Compliance Hotline at 1(877) 862-4228

All compliance matters will be kept confidential and your concerns will be treated with
seriousness and respect. You may also call anonymously.

RCHSD policies strictly prohibit retaliation in any form against an individual reporting an issue or concern in good faith. Retaliation is subject to discipline up to and including dismissal from employment or termination of the business relationship RCHSD.

Please contact the RCHSD Chief Compliance Officer at (858) 966-8541 if you have any questions about the above.

Additional Fraud and Abuse Laws

  • Health Care Fraud, 18 U.S.C. 1347
  • False Statements Relating to Health Care Matters, 18 U.S.C. 1035
  • Medicare-Medicaid Anti-Fraud and Abuse Amendments 42 U.S.C. 1320a-7b(a)
  • Theft or Embezzlement in Connection with Health Care, 18 U.S.C. 669
  • Obstruction of Criminal Investigation of Health Care Offenses, 18 U.S.C. 1518
  • Federal Anti-Kickback Statute, 42 U.S.C. 1320a-7b(b)
  • Civil Monetary Penalties, 42 U.S.C. 1320a-7a
  • OIG Exclusion Authority, 42 U.S.C. 1320a-7
  • Sarbanes-Oxley Act, 2002