1. Introduction : This Notice is being provided to all covered participants in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and is intended to apprise you of the legal duties and privacy practices of the Company’s self - insured group health plans. If you are a participant in any fully insured group health plan of the Company, then the insurance carriers with respect to those plans is required to provide you with a separate privacy notice regarding its practices. 2. General Rule : A group health plan is required by HIPAA to maintain the privacy of protected health information, to provide individuals with notices of the plan’s legal duties and privacy practices with respect to protected health information, and to notify affected individuals follow a breach of unsecured protected health information. In general, a group health plan may only disclose protected health information (i) for the purpose of carrying out treatment, payment and health care operations of the plan, (ii) pursuant to your written authorization; or (iii) for any other permitted purpose under the HIPAA regulations. 3. Protected Health Information : The term “protected health information” includes all individually identifiable health information transmitted or maintained by a group health plan, regardless of whether or not that information is maintained in an oral, written or electronic format. Protected health information does not include employment records or health information that has been stripped of all individually identifiable information and with respect to which there is no reasonable basis to believe that the health information can be used to identify any particular individual. 4. Use and Disclosure for Treatment, Payment and Health Care Operations : A group health plan may use protected health information without your authorization to carry out treatment, payment and health care operations of the group health plan. • An example of a “treatment” activity includes consultation between the plan and your health care provider regarding your coverage under the plan. • Examples of “payment” activities include billing, claims management, and medical necessity reviews.
• Examples of “health care operations” include disease management and case management activities. The group health plan may also disclose protected health information to a designated group of employees of the Company, known as the HIPAA privacy team, for the purpose of carrying out plan administrative functions, including treatment, payment and health care operations. 5. Disclosure for Underwriting Purposes . A group health plan is generally prohibited from using or disclosing protected health information that is genetic information of an individual for purposes of underwriting. Uses and Disclosures Requiring Written Authorization : Subject to certain exceptions described elsewhere in this Notice or set forth in regulations of the Department of Health and Human Services, a group health plan may not disclose protected health information for reasons unrelated to treatment, payment or health care operations without your authorization. Specifically, a group health plan may not use your protected health information for marketing purposes or sell your protected health information. Any use or disclosure not disclosed in this Notice will be made only with your written authorization. If you authorize a disclosure of protected health information, it will be disclosed solely for the purpose of your authorization and may be revoked at any time. Authorization forms are available from the Privacy Official identified in section 23. 6. 7. Special Rule for Mental Health Information : Your written authorization generally will be obtained before a group health plan will use or disclose psychotherapy notes (if any) about you. 8. Uses and Disclosures for which Authorization or Opportunity to Object is not Required : A group health plan may use and disclose your protected health information without your authorization under the following circumstances:
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