HIPAA Privacy Policy

Notice of Privacy Practices

This notice describes how medical information about individuals may be used and disclosed and how an individual can get access to this information. Please review it carefully.

Effective: April 14, 2003


We are required by law to protect the privacy of an individual health information. You also have rights regarding this health information that are described in this notice.

The terms "information" or "health information" in this notice include any personal information that is created or received by a health care provider or health plan that relates to an individual physical or mental health or condition, the provision of health care to the individual, or the payment for such health care.

We have the right to change our privacy practices. If we do, we will post the revised notice to within 60 days.

How We Use or Disclose Information

We must use and disclose health information to provide information:

To the individual or someone who has the legal right to act for the individual (personal representative);
To the Secretary of the Department of Health and Human Services, if necessary, to make sure the individual privacy is protected; and
Where required by law.

We have the right to use and disclose health information to pay for health care and operate our business. For example, we may use health information:

For Payment of premiums due us and to process claims for health care services received.
For Treatment We may disclose health information to doctors or hospitals to help them provide medical care to the individual.
For Health Care Operations. We may use or disclose health information as necessary to operate and manage our business and to help manage health care coverage.
To Provide Information on Health Related Programs or Products such as alternative medical treatments and programs or about health related products and services.
To Plan Sponsors If the individual coverage is through an employer group health plan, we may share summary health information and enrollment and disenrollment information with the plan sponsor. In addition, we may share other health information with the plan sponsor for plan administration if the plan sponsor agrees to special restriction on its use and disclosure of the information.

We may use or disclose health information for the following purposes under limited circumstances:

To Persons Involved With The Individual Care We may use or disclose health information to a person involved in the care, such as a family member, when the individual is incapacitated or in an emergency, or when permitted by law.
For Public Health Activities such as reporting disease outbreaks.
For Reporting Victims of Abuse, Neglect or Domestic Violence to government authorities, including a social service or protective service agency.
For Health Oversight Activities such as governmental audits and fraud and abuse investigations.
For Judicial or Administrative Proceedings such as in response to a court order, search warrant or subpoena.
For Law Enforcement Purposes such as providing limited information to locate a missing person.
To Avoid a Serious Threat to Health or Safety by, for example, disclosing information to public health agencies.
For Specialized Government Functions such as military and veteran activities, national security and intelligence activities, and the protective services for the President and others.
For Workers' Compensation including disclosures required by state workers' compensation laws of job-related injuries.
For Research Purposes such as research related to the prevention of disease or disability, if the research study meets all privacy law requirements.
To Provide Information Regarding Decedents. We may disclose information to a coroner or medical examiner to identify a deceased person, determine a cause of death, or as authorized by law. We may also disclose information to funeral directors as necessary to carry out their duties.

If none of the above reasons applies, then we must get your written authorization to use or disclose an individual health information. If a use or disclosure of health information is prohibited or materially limited by other applicable law, it is our intent to meet the requirements of the more stringent law. In some states, an authorization may also be required for disclosure of an individual health information. In many states, authorization may be required in order for us to disclose an individual highly confidential health information, as described below. Once an individual gives authorization to release health information, we cannot guarantee that the person to whom the information is provided will not disclose the information. The individual may take back or "revoke" written authorization, except if we have already acted based on the authorization.

Highly Confidential Information

Federal and applicable state laws may require special privacy protections for highly confidential information. "Highly confidential information" may include confidential information under Federal law governing alcohol and drug abuse information as well as state laws that often protect the following types of information:

HIV/AIDS;
Mental health;
Genetic tests;
Alcohol and drug abuse;
Sexually transmitted diseases and reproductive health information; and
Child or adult abuse or neglect, including sexual assault.

What Are the Individual's Rights

The following are the rights with respect to health information.

The right to ask to restrict uses or disclosures of information for treatment, payment, or health care operations. The right to ask to restrict disclosures to family members or to others who are involved in health care or payment for health care. We may also have policies on dependent access that may authorize certain restrictions. Please note that while we will try to honor the request and will permit requests consistent with its policies, we are not required to agree to any restriction.
The right to ask to receive confidential communications of information in a different manner or at a different place (for example, by sending information to a P.O. box instead of home address).
The right to see and obtain a copy of health information that may be used to make decisions such as claims and case or medical management records. The Individual must make a written request to inspect and copy the health information. In certain limited circumstances, we may deny the request to inspect and copy the health information.
The right to ask to amend information we maintain if the individual believes the health information is wrong or incomplete. If we deny the request, the individual may have a statement of his/her disagreement added to the health information.
The right to receive an accounting of disclosures of the individual's information made by us during the six years prior to the request. This accounting will not include disclosures of information: (i) made prior to April 14, 2003; (ii) for treatment, payment, and health care operations purposes; (iii) to you or pursuant to your authorization; and (iv) to correctional institutions or law enforcement officials; and (v) other disclosures that federal law does not require us to provide an accounting
The right to a paper copy of this notice. You may ask for a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.

Exercising Your Rights

Contacting the Health Plan. If the individual has any questions about this notice or wants to exercise any rights, please call the Health Plan.
Filing a Complaint. If the individual believes theyr privacy rights have been violated, they may file a complaint with us at the following address:

OptumHealth
Compliance Department
PO Box 212
Minneapolis, MN 55440

The individual may also notify the Secretary of the U.S. Department of Health and Human Services of a complaint. We will not take any action against the individual for filing a complaint.

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