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Macalester College 1600 Grand Avenue Saint
Paul, MN 55105 651-696-6000
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| 14.1 The Macalester College Health Plan
NOTICE OF PRIVACY PRACTICES (Effective April 14, 2004) | | 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. If
you have any questions about this notice, please contact the Privacy Officer:
Chuck Standfuss Macalester College 1600 Grand Avenue Saint Paul,
MN 55105 Phone: 651-696-6268 Fax: 651-696-6612 Email: standfuss@macalester.edu |
14.1.1 Who Will Follow This Notice
| | This
notice describes the medical information practices of the The Macalester College
Health Plan ("Health Plan") and that of any third party that assists
in the administration of Health Plan claims. For purposes of HIPAA and this
notice, the Health Plan includes the following: " Health insurance
plan for the group " Dental insurance plan for the group " Health
care expense reimbursement program |
14.1.2 Our Pledge Regarding Medical Information
| | We
understand that medical information about you and your health is personal. We
are committed to protecting medical information about you. This notice applies
to all of the medical records maintained by the Health Plan. Your personal doctor
or health care provider may have different policies or notices regarding the doctor's
use and disclosure of your medical information created in the doctor's office
or clinic. This notice tells you about the ways in which we may use and disclose
medical information about you. It also describes our obligations and your rights
regarding the use and disclosure of medical information. We are required by
law to: " make sure that medical information that identifies you is kept
private; " give you this notice of our legal duties and privacy practices
with respect to medical information about you; and " follow the terms
of the notice that are currently in effect. |
14.1.3 How We May Use and Disclose Medical Information About You
| | The
following categories describe different ways that we use and disclose medical
information. For each category of uses or disclosures, we will explain what we
mean and present some examples. These examples are not exhaustive. Not every use
or disclosure in a category will be listed. However, all of the ways we are permitted
to use and disclose information will fall within one of the categories. Please
note: In most instances, how information is used and disclosed has not changed.
The descriptions reflect how the Health Plan has traditionally operated. |
| | 14.1.3.1 For Treatment (as described
in applicable regulations). We may use or disclose medical information about you
to facilitate medical treatment or services by providers. We may disclose medical
information about you to providers, including doctors, nurses, technicians, medical
students, or other hospital personnel who are involved in taking care of you.
14.1.3.2
For Payment (as described in applicable regulations). We may use and disclose
medical information about you to determine eligibility for benefits, to facilitate
payment for the treatment and services you receive from health care providers,
to determine benefit responsibility under the Health Plan, or to coordinate Health
Plan coverage. For example, we may tell your health care provider about your medical
history to determine whether a particular treatment is experimental, investigational,
or medically necessary or to determine whether the Health Plan covers the treatment.
We may also share medical information with a utilization review or pre-certification
service provider. Likewise, we may share medical information with another entity
to assist with the adjudication (legal actions) or subrogation (third party reimbursements)
of health claims or to another health plan to coordinate benefit payments.
14.1.3.3
For Health Care Operations (as described in applicable regulations). We may use
and disclose medical information about you for other Health Plan operations. These
uses and disclosures are necessary to run the Health Plan. For example, we may
use medical information in connection with: conducting quality assessment and
improvement activities; underwriting, premium rating, and other activities relating
to Health Plan coverage; submitting claims for stop-loss (or excess loss) coverage;
conducting or arranging for medical review, legal services, audit services, and
fraud and abuse detection programs; business planning and development such as
cost management; and business management and general Health Plan administrative
activities.
14.1.3.4 As Required By Law. We will disclose medical information
about you when required to do so by federal, state or local law. For example,
we may disclose medical information when required by a court order or subpoena.
14.1.3.5 To Avert a Serious Threat to Health or Safety. The Health Plan may
use and disclose medical information about you when necessary to prevent a serious
threat to your health and safety or the health and safety of the public or another
person. However disclosure would be limited to someone able to help prevent the
threat. |
14.1.4 Special Situations
| | 14.1.4.1
Disclosure to Health Plan Sponsor. Information may be disclosed to another health
plan for purposes of facilitating claims payments under that plan. In addition,
medical information may be disclosed to Macalester College personnel solely for
administering benefits under the Health Plan.
14.1.4.2 Organ and Tissue Donation.
If you are an organ donor, we may release medical information to organizations
that handle organ procurement or organ, eye or tissue transplantation or to an
organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.
14.1.4.3 Military and Veterans. If you are a member of the armed forces,
we may release medical information about you as required by military command authorities.
We may also release medical information about foreign military personnel to the
appropriate foreign military authority.
14.1.4.4 Workers' Compensation. We
may release medical information about you for workers' compensation or similar
programs. These programs provide benefits for work-related injuries or illness.
14.1.4.5 Public Health Risks. We may disclose medical information about you
for public health activities. These activities generally include the following:
" to prevent or control disease, injury or disability; "
to report births and deaths; " to report reactions to medications or
problems with products; " to notify people of recalls of products they
may be using; " to notify a person who may have been exposed to a disease
or may be at risk for contracting or spreading a disease or condition; "
to notify the appropriate government authority if we believe an individual has
been the victim of abuse, neglect or domestic violence. We will only make this
disclosure if you agree or when required or authorized by law.
14.1.4.6 Health
Oversight Activities. We may disclose medical information to a health oversight
agency for activities authorized by law. These oversight activities include, for
example, audits, investigations, inspections, and licensure. These activities
are necessary for the government to monitor the health care system, government
programs, and compliance with civil rights laws.
14.1.4.7 Lawsuits and Disputes.
If you are involved in a lawsuit or a dispute, we may disclose medical information
about you in response to a court or administrative order. We may also disclose
medical information about you in response to a subpoena, discovery request, or
other lawful process by someone else involved in the dispute, but only if efforts
have been made to tell you about the request or to obtain an order protecting
the information requested.
14.1.4.8 Law Enforcement. We may release medical
information if asked to do so by a law enforcement official:
" in response
to a court order, subpoena, warrant, summons or similar process; " to
identify or locate a suspect, fugitive, material witness, or missing person; "
about the victim of a crime if, under certain limited circumstances, we are unable
to obtain the person's agreement; " about a death we believe may be the
result of criminal conduct; and " in emergency circumstances to report
a crime; the location of the crime or victims; or the identity, description or
location of the person who committed the crime.
14.1.4.9 Coroners, Medical
Examiners and Funeral Directors. We may release medical information to a coroner
or medical examiner. This may be necessary, for example, to identify a deceased
person or determine the cause of death. We may also release medical information
about patients of the hospital to funeral directors as necessary to carry out
their duties.
14.1.4.10 National Security and Intelligence Activities. We
may release medical information about you to authorized federal officials for
intelligence, counterintelligence, and other national security activities authorized
by law.
14.1.4.11 Inmates. If you are an inmate of a correctional institution
or under the custody of a law enforcement official, we may release medical information
about you to the correctional institution or law enforcement official. This release
would be necessary (1) for the institution to provide you with health care; (2)
to protect your health and safety or the health and safety of others; or (3) for
the safety and security of the correctional institution. |
14.1.5Your Rights Regarding Medical Information About You
| | You have the following rights regarding
medical information we maintain about you: |
| | 14.1.5.1
Right to Inspect and Copy. You have the right to inspect and copy medical information
that may be used to make decisions about your Health Plan benefits. To inspect
and copy the medical information that may be used to make decisions about you,
you must submit your request in writing to the Privacy Officer. If you request
a copy of the information, we may charge a fee for the costs of copying, mailing
or other supplies associated with your request.
We may deny your request
to inspect and copy in certain very limited circumstances. If you are denied access
to medical information, you may request that the denial be reviewed.
14.1.5.2
Right to Amend. If you feel that medical information we have about you is incorrect
or incomplete, you may ask us to amend the information. You have the right to
request an amendment for as long as the information is kept by or for the Health
Plan.
To request an amendment, your request must be made in writing and
submitted to the Privacy Officer. In addition, you must provide a reason that
supports your request. We may deny your request for an amendment if it
is not in writing or does not include a reason to support the request. In addition,
we may deny your request if you ask us to amend information that: "
is not part of the medical information kept by or for the Health Plan; "
was not created by us, unless the person or entity that created the information
is no longer available to make the amendment; " is not part of the information
which you would be permitted to inspect and copy; or is accurate and complete.
14.1.5.3 Right to an Accounting of Disclosures. You have the right to request
an "accounting of disclosures" where such disclosure was made for any
purpose other than treatment, payment, or health care operations.
To request
this list of accounting of disclosures, you must submit your request in writing
to Privacy Officer. Your request must state a time period which may not be longer
than six years and may not include dates before April 14, 2004. Your request should
indicate in what form you want the list (for example, paper or electronic). The
first list you request within a 12 month period will be free. For additional lists,
we may charge you for the costs of providing the list. We will notify you of the
cost involved and you may choose to withdraw or modify your request at that time
before any costs are incurred.
14.1.5.4 Right to Request Restrictions. You
have the right to request a restriction or limitation on the medical information
we use or disclose about you for treatment, payment or health care operations.
You also have the right to request a limit on the medical information we disclose
about you to someone who is involved in your care or the payment for your care,
like a family member or friend. For example, you could ask that we not use or
disclose information about a surgery. We are not required to agree to your request.
To request restrictions, you must make your request in writing to the Privacy
Officer. In your request, you must tell us (1) what information you want to limit;
(2) whether you want to limit our use, disclosure or both; and (3) to whom you
want the limits to apply, for example, disclosures to your spouse.
14.1.5.5
Right to Request Confidential Communications. You have the right to request that
we communicate with you about medical matters in a certain way or at a certain
location. For example, you can ask that we only contact you at work or by mail.
To request confidential communications, you must make your request in writing
to the Privacy Officer. We will not ask you the reason for your request. We will
accommodate all reasonable requests. Your request must specify how or where you
wish to be contacted.
14.1.5.6 Right to a Paper Copy of This Notice. You have
the right to a paper copy of this notice. You may ask us to give you 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. |
To
obtain a paper copy of this notice, contact the Privacy Officer.
14.1.6 Changes to This Notice
| | We
reserve the right to change this notice. We reserve the right to make the revised
or changed notice effective for medical information we already have about you
as well as any information we receive in the future. We will post a copy of the
current notice on the Health Plan website. The notice will contain on the first
page, in the top right hand corner, the effective date. |
14.1.7 Complaints
| | If
you believe your privacy rights have been violated, you may file a complaint with
the Health Plan or with the Secretary of the Department of Health and Human Services.
To file a complaint with the Health Plan, contact the Privacy Officer. All complaints
must be submitted in writing. To file a complaint with the Department of
Health and Human Services, contact: Office for Civil Rights U.S. Department
of Health & Human Services 233 N. Michigan Ave. - Suite 240 Chicago,
IL 60601 (312) 886-2359; (312) 353-5693 (TDD) (312) 886-1807 FAX You
will not be penalized for filing a complaint. |
14.1.8 Other Uses of Medical Information
| | Other uses and disclosures of medical
information not covered by this notice or the other applicable laws will be made
only with your written permission. If you provide us permission to use or disclose
medical information about you, you may revoke that permission, in writing, at
any time. If you revoke your permission, we will no longer use or disclose medical
information about you for the reasons covered by your written authorization. You
understand that we are unable to take back any disclosures we have already made
with your permission, and that we are required to retain our records of the care
that we provided to you. |
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