Your Rights
The following is a description of your rights with respect to your protected health information.
Right to Request a Restriction. You have the right to request a restriction on the protected health information the Plan uses or discloses about you for treatment, payment or health care operations. You also have a right to request a limit on disclosures of your protected health information to family members or friends who are involved in your care or the payment for your care. You may request such a restriction using the Contact Information provided in this Notice. The Plan is required to comply with your request only if (1) the disclosure is to a health care plan for purposes of carrying out payment or health care operations, and (2) the PHI pertains solely to a health care item or service for which the health care provider involved has already been paid in full. Otherwise, the Plan is not required to agree to any restriction that you request. If the Plan agrees to the restriction, it can stop complying with the restriction upon providing notice to you. Your request must include the protected health information you wish to limit, whether you want to limit the Plan’s use, disclosure or both, and (if applicable), to whom you want the limitations to apply (for example, disclosures to your spouse). You may also request a restriction on the disclosure of any health information related to healthcare for which you paid fully.
Right to Request Confidential Communications. If you believe that a disclosure of all or part of your protected health information may endanger you, you may request that the Plan communicate with you in an alternative manner or at an alternative location. For example, you may ask that all communications be sent to your work address. You may request a confidential communication using the Contact Information provided in this Notice. Your request must specify the alternative means or location for communication with you. It also must state that the disclosure of all or part of the protected health information in a manner inconsistent with your instructions would put you in danger. The Plan will accommodate a request for confidential communications that is reasonable and that states that the disclosure of all or part of your protected health information could endanger you.
Right to Request Access. You have the right to inspect and copy protected health information that may be used to make decisions about your benefits. You must submit your request in writing. For your convenience, you may request a form using the Contact Information provided in this Notice. To the extent that the Plan uses or maintains an electronic health record, you have a right to obtain a copy of your PHI from the Plan in an electronic format. In addition, you may direct the Plan to transmit a copy of your PHI in such electronic format directly to an entity or person designated by the individual.
Note that under federal law, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; and protected health information, the access to which is prohibited by law. Depending on the circumstances, a decision to deny access may be eligible for review. In some, but not all, circumstances, you may have a right to have this decision reviewed.
Right to Request an Amendment. You have the right to request an amendment of your protected health information held by the Plan if you believe that information is incorrect or incomplete. If you request an amendment of your protected health information, your request must be submitted in writing using the Contact Information provided in this Notice and must set forth a reason(s) in support of the proposed amendment.
In certain cases, the Plan may deny your request for an amendment. For example, the Plan may deny your request if the information you want to amend is accurate and complete or was not created by the Plan. If the Plan denies your request, you have the right to file a statement of disagreement. Your statement of disagreement will be linked with the disputed information and all future disclosures of the disputed information will include your statement.
Right to Request an Accounting. You have the right to request an accounting of certain disclosures the Plan has made of your protected health information. You may request an accounting using the Contact Information provided in this Notice. You can request an accounting of disclosures made up to six years prior to the date of your request, except that the Plan is not required to account for disclosures made either: (1) prior to April 14, 2003; (2) to carry out treatment, payment or health care operations activities occurring prior to January 1, 2014, or which do not include your electronic health record disclosures occurring after January 1, 2014, of your electronic health record will be required to be included in the accounting for three years after the disclosure; (3) to you about your own protected health information; (4) pursuant to a valid authorization; (5) incident to a use or disclosure that is otherwise permitted or required under the Privacy Regulations; or (6) that is disclosed as part of a limited data set as defined in the Privacy Regulations.
Right to Request a Paper Copy of This Notice. You have the right to a paper copy of this Notice, even if you have agreed to accept this Notice electronically. To obtain such a copy, please contact the Plan’s Complaint Officer, Vice President/Legal, using the Contact Information provided in this Notice
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Complaints
If you believe the Plan has violated your privacy rights, you may complain to the Plan or to the Secretary of the U.S. Department of Health and Human Services. You may file a complaint with the Plan using the Contact Information provided in this Notice. The Plan will not penalize you for filing a complaint.