| Notice Of Privacy Practices
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.
This Notice of Privacy Practices ("Notice") applies to Protected Health
Information (defined below) associated with insurance coverages (defined
below) provided to you. This Notice describes how Ashmore & Associates
Insurance Agency, LLC, may use and disclose Protected Health Information
to carry out payment and insurance operations, and for other purposes
that are permitted or required by law.
We are required by the privacy regulations issued under the Health
Insurance Portability and Accountability Act of 1996 ("HIPAA") to
maintain the privacy of Protected Health Information and to provide
individuals covered under our group health plan with notice of our legal
duties and privacy practices concerning Protected Health Information.
We are required to abide by the terms of this Notice so long as it
remains in effect. We reserve the right to change the terms of this
Notice of Privacy Practices as necessary and to make the new Notice
effective for all Protected Health Information maintained by us. If we
make material changes to our privacy practices, copies of revised
notices will be mailed to all policyholders then covered by the Group
Health Plan. Copies of our current Notice may be obtained by contacting
Ashmore & Associates Insurance Agency, LLC, at the telephone number or
address below.
DEFINITIONS
Group Health Plan means, for purposes of this Notice, the following
employee benefit programs which might include major medical coverage,
dental coverage, vision coverage, long-term care coverage and any other
coverages that are provided that meet the definition of a health plan.
Individual and Commercial Coverage means individual or business policies
covering belongings, or life or disability benefits.
Protected Health Information ("PHI") means individually identifiable
health information, as defined by HIPAA, that is created or received by
us and that relates to the past, present, or future physical or mental
health or condition of an individual; the provision of health care to an
individual; or the past, present, or future payment for the provision of
health care to an individual; and that identifies the individual or for
which there is a reasonable basis to believe the information can be used
to identify the individual. PHI includes information of persons living
or deceased.
USES AND DISCLOSURES OF YOUR PROTECTED HEALTH INFORMATION
The following categories describe different ways that we use and
disclose PHI. For each category of uses and disclosures we will explain
what we mean and, where appropriate, provide examples for illustrative
purposes. Not every use or disclosure in a category will be listed.
However, all of the ways we are permitted or required to use and
disclose PHI will fall within one of the categories.
Your Authorization - Except as outlined below, we will not use or
disclose your PHI unless you have signed a form authorizing the use or
disclosure. You have the right to revoke that authorization in writing
except to the extent that we have taken action in reliance upon the
authorization or that the authorization was obtained as a condition of
obtaining coverage under the group health plan, and we have the right,
under other law, to contest a claim under the coverage or the coverage
itself.
Uses and Disclosures for Payment - We may make requests, uses, and
disclosures of your PHI as necessary for payment purposes. For example,
we may use information regarding your medical procedures and treatment
to process and pay claims. We may also disclose your PHI for the payment
purposes of a health care provider or a health plan.
Uses and Disclosures for Health Care Operations - We may use and
disclose your PHI as necessary for our health care operations. Examples
of health care operations include activities relating to the creation,
renewal, or replacement of your Group Health Plan coverage, reinsurance,
compliance, auditing, rating, business management, quality improvement
and assurance, and other functions related to your Group Health Plan.
Family and Friends Involved in Your Care - If you are available and do
not object, we may disclose your PHI to your family, friends, and others
who are involved in your care or payment of a claim. If you are
unavailable or incapacitated and we determine that a limited disclosure
is in your best interest, we may share limited PHI with such
individuals. For example, we may use our professional judgment to
disclose PHI to your spouse concerning the processing of a claim.
Business Associates - At times we use outside persons or organizations
to help us provide you with the benefits of your Group Health Plan.
Examples of these outside persons and organizations might include
vendors that help us process your claims. At times it may be necessary
for us to provide certain of your PHI to one or more of these outside
persons or organizations.
Other Products and Services - We may contact you to provide information
about other health-related products and services that may be of interest
to you. For example, we may use and disclose your PHI for the purpose
of communicating to you about our health insurance products that could
enhance or substitute for existing Group Health Plan coverage, and about
health -related products and services that may add value to your
benefits.
* We may use or disclose your PHI for any purpose required by
law. For example, we may be required by law to use or disclose your PHI
to respond to a court order. * We may disclose your PHI for public health activities, such
as reporting of disease, injury, birth and death, and for public health
investigations.
* We may disclose your PHI to the proper authorities if we
suspect child abuse or neglect; we may also disclose your PHI if we
believe you to be a victim of abuse, neglect, or domestic violence.
* We may disclose your PHI if authorized by law to a government
oversight agency (e.g., a state insurance department) conducting audits,
investigations, or civil or criminal proceedings. * We may disclose your PHI in the course of a judicial or
administrative proceeding (e.g., to respond to a subpoena or discovery
request).
* We may disclose your PHI to the proper authorities for law
enforcement purposes.
* We may disclose your PHI to coroners, medical examiners,
and/or funeral directors consistent with law.
* We may use or disclose your PHI for cadaver organ, eye or
tissue donation.
* We may use or disclose your PHI for research purposes, but
only as permitted by law.
* We may use or disclose PHI to avert a serious threat to
health or safety.
* We may use or disclose your PHI if you are a member of the
military as required by armed forces services, and we may also disclose
your PHI for other specialized government functions such as national
security or intelligence activities.
* We may disclose your PHI to workers' compensation agencies
for your workers' compensation benefit determination.
* We will, if required by law, release your PHI to the
Secretary of the Department of Health and Human Services for enforcement
of HIPAA.
In the event applicable law, other than HIPAA, prohibits or materially
limits our uses and disclosures of Protected Health Information, as
described above, we will restrict our uses or disclosure of your
Protected Health Information in accordance with the more stringent
standard.
RIGHTS THAT YOU HAVE
Access to Your PHI - You have the right of access to copy and/or inspect
your PHI that we maintain in designated record sets. Certain requests
for access to your PHI must be in writing, must state that you want
access to your PHI and must be signed by you or your representative
(e.g., requests for medical records provided to us directly from your
health care provider). Access request forms are available from [Insert
company name] at the address below. We may charge you a fee for copying
and postage.
Amendments to Your PHI - You have the right to request that PHI that we
maintain about you be amended or corrected. We are not obligated to
make all requested amendments but will give each request careful
consideration. To be considered, your amendment request must be in
writing, must be signed by you or your representative, and must state
the reasons for the amendment/correction request. Amendment request
forms are available from us at the address below.
Accounting for Disclosures of Your PHI - You have the right to receive
an accounting of certain disclosures made by us of your PHI. Examples
of disclosures that we are required to account for include those to
state insurance departments, pursuant to valid legal process, or for law
enforcement purposes. To be considered, your accounting requests must
be in writing and signed by you or your representative. Accounting
request forms are available from us at the address below. The first
accounting in any 12-month period is free; however, we may charge you a
fee for each subsequent accounting you request within the same 12-month
period.
Restrictions on Use and Disclosure of Your PHI - You have the right to
request restrictions on certain of our uses and disclosures of your PHI
for insurance payment or health care operations, disclosures made to
persons involved in your care, and disclosures for disaster relief
purposes. For example, you may request that we not disclose your PHI to
your spouse. Your request must describe in detail the restriction you
are requesting. We are not required to agree to your request but will
attempt to accommodate reasonable requests when appropriate. We retain
the right to terminate an agreed-to restriction if we believe such
termination is appropriate. In the event of a termination by us, we will
notify you of such termination. You also have the right to terminate,
in writing or orally, any agreed-to restriction. You may make a request
for a restriction (or termination of an existing restriction) by
contacting us at the telephone number or address below.
Request for Confidential Communications - You have the right to request
that communications regarding your PHI be made by alternative means or
at alternative locations. For example, you may request that messages not
be left on voice mail or sent to a particular address. We are required
to accommodate reasonable requests if you inform us that disclosure of
all or part of your information could place you in danger. Requests for
confidential communications must be in writing, signed by you or your
representative, and sent to us at the address below.
Right to a Copy of the Notice - You have the right to a paper copy of
this Notice upon request by contacting us at the telephone number or
address below.
Complaints - If you believe your privacy rights have been violated, you
can file a complaint with us in writing at the address below. You may
also file a complaint in writing with the Secretary of the U.S.
Department of Health and Human Services in Washington, D.C., within 180
days of a violation of your rights. There will be no retaliation for
filing a complaint.
FOR FURTHER INFORMATION
If you have questions or need further assistance regarding this Notice,
you may contact Ashmore & Associates Insurance Agency, LLC, Privacy
Office by writing to:
Ashmore & Associates Insurance Agency, LLC, 7606
University, Suite B,
Lubbock, Texas 79423,
or
by calling 806-745-8358.
EFFECTIVE DATE
This Notice is effective April 14, 2003.
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