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.
Effective April 14, 2003
At Superior HealthPlan, your privacy is important to us. We will do all we can to protect your health records. By law, we must protect your health records and send you this notice.
This notice tells you how we use your health records. It describes when we can share your records with others. It explains your rights about the use of your health records. It also tells you how to use those rights and who can see your health records. This notice does not apply to information that does not identify you. When we talk about your health records in this notice, it includes any information about your past, present or future physical or mental health while you are a member of Superior HealthPlan. This includes providing health care to you. It also includes payment for your health care while you are our member.
Please note: You will also receive a Privacy Notice from the State of Texas outlining their rules for your health records. Other health plans and health care providers may have other rules when using or sharing your health records. We ask that you get a copy of their Privacy Notice and read it carefully.
HOW WE USE OR SHARE YOUR HEALTH RECORDS
Here are ways we may use or share your health records:
- To help pay your medical bills given to us by health care providers.
- To help your health care providers give you the proper care. For example, if you are in the hospital, we may give them your records sent to us by your doctor.
- To help manage your health care. For example, we might talk to your doctor to suggest a disease or wellness program that could help improve your health.
- To help resolve any appeals or grievances filed by you or a health care provider with Superior HealthPlan or the State of Texas.
- To assist others who help us do business. We will not share your records with these outside groups unless they agree to protect your records.
- For public health or disaster relief efforts.
- To remind you if you have a doctor’s visit coming up.
- To give you information about other health care treatments and programs, such as information on how to stop smoking or lose weight.
State and federal laws may call for us to give your health records to others for the following reasons:
- To state and federal agencies that control us, such as the Texas Department of Insurance, or the Texas Health and Human Services Commission.
- For public health actions. For example, the Food and Drug Administration may need to check or track medicines and medical device problems.
- To public health groups if we believe there is a serious public health or safety threat.
- To a health agency for certain activities, such as audits, inspections, licensure and disciplinary actions.
- To a court or administrative agency.
- To law enforcement. For example, we may give your records to a law enforcement officer to identify or locate a suspect, fugitive, material witness or missing person.
- To a government person about child abuse, neglect or violence in your home.
- To a coroner or medical examiner to identify a dead person or help find a cause of death or to a funeral director to help them carry out their duties.
- For procurement, banking or transplantation of organs.
- For special government roles, such as military and veteran activities, national security and intelligence activities, and to help protect the President and others.
- Regarding job-related injuries due to your state’s workers compensation laws.
If one of the above reasons does not apply, we must get your written approval to use or share your health records with others. If you change your mind, you may stop your written approval at any time.
WHAT ARE YOUR RIGHTS?
The following are your rights about your health records. If you would like to use any of the following rights, please contact us. We can be reached at (800) 783-5386.
- You have the right to ask us to give your records only to certain people or groups and to say for what reasons. You also have the right to ask us to stop your records from being given to family members or others who are involved in your health care. Please note that while we will try to honor your wishes, the law does not make us do so.
- You have the right to ask to get confidential communications of your health records. For example, if you believe that you would be harmed if we send your records to your current mailing address, you can ask us to send your health records by other means. Other means might be fax or an alternate address.
- You have the right to view and obtain a copy of the records we keep about you in your designated record set. This consists of anything we use to make decisions about you. It includes enrollment, payment, claims processing and medical management records.
You do not have the right to get certain types of health records. We may decide not to give you the following:
- Information contained in psychotherapy notes.
- Information collected in reasonable anticipation of, or for use in a civil, criminal or administrative action or proceeding.
- Information subject to certain federal laws about biological products and clinical laboratories.
In certain situations, we may not let you obtain a copy of your health records. You will be informed in writing. You may have the right to have our action reviewed.
- You have the right to ask us to make changes to wrong or incomplete health records we keep about you. These changes are known as amendments. We need you to ask for the change in writing. You need to give a reason for your changes. We will get back to you in writing no later than 60 days after we receive your letter. If we need additional time, we may take up to another 30 days. We will inform you of any delays and the date when we will get back to you.
If we make your changes, we will let you know they were made. We will also give your changes to others who we know have your health records and to other persons you name. If we choose not to make your changes, we will let you know why in writing. You will have a right to submit a letter disagreeing with us. We have a right to answer your letter. You then have the right to ask that your original request for changes, our denial and your second letter disagreeing with us be put with your health records for future disclosures.
You have the right to receive a list of certain times we have given your health records to others during the past six years. By law, we do not have to give you a list of the following:
- Any health records released prior to April 14, 2003.
- Health records given or used for treatment, payment and health care operations purposes.
- Health records given to you or others with your written approval.
- Information that is incidental to a use or disclosure otherwise permitted.
- Health records given to persons involved in your care or for other notification purposes.
- Health records used for national security or intelligence purposes.
- Health records given to correctional institutions, law enforcement officials or health oversight agencies. We will tell you the fee in advance and give you a chance to take back your request.
- Health records given or used as part of a limited data set for research, public health or health care operations purposes.
Your request must be in writing. We will act on your request within 60 days. If we need more time, we may take up to another 30 days. Your first list will be free. We will give you one free list every 12 months. If you ask for another list within 12 months, we may charge you a fee. We will tell you the fee in advance and give you a chance to take back your request.
USING YOUR RIGHTS
- You have a right to get a copy of this notice at any time. You can also view a copy of the notice on our web site: www.superiorhealthplan.com. We reserve the right to change the terms of this notice. Any changes in our privacy practices will apply to all the health records that we keep. If we make changes, we will send a new notice to you and post it on our web site.
- If you have any questions about this notice or how we use or share your health records, please call. We can be reached at (800) 783-5386. That office is open Monday through Friday from 8 a.m. to 5 p.m.
If you believe your privacy rights have been violated, you may file a complaint in writing to:
5900 E. Ben White Blvd.
Austin, TX 78741
You may also contact the Secretary of the United States Department of Health and Human Services:
Medical Privacy, Complaint Division
Office for Civil Rights
United States Department of Health and Human Services
200 Independence Avenue, SW – Room 506F
Washington DC, 20201
Hotline Number: (800) 368-1019
WE WILL NOT TAKE ANY ACTION AGAINST YOU FOR FILING A COMPLAINT.