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 USA Healthcare Savings, we respect the confidentiality of your health information
and will protect your information in a responsible and professional manner. We are
required by law to maintain the privacy of your health information and to send you
this notice.
This notice explains how we use information about you and when we can share that
information with others. It also informs you of your rights with respect to your
health information and how you can exercise those rights.
When we talk about information or health information in
this notice we mean Personal Health Information including individually identifiable
health information, which relates to your past, present or future health, treatment
or payment for health care services.
How We Use or Share Information
The following are ways we may use or share information about you:
We may share your information with your doctors or hospitals to help them provide
medical care to you. For example, if you are in the hospital, we may give them access
to any medical records sent to us by your doctor.
We may share your information with others who help us conduct our business operations.
We will not share your information with these outside groups unless they agree to
keep it protected.
We may use or share your information for certain types of public health or disaster
relief efforts.
We may use or share your information to give you information about alternative medical
treatments and programs or about health related products and services that you may
be interested in.
We may use or share your information with an employee benefit plan through which
you receive health benefits. We will not share detailed health information with
your benefit plan unless they promise to keep it protected.
There are also state and federal laws that may require us to release your health
information to others. We may be required to provide information for the following
reasons:
We may report information to state and federal agencies that regulate us.
We may share information for public health activities. For example, we may report
information to the Food and Drug Administration for investigating or tracking of
prescription drug and medical device problems.
We may report information to public health agencies if we believe there is a serious
health or safety threat.
We may share information with a health oversight agency for certain oversight activities
(for example, audits, inspections, licensure and disciplinary actions.)
We may provide information to a court or administrative agency (for example, pursuant
to a court order, search warrant or subpoena.)
We may report information for law enforcement purposes. For example, we may give
information to a law enforcement official for purposes of identifying or locating
a suspect, fugitive, material witness or missing person.
We may report information to a government authority regarding child abuse, neglect
or domestic violence.
We may share information with a coroner or medical examiner to identify a deceased
person, determine a cause of death, or as authorized by law. We may also share information
to funeral director as necessary to carry out their duties.
We may use or share information for procurement, banking or transplantation of organs,
eyes, or tissue.
We may share information relative to specialized government functions, such as military
and veteran activities, national security and intelligence activities, and the protective
services for the President and others.
We may report information on job·related injuries because of requirements
of your state worker compensation laws.
If one of the above reasons does not apply, we must get your
written permission to use or disclose your health information.
If you give us written permission and change your mind you may revoke your written
permission at any time. Click
HERE to download an information release authorization
form. (PDF file).
What Are Your Rights
The following are your rights with respect to your health information . If you would
like to exercise any of the following rights, please contact our Member Services
Department by calling 1 (888) 411·3888 or by writing to us at:
USA Healthcare Savings
P.O. Box 610810
Dallas, TX 75261
You have the right to ask to receive confidential communications
of information. For example, if you believe that you would be harmed if we send
your information to your current mailing address (for example, in situations involving
domestic disputes or violence), you can ask us to send the information by alternative
means (for example, by fax) or to an alternative address. We will accommodate your
reasonable requests as explained above .
You have the right to inspect and obtain a copy of information
that we maintain about you in your designated record set. A designated record
set is the enrollment, payment, claims adjudication and case or medical management
record systems that we maintain. However, you do not have the right to access
certain types of information and we may decide not to provide you with copies of
the following information:
- psychotherapy notes;
- information that is compiled in reasonable anticipation of,
or for use in a civil criminal or administrative action or proceeding; and
- information that is subject to certain federal laws governing
biological products and clinical laboratories.
In certain other situations, we may deny your request to inspect or obtain a copy
of your information. If we deny your request, we will notify you in writing and
may provide you with a right to have the denial reviewed.
You have the right to ask us to make changes to information we
maintain about you in your designated record set. These changes are known as amendments
. We require that your request be in writing and that you provide a reason for your
request. We will respond to your request no later than 60 days after we receive
it . If we are unable to act within 60 days, we may extend that time by no more
than an additional 30 days. If we need to extend this time, we will notify you of
the delay and the date by which we will complete action on your request .
If we make the amendment, we will notify you that it was made . In addition, we
will provide the amendment to any person that we know has received your health information.
We will also provide the amendment to other persons identified by you.
If we deny your request to amend, we will notify you in writing of the reason for
the denial. The denial will explain your right to file a written statement of disagreement.
We have a right to respond to your statement. However, you have the right to request
that your written request, our written denial and your statement of disagreement
be included with your information for any future disclosures.
You have the right to receive an accounting of certain disclosures
of your information made by us during the six years prior to your request except
as noted below. Please note that we are not required to provide you with an accounting
of the following information:
- Any information collected prior to April 14, 2003
- Information disclosed or used for treatment, payment, and health
care operations purposes.
- Information disclosed to you or pursuant to your authorization;
- Information that is incidental to a use or disclosure otherwise
permitted.
- Information disclosed for a facility's directory or to persons
involved in your care or other notification purposes;
- Information disclosed for national security or intelligence
purposes;
- Information disclosed to correctional institutions, law enforcement
officials or health oversight agencies;
- Information that was disclosed or used as part of a limited
data set for research, public health, or health care operations purposes.
We require that your request for the accounting be in writing. We will act on your
request for an accounting within 60 days. We may need additional time to act on
your request. If so, we may take up to an additional 30 days. Your first accounting
will be free. We will continue to provide you with one free accounting upon request
every 12 months. If you request an additional accounting within 12 months of receiving
your free accounting, we may charge you a fee. We will inform you in advance of
the fee and provide you with an opportunity to withdraw or modify your request.
Exercising Your Rights
You have a right to receive a copy of this Notice upon request at any time
Should any of our privacy practices change, we reserve the right to change
the terms of this Notice and to make the new Notice effective for all protected
health information we maintain. Once revised, we will provide the new Notice to
you by direct mail and post it on our website.
If you have any questions about this Notice or about how we use or share information,
please contact Member Services toll·free at 1(888) 411·3888. You may
contact us during the following hours:
Monday through Friday 8:00 a.m. to 6:00 p.m. Central
How To File A Privacy Complaint
If you believe that USA Healthcare Savings has violated your privacy rights, you
may file a complaint with us by writing to:
USA Healthcare Savings
HIPAA Privacy Office
P.O. Box 610810
Dallas, TX 75261
Or you can call Customer Service at 1·888·411·3888 during the
hours listed above. You may also notify the Secretary of the U.S. Department of
Health and Human Services of your complaint by calling Voice Phone (212) 264·3313
or TDD (212) 264·2355 or writing to:
Region VI, Office for Civil Rights
U.S. Department of Health & Human Services
1301 Young Street – Suite 1169
Dallas, TX 75202
(214) 767-4056
(214) 767-8940 (TDD)
California members may contact the Department of Managed Health Care at
1-888-466-2219.
WE WILL NOT TAKE ANY ACTION AGAINST YOU FOR FILING A COMPLAINT.