The privacy and security of your personal information is important to us. This notice describes how medical and other private information about you may be used and how you can access this information. Please review it carefully. If you have any questions or requests, please contact our Customer Care Department, whose contact information is listed at the end of this notice.
The H.C. Murray Group is a member of the financial services industry; as a result, our agencies are and continue to be subject to federal and state privacy laws regarding the collection and exchange of your information. In conducting our business, we will create records regarding you and the services we provide you. This Privacy Notice Statement sets forth the information we are required to provide you prior to collecting any personally identifiable information (PII).
PII refers to information used to distinguish or trace and individual’s identity. Examples of PII include, but are not limited to: name, date of birth, Social Security Number, mother’s maiden name, physical address, e-mail address, protected health information such as your past or present physical or mental health or condition, and income information.
We will abide by the terms of our Privacy Notice Statement currently in effect. It may be necessary to change the terms of this notice in the future. We reserve the right to make changes and to make the new notice effective for all PII we maintain about you, including PII we created or maintained in the past.
This notice is effective October 28, 2014.
Both federal and state laws and regulations permit us to collect PII in order to assist you in seeking health care coverage and other types of insurance coverage. Federal laws and regulations include Section 1411(g) of the Patient Protection and Affordable Care Act (42 U.S.C. § 18081(g) and 45 CFR 155.260). State law includes Ohio Revised Code (ORC) § 3798.
Purposes for Collecting PII
We are permitted and may need or be required to collect, maintain, disclose, access, store and use PII in order to (1) provide you with information about the full range of insurance programs and coverages for which you are eligible, (2) assist you with an application for health insurance through the Federally Facilitated Exchange (FFE) and with applications for other types of coverage, (3) help facilitate your enrollment in an insurance program, and (4) perform other functions authorized under 45 CFR 15.225 and ORC § 3798, including functions substantially similar to those listed above, and other functions that may be approved by the Centers for Medicare and Medicaid Services (CMS), the Ohio Department of Insurance, and the Ohio Department of Job and Family Services.
To Whom PII May be Disclosed and Purposes
We do not share our customers’ or former customers’ PII with non-affiliated third parties other than as permitted or required by law.
Staff members of Harding & Jacob who are certified in accordance with state and federal laws to provide you with assistance in seeking insurance coverage are permitted and may need or be required to disclose PII to individuals and entities who are qualified and designated to (1) provide you with enrollment assistance in various insurance programs and plans, and (2) determine your eligibility for insurance coverages and discounts.
We are also permitted and may be required to disclose PII on a “need to know” basis to those within our organization who provide assistance and, if applicable, entities or individuals with whom we contract for the purpose of carrying out one or more requirements under federal and state laws.
To serve you, we may share information about our experiences and transactions with you within our family of companies. Such information may include your PII, payment or claims history, and the types of coverages you have in place. Your PII will only be disclosed on a “need to know” basis.
The following companies comprise the H.C. Murray Group of companies:
- H.C. Murray Corporation
- Harding & Jacob Insurance Agency
Authorized Uses and Disclosures
The following section pertains specifically to authorized uses and disclosures of your Protected Health Information (“PHI”). PHI is information that may identify you and that relates to (a) your past, present, or future physical or mental health or condition or (b) the past, present or future payment of your health care. We will use and disclose your PHI as required or permitted by law as follows.
- Required Disclosures. Use and disclosure of your PHI may be required by the Secretary of the Department of Health and Human Services to investigate and/or determine our agency’s compliance with HIPAA’s privacy regulations.
- Uses and Disclosures Related to Payment and Health Care Operations. We may use or disclose PHI for activities related to payment and health care operations. Examples of activities related to payment include payment of health care claims or collection of premiums. Examples of activities related to health care operations include quality assessment and improvement, underwriting, audit services, legal services, data aggregation, business planning and development, administrative activities related to compliance, customer services, fraud and abuse prevention and detection, and complaint resolution.
- Other Uses and Disclosures of your PHI. In addition to the uses and disclosures described above, we may use or disclose PHI for the following purposes: for public health activities (e.g., to alert public health authorities of public health risks to prevent or control disease, injury or disability; to handle situations where a child is abused or neglected; to notify a person who has been exposed to a communicable disease or may be at risk of spreading or contracting a disease or condition; or to provide information to an employer when the employer is allowed to have the information for work-related reasons); for health oversight activities (e.g., to assist in investigations related to insurance fraud); for judicial and administrative proceedings; for certain law enforcement purposes (e.g., to report a crime or identify a suspect); for protection against serious harm (e.g., abuse, neglect or domestic violence); for workers’ compensation purposes when required by workers’ compensation laws; to facilitate organ donations and transplants; to prevent or lessen a serious or imminent threat to health or safety or when required to do so by law.
- Use and Disclosures to Family Members or Personal Representatives. We may disclose PHI to a family member, guardian, executor, administrator or other person you have identified and/or authorized by law to act on your behalf with respect to health care. We will take appropriate steps to verify the identity of such family member or personal representative when disclosing PHI to him or her.
- Use and Disclosures to Plan Sponsor. We may disclose PHI to an employer-sponsor of a group health plan, provided that any such plan sponsor certifies: (a) that the information provided will be maintained in a confidential manner and shall not be used for employment-related decisions, for employee benefit determinations, or in any other manner not permitted by law; and (b) that the plan documents contain provisions concerning restrictions on how the plan sponsor may use or further disclose PHI.
- Use and Disclosure to Contact You Regarding Health-Related Benefits and Services. We may contact you regarding health-related benefits and services that may be of interest to you.
- Use and Disclosures to Business Associates. We may disclose PHI to our business associates. When we disclose PHI to a business associate, we will require the business associate to protect the privacy of your PHI through a written agreement.
- Uses and Disclosures that require Written Authorization. We will not disclose your PHI for marketing purposes. Your prior written authorization will be required for all other uses and disclosures not described in this Notice of Privacy Practices, unless otherwise permitted or required by law. You may revoke such authorization at any time; however revocation will not affect any uses or disclosures made with our permission before it was revoked.
- Other Applicable Law. In the event applicable law other than HIPAA prohibits or materially limits our uses and disclosures of PHI, we will restrict our uses and disclosures of PHI in accordance with the narrower standard.
Voluntary Requests to Collect PII
Your decision to provide PII is voluntary. Prior to creating, collecting, disclosing, accessing, maintaining, storing or using any PII, we must obtain your written authorization to do so. You or your legal or authorized personal representative may revoke your authorization at any time.
Privacy laws, rules and regulations provide individuals with various options called “individual privacy rights”. Individual privacy rights may be invoked by the individual or his or her authorized personal representative. The following is a description of your individual privacy rights and how you may exercise them.
- Privacy Notice. The requirement that covered entities provide a Notice of Privacy Practices, which describes the permitted and required uses and disclosures of protected information, provides an explanation of individual privacy rights, and outlines how to file a privacy complaint. You have the right to request and receive our Notice of Privacy Practices.
- Access. The right to request access to PII to review and/or obtain a photocopy of your information. Upon receipt of a written request, a response must be provided within thirty (30) days of receipt unless an extension is needed.
- Accounting. The right to request a list of disclosures of your PHI made for purposes other than treatment, payment, health plan operations, and other activities within the past six (6) years.
- Restriction. The right to request a limit or restriction on the use and disclosure of your PII. We are not required to agree to the restriction if it is determined that such restriction may interfere with treatment, payment or operations.
- Restriction Termination. The right to request or agree to the removal of a previously requested restriction.
- Alternate Communications. The right to request that health information is sent to a different address or by a different communication method due to potential abuse.
- Amendment. The right to request a correction of your protected health information created and maintained by a covered entity that is inaccurate and/or incomplete. A response must be given to this request within sixty (60) days of receipt unless an extension is needed.
- File a Complaint. The right to file a privacy complaint to the covered entity or the Secretary of the Department of Health and Human Services to express any concerns of dissatisfaction regarding privacy issues.
Effects of Non-Disclosure
If you choose not to share your PII, it may result in adverse consequences including but not limited to: 1) inability to enroll in a health insurance plan or other types of insurance plans, 2) inaccuracy of proposals, 3) refusal of application, 4) policy cancellation, 5) loss of coverage, or 6) policy rescission.
Filing a Complaint
If you believe your privacy rights have been violated, you may file a complaint in writing with our Customer Care Department electronically or via postal mail at the address provided below. You may also file a complaint with the Secretary of the Department of Health and Human Services.
Harding & Jacob Insurance Agency, Inc.
Attn: Privacy Officer
6450 Rockside Woods Blvd. S. #140
Independence, OH 44131
If you have any questions or need further assistance regarding this notice, please call our Customer Care Department at (800) 394-7261. Your decision to provide PII is voluntary. Prior to creating, collecting, disclosing, accessing, maintaining, storing or using any PII, we must obtain your written authorization to do so. You or your legal or authorized personal representative may revoke your authorization at any time.