Effective date: January 1, 2020.
Last Updated: January 1, 2020
Please note that individuals in different regions may be subject to different data protection standards; this document has a section dedicated to Californian consumers and their privacy rights.
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What information do we collect from individuals and how is it used?
The following describes the types of personal and other information the Company may collect about you, and how the Company may use and maintain that information, including, but not limited to:
- Eligibility and claims. If you are eligible for Company services through your employer or labor union (together, your “employer”), your employer may provide to us data required to verify your eligibility, to allow us to communicate with you, and to understand your health. This information may include your name, email address, phone number, medical history and claims, and information used to verify your identity (such as birthday, partial social security number, and/or employee ID number).
- Forms. To fully utilize the services we offer, you may be required to fill out forms that will contain personal information such as your name, address, telephone number, social security number, account information, employment, health status and other personal information relevant to your health insurance coverage, diagnosis and treatment.
- Medical Records. In order for the clinical professionals helping to support you in making decisions regarding your health, you may be required to provide us with past and current medical records, description of symptoms, a medical history and life-style descriptions.
- Correspondence. If you correspond with us via email, we may gather in a file specific to you the information that you submit. We may keep this information indefinitely.
- URL and IP addresses. Like many other websites, Company collects information about users’ utilization and navigation of our Site. This information helps us to design our Site to better suit our users’ needs. For example, our Site will track the URL that you visited before you came to our Site, the URL to which you next go and your Internet Protocol (IP) address. We use your IP address to help diagnose problems with our server and to administer our Site. Your IP address also is used to help identify you and to gather broad demographic information.
To whom does Company disclose information about you that we collect?
We will not share, rent, sell or otherwise disclose any of the personally identifiable information that we collect about you, except when we have your permission or in any of the following situations:
- If you have requested a Service, we may use information about you to fulfill such request (including providing that information to third parties). We may also at any time review your case, your medical records from prior to and after your interaction with the Site, and any records created as a result of services received. We may share information about you, your care, and your use of services to your healthcare payor, or as necessary to implement plan designs described to you in your applicable health plan documentation, or on your request. If your health plan provides incentives for utilization of services, we will share information required to implement such incentives. We may request courtesy notices from your treating physician(s) and/or request additional medical records from them, including records pertaining to care you received after receiving the services. We may review these records for, among other purposes, reviewing the quality of service you received, reviewing the quality of service provided by the physicians and medical professionals treating you (including the physicians and medical professionals to whom you may have received a referral), to better understand the course of treatment for your condition(s) including information regarding outcomes and costs, and to improve treatments and recommendations for people with similar or different conditions. We will take care to minimize personally identifying information in this process. We may also use anonymous information gathered, including information from your medical records, to generate conclusions about the healthcare process, particular conditions, and other matters. We and our affiliated physicians and researchers may publish this anonymous information in journals, websites and other locations. However, we will not publish your name or any identifying information about you; we will use only anonymous data for any public purpose.
- We may disclose information that we collect about you to our third-party contractors who perform services for Company in order to provide certain services or to complete or confirm a transaction that you conduct with us.
- We may use information we know about you to contact you to inform you about relevant services, including by telephone, text message, email, or direct mail.
- We may disclose the results of aggregated data about you for marketing or promotional purposes (for instance, that a certain percentage of our Site’s users are living in a particular state of the United States). In these situations, we do not disclose to these entities any information that could be used to personally identify you.
- We may disclose information about you as part of a merger, acquisition or other sale or transfer of its assets or business. Company does not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy.
- We may disclose information about you for purposes such as to provide services available on the Site; to coordinate with insurance, reinsurance and excess or stop loss insurers; to enforce our members’ rights; to protect against actual or potential fraud; to resolve member inquiries or disputes; to receive payments; to carry out our business; to protect the confidentiality or security of our records; to administer preventive health and case management programs; to perform auditing and ratemaking functions; to enable our service providers to perform marketing services on our behalf and inform Members about our own products or services; to comply with federal or state laws and other applicable legal requirements.
- We may disclose your information, to the extent permitted by law, in court or in the stages leading to possible legal action arising from improper use of this website, application or services, or due to a dispute you initiate in connection with the related services.
- Moreover, we may be legally obligated to disclose information about you to the government or to third parties under certain circumstances, such as in connection with illegal activity on our Site or to respond to a subpoena, court order or other legal process, or public health activities. Company reserves the right to release information that we collect to law enforcement or other government officials, as we, in our sole and absolute discretion, deem necessary or appropriate.
If you use our Site or services outside of the United States, information that we collect about you will be transferred to servers inside the United States, which may involve the transfer of information out of countries located in the European Economic Area. By allowing Company to collect information about you, you consent to such transfer and processing of your data.
Your Rights Regarding Your Protected Health Information
You have certain rights regarding protected health information that we maintain about you.
- Right to Access Your Protected Health Information. You have the right to review or obtain copies of your protected health information records, with some limited exceptions. Usually the records include enrollment, billing, claims payment and case or medical management records. Your request to review and/or obtain a copy of your protected health information records must be made in writing. We may charge a fee for the costs of producing, copying and mailing your requested information, but we will tell you the cost in advance (waived as applicable by the GDPR and/or CCPA).
- Right to Amend Your Protected Health Information. If you feel that your information (including protected health information) maintained by us is incorrect or incomplete, you may request that we amend the information. Your request must be made in writing and must include the reason you are seeking a change. We may deny your request if, for example, you ask to amend a record that is already accurate and complete.
- If we deny your request to amend, we will notify you in writing. You then have the right to submit to us a written statement of disagreement with our decision and we have the right to rebut that statement.
- Right to an Accounting of Disclosures. You have the right to request an accounting of disclosures we have made of your protected health information. The list will not include our disclosures related to your treatment, our payment or healthcare operations, or disclosures made to you or with your authorization (except for users covered by the GDPR regime, which may request such uses). The list may also exclude certain other disclosures, such as for national security purposes.
- Your request for an accounting of disclosures must be made in writing and must state a time period for which you want an accounting. Your request should indicate in what form you want the list (for example, on paper or electronically). The first accounting that you request within a 12-month period will be free. For users outside the GDPR regime, we may charge for providing the accounting additional lists within the same time period, but we will tell you the cost in advance.
- Right to Request Restrictions on the Use and Disclosure of Your Protected Health Information. You have the right to request that we restrict or limit how we use or disclose your protected health information (or for users covered by the GDPR, all personal information) for treatment, payment or healthcare operations. We may not agree to your request. If we do agree, we will comply with your request unless the information is needed for an emergency. Your request for a restriction must be made in writing. In your request, you must tell us: (i) what information you want to limit; (ii) whether you want to limit how we use or disclose your information, or both; and (iii) to whom you want the restrictions to apply.
- Right to Receive Confidential Communications. You have the right to request that we use a certain method to communicate with you or that we send information about you to a certain location if the communication could endanger you. Your request to receive confidential communications must be made in writing. Your request must clearly state that all or part of the communication from us could endanger you. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.
- Right to File a Complaint. You have the right to file a complaint if you do not agree with how we have used or disclosed information about you or if you believe your privacy rights have been violated. You will not be penalized for filing a complaint. To file a complaint you may write to us at: Privacy Officer, AiRCare Health, 400 Selby Ave. Suite D., St. Paul, MN 55102 or fax:651-222-6743. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services Office of Civil Rights.
- Contact Information for Exercising Your Rights. You may exercise any of the rights described above by contacting our Privacy Office as follows:
400 Selby Ave., Suite D
Saint Paul, MN 55102
In the future, AiRCare Health may change its Notice of Privacy Practices. Any changes will apply to information AiRCare Health already has, as well as information AiRCare Health receives in the future. A copy of the new notice will be posted at AiRCare Health as required by law. You may ask for a copy of the current notice anytime you visit or contact AiRCare Health.