Privacy Policy
This notice describes how medical information about you may be
used and disclosed and how you can access this information. Please
review it carefully.
The Health Insurance Portability and Accountability Act of 1996
(HIPAA) imposes numerous requirements on employer health plans
concerning the use and disclosure of individual health information.
This information, known as protected health information (PHI),
includes virtually all individually identifiable health information
held by a health plan - whether received in writing, in an
electronic medium, or as an oral communication. This notice
describes the privacy practices of the group health plans sponsored
by DriveTime. The group health plans covered by this notice may
share health information with each other to carry out Treatment,
Payment, or Health Care Operations. These plans are collectively
referred to as the "Plan" in this notice, unless specified
otherwise.
The Plan's duties with respect to health information about
you
The Plan is required by law to maintain the privacy of your health
information and to provide you with this notice of the Plan's legal
duties and privacy practices with respect to your health
information. If you participate in the insured dental and vision
plans, you will receive a notice directly from the insurer.
It's important to note that these rules apply to the Plan, not
DriveTime as an employer - that is the way the HIPAA rules
work.
How the Plan may use or disclose your health information
The privacy rules generally allow the use and disclosure of your
health information without your permission (known as an
authorization) for purposes of health care Treatment, Payment
activities, and Health Care Operations. Here are some examples of
what that might entail:
- Treatment includes providing, coordinating, or managing health
care by one (1) or more health care providers or doctors. Treatment
also can include coordination or management of care between a
provider and a third party, and consultation and referrals between
providers. For example, the Plan may share health information about
you with physicians who are treating you.
- Payment includes activities by this Plan, other plans, or
providers to obtain premiums, make coverage determinations and
provide reimbursement for health care. This can include eligibility
determinations, reviewing services for medical necessity or
appropriateness, utilization management activities, claims
management, and billing; as well as "behind the scenes" plan
functions such as risk adjustment, collection, or reinsurance. For
example, the Plan may share information about your coverage or the
expenses you have incurred with another health plan in order to
coordinate payment of benefits.
- Health care operations include activities by this Plan (and in
limited circumstances other plans or providers) such as wellness
and risk assessment programs, quality assessment and improvement
activities, customer service, and internal grievance resolution.
Health care operations also include vendor evaluations,
credentialing, training, accreditation activities, underwriting,
premium rating, arranging for medical review and audit activities,
and business planning and development. For example, the Plan may
use information about your claims to review the effectiveness of
wellness programs.
The amount of health information used or disclosed will be limited
to the "Minimum Necessary" for these purposes, as defined under the
HIPAA rules. The Plan also may contact you to provide appointment
reminders or information about treatment alternatives or other
health-related benefits and services that may be of interest to
you.
How the Plan may share your health information with DriveTime
The Plan, or its health insurers, business associates, or external
Employee Assistance Program (EAP) vendors may disclose to DriveTime
the following health information without your written
authorization:
- The Plan, or its insurers, business associates, , or external
Employee Assistance Program (EAP) vendors may disclose "summary
health information" to DRIVETIME if requested, for purposes of
obtaining premium bids to provide coverage under the Plan, or for
modifying, amending, or terminating the Plan. Summary health
information is information that summarizes participants' claims
information, but from which names and other identifying information
have been removed.
- The Plan, or its insurers, business associates, or external
Employee Assistance Program (EAP) vendors may disclose to DRIVETIME
information on whether an individual is participating in the Plan,
or has enrolled or disenrolled in an option offered by the
Plan.
In addition, the Plan, its insurers, business associates, or
external Employee Assistance Program (EAP) vendors may disclose
your health information without your written authorization to
DRIVETIME for plan administration purposes, if DRIVETIME adopts
Plan amendments describing its administration activities.
DRIVETIME cannot and will not use health information obtained from
the Plan for any employment-related actions. However, health
information collected by DRIVETIME from other sources, for example
under the Family and Medical Leave Act, Americans with Disabilities
Act, or workers' compensation is not protected under HIPAA
(although this type of information may be protected under other
federal or state laws).
Other allowable uses or disclosures of your health
information
In certain cases, your health information can be disclosed without
authorization to a family member, close friend, or other person you
identify who is involved in your care or payment for your care.
Information describing your location, general condition, or death
may be provided to a similar person (or to a public or private
entity authorized to assist in disaster relief efforts). You'll
generally be given the chance to agree or object to these
disclosures (although exceptions may be made, for example if you
are not present or if you are incapacitated). In addition, your
health information may be disclosed without authorization to your
legal representative.
The Plan also is allowed to use or disclose your health
information without your written authorization for uses and
disclosures required by law, for public health activities, and
other specified situations, including:
- Disclosures to Workers' Compensation or similar legal programs,
as authorized by and necessary to comply with such laws
- Disclosures related to situations involving threats to personal
or public health or safety
- Disclosures related to situations involving judicial
proceedings or law enforcement activity
- Disclosures to a coroner or medical examiner to identify the
deceased or determine cause of death; and to funeral directors to
carry out their duties
- Disclosures related to organ, eye or tissue donation, and
transplantation after death
- Disclosures subject to approval by institutional or private
privacy review boards and subject to certain assurances by
researchers regarding necessity of using your health information
and treatment of the information during a research project
- Certain disclosures related to health oversight activities,
specialized government or military functions and Health and Human
Services investigations
Except as described in this notice, other uses and disclosures
will be made only with your written authorization. You may revoke
your authorization as allowed under the HIPAA rules. However, you
can't revoke your authorization if the Plan has taken action
relying on it. In other words, you can't revoke your authorization
with respect to disclosures the Plan has already made.
Your individual rights
You have the following rights with respect to your health
information the Plan maintains. These rights are subject to certain
limitations, as discussed below. This section of the notice
describes how you may exercise each individual right. See the
"Contract" section of this notice for information on how to submit
requests.
- Right to request restrictions on certain uses and disclosures
of your health information and the Plan's right to refuse
- You have the right to ask the Plan to restrict the use and
disclosure of your health information for Treatment, Payment, or
Health Care Operations, except for uses or disclosures required by
law. You have the right to ask the Plan to restrict the use and
disclosure of your health information to family members, close
friends, or other persons you identify as being involved in your
care or payment for your care.
- You also have the right to ask the Plan to restrict use and
disclosure of health information, to notify those persons of your
location, general condition, or death - or to coordinate those
efforts with entities assisting in disaster relief efforts. If you
want to exercise this right, your request to the Plan must be in
writing.
The Plan is not required to agree to a requested restriction. If
the Plan does agree, a restriction may later be terminated by your
written request, by agreement between you and the Plan (including
an oral agreement), or unilaterally by the Plan for health
information created or received after you're notified that the Plan
has removed the restrictions. The Plan may also disclose health
information about you if you need emergency treatment, even if the
Plan has agreed to a restriction.
Right to receive confidential communications of your health
information
If you think that disclosure of your health information by the
usual means could endanger you in some way, the Plan will
accommodate reasonable requests to receive communications of health
information from the Plan by alternative means or at alternative
locations.
If you want to exercise this right, your request to the Plan must
be in writing and you must include a statement that disclosure of
all or part of the information could endanger you. This right may
be conditioned on you providing an alternative address or other
method of contact and, when appropriate, on you providing
information on how payment, if any, will be handled.
Right to inspect and copy your health information
With certain exceptions, you have the right to inspect or obtain a
copy of your health information in a "Designated Record Set." This
may include medical and billing records maintained for a health
care provider; enrollment, payment, claims adjudication, and case
or medical management record systems maintained by a plan; or a
group of records the Plan uses to make decisions about individuals.
However, you do not have a right to inspect or obtain copies of
psychotherapy notes or information compiled for civil, criminal, or
administrative proceedings. In addition, the Plan may deny your
right to access, although in certain circumstances you may request
a review of the denial. If you want to exercise this right, your
request to the Plan must be in writing. If the Plan doesn't
maintain the health information but knows where it is maintained,
you will be informed of where to direct your request.
Right to amend your health information that is inaccurate or
incomplete
With certain exceptions, you have a right to request that the Plan
amend your health information in a Designated Record Set. The Plan
may deny your request for a number of reasons. For example, your
request may be denied if the health information is accurate and
complete, was not created by the Plan (unless the person or entity
that created the information is no longer available), is not part
of the Designated Record Set, or is not available for inspection
(e.g., psychotherapy notes or information compiled for civil,
criminal, or administrative proceedings). If you want to exercise
this right, your request to the Plan must be in writing, and you
must include a statement to support the requested amendment.
Right to receive an accounting of disclosures of your health
information
You have the right to a list of certain disclosures the Plan has
made of your health information. This is often referred to as an
"accounting of disclosures." You generally may receive an
accounting of disclosures if the disclosure is required by law, in
connection with public health activities, or in similar situations
listed in the "Other allowable uses or disclosures of your health
information" section of this notice, unless otherwise indicated
below. You may be entitled to an accounting of disclosures that the
Plan should not have made without authorization.
You may receive information on disclosures of your health
information going back for six (6) years from the date of your
request, but not earlier than April 14, 2003 (the general date that
the HIPAA privacy rules are effective) or April 14, 2004 for the
Health Care Reimbursement Account (HCRA) or any EAP that may be
subject to HIPAA. You do not have a right to receive an accounting
of any disclosures made:
•For Treatment, Payment, or Health Care Operations;
• To you about your own health information;
• Incidental to other permitted or required disclosures;
• Where authorization was provided;
• To family members or friends involved in your care (where
disclosure is permitted without authorization);
• For national security or intelligence purposes or to correctional
institutions or law enforcement officials in certain circumstances;
or
• As part of a "limited data set" (health information that excludes
certain identifying information).
In addition, your right to an accounting of disclosures to health
oversight agency or law enforcement official may be suspended at
the request of the agency or official.
If you want to exercise this right, your request to the Plan must
be in writing. You may make one (1) request in any 12-month period
at no cost to you, but the Plan may charge a fee for subsequent
requests. You'll be notified of the fee in advance and have the
opportunity to change or revoke your request.
Right to obtain a paper copy of this notice from the Plan upon
request
You have the right to obtain a paper copy of this Privacy Notice
upon request. Even individuals who agreed to receive this notice
electronically may request a paper copy at any time by contacting
your campus benefits office.
Changes to the information in this notice
The Plan must abide by the terms of the Privacy Notice currently
in effect. The EAPs subject to HIPAA and covered by this Privacy
Notice are those whose services are provided by an external EAP
vendor. However, the Plan reserves the right to change the terms of
its privacy policies as described in this notice at any time, and
to make new provisions effective for all health information that
the Plan maintains. This includes health information that was
previously created or received, not just health information created
or received after the policy is changed. If changes are made to the
Plan's privacy policies described in this notice, you will be
provided with a revised Privacy Notice directly from your insurer.
New DriveTime employees may also receive an updated version from
the benefits office.
Complaints
If you believe your privacy rights have been violated, you may
complain to the Benefits Office. You won't be retaliated
against for filing a complaint. To file a complaint, please contact
the applicable insurance carrier, or external Employee Assistance
(EAP) vendor.
Contact
For more information on the Plan's privacy policies or your
rights under HIPAA, contact the benefits office directly.
1-800 - DRV- TIME.