THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN HAVE ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
The Line Construction Benefit Fund ("Fund") exists for one purpose: to provide health and welfare benefits to participants in the Fund and to their eligible dependents. In the course of providing welfare benefits, the Fund receives and maintains information that constitutes "protected health information" (PHI) as defined in Federal privacy rules. This notice describes the Fund's policies that protect you from the unnecessary disclosure of your health information and give you certain rights regarding your health information.
In this Notice, "you" means any person whose health information is received by the Fund. This Notice applies to you whether you are the Plan participant or an eligible dependent. Privacy rights can be exercised either by you or your Personal Representative (defined on page 97). For a minor child, the parent is the Personal Representative.
To Process and Pay Your Claims - The Fund may use or disclose your health information to process and pay your benefit claims. Claim processing includes all aspects of the process including, for example:
To Collect Contributions for Coverage - The Fund may use or disclose your health information in the process of collecting any payments, such as the cost of COBRA coverage.
For Administrative Purposes - The Fund may use or disclose health information for its own operations. Some examples are:
To Provide You With Health-Related Information - The Fund may use and disclose your health information to tell you about or recommend possible treatment options or alternatives, or to advise you of health-related benefits and services that may be of interest to you.
When Legally Required - The Fund will disclose your health information when it is required to do so by any Federal, state or local law. Examples include:
To Conduct Health Oversight Activities - The Fund may disclose your health information to a health oversight agency for authorized activities including audits, civil administrative or criminal investigations, inspections, licensing or disciplinary action.
For Law Enforcement Purposes - As permitted or required by state law, the Fund may disclose your health information to a law enforcement official for certain law enforcement purposes, including, but not limited to, reporting a crime in an emergency or if the Fund has reason to believe that your death was the result of criminal conduct.
For Specified Government Functions - In certain circumstances, Federal regulations require the Fund to use or disclose your health information to facilitate specified government functions, for example those related to the military and veterans, national security and intelligence activities, protective services for the president and others, and correctional institutions and inmates.
In the Event of a Serious Threat to Health or Safety - The Fund may, consistent with applicable law and ethical standards of conduct, disclose your health information if the Fund, in good faith, believes that disclosure is necessary to prevent or lessen a serious and imminent threat to your health or safety or to the health and safety of the public.
Claims adjusters and other employees in the Fund Office will use your health information to process your benefit claims. The Fund Administrator and other supervisory personnel may use your health information for claim payment, training and administrative purposes, among others. The Board of Trustees, in its capacity as administrator of the Fund, may have access to your health information for appeals or other administrative or supervisory purposes.
The categories above ("Circumstances in Which the Fund Uses or Discloses Health Information") describe when the Fund will use or disclose your health information without your authorization. Other than as stated above, the Fund will not disclose your health information, except with your written authorization. The following rules apply to authorizations to release health information:
You have the following rights regarding your health information that the Fund maintains:
Right to Request Restrictions - You may request restrictions on certain uses and disclosures of your health information. The Fund is not required to agree to your request but the Fund will ordinarily honor any request that the Fund communicate only with you (that is, refrain from disclosing your claim or benefit information to your relatives, friends members of your household, your Local Union or Employer). If you wish to make a request for restrictions, please contact the Fund's Privacy Officer.
Right to Receive Confidential Communications - You have the right to request that the Fund communicate with you in a certain way. The Fund is not required to honor such requests but the Fund will do so if it can be done without interfering with the Fund's normal operations, or if you believe that the disclosure of your health information could endanger you. If you wish to receive confidential communications, please make your request in writing to the Fund's Privacy Officer. Here are some examples of requests for confidential communications:
Right to Inspect and Copy Your Health Information - You have the right to inspect and copy your health information. A request to inspect and copy records containing your health information must be made in writing to the Fund's Privacy Officer. If you request a copy of your health information, the Fund will charge you $0.25 per page for copying, plus actual mailing costs.
Right to Amend Your Health Information - If you believe that your health information records are inaccurate or incomplete, you may request that the Fund amend the records. That request may be made as long as the information is maintained by the Fund. A request for an amendment of records must be made in writing to the Fund's Privacy Officer. The Fund may deny the request if it does not include a reason to support the amendment. The request also may be denied if your health information records were not created by the Fund, if the health information you are requesting to amend is not part of the Fund's records, if the health information you wish to amend falls within an exception to the health information you are permitted to inspect and copy, or if the Fund determines the records containing your health information are accurate and complete.
Right to an Accounting - You have the right to request a list of certain disclosures of your health information that the Fund is required to keep a record of under the Federal privacy rules, such as disclosures for public purposes, disclosures authorized by law or disclosures that are not in accordance with the Fund's privacy policies or applicable law. The request must be made in writing to the Fund's Privacy Officer. The request should specify the time period for which you are requesting the information, but may not start earlier than April 14, 2003. Accounting requests may not be made for periods of time in excess of six years. The Fund will provide the first accounting you request during any 12-month period without charge. Subsequent accounting requests will be subject to a reasonable cost-based fee. The Fund will inform you in advance of the fee, if applicable.
Right to a Copy of this Notice - You have a right to request and receive a copy of this Notice at any time, even if you have received this Notice previously. To obtain a copy, please contact the Fund's Privacy Officer or any employee at the Fund Office. This Notice is also available on the Fund's website at www.Lineco.org.
If you are of legal age, you can exercise the privacy rights explained in this Notice. Your rights can also be exercised by your Personal Representative. A Personal Representative is:
The Fund is required by law to maintain the privacy of your health information as described in this Notice and to provide to you this Notice of the Fund's duties and privacy practices. The Fund is required to conform to the terms of this Notice. The Fund reserves the right to change the terms of this Notice at any time. Any change will apply to all health information. If that happens, the Fund will revise the Notice and will provide you with a copy of the revised Notice within 60 days of the change. Any changes in the Fund's privacy practices will apply to all health information that the Fund has, regardless of whether the information was obtained before or after the change in privacy practices. You have the right to submit any complaints regarding privacy issues to the Fund's Privacy Officer. If you believe that your privacy rights have been violated, you have the right to report any violations to the Secretary of the Department of Health and Human Services. The Fund encourages you to express any concerns you may have regarding the privacy of your information. Neither the Fund, your employer or your Union are permitted to retaliate against you in any way for filing a complaint.
The Fund has designated Betty Cahill as its Privacy Officer. She is the contact person for all issues regarding patient privacy and your privacy rights. You may contact this person at 2000 Springer Drive, Lombard, Illinois 60148, 1-(800)-323-7268.
This Notice was effective as of April 14, 2003.