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ABOUT CRL
PRIVACY NOTICE
CLINICAL REFERENCE LABORATORY, INC.
FLEXIBLE SPENDING PLAN
Effective April 14, 2004
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT
YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
To persons enrolled in the Clinical Reference Laboratory,
Inc. Flexible Spending Plan ("Plan"):
The Plan is required by law to maintain the privacy
of protected medical information and to provide covered individuals with
notice of its legal duties and privacy practices with respect to protected
medical information. However, the Plan is permitted to use and disclose
this information under the circumstances described in this notice.
The Plan is required to abide by the terms of this notice
until it is amended. The Plan reserves the right to change the terms of
this notice and to make the new notice provisions effective for all protected
health information that it maintains. All individuals covered under the
Plan will receive a revised notice within 60 days of a material revision
to the notice.
In order for the Clinical Reference Laboratory, Inc.
Flexible Spending Plan to pay for your covered medical expenses, the Plan
and those administering the Plan must create or receive certain medical
information about you. This information may involve:
- Payment activities such as billing and collection activities,
eligibility determinations, review of claims, precertification and
utilization review, and coordination of benefits, or
- Health care operation activities such as quality assessment,
case management, subrogation or business management and general administrative
activities, or
- Treatment activities by your health care provider, such as
providing information about other treatments you have received.
By your enrolling in the plan, you have agreed to allow
the Plan and its administrators to create or use your medical information
in order to perform these duties without your express authorization. The
Plan may also disclose medical information about you without your authorization
to business associates of the plan, such as actuaries who price the cost
of coverage, the claims administrator who pays the claims or other professionals
who perform services on behalf of the Plan. All disclosures made by the
Plan of medical information for purposes of payment or health care operation
activities shall be the minimum necessary to accomplish the intended purpose
of the disclosure, and any business associate who receives the information
must agree to keep it confidential.
The Plan may be required to make available to the Department
of Health and Human Services all books and records regarding the health
information of covered persons if this information is requested for audit
purposes. You will not have to authorize this disclosure.
The Plan may disclose information about your medical
records to a medical professional treating you. No authorization is necessary
for this disclosure.
The law requires the Plan to make certain disclosures.
These include disclosures:
- As necessary to comply with workers compensation or other similar
programs.
- As necessary for courts and law enforcement agencies. Disclosures
to a law enforcement agency may occur if required by law (such as
the occurrence of certain types of wounds) or if required by a court
order or other legal process. The Plan may also disclose medical information:
for the purpose of identifying or locating a suspect, witness, fugitive
or missing person; about a crime victim, if the victim agrees or emergency
circumstances require disclosure without consent; about a person who
has died if the nature of the death suggests that it may be the result
of criminal conduct; or if there is evidence to suggest that a crime
occurred on the premises.
- As necessary for public health research and disclosure, including
reporting of communicable diseases to the applicable authorities (who
may contact exposed individuals) and workforce medical investigations.
- As necessary to a health oversight agency for oversight activities
authorized by law. However, this will generally not include an investigation
of a particular individual unless it involves receipt of health care,
public health benefits or public benefits contingent on the individual's
health.
- As necessary if disclosure is required by another law.
The Plan may also be permitted or required to disclose
medical information without your authorization under the following circumstances:
- If authorized by law, to the proper authorities for purposes of
reporting child abuse or domestic violence. Subject to certain restrictions,
the Plan may also report this information to social services, but
must generally inform the victim of the abuse that it is making the
disclosure.
- To people working for or with the Food and Drug Administration.
These disclosures may be necessary: to report adverse events with
respect to food or dietary supplements, product defects (including
use or labeling defects), or biological product deviations; for product
tracking; to enable product recalls, repairs or replacements; or to
conduct post marketing surveillance.
- Upon your death, to a coroner, funeral director or to tissue or
organ services, as necessary to permit them to perform their functions.
- Under certain circumstances, for research purposes.
- To prevent or lessen a serious threat to the health or safety of
a person or the public.
- If authorized by law, in connection with military matters or matters
of national security and intelligence.
In addition, the Plan may disclose medical information
to the Plan Sponsor, Clinical Reference Laboratory, Inc. under the following
conditions:
- Clinical Reference Laboratory, Inc. may not use any such information
for employment-related decisions.
- Clinical Reference Laboratory, Inc. may receive such information
as the Plan documents allow.
- You have the right to inspect the Plan documents allowing disclosures.
Other uses and disclosures of your medical information
will be made only with your written authorization and you may revoke the
authorization at any time, upon request.
You have the right:
- To request restrictions on certain uses and disclosures of your
medical information. The Plan does not have to agree with a requested
restriction, but if the Plan does agree, then the Plan will abide
by that restriction.
- To receive your own confidential health information by alternative
means or at alternative locations, if receipt of the information in
the usual manner could endanger you. You should contact Clinical Reference
Laboratory, Inc.'s Employee Relations Manager to request the alternative
delivery. You must include a statement that disclosure of the information
in the usual manner could endanger you.
- To inspect and copy your own health information, but exceptions
apply to certain types of information. If you request to see or copy
your own health information from the Clinical Reference Laboratory,
Inc. Employee Relations Manager and one of these exceptions apply,
you will be given more information at that time, including the circumstances
under which you may challenge the exception.
- To amend your own health information when that information is incorrect.
- To obtain an accounting of any disclosure of your confidential health
information, other than disclosures for purposes of payment, health
care operations or treatment, or disclosures made in accordance with
your written authorization.
- To obtain a paper copy of this notice upon request. [If this version
is provided electronically.]
In each case, you must make your request to the Employee
Relations Manager, in writing. Depending upon the nature of the request,
you will be given more information at that time, including any exceptions
to the rules that may apply to your case.
Individuals may complain to the Plan Sponsor and/or
to the Secretary of Health and Human Services if they believe their privacy
rights have been violated. If you wish to file such a complaint, please
contact Clinical Reference Laboratory, Inc.'s Employee Relations Manager
and you will be given information on how to proceed. You will not be retaliated
against by the Plan or Plan Sponsor for the complaint. The Department
of Health and Human Services may be contacted in Washington, DC or listings
may be found in local telephone directories.
For further information contact the Clinical
Reference Laboratory, Inc.'s Employee Relations Manager at (913) 492-3652.
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