Privacy Notice
DELTA DENTAL OF ILLINOIS
NOTICE OF PRIVACY PRACTICES AND RIGHTS
This Notice describes how health information about you may be used and disclosed and how you can get access to this information.
PLEASE REVIEW THIS NOTICE CAREFULLY
This Notice explains the privacy practices of Delta Dental of Illinois and its affiliated companies (collectively, “we” or “us” or the Company). These entities have designated themselves as a single affiliated covered entity for purposes of the privacy rules under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). These entities follow the privacy rules under HIPAA and share health information for treatment, payment, and health care operations or as otherwise permitted by law.
We understand that your health information is personal and are committed to protecting its confidentiality.
HIPAA protects certain health information known as Protected Health Information (PHI), which includes identifiable health information transmitted or maintained by us.
This Notice explains how we use and share your health information and informs you of your rights regarding your health information.
We comply with HIPAA, Health Information Technology for Economic and Clinical Health (“HITECH”) Act, and their regulations. We have safeguards to track disclosures and meet reporting obligations, and we follow the "Minimum Necessary" requirements when using or sharing your health information.
This Notice does not apply to information that has been de-identified, meaning it cannot be used to identify you.
Our Privacy Practices and Responsibilities
- We are required by law to maintain the privacy and security of your health information. As a result, we ensure that our employees’ access to your health information is limited to a business “need-to-know” basis.
- We must follow the duties and privacy practices described in this Notice and give you a copy of it.
- We will not use or share your information other than as described here unless you provide permission in writing. If you provide permission, you may change your mind at any time. Let us know in writing if you change your mind.
- We will notify you promptly if a breach occurs that may have compromised the privacy or security of your information.
Your Rights
This section explains your rights and our responsibilities in helping to protect your information. You have the right to:
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Get copies of your health records
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You have the right to inspect and obtain a copy of the information that we maintain about you in your designated record set (“health records”). Your health records typically include claim and payment information. Your right to this information does not include copies of information:
- Made in reasonable anticipation of (or use in) a civil, criminal, or administrative action or proceeding;
- Subject to federal or state laws that do not allow us to give it to you;
- That could possibly harm you or another person. If we limit access because of this, you have the right to ask for a review of this decision.
A request to inspect and copy these records should be made in writing to the Compliance Department at the address listed below.
We will provide a copy or summary of your health records, usually within 30 days of your request, and we may charge a reasonable, cost-based fee.
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Correct health and claims records
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You can ask us to correct your health and claims records if you think they are incorrect or incomplete.
To request an amendment, your request must be made in writing and include a reason supporting the requested change. Please submit the request to the Compliance Department at the address listed below.
We may deny your request for an amendment if it is not in writing or does not include a reason. We may also deny your request for amending your health information if it covers health records that:
- were not created by us, unless the person who actually created the information is no longer available to make the amendment;
- are not part of the information which you would be permitted to inspect and copy;
- are not part of the health records kept by or for us; or
- are accurate and complete.
We are not required to amend your PHI, but if we deny your request, we will provide you with information about our denial and how you can contest the denial.
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Request confidential communications
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- If you're concerned about your safety, you can ask us to contact you in a specific way (for example, home or office phone number) or send mail to a different address.
- We will consider all reasonable requests and will agree if not doing so could put you in danger.
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Request limits on how we share your information
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- You have the right to ask us to limit how we use or share your information for payment or health care operations, especially for services paid in full out-of-pocket without using plan benefits.
- You have the right to request us to limit information that we may release to someone who is involved in your care or the payment for your care.
- We are not required to agree to your request. For example, we may deny a request if it could affect your care.
- To request restrictions, you must make your request in writing to the Compliance Department at the address listed below. In your written request, you must tell us: (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply (for example, disclosures to your spouse).
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Get a list of who we’ve shared your information with
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- You can ask for a list (accounting) of the times we’ve shared your health information for up to six years prior to the date of your request, who we shared it with, and why.
- This list won't include information shared for treatment, payment, health care operations, or any other disclosures you asked us to make.
- We’ll provide one accounting per year for free. If you request more than one within 12 months, we will charge a reasonable, cost-based fee.
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Get a paper copy of this Notice
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- You can ask for a paper copy of this Notice at any time, even if you agreed to receive it electronically. We will provide you with a paper copy promptly.
- You may also obtain a copy of the current version of the Notice of Privacy Practice and Rights of the Company at its website: www.deltadentalil.com
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Choose someone to act for you
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- If you have given someone power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
- We will ask the person to show proof of this authority to act for you before we take any action.
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Your Choices
For certain health information, you have a choice in what we share. If you have a clear preference for how we share your information in the situations described below, let us know, and we will follow your instructions.
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In these situations, you can choose to tell us to:
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- Share information with your family, close friends, or others involved in payment for your care
- Share information in a disaster relief situation
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In these cases, we won’t share your information unless you give us written permission:
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- Marketing purposes
- Sale of your information
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Our Uses and Disclosures
The following categories describe ways we use and disclose health information. Not every use or disclosure in a category will be listed. We may use or share your health information without your permission in the following ways:
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Payment for your health services
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- We might use or share your health information to get payment for your treatment.
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Examples:
- Checking if you qualify for benefits.
- Billing for your treatment.
- Handling your health claims.
- Making decisions about your coverage.
- Managing your benefits.
- Coordinating payments for your benefits.
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To assist in managing the care you receive
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- We might use or share your health information to help dentists and other medical providers treat you.
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Example: We might share information about your past treatment with a dentist if it affects your current treatment coverage.
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To run our organization
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- We might use or share your health information for our health care operations and contact you when necessary. We may share non-health information with other Delta Dental member companies for business operational purposes.
- We are not allowed to use genetic information to decide whether we will give you coverage and the price of that coverage.
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Examples: We use health information about you to develop better services. This may include:
- Conducting quality assessment and improvement activities.
- Training, licensing, or credentialing activities
- Setting rates.
- Conducting or arranging for treatment review.
- Legal services and audit functions, including fraud and abuse detection and compliance programs.
- Resolving grievances and other activities related to coverage determinations.
- Carrying out a wellness program.
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With Your Employer
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- If you are part of a group benefit program, your health information might be shared with the plan sponsor, usually your employer, to manage your benefits. We will only share this information if the sponsor has agreed to protect its confidentiality.
- In certain situations, we may share health information with the sponsor even without a confidentiality agreement.
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Examples of situations where a promise is not required:
- We can share summary health information to get premium bids or to change the group health plan. This summary information doesn't include details that can identify you.
- We can share information about whether you have joined or left your benefit program.
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With Business Associates
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- We might hire people or companies called Business Associates to do different tasks or provide certain services for the Company.
- To do these tasks or provide these services, Business Associates might receive, create, maintain, use, or share your health information.
- Business Associates are permitted to use your health information only if they have entered into a written agreement with the Company to ensure its security and confidentiality.
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Example: We might hire a company to handle billing or manage our data.
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For health-related benefits
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- We may use or disclose health information about you to communicate to you about health-related benefits and services.
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Example: We may communicate to you about health-related benefits and services that add value to, but are not part of, your health plan.
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How else can we use or share your health information?
We are allowed or required to share your information in other ways, such as for public health and research. We must meet many legal conditions before we can share your information for these purposes. For more information, visit www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
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To help with public health and safety issues
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We can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect, or domestic violence
- Preventing or reducing a serious threat to anyone’s health or safety
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For research
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- We can use or share your information for certain health research.
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To comply with the law
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- We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we are complying with federal privacy law.
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We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we are complying with federal privacy law.
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- We can share health information about you with organ procurement organizations.
- We can share health information with a coroner, medical examiner, or funeral director when a person dies.
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To address workers’ compensation, law enforcement, and other government requests
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We can use or share health information about you:
- For workers’ compensation claims
- For law enforcement purposes or with a law enforcement official
- With health oversight agencies for activities authorized by law
- For special government functions such as military, national security, and presidential protective services
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To respond to lawsuits and legal actions
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- We can share health information about you in response to a court or administrative order, or in response to a subpoena.
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For situations involving fraud
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- We might report your health information if we suspect fraud.
- For example, we might share it with state and federal agencies that oversee us or your providers. These agencies include the U.S. Department of Health and Human Services, the Illinois Department of Insurance, or the Illinois Department of Financial and Professional Regulation.
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If none of these situations apply, we may need to obtain your written permission before using or sharing your health information. If you give permission, you may change your mind at any time and revoke your permission by writing to us at the address listed on page 5 of this Notice. If you change your mind, we will no longer use or disclose your health information for reasons covered by your permission unless required by law. We are unable to take back any uses or disclosures we made while your permission was in effect.
Specially Protected Information
In some situations, federal and state laws provide special protections for certain kinds of health information such as substance use disorder treatment, mental health treatment, HIV/AIDS, sexually transmitted diseases, or reproductive health. We will not disclose that specially protected information without your written permission unless the request complies with any required regulatory or legal requirements.
Changes to the Terms of this Notice
We may amend this Notice of Privacy Practices at any time in the future and make the new provisions effective for all PHI that we maintain. We will advise you of any significant changes to the Notice. We are required by law to comply with the current version of this Notice.
Questions and Complaints
You can ask a question or submit a complaint if you feel we have violated your rights by contacting us at 630-718-4807.
You may also file a written complaint with Delta Dental of Illinois at compliance@deltadentalil.com or mail to:
Delta Dental of Illinois
Attn: Compliance and Privacy Officer
111 Shuman Boulevard
Naperville, IL 60563
If you believe your privacy rights or rights of notification in the event of a breach of your PHI have been violated, you may also file a complaint with the Office of Civil Rights by contacting them at 312-886-2359; 312-353-5693 (TDD); 312886-1807 (facsimile). You can send a complaint by mail at:
Office of Civil Rights, U.S. Department of Health & Human Services
233 North Michigan Avenue
Suite 240
Chicago, Illinois 60601
You may also visit the Office of Civil Rights website at http://www.hhs.gov/ocr/privacy.
You will not be penalized, or in any other way retaliated against for filing a complaint with us or the Office of Civil Rights.