Healthy Families Program - A healthier tomorrow starts today!

PRIVACY PRACTICES

This section is about your health privacy rights. It tells how we may use your medical information, and it explains your privacy rights. Please read it carefully! These privacy practices became effective July 1, 2002.

The privacy of health information

There is a federal law that protects your health information privacy. The law is called the Health Insurance Portability and Accountability Act (HIPAA). There are also state laws to protect your health privacy. These laws say that the Healthy Families Program must keep your health information private except in special cases. The special cases are explained in this notice. The laws also say that Healthy Families must give you this notice to read.

How HIPAA defines protected health information

The law says health information that is protected is "individually identifiable health information that is created, received, sent or maintained by us." This means that

  • information we have about your physical or mental health in the past, present and future is private,
  • the health care you get through the Healthy Families Program is private, and
  • payment for your past, present and future health care is private.

How we may use and disclose the information

The law says that Healthy Families may use and tell (disclose) a person's protected health information to make sure that person gets treatment. We may also use and tell health information to pay the Program's share of health costs and for health care operations.

Here are examples of this:

  • For treatment: The Healthy Families Program may use a person's protected health information to make sure they get treatment or services. For example, your doctor or provider or hospital might check to see if you are enrolled in the Healthy Families Program. Also, when you enroll your child in the Healthy Families Program we tell the health plan you chose that you are enrolled. That way, the providers know they can give your child treatment under the Program.
  • For payment: The Healthy Families Program may also use and tell a person's protected health information in order to pay for treatment and services. For example, every month we pay the health plan you chose for your child. When we pay the health plan, we also give the plan a list of the names of people we are paying for. We may also get a record of your protected health information from the company that administers the Healthy Families Program for us (called our "third party administrator"). We share that information with the health plan to make sure that our records are the same and we have paid the plan correctly.
  • For health care operations: The Healthy Families Program may also use and tell protected health information for operational purposes. For example, we may share a person's protected health information with people who evaluate our Program for us. We may also use the information to decide about eligibility, to do an audit, to process an appeal, and to administer the Program.

Also, the Healthy Families Program may use your protected health information to tell you about health-related benefits that you might want.

When we may use and disclose without written permission

There are certain cases when The Healthy Families Program may use or tell a person's protected health information without written permission. For example, Healthy Families may tell a person's protected health information to the United States Secretary of Health and Human Services if they are investigating to make sure we are obeying the law.

The Healthy Families Program does not need written permission to use or share a person's protected health information in these cases:

When the law requires or permits

  • Because there is a subpoena, court order, or judge's order
  • To report information about child abuse or neglect
  • For a law enforcement purpose to a law enforcement official

Note: When a parent enrolls a child in The Healthy Families Program, the Program does not collect or report information about the parent's immigration status to the CIS.

Public Health: To help public health authorities prevent or control disease or injury.

Health and Safety: To prevent a serious threat to a person or the public's health and safety.

Individuals who have died: To help funeral directors or coroners carry out their duties.

Health Oversight: To help agencies tell if the Healthy Families Program is obeying the law.

Specialized Government Functions: To share information about eligibility to Medi-Cal, for example, because of the Single Point of Entry system that coordinates enrollment for the two programs.

Research: For research purposes when an institutional review board or privacy board has read the research proposal and set up procedures to protect privacy and has approved the research.

Benefit Programs for Work-Related Injuries: To obey laws related to workers' compensation or other programs that give benefits for work-related injuries or illness no matter who was at fault.

When we may use and disclose with written permission

The Healthy Families Program will not tell a person's protected health information other than in the cases we listed unless we have written permission from the person or a parent or guardian who has authority to act on the person's behalf. The person who gave the written permission has the right to take it back at any time to stop future disclosures.

Your privacy rights

A person, or a parent or guardian who has authority to act for that person, has these rights:

  • Right to ask for restrictions. This means the right to ask Healthy Families not to use or tell certain protected health information. However, The Healthy Families Program does not have to agree. Healthy Families may not agree with requests about protected information to carry out treatment, payment or health care operations, or requests about telling a family member, other relative, or close personal friend when the information is important to the person's involvement with care or payment for the care.
  • Right to ask for confidential communications. This means the right to ask the Healthy Families Program to make contact only in writing or at a different address, post office box, or telephone number. We will do that if you say it is necessary to protect the person's safety.
  • Right to get protected health information. This means the right to look at or get a copy of information Healthy Families has about the person. There may be a small charge for the copies. We may deny your request for reasons allowed by law, but if we do, you can ask us to review our denial.
  • Right to ask us to correct protected health information. This means the right to ask that the information in our records be changed if it is not right or if you want something added. We may deny your request if the information came from somewhere else or if we believe the information is correct and complete. You may ask for a review of our decision. You may also send us a written statement disagreeing with our decision. The Healthy Families Program will keep your statement with your records.
  • Right to get information about our disclosures. This means the right to ask for a list of who we share protected health information with when it is not for reasons of treatment, payment, or health care operations (and certain other reasons stated in the law.) It also means the right to know what information was told and when and why.
  • Right to get a paper copy of this notice. This means the right to get a paper copy of this Notice of Privacy Practices when you ask for it.

How to use your pirvacy rights

The Healthy Families Program must obey the rules in this Notice of Privacy Practices. However, we have the right to change it. If we do change it, we will send everyone who is in the Healthy Families Program a copy of the new Notice right away.

If you want more information

If you want more information about your privacy rights, or if you have questions, please write to:

Privacy Officer
Healthy Families Program
Managed Risk Medical Insurance Board (MRMIB)
PO Box 2769
Sacramento, CA 95812-2769

Or call:

1-916-324-4695

Remember: The Healthy Families program does not have complete copies of your medical records. If you want to look at, get a copy of or change your medical records, please call your doctor, provider or health plan. Thank you.

How to make a complaint

If you believe your privacy rights have been violated, you may complain in writing.
Write to:

Privacy Officer
Healthy Families Program
Managed Risk Medical Insurance Board (MRMIB)
PO Box 2769
Sacramento, CA 95812-2769

Or call:

1-916-324-4695

Or, write to the Secretary of the United States Department of Health and Human Services.
Here is the address:

Secretary of the U.S. Department of Health and Human Services
Office for Civil Rights
Attention: Regional Manager
50 United Nations Plaza, Room 322
San Francisco, CA 94102

You may call 1-800-368-1019 or 1-866-OCR-PRIV (1-866-627-7748)
to reach the Office of Civil Rights by telephone.

The TTY number is: 1-866-788-4989

No Punishment

The Healthy Families Program will not take away your health care benefits or punish you in any way if you make a complaint or if you use any of the privacy rights in this notice.

If you have questions, call 1-866-848-9166. You can call between 8 a.m. and 8 p.m., Monday through Friday, and Saturday from 8 a.m. to 5 p.m. The call is free.