Q. What is the "Notice of the Office of Personnel Management's Privacy Practices"?
A.
The Notice of the Office of Personnel Management's Privacy Practices (NPP) is a document that describes how OPM may use and give out-- "disclose"--individually identifiable health information -your personal health information.
Q. Why does this appear in the FEHB Plan brochures?
A.
The Health Insurance Portability and Accountability Act (HIPAA) requires that we prepare and distribute our Notice of Privacy Practices. Since all individuals enrolled in the Federal Employees Health Benefits (FEHB) Program receive a copy of their Plan brochure, we believe that this was the most cost-effective way to ensure that we complied with this requirement.
Q. What is the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and does it apply to persons with FEHB Coverage?
A.
The Health Insurance Portability and Accountibiliy Act of 1996 (HIPAA) is a Federal law that provides far-reaching health insurance reforms and medical privacy protections for all Americans. Title 1 of HIPAA offers important, though limited, Federal protections that improve the availability and continuity of health coverage for workers and their families. Under certain conditions, this law guaranteees the availability of new health coverage with no exclusions for pre-existing conditions for individuals who lose employment-based health coveragedue to changes in employment or family status. The department of the Treasury, Labor, and Health and Human Services are jointly responsible for Federal rules conserning health enforcment authority to the individual sstates and allows states to impose more generous protections that those under HIPAA, a key source of information for individuals is your State Insurance Commissioner.
Q. Where can i get help with determining if I may be eligible for HIPAA health coverage protection?
A.
The Centers for Medicare and Medicaid Services in the Department of Health and Human Services, offers two resources to help answer questions about HIPAA health insurance protections and individual eligibilty. HIPAA OnLine is an interactive tool that provides information about HIPAA right anbd protections based on the user's responses to questions about personal health coverage and life events. There is also a booklet entitled Protecting Your Health Insurance Coverage (see "publications" link on the website). Both resources are available on the Internet at www.cms.hhs.gov/HIPAAGenInfo/. Single copies of the booklet are also available on request form 1-800-MEDICARE (1-800-633-4227), or TTY/TDD, at 1-877-486-2048.
HIPAA OnLine also has direct links to Federal and State contacts for information about health coverage protections under HIPAA. An Internal Revenue Service publication entitled Deciding Whether to Elect COBRA Health Care Cintinuation Coverage After the Enactment of HIPAA is available on the IRS website at www.irs.gov/newsroom/. As explained in OPM pamphlet RI 79-27. Temporary Continuation of Coverage (TCC) under the FEHB Program (p.1), Federal employees must exhaust any TCC eligibility (which corresponds to COBRA provisions for private sector employees) as one condition for guaranteed access to individual health coverage under HIPAA.
Q. When I leave the FEHB Program, I understand I will get a certification that I had group coverage that I can use to get new coverage with my private industry employer. Will my agency or my plan certify my insurance coverage?
A.
We require FEHB carriers to issue certifications of prior coverage to enrollees. They issue certifcations automatically whenever covergage terminates, whether it is termination of regular coverage, TCC coverage, or Spouse Equity coverage. If the plan does not certify your coverage, you should write to them and ask them to send you certification of coverage.
Q. Does OPM have copies of my medical records?
A.
Generally, no. OPM does not process claims, and does not have access to your personal medical information. The exception is if you have filed a disputed health benefits claim with us. If you have not filed a disputed claim we do not have any of your personal health information.
Q. What health information or medical records does OPM have if I've filed a disputed claim?
A.
When you file a disputed claim, you give OPM permission to review any information related to that claim, including medical information your FEHB plan used to make its initial determination as well as medical information you submitted to your FEHB plan or directly to us to support your claim. Information from your plan is provided to OPM so that we may make a determination on benefits.
Q. Regardless, I'd like to find out what personal health information OPM has, and who they have released that information to. How do I do that?
A.
The Notice of Privacy Practices provides details on how to get this information. You have a right to file a complaint directly with us, or request information we may have about you. We will respond to all written inquiries requesting a copy of your medical information held by OPM.
Q. If I request a copy of my medical records, am I required to pay for the copies?
A.
The Privacy Rule permits OPM to impose reasonable, cost-based fees. The fee may include only the cost of copying (including supplies and labor) and postage, if you request that the copy be mailed. We expect to charge an amount similar to that used for Freedom of Information Act (FOIA) requests.
Q. Will I receive any other Notice of Privacy Practices?
A.
Yes. You will receive a separate Notice of Privacy Practices from your FEHB plan, as well as any providers that you see -including physicians and hospitals.
Q. If I believe that my privacy rights have been violated, where and when can I submit a complaint?
A.
If you believe that OPM is not complying with a requirement of the Privacy Rule you may file with either OPM or the Department of Health and Human Services (HHS) Office of Civil Rights a written complaint, either on paper or electronically. This complaint must be filed within 180 days of when the complainant knew or should have known that the act had occurred. For more information on how to file a complaint with OPM, please review our NPP. For instructions and information on how to file a complaint directly with HHS, please refer to their website www.hhs.gov/ocr/hipaa/.
Q. How can I find out more about HIPAA?
A.
We suggest that you look at The Department of Health and Human Services website (specifically HHS's Office of Civil Rights), since they are tasked with writing and enforcing these regulations. Here are two links:
U.S. Office of Personnel Management 1900 E Street NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532