| Lapeer Community Schools |
| Bylaws & Policies |
3419.02 - PRIVACY PROTECTIONS OF FULLY INSURED GROUP HEALTH PLANS
The Board of Education provides coverage to eligible employees under fully insured group health plans. The Board has established the following fully insured group health plans:
| A. | Medical Plan | |
| B. | Prescription Drug Plan | |
| C. | Dental Plan | |
| D. | Vision Plan |
The Board acknowledges that these group health plans are required to comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Fully insured group health plans generally are exempt from many of the requirements imposed upon self-funded group health plans.
The fully insured group health plans established by the Board shall:
| A. | Refrain from taking any retaliatory action against any individual from exercising any right under the plan, filing a complaint with Health and Human Services, participating in any proceeding under Part C of Title XI of the Social Security Act, or opposing any act or practice made unlawful by the Privacy Rule provided that the individual has a good faith belief that the practice opposed is unlawful. | |
| B. | Not impose a requirement that participants waive their rights under the Privacy Rule as a condition of the provision of payment, enrollment in a health plan, or eligibility of benefits. | |
| C. | If the plan document is amended in accordance with the Privacy Rule, the plan must retain a copy of the plan document as amended for six (6) years from the date of its amendment or the date when it last was in effect, whichever is later. |
Fully insured group health plans established by the Board shall not create or receive protected health information, except for:
| A. | summary health information | |
| Summary health information is de-identified information that summarized claims history, claims expenses, or type of claims experienced by health plan participants. | ||
| B. | Information on whether an individual is participating in a group health plan, or is enrolled in or has disenrolled from a health insurance issuer or HMO offered by the plan. |
The Superintendent shall appoint a Privacy Protection Officer of the group health plans. The Superintendent delegates authority to the Privacy Protection Officer to develop and implement the internal policies and procedures for the group health plan(s) relating to the use and disclosure of Protected Health Information. In the event that the HIPAA Privacy Rule is subsequently amended, the Privacy Protection Officer is authorized to make necessary amendments to the internal policies and procedures. The Privacy Protection Officer shall develop administrative guidelines necessary to implement this policy.
Since the Department of Health and Human Services (HHS) has the authority to impose civil monetary penalties (CMP) for violations of the HIPAA Privacy Rule, the Board agrees to indemnify and hold harmless the Privacy Protection Officer for any CMP imposed upon him/her in connection with the performance of his/her duties for the group health plans. Notwithstanding the foregoing language, the Board shall not indemnify the Privacy Protection Officer in the event the CMP was imposed as the result of intentional misconduct or gross negligence by the Privacy Protection Officer.
Adopted 2/3/05