Security Benefit Notice of Privacy Practices
Effective Date: April 14, 2004
Last Updated: November 1, 2010
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE
USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
This Notice tells you about the ways in which Security Benefit
(referred to as "the Company") may collect, use, and disclose your
protected health information, and your rights concerning your
protected health information. "Protected health information" is
information about you, including demographic information, that can
reasonably be used to identify you and that relates to your past,
present, or future physical or mental health or condition, the
provision of the health care to you, or the payment for that care.
Protected Health Information also includes your genetic information
as defined in Section 201 of the Genetic Information
Nondiscrimination Act of 2008.
The Company is required by federal and state laws to provide you
with this Notice about your rights and our legal duties and privacy
practices with respect to your protected health information. We
must follow the terms of this Notice while it is in effect. Some of
the uses and disclosures described in this Notice may be limited in
certain cases by applicable state laws that are more stringent than
the federal standards.
HOW WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH
The Company may use and disclose your protected health
information for different purposes. The examples below are provided
to illustrate the types of uses and disclosures we may make without
your authorization for payment, health care operations and
- Payment. We use and disclose your protected health information
in order to pay for your covered health expenses. For example, we
may use your protected health information to process claims or be
reimbursed by another insurer that may be responsible for
- Health Care Operations. We use and disclose your protected
health information in order to perform our planned activities, such
as quality assessment activities or administrative activities,
including data management or customer service. In some cases, we
may use or disclose the information for determining health care
- Treatment. We may use and disclose your protected health
information to assist your health care providers (doctors, mental
health practitioners, pharmacies, hospitals, ambulance services and
others) in your diagnosis and treatment. For example, we may
disclose your protected health information to providers to provide
information about alternative treatments.
- Plan Sponsor. If you are enrolled through a group health plan,
we may provide enrollment/disenrollment information and summaries
of claims and expenses for enrollees in a group health plan to the
plan sponsor, who may also be an employer.
- Enrolled Dependents and Family Members. We will mail
explanation of benefits forms and other mailings containing
protected health information to the address we have on record for
the subscriber of the health plan.
OTHER PERMITTED OR REQUIRED DISCLOSURES
- As Required by Law. We must disclose protected health
information about you when required to do so by law.
- Public Health Activities. We may disclose protected health
information to public health agencies for reasons such as
preventing or controlling disease, injury or disability.
- Victims of Abuse, Neglect or Domestic Violence. We may disclose
protected health information to government agencies about abuse,
neglect or domestic violence.
- Health Oversight Activities. We may disclose protected health
information to government oversight agencies (e.g., state insurance
departments) for activities authorized by law.
- Judicial and Administrative Proceedings. We may disclose
protected health information in response to a court or
administrative order. We may also disclose protected health
information about you in certain cases in response to a subpoena,
discovery request or other lawful process.
- Law Enforcement. We may disclose protected health information
under limited circumstances to a law enforcement official in
response to a warrant or similar process; to identify or locate a
suspect; or to provide information about the victim of a
- Coroners, Funeral Directors, Organ Donation. We may release
protected health information to coroners or funeral directors as
necessary to allow them to carry out their duties. We may also
disclose protected health information in connection with organ or
- Research. Under certain circumstances, we may disclose
protected health information about you for research purposes,
provided certain measures have been taken to protect your
- To Avert a Serious Threat to Health or Safety. We may disclose
protected health information about you, with some limitations, when
necessary to prevent a serious threat to your health and safety or
the health and safety of the public or another person.
- Special Government Functions. We may disclose information as
required by military authorities or to authorized federal officials
for national security and intelligence activities.
- Workers' Compensation. We may disclose protected health
information to the extent necessary to comply with state law for
workers' compensation programs.
- Health Information That is Not Protected. We may disclose
health information about you that is not "protected health
information;" that is, information used in a way that does not
personally identify you or reveal who you are.
OTHER USES OR DISCLOSURES WITH AN AUTHORIZATION
Other uses or disclosures of your protected health information
will be made only with your written authorization, unless otherwise
permitted or required by law. You may revoke an authorization at
any time in writing, except to the extent that we have already
taken action on the information disclosed or if we are permitted by
law to use the information to contest a claim or coverage under a
YOUR RIGHTS REGARDING YOUR PROTECTED HEALTH INFORMATION
You have certain rights regarding protected health information
that we maintain about you.
- Right to Access Your Protected Health Information. You have the
right to review or obtain copies of your protected health
information records, with some limited exceptions. Usually the
records include enrollment, billing, claims payment, or
case/medical management records. Your request to review and/or
obtain a copy of your protected health information records must be
made in writing. We may charge a fee for the costs of producing,
copying and mailing your requested information, but we will tell
you the cost in advance.
- Right to Amend Your Protected Health Information. If you feel
that protected health information maintained by us is incorrect or
incomplete, you may request that we amend the information. Your
request must be made in writing and must include the reason you are
seeking a change. We may deny your request if, for example, you ask
us to amend information that was not created by us, or if you ask
to amend a record that is already accurate and complete.
- Your Rights if a Request is Denied. If we deny your request to
amend your protected health information, we will notify you in
writing. You then have the right to submit to us a written
statement of disagreement with our decision and we have the right
to disagree with that statement.
- Right to an Accounting of Disclosures Made by Us. You have the
right to request an accounting of disclosures we have made of your
protected health information. The list will not include our
disclosures related to your treatment, to payment, to health care
operations, or disclosures made to you or with your authorization.
The list may also exclude certain other disclosures, such as for
national security purposes. Your request for an accounting of
disclosures must be made in writing and must state a time for which
you want an accounting. This time period may not be longer than six
years and may not include dates before April 14, 2004. Your request
should indicate in what form you want to receive the list (for
example, on paper or electronically). The first accounting that you
request within a 12-month period will be free. For additional lists
within the same time period, we may charge for providing the
accounting but we will tell you the cost in advance.
- Right to Request Restrictions on the Use and Disclosure of Your
Protected Health Information. You have the right to request that we
restrict or limit how we use or disclose your protected health
information for treatment, payment or health care operations. We
may not agree to your request. If we do agree, we will comply with
your request unless the information is needed for an emergency. You
may also restrict access to your Protected Health Information if
you pay for medical services in full, outside of the plan. Your
request for a restriction must be made in writing. In your request,
you must tell us (1) what information you want to limit; (2)
whether you want to limit how we use or disclose your information,
or both; and (3) to whom you want the restrictions to apply.
- Right to Receive Confidential Communications. You have the
right to request that we use a certain method to communicate with
you, such as paper or electronic communication, or that we send
information to a certain location if the communication could
endanger you. Your request to receive confidential communications
must be made in writing. Your request must clearly state that all
or part of the communication from us could endanger you. We will
accommodate all reasonable requests. Your request must specify how
or where you wish to be contacted.
- Right to Notice of Breach. You have the right to be notified of
any breach of your Protected Health Information, except the
unintentional, access, or use of information that does not meet the
definition of "breach" pursuant to applicable guidance from the
Department of Health and Human Services.
- Right to a Paper Copy of this Notice. You have a right at any
time to request a paper copy of this Notice, even if you had
previously agreed to receive an electronic copy.
- Contact Information for Exercising your Rights. You may
exercise any of the rights described above by contacting our
Privacy Office. See the end of this Notice for the contact
HEALTH INFORMATION SECURITY
Security Benefit requires its employees to follow the SB
security policies and procedures that limit access to health
information to those employees who need it to perform their
responsibilities. In addition, SB maintains physical,
administrative and technical security measures to safeguard your
protected health information.
CHANGES TO THIS NOTICE
We reserve the right to change the terms of this Notice at any
time, effective for protected health information that we already
have about you as well as any information that we receive in the
future. We will provide you with a copy of the new Notice whenever
we make a material change to the privacy practices described in
this Notice. We also post a copy of our current Notice on our
intranet website. Any time we make a material change to this
Notice, we will promptly revise and post the new Notice with the
new effective date.
If you believe that your privacy rights have been violated, you
may file a complaint with us and/or the Secretary of the Department
of Health and Human Services. All complaints to Security Benefit
must be made in writing and sent to the privacy official listed at
the end of this Notice. We support your right to protect the
privacy of your protected health information. We will not retaliate
against you or penalize you for filing a complaint.
CONTACT SECURITY BENEFIT
If you have any complaints or questions about this Notice or you
want to submit a written request to Security Benefit as required in
any of the previous sections of this Notice, please contact:
James T. Janousek
One Security Benefit Place
Topeka, Kansas 66636-0001
Phone: (785) 438.3038
Fax: (785) 368.1353
You may also contact:
HHS Region 7 - Kansas City, MO
Office of Civil Rights 1201 Walnut, Suite 2334
Kansas City, MO 64106