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Privacy Policy

​Flexible Spending Accounts

PRIVACY NOTICE

State of Oklahoma Employees Benefits Department

Flexible Spending Accounts/Oklahoma State Wellness Council Thrive

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

The State of Oklahoma Employees Benefits Department (EBD) is committed to protecting the privacy of your health information and abiding by all state and federal laws regarding that protection. Privacy protection already exists under state laws. This written notice is an extension of those laws. This notice is to inform you on how we may use or release your health information. It also tells you about your rights and the agency’s requirements concerning the use and disclosure of your health information.

HEALTH INFORMATION RIGHTS

Right to Inspect and Copy: You have the right to inspect and obtain a copy of your health information that EBD maintains.  However, the law does make certain exceptions including psychotherapy notes and information compiled in anticipation of or use in civil, criminal, or administrative actions or proceedings.

  • Right to Request an Amendment:  If you feel that health information we have about you is incorrect or incomplete, you may ask us in writing to amend the information.  We may deny your request if it is not in writing, it does not include a reason, the information was not created by us, or the information is determined to be accurate and complete.
  • Right to an Accounting of Disclosures:  You have the right to request an “accounting of disclosures", that is, a list of the disclosures we made of your health information, other than disclosures for purpose of treatment, payment or operations.  Your request must not go back more than six years and must not include dates prior to April 14, 2003.
  • Right to Request Restrictions:  You have the right to request a restriction or limitation on the health information we use or disclose about you for treatment, payment or health care operations.  We are not required to agree to your request.
  • Right to Request Confidential Communication:  You have the right to request that we communicate with you about health care matters in a certain way or at a certain location.  EBD will accommodate all reasonable requests.
  • Right to a Paper Copy of this Notice:  You have the right to request a paper copy of this notice from EBD at any time.  You may also obtain a copy of this notice at our website: www.ebd.ok.gov

To exercise these rights, a request for inspecting, copying, making restrictions, or obtaining an accounting of your health information must be made in writing to:  Office of Management and Enterprise Services, Privacy Officer, 2401 N. Lincoln Blvd., Room 112, Oklahoma City, OK 73105, (405) 522-1190.  Copying costs may apply.

HOW EBD MAY USE AND DISCLOSE HEALTH CARE INFORMATION

Your health information may be used and released by EBD for treatment, payment, administrative, and operational purposes and to evaluate quality of services.  EBD provides a wide range of services; therefore, not all types of uses and releases can be described in this document.  We have listed some common examples of permitted uses and releases below.

  • For Treatment:  EBD may use your health information to determine your risks for certain types of diseases.  EBD employees, subcontractors, and state agencies may share health information about you in order to coordinate disease management programs.
  • For Payment:  EBD may use your health information to reimburse you for medical claims submitted to EBD’s Flexible Spending Accounts.
  • For Operations:  EBD may use and release information about you to ensure that the services and benefits provided to you are appropriate and are high quality.  We may share your health information with business partners who perform functions on behalf of EBD.  EBD requires that our business partners abide by the same level of confidentiality and security as we do when handling your health information.
  • To Other Government Agencies Providing Benefits or Services:  EBD may release your health information to other government agencies that are providing you with benefits or services when the information is necessary for you to receive those benefits and services.
  • For Health Oversight Activities:  EBD may share your health information with other divisions within the agency and with other agencies for oversight activities as required by law.  Examples of these oversight activities include audits, inspections, investigations and licensure.
  • For Law Enforcement:  EBD may release health information to a law enforcement official, subject to applicable federal and state law and regulations, for purposes that are required by law or in response to a court order or subpoena.
  • Lawsuits and Disputes:  If you are involved in a lawsuit or a dispute, EBD may release health information about you in response to a court or administrative order. We may also release health information about you in response to a subpoena, discovery request, or other lawful process.
  • For Communications:  EBD may use and disclose your information to provide you with information including sending you disease management reminders, information about new health-related benefits or services, or our newsletters.
  • To Coroners, Medical Examiners and Funeral Directors:  EBD may release health information to a coroner, medical examiner or funeral director as necessary to carry out duties as authorized by law.
  • To Avert a Serious Threat to Health or Safety:  EBD may release your health information if it is necessary to prevent a serious threat to your health and safety or to the health and safety of the public or another person.
  • As Required by Law:  We will disclose health information about you when required to do so by federal, state, or local law.  (Examples include disclosures for reporting suspected abuse or neglect or for public health activities).

All other uses and disclosures other than those listed above will be made only with your authorization, which you may revoke at anytime in writing.  State and Federal laws require EBD to maintain the privacy of your health information, and we are required to give you this notice of our legal duties and privacy practices.  We are required to follow the terms of this notice.

EBD reserves the right to revise this notice.  We reserve the right to make the revised notice effective for the health information we already have about you, as well as any information we create or receive in the future.  We will post a copy of any revised notice on our website at .www.ebd.ok.gov.  We will provide you with a copy of a revised notice only upon request. 

If you believe your privacy rights have been violated, you may file a complaint with the Privacy Officer of EBD.  To do so call EBD at (405) 522-1190 or call toll free at 1-800-219-8115.  You need to do this within 180 days after the event that caused concern happened.  You can also complain to the Office of Civil Rights, by calling 866-OCR-PRIV (866-627-7748) or 886-788-4989 TTY.  There will be no penalty or retaliation for filing a complaint.