Privacy Policy

The Department of Health and Human Services, Office of the Secretary, issued the final Regulations establishing Standards for Privacy of Individually Identifiable Health Information on August 14, 2002. In order to comply with these Regulations, the Pacific Federal Companies (“Pacific Federal”), which includes PacFed Benefit Administrators, Inc., The Planning Corporation and Outsource Depot, Inc., have established a Privacy Policy, effective March 1, 2003.

The Regulations have defined Protected Health Information (PHI) as individually identifiable health information that is transmitted or maintained by electronic media or is transmitted or maintained in any other form or medium. PHI, under the final Regulations, may be disclosed by a covered entity for the purposes of health care treatment, payment, or operations. Any other use of PHI requires the written consent of the individual.

Pacific Federal has designated as Co-Privacy Officers, Ann Elkin and Lori Brogin. They will be responsible for the implementation of policies and procedures relating to privacy. The Privacy Officer who will serve as contact person for individuals who have questions, concerns or complaints about the privacy of their PHI is Ann Elkin. Pacific Federal has made available, for this purpose, a 24-hour telephone number (800) 753-0222.

Pacific Federal has concluded that the use of PHI is essential to the operation of the companies; therefore, every employee of Pacific Federal will have access to PHI. To ensure the privacy of individuals’ PHI, the following rules have been established:

1. Visitors to Pacific Federal
   1. All visitors to Pacific Federal must be authorized and sign in before entering through the locked reception area doors. Similarly, all visitors must sign out prior to leaving Pacific Federal’s offices.
   2. Visitors must have an escort in order to move about the company.
   3. All visitors must wear, at all times, a Pacific Federal issued badge.
   4. Visitors are made aware of “restricted areas” they may not enter through the use of conspicuous signs.
2. Claims Data
   1. Pacific Federal employees will only disclose PHI to a Covered Entity (the Health Carrier or Health Plan), or a Business Associate affiliated with the Group/Trust if a Business Associate Agreement with that Covered Entity and/or Business Associate is on file with the Group/Trust.
   2. Pacific Federal employees will disclose PHI to a third party that is not a Covered Entity or Business Associate, ONLY upon written authorization by the patient for a specific incident and purpose and a specific period of time.
   3. Pacific Federal employees, in the course of their duties, shall disclose only the “minimum necessary information” PHI.
   4. All paper refuse that includes PHI must be placed in one of the secure document bins for later shredding and recycling.
   5. Any written claims information, transported between offices shall be in a covered folder.
   6. All faxed claims information will be sent to dedicated fax machines.
   7. Mail containing PHI will be immediately placed in a folder for transportation to a secure PHI area.
3. Restriction Request
   1. Pacific Federal will comply, in certain circumstances, with an individual’s written request that certain PHI not be disclosed to a health plan for purposes of carrying out payment or health care operations if the PHI pertains solely to a health care item or service for which a health care provider has been paid in full.
4. Sale of Protected Health Information
   1. Pacific Federal will not directly or indirectly receive remuneration in exchange for any PHI unless it first obtains a valid authorization from the individual whose PHI is being disclosed.
5. Disclosure Accounting
   1. Pacific Federal will maintain an accounting of all electronic PHI disclosed for the purposes of treatment, payment or healthcare operations.
6. Electronic Health Records
   1. Pacific Federal does not maintain individual health records.
7. Union Representation
   1. If PHI must be disclosed in dealing with a union representative (i.e. business agent or shop steward) a completed, written authorization form must be obtained from the individual whose PHI must be disclosed, allowing the union representative to act as the individual’s agent.
8. Employer Representation
   1. If PHI must be disclosed in dealing with an employer representative (i.e. HR department and personnel) a completed, written authorization form must be obtained from the individual whose PHI must be disclosed, allowing the employer’s representative to act as the individual’s agent.
9. Complaint Mechanism
   1. A verbal complaint may be registered with the Privacy Officer.
   2. A written complaint may be made by;
      1. U.S. Mail
      2. Fax
      3. Email
10. Sanctions for Non-Compliance
    1. Non-compliance with the Pacific Federal Privacy Policy shall subject an employee to the Disciplinary Actions of the Pacific Federal Employee Manual.

Pacific Federal employees are trained in the procedures to determine what the minimum necessary information is, and how to apply those procedures to use and disclosure.

The Privacy Officers will monitor the privacy practices and procedures on a regular basis to ensure that policies and procedures are routinely being followed.

In the event there is non-compliance with this Policy and PHI is impermissibly disclosed, Pacific Federal’s Privacy Officers shall be contacted immediately. Pacific Federal’s Privacy Officers shall then evaluate such non-compliance on a case by case basis, and determine those next steps that are necessary to remedy and/or notify affected individuals of such non-compliance. If appropriate, Pacific Federal’s Privacy Officers will take measures, to the extent possible, to mitigate the effects of such non-compliance. Similarly, to the extent possible and if necessary, Pacific Federal will take the appropriate steps to notify affected individuals of the unauthorized disclosure of their PHI within the time frame mandated by law. These steps may include notification by first class mail, telephone, and/or through media outlets. In all cases, Pacific Federal’s Privacy Officers shall document in Pacific Federal’s “HIPPA Privacy and Security” notebook any non-compliance or suspected non-compliance with Pacific Federal’s Privacy Policy that may have resulted in the impermissible disclosure of PHI. Pacific Federal will verify that Plan Sponsors and Business Associates are in compliance with HIPAA Regulations (security and privacy) by requiring documentation to that effect.

Should you have any further questions or concerns regarding Pacific Federal’s Privacy Policy, please feel free to contact Pacific Federal at 818-243-0222.