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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />46 <br />(11) utilization review, including pre-certification, preauthorization, concurrent review <br />and retrospective review; <br />(12) disclosure to consumer reporting agencies related to the collection of premiums <br />or reimbursement (the following PHI may be disclosed for payment purposes: <br />name and address, date of birth, Social Security number, payment history, <br />account number and name and address of provider and/or health plan); and <br />(13) reimbursement to the Plan. <br />(b) Health care operations include, but are not limited to, the following activities: <br />(1) quality assessment; <br />(2) population-based activities relating to improving health or reducing health care <br />costs, protocol development, case management and care coordination, disease <br />management, contacting health care providers and patients with information <br />about treatment alternatives and related functions; <br />(3) rating provider and Plan performance, including accreditation, certification, <br />licensing or credentialing activities; <br />(4) underwriting, premium rating and other activities relating to the creation, <br />renewal or replacement of a contract of health insurance or health benefits, and <br />ceding, securing or placing a contract for reinsurance of risk relating to health <br />care claims (including stop-loss insurance and excess of loss insurance); <br />(5) conducting or arranging for medical review, legal services and auditing function, <br />including fraud and abuse detection and compliance programs; <br />(6) business planning and development, such as conducting cost-management and <br />planning-related analyses related to managing and operating the Plan, including <br />formulary development and administration, development or improvement of <br />payment methods or coverage policies; <br />(7) business management and general administration activities of the Plan, <br />including, but not limited to: <br />(i) management activities relating to the implementation of and compliance <br />with HIPAA’s administrative simplification requirements; and <br />(ii) customer service, including data analyses for policyholders. <br />(8) resolution of internal grievances; and <br />(9) due diligence in connection with the sale or transfer of assets to a potential <br />successor in interest, if the potential successor in interest is a covered entity <br />under HIPAA or following completion of the sale or transfer, will become a <br />covered entity. <br />19.2 Employer’s Obligations under the Privacy Rules. Under the Privacy Rules, the Plan may <br />not disclose PHI to the Employer unless the Employer certifies that the Plan document has been <br />amended to provide that the Plan will make such disclosures only upon receipt of a certification <br />from the Employer that the Plan has been amended to include certain conditions to the <br />Employer’s receipt of PHI and that Employer agrees to those conditions. By adopting this Plan <br />document, the Employer certifies that the Plan has been amended as required by the Privacy <br />Page 139 of 254