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ARTICLE XIII. <br />HIPAA PROVISIONS <br />The Privacy Rules and Security Rules under the HIPAA apply to certain Optional Benefits that <br />constitute "covered entities" within the meaning of HIPAA (e.g., employer-sponsored health plans). <br />13.1 Use and Disclosure of PHI. The Plan will use PHI to the extent of and in accordance with the <br />uses and disclosures permitted by HIPAA. Specifically, the Plan will use and disclose PHI for <br />purposes related to health care treatment, payment for health care and health care operations. <br />(a) Payment includes activities undertaken by the Plan to obtain premiums or determine or <br />fulfill its responsibility for coverage and provision of Plan benefits that relate to an <br />individual to whom health care is provided. These activities include, but are not limited <br />to, the following: <br />(1) Determination of eligibility, coverage and cost sharing amounts (for example, <br />cost of a benefit, plan maximums and co-payments as determined for an <br />individual's claim); <br />(2) Coordination of benefits; <br />(3) Adjudication of health benefits claims (including appeals and other payment <br />disputes); <br />(4) Subrogation of health benefit claims; <br />(5) Establishing employee contributions; <br />(6) Risk adjusting amounts due based on enrollee health status and demographic <br />characteristics; <br />(7) Billing, collection activities and related health care data processing; <br />(8) Claims management and related health care data processing, including auditing <br />payments, investigating and resolving payment disputes and responding to <br />participant inquiries about payments; <br />(9) Obtaining payment under a contract for reinsurance (including stop-loss and <br />excess of loss insurance); <br />(10) Medical necessity reviews or reviews of appropriateness of care or justification of <br />charges; <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 />©2007 Hitesman & Associates, P.A. 32 Elk River Municipal Utilities <br />122707 Flexible Benefits Plan <br />