One of the rights that the HIPAA privacy rules has given to patients and health plan members is the right to confidential communications. HIPAA does not specifically define "confidential communications" so the terms confidential and communications have their usual meaning when we use them in relation to health care and HIPAA. In everyday use confidential means to keep something private, in this case your health information. Communications is the passing of your health information to and from, between several individuals or business entities.
HIPAA does set a standard for confidential communications, including some implementation specifications. In other words the rule outlines when you can have confidential communications and what the rules of the road are to get confidential communications.
Under the HIPAA Privacy Rule a health plan, including BSBSA FEP, must permit you to ask for confidential communications. It must also permit any reasonable request you make to receive your health information from FEP by an alternative means or at an alternative location, especially if the information that FEP is sending you could endanger you or a member of your family.
There are several requirements that FEP may request of you when you make such a request.
- FEP may require you to make the request for confidential communications in writing so that they will have a record within your file at their offices;
- If you ask FEP to use a different address it should not complicate payment to FEP; and
- FEP may require you to provided a written statement that the information could endanger you or a member of your family.
There are many instances where you may request confidential communications. For example:
- You may not want certain treatment information disclosed to specific family members. You may ask that the information be sent to your work address or provided to a specific telephone number. Remember a home phone is a family tool!
- You may request that information be provided in a closed envelope rather than on a post card open for anyone to read.
- If you ask that FEP send an explanation of benefits [EOBs] about particular services to your work address rather than your home address because you have concerns that a member of your family would read the EOB and become abusive you will be making a 'reasonable request' and FEP should honor your request.
- FEP may refuse your request if you do not include in your request how payment will be handled. In other words your request for confidential communications may not cut off all payment routes.
FEP has a confidential communication policy and procedure that they use when you to make this type of request. They are prepared to receive your request, so do not be afraid to ask. They will be able send your information to an address different than your home and to call you at an alternative phone number if you ask.
To request a confidential communication, you can request the form from the FEP. This form will ask you for basic information, as well and any alternative addresses or phone numbers you would like used. It will also ask you to state the reason for the confidential communications request.
Please keep in mind when you make a request that many health plans will not send your information via email over an open environment such as the Internet. Due to security issues, they will not transmit your health information in electronic form over an unsecured environment. If you ask for this type of communication you may find that it will be denied.