1. The IA Personal Health Record Web Portal
Your personal health record (“PHR”) is your voluntary online resource to store, maintain, track, and organize your health information in a centralized private and secure location. The information in your PHR is secured and confidential. IA does not review the contents of your PHR, except as may be necessary to provide the service (for example, we may incidentally review your data while fixing a technical issue) or as required by law.
You may add information, such as notes, comments, and prior medical history, into your PHR at any time. A version of your PHR can be printed and shared with your health care providers if you choose to do so. However, as more fully explained immediately below, you should expressly advise your health care provider or other person/entity with whom you share this information that: the PHR is not a complete medical record and the PHR is not intended to be medical advice or instructional for medical diagnosis or treatment.
2. Collection of Personal Information from Site Visitors to IA’s Website
When you visit www.ibxtpa.com (including the IA Web portal through which you access your PHR), IA may collect and/or track: (1) your home server domain names, your email address, your type of computer, the files downloaded, the search engine used, operating system, and type of web browser; (2) the email addresses of visitors who communicate with IA via email; (3) information knowingly provided by the visitor in online forms, surveys, email, contest entries, and other online submissions (including demographic and personal profile data), and (4) aggregate information on pages accessed by a visitor.
To better serve you, we use “cookies” to customize your browsing experience. Cookies are simple text files stored by your browser, and they provide a method of distinguishing among visitors to our sites. We use “cookies” to store a randomly generated tag on your computer such that when you revisit our sites, we may recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. The cookies created on your computer by using our sites do not contain personally identifiable information. You may refuse a cookie, or delete the cookies file from your computer at any time by using any one of a number of widely available methods. However, you should be aware that if you disable the “cookies” feature of your browser, you may not be able to use the portals within our site.
When a visitor performs a search on our Website, we may record information identifying the visitor or linking the visitor to the search performed. IA also may record limited information for every search request and use that information only to solve technical problems with the service and to calculate overall usage statistics.
3. Use of Online Personal Data Collected Through IA’s Website
When you access the Website (including the IA Web portal by which you access your PHR), you may choose to give IA online personal information about you. “Online personal information” is any information or data you provide through this Website that is individually identifiable, such as a name, address, postal address, email address, birth date, phone number, and other personal information, including health information that you voluntarily provide to IA. It also may include other information that we collect about you that is associated with your name or address, such as your email address. You may provide that information to us on our registration page, if you email us, or at some other point during your online interaction.
IA may use the online personal information for a number of different reasons, including editorial and feedback purposes, health care marketing and promotions, performing a statistical analysis of visitor usage, product development, content improvement, to protect our rights or property, or to customize the content and layout of our site. Aggregate data that does not identify individual users may be used for internal purposes or provided to third parties.
Personally identifiable information that visitors voluntarily provide to IA, online or offline, may be added to our databases and used for future communications, which may include Website updates, new products and services, the confirmation of transactions through the portals, upcoming events, or health reminders, and for other purposes in accordance with applicable state and federal law.
Online personal information may or may not be individually identifiable health information that is also protected by the federal HIPAA privacy law (“the HIPAA Privacy Rule”). Where online personal information also constitutes individually identifiable health information under the HIPAA Privacy Rule, the provisions of this Privacy Rule also will govern IA’s permitted uses and disclosures of the online personal information.
4. Disclosure of Online Personal Data Collected Through the IA Website to Third Parties
Unless otherwise authorized by a visitor, IA will not sell, rent, license, or disclose personally identifiable information collected through the IA Website to unaffiliated third parties. Under the HIPAA Privacy Rule, however, IA is permitted to disclose individually identifiable health information to business associates who perform various functions or provide services on their behalf. To perform these functions or to provide services, business associates will receive, create, maintain, use, or disclose individually identifiable health information that has been provided to or made available to the business associate by IA, but only after we require the business associates to agree in writing to contract terms designed to safeguard your information.
IA has contracted with certain third party vendors such as WebMD to serve as its business associate to provide services in connection with IA’s Web portals. Except as set forth above, IA will not release personally identifiable information to any party unless required to do so by government authorities or legal process in accordance with applicable law , in order to protect our rights or property, or in conjunction with an acquisition of all or part of our company. Laws that permit disclosure of your personally identifiable information as part of healthcare operations might include activities such as Wellness Programs.
5. Wellness Programs and Health Support Programs
Wellness and health support programs are intended to help Plan Members to improve their overall health. They are not intended to replace professional medical advice. Information on Plan Member participation in these programs may be used by IA and our clients for aggregate reporting and outreach purposes.
When appropriate, IA may share protected health information (or “PHI”) with third party vendors with which IA has a contract to administer benefits or provide health support services as IA’s business associates. Such vendors are required to sign a contract with IA to maintain the privacy of protected health information as required by law. IA also may share information with treating providers to improve the health care of Plan Members. Providers also must follow all legal confidentiality requirements for PHI.
In addition, when appropriate, we may confirm your enrollment in these programs or in certain preventive health activities, but not your individual responses or final results, with your employer or health and welfare fund (“fund”), for the purpose of an incentive program or corporate wellness planning. For example, we may inform your employer or fund that you completed a “Health Risk Assessment or Personal Health Profile” but will not disclose your answers. We may inform your employer or fund that you attended 10 sessions of a weight management program but not disclose whether you lost any weight. Your individual responses also will not be shared with your employer or fund or their broker/consultant.
6. Links from Independence Administrator’s Website to Other Websites
IA’s Website occasionally includes links to other organizations’ websites for your convenience in locating health-related information, services, and products. Please be advised that when you link to these other sites, you are leaving IA’s Website and that these other sites are maintained by organizations over which IA may have no control.
Certain products, services or treatments referred to on other sites that have a link on our site, may not be covered under certain plans administered by IA. Plan Members should refer to their benefits contract/member handbook for complete details of the terms, limitations, and exclusions of coverage. In addition, certain providers may not be network providers. Please refer to our provider directory or call IA to make certain the professional listed is a network provider.
7. Security Measures
IA has implemented numerous security features to prevent the unauthorized release of or access to personal information. For example, all IA employees are required to certify their understanding that personal information is considered confidential, that it is important to safeguard personal information, and that IA will take appropriate action against any employee who fails to acknowledge these facts or adhere to the requisite security standards of conduct.
The IA web portal uses 256-bit encryption to help keep information secure. You will not be able to view certain pages of our site unless your computer has 256-bit encryption. You should also be aware that despite these and other security measures implemented by IA, no security process is completely foolproof. We will continually assess our security procedures and modify them to protect your information and we ask that our visitors take the appropriate measures to protect their information.
If you register for our Web Portal, you will have the opportunity to receive or create a password to access view or submit personal information. Visitors who register to use the Web Portal should not divulge their password to anyone, and IA will never ask for your password in an unsolicited phone call or email. When you are finished with applications that are password-protected, you should exit the page.
You should be aware that the confidentiality of any communication or material transmitted to/from IA via this site or email cannot be guaranteed. IA is not responsible for the security of information transmitted via the Internet. Visitors who prefer to communicate with IA in another manner other than through our site can write to us via regular mail at: Independence Administrators, 602 Office Center Drive, Suite 350 Fort Washington, PA 19034.
8. Opt-out Right
Visitors may opt out of having certain personally identifiable information, i.e. PHI, used by IA or its affiliates for health-related marketing or other health-related promotional communications by contacting IA via regular mail or email at the addresses above. This opt-out right does not apply to IA’s collection of the type of web browser of visitor to IA’s site or the sharing of PHI permitted under the HIPAA Privacy Rule for treatment or health care operations as part of wellness and health support programs as described above.
In sections of the Plan Member website that are “WebMD Health Services Group, Inc.” visitors may customize their preferences regarding receipt of email health reminders and other electronic communications. This is done by accessing the “settings” tab.
9. Access to and Ability to Correct Online Personal Data.
10. Collection of Online Personal Data From Children.
Although parents are free to seek information available on this Website concerning the health of their children, no person under 18 years old is permitted to use this Website. IA does not direct this Website to children under the age of 18 years or knowingly collect personal information from children under 18. Adults should not assist minors in accessing the Site. When visitors enter personal information on our Website, the visitor is representing to us that he/she is an adult over 18 years old.
To the extent that IA is able to determine the age of visitors by their submissions to or communications with IA’s site, IA will not knowingly (1) collect or post information from individuals under age 18 without their parent’s or guardian’s consent, or (2) provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatever unless otherwise permitted by law.
More specifically, if registration is required for any services on the IA Website, and a visitor submits information to IA’s Website through such a registration process that indicates that such visitor is a child, the child’s parent or guardian will be alerted to the child’s registration and will be provided instructions on how the parent or guardian can delete the child’s registration, if so desired. No information collected through IA’s Website from visitors who identify themselves as children will knowingly be used for any direct marketing or promotional purposes. If there are no age restrictions on a contest that requires registration, and if a child wins, notification and prizes will be sent to the parents or guardians identified in the initial registration process.
11. Independence Administrators’ Right to Contact Visitor.
Terms and Conditions of Access
Independence Administrators (“IA”) provides you with access to its Website and Plan Member Portal (collectively, the “Portal”), subject to the following Terms and Conditions of Access (“Terms and Conditions”).
1. THE CONTENT OF THE PORTAL IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE PORTAL IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE PORTAL! IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
2. IA reserves the right to terminate access to the Portal at any time and for any reason. Your access will be terminated automatically when your benefits are no longer provided by IA and its subsidiaries or affiliates. IA reserves the right at any time to modify or discontinue, temporarily or permanently, the Portal (or any part thereof) with or without notice. You agree that IA will not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal.
3. IA has created certain security procedures, including the use of passwords and user identification numbers, to assist in keeping your information confidential. You agree to provide us with accurate, current and complete information about yourself as requested and to maintain and promptly update your information to keep it accurate, current and complete.
4. You are responsible for maintaining the confidentiality of the password and are responsible for all activities that occur under your password. You agree to immediately notify IA of any unauthorized use of your password or other breach of security, and to exit from your account at the end of each session. IA cannot and will not be liable for any losses and/or damages arising from your failure to comply with these provisions. Except where expressly authorized by law, you certify that you are not using another person’s password or user identification to access the Portal. You agree not to falsely state or otherwise misrepresent your affiliation with a person or entity to obtain access to a Portal. You also agree not to copy or disseminate, electronically or otherwise, personal or confidential information found on the Portal.
5. You agree that IA, in its sole discretion, may terminate your password, user identification (or any part thereof) or use of the Portal for any reason, including, for lack of use or if IA believes that you have violated the Terms and Conditions. You agree that IA will not be liable to you or any third party for any termination of your access to the Portal.
6. The information provided on the Portal is provided as an accommodation and it is not intended to serve as formal notice or publication as may be required under law or by contract. While IA uses its best efforts to maintain the accuracy and reliability of information available through the Portal, we cannot guarantee the accuracy of the claims information or that all claims will be found by using the “search” feature of the Portal. You understand and agree that IA, except as expressly required by law, assumes no responsibility for the timeliness, deletion, mis–delivery or failure to provide any information on the Portal.
7. IA has agreements with various entities, which we call our “business associates,” to provide services in connection with the Portal. Our relationships with business associates are based on the type of service they are to provide.
8. YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. THE PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR ANY REASON RESULTING FROM THE USE OF THE PORTAL.
9. You agree to release and hold IA and its subsidiaries and affiliates, and their directors, officers, agents, principals or other partners, and employees, harmless from any claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Portal, your violation of these Terms and Conditions, your communication of inaccurate or incomplete information, and/or your violation of law.
13. The Portal may include or provide links to other websites on the Internet including, but not limited to, links to our business associates’ web pages. These other websites may provide opinions, recommendations, or other information from various individuals, organizations or companies. IN PROVIDING LINKS TO THE WEBSITES OF THIRD PARTIES, IA DOES NOT INVESTIGATE THE CONTENT OF SUCH INFORMATION AND DOES NOT ENDORSE, GUARANTEE OR WARRANT THE ACCURACY OF SUCH INFORMATION OR NECESSARILY SUBSCRIBE TO ANY SUCH OPINIONS OR RECOMMENDATIONS. TO THE EXTENT THAT YOU MAKE USE OF ANY LINK TO ANY OTHER WEBSITE ON THE INTERNET, YOU UNDERSTAND AND AGREE YOUR USE OF THE WEBSITES OF THIRD PARTIES IS AT YOUR SOLE RISK. THE WEBSITES OF THIRD PARTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR ANY REASON RESULTING FROM YOUR USE OF THE WEBSITES OF THIRD PARTIES.
14. You understand that Pennsylvania law requires that any person knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any false information or conceals for the purposes of misleading, information concerning any material fact thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.