THM Privacy Notice

This notice applies to Transparent Health Marketplace (THM), an innovative platform connecting payors and providers in a new marketplace model for the procurement of workers’ compensation healthcare services. If you have any questions about this notice, please contact the THM Data Privacy Officer at (484) 577-3448 or submit a report here.

The Purpose of This Notice

We are committed to protecting health information about you. We are required by law to make sure that health information that identifies you is kept private, make available to you this notice of our legal duties and privacy practices at THM with respect to health information about you, and follow the terms of the notice that is currently in effect.

Who Will Follow This Notice?

This notice describes the practices of THM at all its locations and the practices of:

  • All employees, temporary employees, contractors, and consultants of THM and all subsidiaries in all THM locations.

This notice applies to all the records of your care and billing for care that are made by THM personnel, or other independent health care personnel. Your independent health care personnel treating you may have different policies or notices about confidentiality and sharing of your health information that they use in their offices or other locations outside the health system.

How We May Use and Share Medical Information About You

The following categories describe diverse ways that we may use your health information. For each category of use, we will explain what we mean and try to give some examples, but not every use or disclosure is listed.

THM will not share your medical information without first receiving consent. We will ask for your consent at admission, by acknowledgment of this Notice, or later.

  • For Treatment. We may use and share health information about you among the persons in THM involved in your care to provide you with needed health treatment, items, or services. We may use and share health information to tell you about diverse ways to treat you. We also may share health information about you to people outside the health system who may be involved in your medical care before or after you leave the health system.
  • For Payment. We may need to use and share health information about you so that the treatment and services you receive may be billed by THM or other independent providers and payment may be collected from you, an insurance company or health plan, or a third party. We also may share information about you with another health care provider, such as a receiving facility, so that they can be paid for treating you.
  • For Health Care Operations. Our staff and business associates may use and share health information about you for THM operations. These uses and sharing of information are needed to run the THM platform and make sure that all our patients receive excellent quality care. For example, we may use health information to review our treatment and services and to evaluate the qualifications and performance of our staff. We also may combine health information about many THM platform patients to decide what other services THM should offer, what services are not needed, and whether certain treatments work. We also may combine the health information we have about you and other patients with health information from other health systems to compare how we are doing and learn how we can make our care and services better. We may remove information that identifies you from this set of health information so others may use it to study health care and health care delivery without learning who you are. We may share your information with another health care provider for its health care operations if you also have received care from that provider.
  • Treatment Alternatives. We may use and share health information to tell you about or recommend diverse ways to treat you.
  • Data Sharing. THM may use and share health information with others for your healthcare treatment. For example, we may share your health information with other departments within THM, or health providers who provide care after you leave THM. If you do not want your electronic medical record to be available to other providers, contact the THM Data Privacy Officer to opt out. If you choose to opt out, other providers involved in your care will not be able to electronically obtain your full health information. THM will be able to retrieve your health information from other providers, even if you opt out. You must contact other providers directly if you do not want those providers to share your information. You can opt out online here.
  • As Required or Permitted by Law. We will share health information about you when we must or may do so under federal, state, or local law.
  • To Avert a Serious Threat to Health or Safety. We may use and share health information about you when we must to prevent a serious threat to your health and safety or the health and safety of the public or another person. The information shared, however, would only be to someone able to help prevent the threat.
  • Workers’ Compensation. When you ask for workers’ compensation for a work-related injury or illness, we may share, without your permission, health information about you to your employer, insurer, or care manager who is paying for your treatment for that work related injury or illness.
  • Health Oversight Activities. We may share, without your permission, health information to a health oversight agency for activities imposed by law. These activities include audits, investigations, inspections, and licensure. They are necessary for the government to check on the health care system, government programs, and compliance with civil rights laws.
  • Lawsuits and Disputes. If you participate in a lawsuit or a dispute, we may disclose health information about you because of a court or administrative order. We also may disclose health information about you because of a subpoena or other lawful process by someone else involved in the dispute by disclosing your medical records or information under seal to the court. The parties to the case or their attorneys may not open the copies of your medical record under seal, unless a judge orders otherwise.
  • Law Enforcement. We may give out your health information without your permission if asked to do so by a law enforcement official in response to a court order, grand jury demand or search warrant; about a death or injury we believe may be the result of a crime; if required by law to report a violent injury, such as a gunshot or stab wound or a poisoning; if a law enforcement official asks us for information to help locate a fugitive or suspect; or about suspected criminal conduct at the health system.
  • Security, Intelligence Activities and Protective Services. We may give out your health information without your permission to authorized federal or state officials for intelligence, counterintelligence and other governmental activities imposed by law to protect our national security.
  • Some state and federal laws require additional privacy protections health information. For example, some states give unemancipated minors the legal rights to consent to certain types of care and protects the privacy of those encounters, with specific exceptions.

Other Uses and Disclosures of Medical Information

All other information that is shared in a way not addressed in this notice, including uses or disclosures for marketing purposes, or disclosures of your information in exchange for some form of payment, will be made only after you give your written permission or as required by law. You may change your mind and take back your permission in writing at any time. We will stop sharing this information the day that your written request is received by the THM Data Privacy Officer. We are unable to take back any disclosures we previously made with your permission.

Your Rights Regarding Medical Information About You

You have the following rights regarding medical information we keep about you:

  • Right to Look At and Copy. You have the right to look at and get a copy of health information that may be used to make decisions about your care, unless it is decided that giving you such information would be harmful to your health or wellbeing. When we do not allow you to look at and get a copy of your health information, you may ask that the denial be reviewed. The person looking at the review will not be the person who denied your request. We will do what this reviewer decides. If we have all or any part of your health information in an electronic format, you may ask for an electronic copy of the information or ask that we send an electronic copy to any person or entity you designate in writing.
  • Your health information is contained in records that belong to THM. To look at or get a copy of health information that may be used to make decisions about you, you may request the records via phone, email or in writing from the applicable location’s health information management office or the area where the record was created.
  • Right to Amend. If you feel that health information, we have about you is not right or is incomplete, you may ask us to change the information for as long as the information is kept by THM. You must ask for this change in writing and send it to THM Data Privacy Officer, 460 East Swedesford Road Suite 1020, Wayne, PA, 19087 or by filling out the form here. You must also give us your reasons for asking for the change. We may decide to not make changes if you ask us to change information without providing your request in writing or does not include a reason you are asking for the change. We may also deny changes to information that is not part of the health information kept by THM, is not part of the information which you would be allowed to see and copy or has been found to be accurate and complete.
  • Right to Request Restrictions. Except where we are required to disclose information by law, you have the right to ask us not to share or to limit the health information we use or share about you for treatment, payment, or health care operations. For example, do you want to limit sharing information with others involved in your care, such as a family member or friend? We are not required to agree to your request, except if you ask us to not disclose your health information to your health plan by paying for the services out of pocket and in full (note this does affect our ability to share your health information for treatment). If we do agree, we will act on your request unless the information is needed to give you emergency treatment or to share information as required by law. You must make your request in writing to THM Data Privacy Officer, 460 East Swedesford Road Suite 1020, Wayne, PA, 19087 or by filling out the form here. In your request, you must tell us what information you want to limit and who you want the limits to apply to.
  • Right to Ask for a Different Type of Communication. You have the right to ask that we tell you about medical matters in a certain way or at a certain place. For example, you can ask that we only contact you at work or by mail, or at a mailing address other than your home address. During the registration process, you may request your communication preference by stating how or where you wish to be contacted. We will not ask you the reason for your request. We will accommodate all reasonable requests.

Additional Information for California consumers – The California Consumer Privacy Act (CCPA)

Under the California Consumer Privacy Act (the ‘CCPA’), California residents have certain rights regarding the Personal Information that businesses have about them. This includes the rights to request access or deletion of your Personal Information, as well as the right to direct a business to stop selling your Personal Information.

Personal Information disclosed for business purposes:

  • THM shares and has shared in the preceding 12 months personal information as necessary for specific “business purpose,” as defined by the CCPA (Cal. Civ. Code 1798.140(d)) and specified in the section “How do we share and disclose information to third parties?” This includes sharing personal identifiers, . THM does not sell Personal Information for any reason as defined by the CCPA (Cal. Civ. Code 1798.140(t)(1)).

CCPA rights

Right to request disclosure:

  • You have the right to request disclosure about what categories of Personal Information THM has disclosed for a business purpose about you and the categories of third parties to whom the personal information was sold or disclosed. You have a right to request disclosure of specific pieces of Personal Information. Below is a complete list of the Personal Information that you can include in your request.
    • The categories of Personal Information that THM has collected about you.
    • The categories of sources from which THM collected the Personal Information.
    • The business or commercial purpose for collecting Personal Information.
    • The categories of third parties with whom THM shares Personal Information.
    • The specific pieces of Personal Information THM has collected about you.
    • The categories of Personal Information that THM disclosed about you for business purpose.
  • If you would like to exercise your right to request disclosure, please fill out this request form here. Our privacy team will examine your request and respond to you as quickly as possible.

Right to request deletion:

  • You have the right to request that THM delete any Personal Information about you that THM has collected from you. Please note that there are exceptions where THM does not have to fulfill a request to delete Personal Information, such as when the deletion of information would create problems with completing a transaction or compliance with a legal obligation.
  • If you would like to exercise your right to delete, please fill out this request form here. Our privacy team will examine your request and respond to you as quickly as possible.

Right to non-discrimination:

  • THM will not discriminate against you (e.g., through denying goods or services or providing a different level or quality of goods o/r services) for exercising any of the rights afforded to you.

How do we manage your requests?

  • We endeavor to respond to a verifiable consumer request within the required timeframes. If we need more time, we will inform you of the reason and extension period in writing. If you submit your privacy request electronically through our request form, we will deliver our written response to the verified email associated with the request. If you did not submit the request with us via the online webform, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain why we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Changes to This Notice

We can change this notice and make the changed notice effective for health information we already have about you as well as any information we receive in the future. We will post a copy of the current notice on this webpage.

Investigations of Breaches of Privacy

We will investigate any unauthorized use or disclosure of your health information that we discover to determine if it is a breach of the federal privacy or security laws about health information. If we determine that a breach has occurred, we will notify you in writing about the breach.

Complaints

If you have a complaint about your privacy rights, contact the THM Data Privacy Office at (484) 577-3448 or submit a report here.  You may also send a written complaint to the Secretary of the United States Department of Health and Human Services. Complainants will not be penalized.