Page 34 - Draken Intl. 2022 OE Flipbook

2022 LEGISLATIVE NOTICES

HIPAA Privacy Notice (cont.) Michelle’s Law (cont.)

Personal Representatives: You may exercise your rights Michelle's Law requires the Plan to allow extended
through a personal representative. Your personal eligibility in some cases for a dependent child who would
representative will be required to produce evidence of lose eligibility for Plan coverage due to loss of full-time
his/her authority to act on your behalf before that person student status. There are two definitions that are
will be given access to your PHI or allowed to take any important for purposes of determining whether the
action for you. The Plan retains discretion to deny a Michelle's Law extension of eligibility applies to a
personal representative access to your PHI to the extent particular child:
permissible under applicable law.
 Dependent child means a child of a plan participant who is
Complaints
eligible under the terms of a group health benefit plan based
If you believe that your privacy rights have been violated, on his or her student status and who was enrolled at a post-
you have the right to express complaints to the Plan and secondary educational institution immediately before the
to the Secretary of the Department of Health and Human first day of a medically necessary leave of absence.
Services. Any complaints to the Plan should be made in  Medically necessary leave of absence means a leave of
writing to the contact person named at the end of this absence or any other change in enrollment:
Notice. The Plan encourages you to express any concerns  of a dependent child from a post-secondary
you may have regarding the privacy of your information. educational institution that begins while the child is
You will not be retaliated against in any way for filing a suffering from a serious illness or injury;
complaint.  which is medically necessary; and
Contact Information  which causes the dependent child to lose student
status under the terms of the Plan.
Please contact Human Resources for all issues regarding
the Plan’s privacy practices and your privacy rights. You For the Michelle’s Law extension of eligibility to apply, a
can reach this department at: benefits@drakenintl.com dependent child’s treating physician must provide
written certification of medical necessity (i.e.,
Michelle’s Law certification that the dependent child suffers from a
serious illness or injury that necessitates the leave of
Federal legislation known as “Michelle's Law” generally
extends eligibility for group health benefit plan coverage absence or other enrollment change that would
to a dependent child who is enrolled in an institution of otherwise cause loss of eligibility).
higher education at the beginning of a medically If a dependent child qualifies for the Michelle's Law
necessary leave of absence if the leave normally would extension of eligibility, the Plan will treat the dependent
cause the dependent child to lose eligibility for coverage child as eligible for coverage until the earlier of:
under the plan due to loss of student status. The  One year after the first day of the leave of absence; or
extension of eligibility protects eligibility of a sick or  The date that Plan coverage would otherwise terminate (for
injured dependent child for up to one year. reasons other than failure to be a full-time student).
Florida Blue currently permits an employee to continue a A dependent child on a medically necessary leave of
child’s coverage until age 26, if that child is enrolled at an absence is entitled to receive the same Plan benefits as
accredited institution of learning on a full-time basis, with other dependent children covered under the Plan.
full-time defined by the accredited institution’s Further, any change to Plan coverage that occurs during
registration and/or attendance policies. the Michelle’s Law extension of eligibility will apply to
the dependent child to the same extent as it applies to
other dependent children covered under the Plan.

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