Share my health data notice

The Interoperability and Patient Access rule (CMS-9115-F) was passed in 2020 by the Centers for Medicare & Medicaid Services (CMS). The rule makes it easier for you to access and share your health data. For example, using your smart phone app to find out about claims, medications and more. This shared data is found with certain insurance plans.

Apps can get information starting from 2016. The year apps can start collecting health data is based on when you enrolled in your current plan. Why share data between you, health care providers and the apps? It helps everyone work together to improve patient care. This may help reduce your health care costs, too.

Protect your health information. This is information about you and your health.

Your privacy is important. Third-party apps may collect your health information. Third party means the app is not ours. The app is not working for us. Make sure you understand your apps. Read their privacy policies. Choose apps with strong privacy and security.

You should know:

• What health information the app will collect
• What other information the app will collect
• If your identity will be stored
• If and how the app will use your information
• If and how the app will share your information
• Why and with whom the app will share your information
• If the app will sell your information
• If and how the app will let you know about changes to its policies
• If and how you can limit the app’s use of your information
• If and how the app protects your information
• How using this app could affect others, such as your family
• If and how you can see your information and correct any mistakes
• How to send complaints to the app
• How to delete your account or information
• If and how you can stop the app from seeing or using your information
• If and how the app will let you know if there is a security breach

You must first allow us to give apps sensitive health information about:

• Substance use disorder
• HIV/AIDS
• Psychotherapy
• Reproductive health
• Communicable disease
• Other sensitive health information

We will not release this information to apps without your permission.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal privacy law that protects health information. It limits how it is stored and shared.

It protects information in apps that are from health plans or health care providers.

It does not protect information in apps that are not from health plans or health care providers.

All apps are subject to the Federal Trade Commission (FTC) Act. It protects against unfair or deceptive acts. An example is if an app shares your information after saying it won’t.

If you believe an app has improperly used your information:

• You can file a complaint with the Health and Human Services Office for Civil Rights (OCR). Use the OCR complaint portal.
• You can file a complaint with the FTC. Use the FTC complaint assistant.