Inter-County Website Privacy Policy and Inter-County Website Terms and Conditions of Access

Overview

This section provides the details of Inter-County Hospitalization Plan, Inc. and Inter-County Health Plan, Inc.’s (“Inter-County’s”) Website Privacy Policy and Inter-County’s Website Terms and Conditions of Access.

Please read this Website Privacy Policy (“Privacy Policy”) in its entirety to understand how Inter-County will handle: (i) the privacy of personal information that you provide through the Website or through the use of the online Web portals (e.g., the Personal Health Record and the Personal Health Profile), and (ii) the disclosure of certain paid claims data to participating providers rendering services to you. Unless otherwise specified, this Privacy Policy does not describe how Inter-County may handle your personal information in offline settings.

AmeriHealth Administrators, an affiliate of Inter-County, provides online Web Portal services for Inter-County plan members. Inter-County may use and disclose the information that you provide through this Website or through the Web portals or certain data regarding claims paid on your behalf (“Claims Data”) only for purposes permitted or required by law, for purposes described in this Privacy Policy, or for purposes which you might authorize. If you do not wish Inter-County to use or disclose information that you provide through this Website as described in this Privacy Policy, you should disconnect from this Website.

Inter-County also has developed Terms and Conditions of Access describing your responsibilities when using this Website and/or the Inter-County Web portals. Please read the Privacy Policy and the Terms and Conditions of Access carefully. You will be asked to accept the Privacy Policy and the Terms and Conditions of Access before using this Website. Inter-County may revise and update the Privacy Policy and the Terms and Conditions at any time. Therefore, please periodically review the Privacy Policy and the Terms and Conditions of Access posted at this Website.

Inter-County Website and Inter-County Web Portal Privacy Policy

Welcome to the Inter-County Hospitalization Plan, Inc. and Inter-County Health Plan, Inc. (“Inter-County”) Website. Our publicly-accessible Website and the Web Portals accessible therein are designed to make it easier for visitors to manage their health information and learn about the services, programs and products provided by Inter-County. If you are currently an individual who has Inter-County coverage (“Member”), or a group that does business with Inter-County, you also may choose to register for Inter-County Web portals if applicable. A web “portal” is a Website that allows two-way interaction and can collect information from the visitor or provide information to the visitor. After registration, for example, these portals allow you to access information about certain benefits or programs, claims information, or health information. In addition, certain individuals eligible for special health programs may be able to register to access the consumer web portal. As with all online resources, we appreciate that visitors to our Websites are concerned about the privacy of personal information. This Privacy Policy discloses Inter-County’s policy for collecting, using and disseminating information through its Websites and Web portals.

Please note that this Privacy Policy is distinct from Inter-County’s Notice of Privacy Practices (“the Inter-County Notice”), which is a special notice required by a federal privacy law known as “the HIPAA Privacy Rule.” The Inter-County Notice describes how Inter-County uses “individually identifiable health information” collected by Inter-County — both online and offline — to provide services to you and to administer the various programs that Inter-County administers. You can request a copy of the Inter-County PDF icon Notice of Privacy Practices by calling the Customer Service number on the back of your identification card. Together, this Privacy Policy and the Inter-County Notice describe how Inter-County uses your individually identifiable health information and personal information collected through this Website. Information you provide to Inter-County in an offline setting is covered by the Inter-County Notice, but is not covered by this Privacy Policy unless otherwise specified in this Policy.

1. The Inter-County 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. Inter-County 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: (i) the PHR is not a complete medical record, (ii) the PHR is not intended to be medical advice or instructional for medical diagnosis or treatment; and (iii) any lab test results received by Inter-County from labs and loaded into the PHR are unofficial records of test results.

2. Collection of Personal Information from Site Visitors to Inter-County’s Website

When you visit www.ichphealth.com or www.ichpstudenthealth.com(including the Web portal through which you access your PHR) Inter-County 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 Inter-County 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. Inter-County 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 Inter-County’s Website

When you access the Website (including the Web portal by which you access your PHR), you may choose to give Inter-County 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 Inter-County. 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.

Inter-County 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 Inter-County, 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 Inter-County’s permitted uses and disclosures of the online personal information.

4. Disclosure of Online Personal Data Collected Through the Inter-County Website to Third Parties

Unless otherwise authorized by a visitor, Inter-County will not sell, rent, license, or disclose personally identifiable information collected through the Inter-County Website to unaffiliated third parties. Under the HIPAA Privacy Rule, however, Inter-County 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 Inter-County , but only after we require the business associates to agree in writing to contract terms designed to safeguard your information.

Inter-County has contracted with certain third party vendors such as WebMD to serve as its business associate to provide services in connection with Inter-County’s Web portals. Except as set forth above, Inter-County 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 Members to improve their overall health. They are not intended to replace professional medical advice. Information on Member participation in these programs may be used by Inter-County for aggregate reporting and outreach purposes.

When appropriate, Inter-County may share protected health information (or “PHI”) with third party vendors with which Inter-County has a contract to administer benefits or provide health support services as Inter-County’s business associates. Such vendors are required to sign a contract with Inter-County to maintain the privacy of protected health information as required by law. Inter-County also may share information with treating providers to improve the health care of 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 Inter-County Websites to Other Websites

Inter-County Websites occasionally include 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 Inter-County’s Website and that these other sites are maintained by organizations over which Inter-County may have no control.

Accordingly, a link on any of these sites does not constitute endorsement of the content, viewpoint, policies, products, or services provided or advertised on that site. These other third party sites may have their own terms and conditions and privacy policies or no policy at all. Once you link to a website not maintained by Inter-County, you are subject to any terms and conditions of that site, including, but not limited to any privacy policy. The Inter-County Privacy Policy and the Terms and Conditions of Access do not apply to the sites of such other third parties. Inter-County does not guarantee that you will receive an alert that you are leaving an Inter-County Website and linking to other third-party websites. It is your responsibility to determine when you have left an Inter-County Website.

Certain products, services or treatments referred to on other sites that have a link on our site, may not be covered under certain plans offered by Inter-County. Members should refer to their benefits contract 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 Inter-County to make certain the professional listed is a network provider.

Certain health information and tools accessible to registered Members on the Member web portal may be provided in combination with third party vendors from which Inter-County licenses or purchases services. Inter-County may customize these tools to serve Inter-County Members with Inter-County plan coverage. An example of this is the portion of our Member website supported by the company WebMD, which is a business associate of Inter-County (and, therefore, is bound by the use and disclosure restrictions of the HIPAA Privacy Rule for information that constitutes PHI). A partial list of these services provided by WebMD includes the Provider Finder, Hospital Comparison Tool, Personal Health Record, and Personal Health Profile. The WebMD sections of the Website have an additional Privacy Policy that governs the collection, use and disclosure of any PHI provided to WebMD through its website. A visitor can tell they are on a WebMD-supported tool because the bottom of the webpage will be labeled “WebMD Health Services Group, Inc.”.

7. Security Measures

Inter-County has implemented numerous security features to prevent the unauthorized release of or access to personal information. For example, all Inter-County employees are required to certify their understanding that personal information is considered confidential, that it is important to safeguard personal information, and that Inter-County will take appropriate action against any employee who fails to acknowledge these facts or adhere to the requisite security standards of conduct.

The Inter-County web portals use 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 Inter-County, 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 a Web Portal should not divulge their password to anyone, and Inter-County 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 Inter-County via this site or email cannot be guaranteed. Inter-County is not responsible for the security of information transmitted via the Internet. Visitors who prefer to communicate with Inter-County in another manner other than through our site can write to us via regular mail at: Inter-County, 720 Blair Mill Road, Horsham, PA 19044.

8. Opt-out Right

Visitors may opt out of having certain personally identifiable information, i.e. PHI, used by Inter-County or its affiliates for health-related marketing or other health-related promotional communications by contacting Inter-County via regular mail or email at the addresses above. This opt-out right does not apply to Inter-County’s collection of the type of web browser of visitor to Inter-County’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 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.

Upon request via regular mail or email, Inter-County provides visitors a summary of any personally identifiable information retained by Inter-County regarding the visitor. You will also be able to see personal information retained by Inter-County through the Member Web Portal. Members may seek to modify, correct, change, or update information that Inter-County has collected, by contacting us via regular mail or email at the addresses above. Some visitors may also be able to update their information via the Member portal. Although you may provide individually identifiable health information on this Website, the information is not a medical record, and is not, under the HIPAA Privacy Rule, considered information we maintain in a designated record set. Such information, however, will be treated as PHI, as discussed in this Privacy Policy and in Inter-County’s Notice.

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. Inter-County 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 Inter-County is able to determine the age of visitors by their submissions to or communications with Inter-County’s site, Inter-County 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 Inter-County Website, and a visitor submits information to Inter-County’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 Inter-County’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. Inter-County’s Right to Contact Visitor.

Inter-County reserves the right to contact Website visitors regarding account status and changes to the Member handbook, the Privacy Policy, or any other policies or agreements relevant to those who visit the Website.

12. Inter-County’s Right to Change Privacy Policy.

Inter-County reserves the right to change this Privacy Policy at any time. Consequently, you should refer back to this Privacy Policy regularly as it might be amended from time to time.

Terms and Conditions of Access

Inter-County Hospitalization Plan, Inc. and Inter-County Health Plan, Inc. (“Inter-County”) provides you with access to its Website and Member Portal (collectively, the “Portal”), subject to the following Terms and Conditions of Access (“Terms and Conditions”).

We may update these Terms and Conditions at any time and without notice. Unless stated otherwise, changes will be effective when they are posted on our website at www.MyICHP.com and www.MyICHPstudent.com. The Terms and Conditions are in addition to those policies and procedures that are posted on our website at www.MyICHP.com and www.MyICHPstudent.com under the Legal Information section and under our Website Privacy Policy, which are incorporated herein by reference.

By logging on to the Portal, activating your password and creating a user identification, you agree to be bound by these Terms and Conditions as well as the policies and procedures posted on our Website under the Legal Information section, under our Website Privacy Policy and our HIPAA Notice of Privacy Practices. If you do not wish to be bound by these Terms and Conditions, policies and procedures posted on our Website under the Legal Information section, Inter-County’s Website Privacy Policy and Inter-County’s HIPAA Notice of Privacy Practices, you should disconnect from this Website immediately.

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. Inter-County 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 Inter-County and its subsidiaries or affiliates. Inter-County 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 Inter-County will not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal.

3. Inter-County 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 Inter-County of any unauthorized use of your password or other breach of security, and to exit from your account at the end of each session. Inter-County 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 Inter-County, 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 Inter-County believes that you have violated the Terms and Conditions. You agree that Inter-County 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 Inter-County 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 Inter-County, 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. Inter-County 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. INTER-COUNTY 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 INTER-COUNTY 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 Inter-County 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.

10. Inter-County will not release and/or disclose personally identifiable information to any party, including our third party vendors, unless required to do so by government or legal authorities or unless such release and/or disclosure is in accordance with applicable law and I Inter-County’s Privacy Policy. You understand and agree that the party receiving personally identifiable information may use the personally identifiable information in accordance with applicable law.

11. You understand that you may access the websites of third parties through the Portal. You understand and agree that the websites of third parties will have their own policies and procedures (including a privacy policy) to which you will be subject. These websites are maintained by the third parties that Inter-County does not control. Inter-County recommends that you read the policies and procedures (including the privacy policy) of the websites of third parties that you access.

12. In some instances, you will be notified when you leave Inter-County’s Portal and access the websites of third parties. However, Inter-County does not guarantee that you will receive such a notice before accessing the websites of third parties. You understand and agree that it is your responsibility to determine when you have accessed the websites of third parties and to be aware when the policies and procedures (including the privacy policy) of third parties are applicable.

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, I Inter-County 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. Inter-County 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 Inter-County 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.