Florida Blue is here to help you understand how it works and to give you tips on how to protect your health information when you use these apps. In these FAQs, you’ll learn:
Currently, Florida Blue Medicare Advantage and Florida Blue members who are enrolled in a Qualified Health Plans (QHP) on the Federally-Facilitated Exchange (FFE) can request an electronic copy of their protected health information through an app of their choice. Presently Florida Blue does not offer a proprietary third-party application for its members.
Apps must be registered with Florida Blue to receive member healthcare data transfers. Members may wish to validate app status prior to initiating a new subscription, if the app is not listed with Florida Blue as available for data transfers.
At the moment, Florida Blue has extended this new App access feature to its current members who are enrolled in either a Qualified Health Plan (QHP) sold on the Federally-Facilitated Exchange (FFE) or a Medicare Advantage (MA) Plan.
You can request a copy of your PHI in accordance with the Florida Blue Notice of Privacy Practices. If you use an app to request PHI, Florida Blue may electronically provide the following information:
Florida Blue is required to disclose all claim, office visit and clinical information (including sensitive information) that an app requests going back to January 1, 2016. If there is sensitive information you do not want an app to receive, you should not request your PHI through that app.
An app will need to register with Florida Blue before you can use it to request access to your PHI. Under certain circumstances, Florida Blue may deny an app’s registration. If you want to request PHI through an app, make sure the app you choose is registered with Florida Blue before requesting your health information. If the app has not registered with Florida Blue, contact the app’s developer so they can begin the registration process. Florida Blue is not responsible for issues that may occur with an app that delay or prevent the transmission of information. As apps register with Florida Blue and become available for PHI access, we will list them here
It’s important to take an active role in protecting your PHI. Look for an easy-to-read privacy policy that clearly explains how the app will use your PHI. If an app does not have a privacy policy, or if you do not understand it, you may want to reconsider using the app. Here are some issues to look for when reviewing an App’s privacy policy:
If the app’s privacy policy does not clearly answer these questions, patients should reconsider using the app to access their health information. Health information is very sensitive information, and patients should be careful to choose apps with strong privacy and security standards to protect it.
Some patients, particularly patients who are covered by Qualified Health Plans (QHPs) on the Federally-facilitated Exchanges (FFEs), may be part of an enrollment group where they share the same health plan as multiple members of their tax household. Often, the primary policy holder and other members can access information for all members of an enrollment group unless a specific request is made to restrict access to member data. Patients should be informed about how their data will be accessed and used if they are part of an enrollment group based on the enrollment group policies of their specific health plan in their specific state. Patients who share a tax household but who do not want to share an enrollment group have the option of enrolling individual household members into separate enrollment groups, even while applying for Exchange coverage and financial assistance on the same application; however, this may result in higher premiums for the household and some members, (i.e. dependent minors, may not be able to enroll in all QHPs in a service area if enrolling in their own enrollment group) and in higher total out-of-pocket expenses if each member has to meet a separate annual limitation on cost sharing (i.e., Maximum Out-of-Pocket (MOOP).
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) enforces the HIPAA Privacy, Security, and Breach Notification Rules, and the Patient Safety Act and Rule. You can find more information about your rights under HIPAA and who is obligated to follow HIPAA here: Guidance Materials for Consumers.
HHS also has published HIPAA FAQs for Individuals, which contain information on specific topics that may interest you: HIPAA FAQs for Individuals. Here’s another helpful resource to understand your rights under HIPAA: How to get your health record.
If you want more information on how Florida Blue complies with HIPAA for our members and what Florida Blue does to protect your information, view our HIPAA Notice of Privacy Practices.
Most apps are not specifically covered by HIPAA and are not required to be covered by HIPAA. HIPAA does not cover most third-party apps. HIPAA governs health insurance plans (such as Florida Blue), health care providers (such as doctor’s offices and hospitals), and health care clearinghouses (collectively known as “covered entities”) or entities performing services on behalf of Covered Entities that involve PHI. Most third-party apps are not created by, or affiliated with covered entities, so these app developers are not likely bound by HIPAA privacy and security protections. These apps may be regulated by the Federal Trade Commission (FTC) and the protections provided by the FTC Act. The FTC Act, among other things, protects against deceptive acts (for example, if an app shares personal data without permission, despite having a privacy policy that says it will not do so). The FTC also enforces the promises that are made in an app’s privacy policies, which is why it’s important for you to review an app’s privacy policies before using it to request PHI from Florida Blue.
The FTC provides information about mobile app privacy and security for consumers here: Understanding Mobile Apps
If you’re concerned an app has violated your privacy rights or believe that your information has been breached in an app, you should consider filing a complaint with the app using the contact information it provides.
Ready to stop using an app? If you want Florida Blue to stop allowing an app to access your health information, call Member Services at one of the below numbers. Calling Member Services is currently the only way you can stop an app from collecting your health data after you have given them access. However, be advised that an app may continue to store your member data even after you stop sharing.
Any history held by Florida Blue for a previous Medicare Advantage or Florida Blue Qualified Health Plan member since January 1, 2016 is part of our database. Your Florida Blue PHI is available through a request to the app to which you subscribe. Contact your app provider and request to connect, or select "Florida Blue" from the app's available health insurer connections.
Members have the right to obtain personal health information dating to January 1, 2016 from any health insurers regulated by the Centers for Medicare and Medicaid Services (CMS). This includes health insurers offering Medicare, Medicare Advantage, Medicaid, Commercial Medicaid, Children's Health Insurance Plans and Marketplace plans sold on the Federally-facilitated Exchanges established under the Affordable Care Act.
