Johnson County Community College Group Health Plan / Section 125 Cafeteria Plan (Pertains to the Health Flexible Spending Account (FSA))
Notice of Privacy Practices
This notice describes how medical information about you may be used and disclosed by the Johnson County Community College (“JCCC”) Health Flexible Spending Account ("Health FSA") and how you can get access to this information. Please review it carefully.
Our Commitment to Protecting Your Privacy
The Johnson County Community College (“JCCC”) Health Flexible Spending Account (the "Health FSA") is committed to protecting the privacy of your Protected Health Information ("PHI").
PHI is individually identifiable health information that relates to:
- Your past, present, or future physical or mental health condition;
- The provision of health care to you; or
- Payment for health care
The Health FSA is required by federal law to:
- Maintain the privacy of your PHI;
- Provide you with this Notice of Privacy Practices;
- Abide by the terms of this notice currently in effect; and
- Notify affected individuals following a breach of unsecured PHI when required by
How the Health FSA May Use and Disclose Your PHI
The Health FSA may use and disclose your PHI without your authorization for the following purposes:
Payment
The Health FSA may use or disclose PHI to determine eligibility for benefits and to process reimbursement claims. Examples include:
- Reviewing submitted claims for reimbursement;
- Coordinating payment activities with the Health FSA administrator;
- Verifying that a claimed expense is eligible under the
Health Care Operations
The Health FSA may use or disclose PHI for plan administration activities. Examples include:
- Conducting audits;
- Reviewing plan performance;
- Detecting fraud or abuse;
- Obtaining legal, accounting, or consulting services related to plan
As Required by Law
The Health FSA may disclose PHI when required by federal, state, or local law.
Public Health and Government Activities
The Health FSA may disclose PHI for certain public health, law enforcement, judicial, or governmental purposes as permitted or required by law.
Business Associates
The Health FSA may disclose PHI to third parties that perform services on behalf of the plan, such as a third-party administrator. These entities are required by law and contract to protect your PHI.
To You
The Health FSA may provide PHI directly to you or your authorized representative upon request.
Uses and Disclosures Requiring Your Authorization
The Health FSA will obtain your written authorization before using or disclosing your PHI for purposes not otherwise permitted by HIPAA.
You may revoke an authorization at any time by submitting a written request, except to the extent the Health FSA has already acted in reliance on the authorization.
The following provisions apply only to the extent the Health FSA receives, creates, maintains, or discloses Substance Use Disorder records protected under 42 CFR Part 2.
Additional Protections for Substance Use Disorder Records (42 CFR Part 2)
To the extent the Health Flexible Spending Account ("Health FSA") creates, receives, maintains, or discloses records that are subject to the federal confidentiality requirements for Substance Use Disorder ("SUD") treatment records under 42 CFR Part 2, those records are entitled to additional protections.
Uses and Disclosures of SUD Records
We may use and disclose SUD records as permitted or required by applicable law, including HIPAA and 42 CFR Part 2.
In certain circumstances, your written consent may be required before we may use or disclose SUD records.
Additional Protection Against Use in Legal Proceedings
If we maintain SUD records subject to 42 CFR Part 2, we will not use or disclose those records in any civil, criminal, administrative, or legislative proceeding against you unless:
- You provide written consent; or
- The disclosure is authorized by a court order and other legal requirements applicable to Part 2 records have been satisfied.
Redisclosure of SUD Records
If SUD records are disclosed pursuant to your consent for treatment, payment, or health care operations activities, the recipient may be permitted to redisclose those records as allowed by HIPAA. However, SUD records generally remain subject to special restrictions under federal law and may not be used or disclosed in legal proceedings against you except as permitted by 42 CFR Part 2.
Your Rights Regarding SUD Records
You have the same HIPAA rights described elsewhere in this Notice with respect to any SUD records maintained by the Health FSA, including rights to:
- Request access to your records;
- Request amendments to your records;
- Request an accounting of certain disclosures; and
- File a complaint if you believe your privacy rights have been
Our Responsibilities
If we maintain SUD records, we will comply with the additional privacy and confidentiality requirements applicable under 42 CFR Part 2 and applicable HIPAA regulations. We will provide any notices and protections required by law regarding the use and disclosure of such records.
To the extent that we have your substance use disorder patient records, subject to 42 CFR Part 2, we will not share that information for investigations or legal proceedings against you without (1) your written consent or (2) a court order and a subpoena.
Your Privacy Rights
You have the following rights regarding your PHI maintained by the Health FSA:
Right to Inspect and Obtain Copies
You may request access to your PHI and obtain a copy of information maintained by the Health FSA, subject to certain limitations.
Right to Request Amendment
You may request that the Health FSA amend PHI you believe is incorrect or incomplete.
Right to Receive an Accounting of Disclosures
You may request a list of certain disclosures made by the Health FSA during the six years preceding your request.
Right to Request Restrictions
You may request restrictions on certain uses or disclosures of your PHI. The Health FSA is not required to agree to every requested restriction.
Right to Request Confidential Communications
You may request that communications be sent to you using alternative means or at an alternative location.
Right to Receive a Paper Copy of this Notice
You may request a paper copy of this notice at any time, even if you previously received it electronically.
Employer Access to PHI
The Health FSA may disclose PHI to designated employees of [Employer Name] only for plan administration purposes and only as permitted by HIPAA and the Health FSA plan documents.
Your PHI will not be used by the employer for employment-related decisions such as:
- Hiring;
- Firing;
- Promotion;
- Compensation; or
- Other employment
Complaints
If you believe your privacy rights have been violated, you may file a complaint with:
Privacy Officer Misty Miller,
12345 College Blvd., Overland Park, KS 66210,
913-469-7624,
[email protected]
You may also file a complaint with the U.S. Department of Health and Human Services. You will not be retaliated against for filing a complaint.
Changes to This Notice
The Health FSA reserves the right to change this Notice of Privacy Practices at any time.
Any revised notice will apply to PHI currently maintained by the Health FSA as well as information received in the future. The current notice will be available upon request and will be posted as required by law.
Contact Information
If you have questions about this Notice or would like to exercise any of your privacy rights, contact:
Privacy OfficerJohnson County Community College
Misty Miller, Manager, Benefits & Wellness
12345 College Blvd., Overland Park, KS 66210
913-469-7624,
[email protected]
Effective Date: October 9, 2026, for the 2027 Plan Year