Financial Fraud & Abuse Investigation Division/Office of Inspector General

This notice describes how medical information and other private information about you may be used and disclosed and how you can get access to this information. This notice applies to all future contacts you have with this agency. Those contacts may be in person, by mail, electronically, or on the telephone. Review it carefully. This information is available in other forms to people with disabilities by contacting us at:

You have privacy rights under the Minnesota Government Data Practices Act and the federal Health Insurance Portability and Accountability Act (HIPAA). These laws protect your privacy, but also let us give information about you to others if a law requires it. We may tell you before we give the information.

Why are we asking you for this information? We are asking you for your information so that we may:

• Make reports, do research, do audits, and evaluate our programs; and/or
• Investigate reports of potential financial fraud or abuse by providers or individuals related to Minnesota Health Care Programs (MHCP) or the Child Care Assistance Program (CCAP).Do you have to answer the questions we ask?

Generally, the law does not say you have to give us this information. You have the right to refuse to answer our questions. Without the information, however, we may not be able to continue providing services to you or on your behalf.

How will we use the information that you give us?

The information you supply us with will assist us in determining: (1) whether financial fraud or abuse has occurred, and if it has, whether an individual or provider is responsible; and/or (2) whether any violations of Minnesota rules and/or statutes have occurred. The information you supply may also be used to make reports, do research, do audits, and evaluate our programs.

What will happen if you don't answer the questions we ask?

If you refuse to answer our questions, we must conduct our investigation and make our determination without the information you may be able to provide. Without some information, we may not be able to continue providing services to you or on your behalf. If you knowingly withhold relevant information, or give false or misleading information in connection with an investigation, it may result in administrative or legal action.

Who will get a copy of this information and with whom will we share this information?

During an investigation: All information that we collect is confidential until the investigation is completed. Confidential means that we cannot share the information with anyone other than authorized government agencies, such as the U.S. Department of Health and Human Services, the Department of Health, or a law enforcement agency, if one of those agencies is also investigating this report. Confidential also means that the subject of the information does not have a right to see the information.

When the investigation is completed: Information may become public, become private, or remain confidential. Public means that anyone can have access to the information. Private means that the person whom the information is about may access the information or may give permission for others to access the information. Confidential information is not accessible to the subject of the information, but is accessible to individuals or agencies that need it to do their job. We will share information about you only as needed and as allowed or required by law.

During the investigation and/or when the investigation is complete, we may share your information with the following agencies or people that need the information to do their jobs:

• Employees or volunteers with DHS or other state, county, local, federal, and partner nonprofit and private agencies;
• Researchers, auditors, investigators, and others that do quality-of-care reviews and studies or begin prosecutions or legal actions related to managing the human services programs;
• Court officials, county attorneys, attorney generals, other law enforcement officials, fraud investigators, and fraud prevention investigators;
• Health care insurers, health care agencies, managed care organizations, and others that pay for your care; and/or
• Anyone else authorized under the state or federal law. You have the right to information we have about you.
• You may ask if we have information about you and get copies of information that is not confidential. You may have to pay for copies.
• You may give other people permission to see and have copies of private information about you.
• If we have collected health information about you, we may use it only for purposes that we have listed in this notice.
• You have the right to ask us to share health information with you in a certain way or in a certain place. If we find that your request is reasonable, we will grant it.
• You can ask us to restrict uses or disclosures of your health information. We are not required to agree to your restrictions.
• You have the right to receive a record of the people or organizations that we have shared your health information with. If you want a copy of this record, you must send a request in writing to our privacy official.
• If you do not understand the information, you may ask to have it explained to you.What privacy right do children have?

If you are under 18, parents may see information about you and authorize others to see this information, unless you have asked that this information not be shared with your parents. You must make this request in writing and say what data you want withheld and why. If the agency agrees with you that not sharing the information would be in your best interest, we will not share the data with your parents. If we don't agree with you, the data may be shared with your parents if they ask for it. When parental consent for medical treatment is not required, information will not be shared with your parents unless the health care provider believes that failing to share this information would jeopardize your health.

What if you believe your privacy rights have been violated?

You may complain if your privacy rights have been violated. You cannot be denied service or treated badly because you have made a complaint. If you believe that your medical privacy was violated by your doctor or clinic, a health insurer, a health plan, or a pharmacy, you may send a written complaint either:

Directly to that organization, or to the federal Office of Civil Rights at:

If you think that the Minnesota Department of Human Services has violated your privacy rights you may send a written complaint to the U.S. Department of Health and Human Services at the address above, or to: