Enhanced Direct Enrollment (EDE) Privacy Notice

1.    Introduction

This statement describes our practices in connection with Personally Identifiable Information (“PII”) that we may collect from you and use in connection with our operation of an EDE Platform that facilitates your enrollment in a Marketplace Qualified Health Plan (“QHP”). 

2.    Legal authority to collect PII

The Patient Protection and Affordable Care Act (Public Law No. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law No. 111-152), and its implementing regulations permit the Centers for Medicare and Medicaid Services (“CMS”) to contract with Florida Blue to operate as an EDE entity and submit consumer application information collected directly from consumers to the Federally facilitated Marketplace for an eligibility determination, without requiring consumers to submit Marketplace application information through HealthCare.gov.

3.    Purpose for collecting PII

We may gather PII on you and/or your family in order to determine eligibility and suitability of insurance products and to quote insurance products to you.

4.    How we may use cookies and other technologies to operate our EDE Platform

When you visit our EDE Platform, our server may generate a piece of text known as a "cookie" to place on your device. The cookie, which is unique to your browser, allows the server to "remember" specific information about your visit to our EDE Platform while you're connected. The cookie makes it easier for you to use the dynamic features of web pages. Information that you enter into the application isn't associated with cookies on our EDE Platform. There are two types of cookies, single session (temporary) and multi-session (persistent). Single-session cookies last only as long as your web browser is open. Once you close your browser, the session cookie disappears. Persistent cookies are stored on your device for longer periods. Both types of cookies create an ID that is unique to your device. Our EDE Platform does not use persistent cookies. We may collect the following information through our use of single-session cookies: device information, such as browser type and version, operating system, and version; session-related information, such as date and time of access, duration of session; and usage patterns, such as navigation paths. We don’t use single-session cookies to collect PII.  These cookies are used solely for the purpose of securing the user session activities and to enable the application functions of our EDE Platform.  

5.    Your choices about tracking and data collection

Visitors to our EDE Platform may use their Internet browser privacy settings to give them control over what tracking and data collection takes place during your visit. If you disable or refuse cookies, then some parts of our EDE Platform may not function properly.  

6.    To whom PII may be disclosed and for what purposes

If you choose to apply for coverage through Florida Blue’s website, we will limit the collection, creation, disclosure, access, maintenance, storage, and use of your PII for performing the following authorized EDE functions: 

• Assisting with applications for eligibility in a Qualified Health Plan (“QHP”).
• Supporting QHP selection and enrollment by assisting with plan selection and plan comparisons.
• Assisting with applications for the receipt of advance payment of the premium tax credit (APTC) or cost-sharing reduction (CSR), and selecting an APTC amount.
• Facilitating the collection of standardized attestations acknowledging the receipt of the APTC or CSR determination, if applicable.
• Assisting with the application for and determination of certificates of exemption.
• Assisting with filing appeals of eligibility determinations in connection with the Federally facilitated Marketplace.
• Transmitting information about the consumer’s decisions regarding QHP enrollment and/or CSR and APTC information to the Federally facilitated Marketplace.
• Facilitating payment of the initial premium amount to the appropriate QHP.
• Facilitating an enrollee’s ability to disenroll from a QHP.
• Educating consumers, applicants, or enrollees on insurance affordability programs, and if applicable, informing such individuals of eligibility for Medicaid or the Children’s Health Insurance Program (CHIP).
• Assisting an enrollee’s ability to report changes in eligibility status to the Federally facilitated Marketplace throughout the plan year, including changes that may impact eligibility (like adding a dependent).
• Correcting errors in the application for QHP enrollment.
• Informing or reminding enrollees when QHP coverage should be renewed, when enrollees may no longer be eligible to maintain their current QHP coverage because of age, or to inform enrollees of coverage QHP options at renewal.
• Any disclosure of your PII that we may make to a third party for purposes of operating our EDE Platform will be subject to contractual restrictions, including HIPAA Business Associate Agreements if the disclosure includes Protected Health Information. 
• Providing appropriate information, materials, and programs to inform and educate consumers about the use and management of their health information and services and options offered through the selected QHP and among the available QHP options
• Contacting consumers to assess their satisfaction or resolve complaints with services provided by the agent or broker in connection with the Federally facilitated Marketplace or QHPs.
• Providing assistance in communicating with QHP Issuers.
• Carrying out the agent’s or broker’s legal responsibilities related to QHP issuer functions in the Federally facilitated Marketplace, as permitted or required by the agent’s or broker’s contractual relationships with QHP issuers.
• Other functions substantially similar to those enumerated above and such other functions that may be approved in writing by CMS.

7.    How long and where we keep your PII in our EDE Platform

We’ll keep your PII long enough to provide our EDE Platform services and comply with applicable CMS data retention requirements or other legal obligations. PII in our EDE Platform is stored within the continental United States (“U.S.”).  

Accessing your PII in our EDE Platform

You or your personal representative can access your PII by logging into the EDE Platform and verifying your identity or by completing the Request to Access or Delete PII Records in the EDE Platform.

Correcting or requesting a deletion of your PII in our EDE Platform

You can correct your PII by logging into your EDE account, verifying your identity, accessing your application, and resubmitting your application information through our EDE Platform. In some cases, you may need to contact a government agency or other third party to correct your information. You can request a deletion of your PII by completing the Request to Access or Delete PII Records in the EDE Platform. As noted in the section above, if the law or other regulations require us to keep your PII for a certain period of time, we won’t be able to grant your request to delete your PII in our EDE Platform.

8.    Your disclosure of PII is voluntary  

Disclosure of your PII is voluntary.  You’re under no obligation to provide this information.

9.    The effects of nondisclosure of PII  

While you’re under no obligation to disclose your PII, nondisclosure of PII to us will hinder our ability to determine the suitability of insurance products, your eligibility for insurance products, and to quote insurance products.

10. Filing privacy complaints

If you’re concerned that we may have violated your privacy rights with respect to your PII as provided in this notice, you may complain to us using the contact information listed below.  You may also file a complaint to the U.S. Department of Health and Human Services. 
To Florida Blue:

Florida Blue
Privacy Department
P.O. Box 44283
Jacksonville, FL 32203-4283
1-888-574-2583

To U.S. Department of Health and Human Services:

Secretary of the U.S. Department of Health and Human Services 
200 Independence Ave, S.W.
Washington, D.C. 20201
Call 1-202-619-0257 (or toll free at 1-877-696-6775) or go to the website of the Office for Civil Rights.