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Notice of Privacy Practices

THIS NOTICE OF PRIVACY PRACTICES DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice of Privacy Practices (the "Notice") describes the legal obligations of Terra Holdings, LLC (the "Plan") and your legal rights regarding your protected health information held by the Plan under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act). Among other things, this Notice describes how your protected health information may be used or disclosed to carry out treatment, payment, or health care operations, or for any other purposes that are permitted or required by law.

We are required to provide this Notice of Privacy Practices to you pursuant to HIPAA.

The HIPAA Privacy Rule protects only certain medical information known as "protected health information." Generally, protected health information (PHI) is health information, including demographic information, collected from you or created or received by a health care provider, a health care clearinghouse, a health plan, or your employer on behalf of a group health plan, from which it is possible to individually identify you and that relates to:

  • Your past, present, or future physical or mental health or condition;
  • The provision of health care to you; or
  • The past, present, or future payment for the provision of health care to you.
I. Contact Information

If you have any questions about this Notice or about our privacy practices, and for any correspondence or requests related to the contents of this Notice, please contact

Judith Caplan - Senior Vice President, Human Resources
Phone: (212) 508-7304

II. Effective Date

This Notice is effective February 6, 2026.

III. Our Responsibilities

We are required by law to:

  • maintain the privacy of your PHI;
  • provide you with certain rights with respect to your PHI;
  • provide you with a copy of this Notice of our legal duties and privacy practices with respect to your PHI; and
  • follow the terms of the Notice that is currently in effect.

We reserve the right to change the terms of this Notice and to make new provisions regarding your PHI that we maintain, as allowed or required by law. If we make any material change to this Notice, we will provide you with a copy of our revised Notice of Privacy Practices.

IV. How We May Use and Disclose Your PHI

Under the law, we may use or disclose your PHI under certain circumstances without your permission. The following categories describe the different ways that we may use and disclose your PHI. For each category of uses or disclosures we will explain what we mean and present some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories. Note that we will use and disclose PHI as described below unless otherwise prohibited or restricted by applicable state or other law, and that information can lose its protected status as PHI once re-disclosed by a recipient.

For Treatment. When and as appropriate, we may use or disclose medical information about you to facilitate medical treatment or services by health care providers. We may disclose medical information about you to providers, including doctors, nurses, technicians, medical students, or other hospital personnel who are involved in taking care of you. For example, we might disclose information about you with physicians who are treating you.

For Payment. We may use or disclose your protected health information to determine your eligibility for Plan benefits, to facilitate payment for the treatment and services you receive from health care providers, to determine benefit responsibility under the Plan, or to coordinate Plan coverage. For example, we may tell your health care provider about your medical history to determine whether a particular treatment is experimental, investigational, or medically necessary, or to determine whether the Plan will cover the treatment. We may also share your protected health information with a utilization review or pre-certification service provider. Likewise, we may share your protected health information with another entity to assist with the adjudication or subrogation of health claims or to another health plan to coordinate benefit payments.

For Health Care Operations. We may use and disclose your protected health information for other Plan operations. These uses and disclosures are necessary to run the Plan. For example, we may use medical information in connection with conducting quality assessment and improvement activities; underwriting, premium rating, and other activities relating to Plan coverage; submitting claims for stop-loss (or excess-loss) coverage; conducting or arranging for medical review, legal services, audit services, and fraud and abuse detection programs; business planning and development such as cost management; and business management and general Plan administrative activities. However, we will not use your genetic information for underwriting purposes.

Substance Use Disorder (SUD) Treatment Information. Some of your health information may be part of a SUD patient record and subject to additional protections under federal law (42 CFR Part 2) governing confidentiality of SUD patient records.

If we receive or maintain any information about you from a SUD treatment program that is covered by 42 CFR Part 2 (a “Part 2 Program”) through a general consent you provide to the Part 2 Program to use and disclose the SUD patient record for purposes of treatment, payment or health care operations, we may use and disclose your SUD patient record for treatment, payment and health care operations purposes as described in this Notice. If we receive or maintain your SUD patient record through specific consent you provide to us or another third party, we will use and disclose your SUD patient record only as expressly permitted by you in your consent as provided to us. In no event will we use or disclose your SUD patient record, or testimony that describes the information contained in your SUD patient record, in any civil, criminal, administrative, or legislative proceedings by any Federal, State, or local authority, against you, unless authorized by your consent or the order of a court after it provides you notice of the court order.

To Business Associates. We may contract with individuals or entities known as Business Associates to perform various functions on our behalf or to provide certain types of services. In order to perform these functions or to provide these services, Business Associates will receive, create, maintain, transmit, use, and/or disclose your PHI, but only after they agree in writing with us to implement appropriate safeguards regarding your PHI. For example, we may disclose your PHI to a Business Associate to process your claims for Plan benefits or to provide support services, such as utilization management, pharmacy benefit management, or subrogation, but only after the Business Associate enters into a Business Associate contract with us.

Treatment Alternatives or Health-Related Benefits and Services. We may use and disclose your protected health information to send you information about treatment alternatives or other health-related benefits and services that might be of interest to you.

As Required by Law. We will disclose your PHI when required to do so by federal, state, or local law. For example, we may disclose your PHI when required by national security laws or public health disclosure laws.

To Avert a Serious Threat to Health or Safety. We may use and disclose your PHI when necessary to prevent a serious threat to your health and safety, or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat. For example, we may disclose your PHI in a proceeding regarding the licensure of a physician.

To Plan Sponsors. For the purpose of administering the plan, we may disclose PHI to certain employees of the Employer. However, those employees will only use or disclose that information as necessary to perform plan administration functions or as otherwise required by HIPAA, unless you have authorized further disclosures. Your PHI cannot be used for employment purposes without your specific authorization.

V. Special Situations

In addition to the above, the following categories describe other possible ways that we may use and disclose your PHI without your specific authorization. Not every use or disclosure is listed; however, all permitted disclosures fall within these categories.

Organ and Tissue Donation. If you are an organ donor, we may release your PHI after your death to organizations involved in organ procurement, transplantation, or donation banking as necessary.

Military. If you are a member of the armed forces, we may release your PHI as required by military command authorities. PHI of foreign military personnel may also be disclosed to appropriate authorities.

Workers' Compensation. We may release PHI for workers' compensation or similar programs, as authorized by applicable laws providing benefits for work-related injuries or illness.

Public Health Risks. We may disclose your PHI for public health activities including:

  • Preventing or controlling disease, injury, or disability
  • Reporting births and deaths
  • Reporting child abuse or neglect
  • Reporting reactions to medications or product problems
  • Notifying people of product recalls
  • Notifying individuals exposed to disease risks
  • Notifying authorities of abuse, neglect, or domestic violence when permitted or required by law

Health Oversight Activities. We may disclose PHI to health oversight agencies for audits, investigations, inspections, licensure activities, and monitoring compliance with laws.

Lawsuits and Disputes. PHI may be disclosed in response to court orders, administrative orders, subpoenas, or lawful legal processes, provided appropriate protections are applied.

Law Enforcement. We may disclose PHI to law enforcement officials:

  • In response to court orders, subpoenas, warrants, or similar legal processes
  • To identify or locate suspects, fugitives, witnesses, or missing persons
  • About victims of crimes in limited circumstances
  • Regarding deaths suspected to result from criminal conduct
  • Regarding criminal conduct

Coroners, Medical Examiners, and Funeral Directors. We may release PHI to identify deceased individuals, determine cause of death, or allow funeral directors to carry out duties.

National Security and Intelligence Activities. PHI may be disclosed to authorized federal officials for intelligence or national security purposes.

Inmates. If you are an inmate or in law enforcement custody, PHI may be disclosed as necessary to provide healthcare, maintain safety, or ensure institutional security.

Research. PHI may be disclosed to researchers when:

  • Individual identifiers have been removed; or
  • An institutional review board or privacy board approves research protocols protecting privacy.
VI. Required Disclosures

Government Audits. We must disclose PHI to the U.S. Department of Health and Human Services when required for HIPAA compliance investigations.

Disclosures to You. Upon request, we must provide access to medical records, billing records, and other information used to make decisions about your health benefits. You may also request an accounting of disclosures made for purposes other than treatment, payment, or healthcare operations.

VII. Other Disclosures

Personal Representatives. We will disclose your PHI to individuals authorized by you or designated as your personal representative (such as attorney-in-fact), provided you submit written authorization and supporting documents.

Under HIPAA, we may refuse disclosure if we reasonably believe:

  • You have been or may be subject to domestic violence, abuse, or neglect by such person
  • Treating the person as your representative could endanger you
  • Professional judgment determines it is not in your best interest

Spouses and Other Family Members. Except in limited situations, all mail will be sent to the employee, including communications related to spouses or family members covered under the Plan. If confidential communication restrictions are approved, mail will follow those instructions.

Authorizations. Uses or disclosures not described in this Notice require written authorization. We will not use psychiatric notes, marketing disclosures, or sell PHI without authorization. You may revoke authorization in writing at any time; revocation applies only to future uses.

VIII. Your Rights

You have the following rights with respect to your PHI:

Right to Inspect and Copy. You have the right to inspect and copy certain PHI that may be used to make decisions about your Plan benefits. If the requested information is maintained electronically, we will provide it in the electronic format you request where feasible. If it cannot be produced in that format, we will work with you to agree on an alternative format or provide a paper copy.

To inspect and copy your PHI, you must submit your request in writing. A reasonable fee may apply for copying, mailing, or related supplies. In limited circumstances, we may deny access. If denied, you may request a review of the decision by submitting a written request.

Right to Amend. If you believe your PHI is incorrect or incomplete, you may request an amendment. Requests must be submitted in writing and include supporting reasons.

We may deny amendment requests if:

  • The information is not part of the medical information kept by or for the Plan
  • The information was not created by us and the creator is available to amend it
  • The information is not eligible for inspection and copying
  • The information is accurate and complete

If your request is denied, you may submit a statement of disagreement, which will be included in future disclosures.

Right to an Accounting of Disclosures. You may request a list of certain disclosures of your PHI. The accounting will not include:

  • Disclosures for treatment, payment, or health care operations
  • Disclosures made directly to you
  • Disclosures made pursuant to your authorization
  • Disclosures to friends or family during emergencies
  • National security disclosures
  • Incidental disclosures otherwise permitted

Requests must be submitted in writing and may cover a period up to six years. The first request within a 12-month period is free; additional requests may incur a reasonable fee.

Right to Request Restrictions. You may request restrictions on how PHI is used or disclosed for treatment, payment, or operations, or disclosures to individuals involved in your care. While we are not always required to agree, if accepted we will honor the restriction until revoked or modified.

We will comply with restriction requests when:

  • The disclosure is to a health plan for payment or operations purposes (not treatment)
  • The healthcare item or service has been paid in full by you or another person

Requests must be made in writing and must specify:

  • What information you want restricted
  • Whether the restriction applies to use, disclosure, or both
  • Who the restriction applies to (e.g., spouse)

Right to Request Confidential Communications. You may request communication through specific methods or locations (e.g., work address or mail only). Requests must be in writing and reasonable requests will be accommodated.

Right to Be Notified of a Breach. You have the right to be notified if unsecured PHI is breached by us or a Business Associate.

Right to a Paper Copy of This Notice. You may request a paper copy at any time, even if you agreed to receive the notice electronically.

IX. Complaints

If you believe your privacy rights have been violated, you may file a complaint with the Plan or with the Office for Civil Rights of the United States Department of Health and Human Services. Complaints must be submitted in writing.

You will not be penalized or retaliated against for filing a complaint.

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