EBIA Weekly Archives - HIPAA - Questions

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  1. When COBRA coverage ends early, can the HIPAA certificate be sent with the COBRA termination notice?
    From the November 19, 2009 EBIA Weekly
    QUESTION: We would like to provide the notice of termination of COBRA coverage together with the HIPAA certificate of creditable coverage. Is this permissible and, if so, are there any differences between the delivery requirements for COBRA notices of termination ...
  2. Is there a new requirement to encrypt all electronic PHI under HIPAA?
    From the October 22, 2009 EBIA Weekly
    QUESTION: Our company sponsors a self-insured health plan and, as part of our risk analysis under HIPAA’s security rule, we decided to rely on firewalls and other access controls to make electronic PHI inaccessible, as opposed to ...
  3. Does an increase in the cost of group health coverage trigger special enrollment rights?
    From the August 06, 2009 EBIA Weekly
    QUESTION: One of our employees has employee-only coverage under our calendar-year major medical plan and her spouse is enrolled under his employer’s plan which, until recently, paid 90% of the cost of employee-only coverage. The ...
  4. When is a HIPAA authorization required in connection with obtaining a medical certification for FMLA purposes?
    From the July 23, 2009 EBIA Weekly
    QUESTION: In administering our company’s FMLA program, we request a medical certification of a serious health condition in order to approve the leave. Does HIPAA require us to obtain an individual’s authorization when requesting a medical ...
  5. Do we need to amend our cafeteria plan as a result of the additional HIPAA special enrollment rights that became available beginning April 1, 2009?
    From the July 16, 2009 EBIA Weekly
    QUESTION: I understand that two additional HIPAA special enrollment rights became available beginning April 1, 2009. Our company’s cafeteria plan allows mid-year election changes that correspond with the special enrollment rights that were already in effect. Do ...
  6. How should we respond to a request from a law-enforcement agency for our group health plan records containing PHI?
    From the June 11, 2009 EBIA Weekly
    QUESTION: Our company sponsors a self-funded group health plan. We received a request from a law-enforcement agency requesting the plan’s records relating to a participant’s recent treatment for an injury, based on the agency&#...
  7. How do the rules under the Genetic Information Nondiscrimination Act (GINA) affect group health plans and employers?
    From the April 16, 2009 EBIA Weekly
    QUESTION: We’ve heard that group health plans and employers will soon be impacted by rules under the Genetic Information Nondiscrimination Act (GINA). How will group health plans and employers be affected? ANSWER: You’re right that GINA ...
  8. Do we have to allow mid-year enrollment of an employee's spouse in our plan even though her COBRA coverage has not been exhausted?
    From the April 02, 2009 EBIA Weekly
    QUESTION: The spouse of one of our employees received a generous severance package under which her former employer has been paying her COBRA premiums for the past nine months. Her former employer’s contributions are now ending (even though ...
  9. What are the new special enrollment requirements that take effect on April 1, 2009?
    From the March 19, 2009 EBIA Weekly
    QUESTION: What must our group health plan do to comply with the new special enrollment requirements that take effect on April 1, 2009? ANSWER: As background, HIPAA already requires special enrollment (i.e., mid-year enrollment of employees and dependents) ...
  10. What is the difference between "consent" and "authorization" for purposes of the HIPAA privacy rule?
    From the December 18, 2008 EBIA Weekly
    QUESTION: We have been told that obtaining an individual’s authorization for a disclosure under HIPAA’s privacy rule is not the same as obtaining a consent. Is that correct? What is the difference between an authorization and ...

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