EBIA Weekly Archives - HIPAA - Questions

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Results (71 articles found)


  1. What notification obligations apply to third-party administrators in the event of a breach of unsecured PHI?
    From the April 22, 2010 EBIA Weekly
    QUESTION: As a third-party administrator (TPA) for group health plans, what are our obligations for providing notification if we discover a breach of unsecured PHI relating to a group health plan for which we provide claims processing services? ANSWER: ...
    [Question of the Week]
  2. How does GINA limit requests for family medical history under a wellness program offered as part of a group health plan?
    From the April 15, 2010 EBIA Weekly
    QUESTION: We would like to offer a voluntary wellness program as part of our company’s self-insured group health plan. The program would request (but not require) employees to complete a health risk assessment questionnaire. Employees who complete ...
    [Jones v. Harris Assocs., 2010 WL 1189560 (U.S. 2010)]
  3. Is a self-administered health FSA with fewer than 50 participants required to comply with HIPAA's privacy and security requirements?
    From the March 25, 2010 EBIA Weekly
    QUESTION: Our company has 45 employees, all of whom are eligible for participation in the health FSA, which we administer in-house. Is our health FSA required to comply with the privacy and security requirements under HIPAA? ANSWER: No, but ...
  4. 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 ...
  5. 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 ...
  6. 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 ...
  7. 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 ...
  8. 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 ...
  9. 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&#...
  10. 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 ...

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