EBIA Weekly Archives - HIPAA - Questions
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Results (71 articles found)
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- 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 ...
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- 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) ...
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- 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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- Can our former employee who is on COBRA enroll her spouse, child, and newborn in our health plan in the middle of the plan year?
- From the December 11, 2008 EBIA Weekly
- QUESTION: We have a former employee who is currently on COBRA. She is married, has a child, and is pregnant. Her spouse and child were not covered under our plan while she was employed with our company. (They declined coverage ...
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- How does the Pregnancy Discrimination Act affect our company's group health plans?
- From the December 04, 2008 EBIA Weekly
- QUESTION: We know that our company is subject to the Pregnancy Discrimination Act (PDA). How does this affect our group health plans? ANSWER: The PDA (which amended Title VII of the Civil Rights Act of 1964) prohibits employers from discriminating ...
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- How do HIPAA's privacy and security rules apply to a fully insured group health plan?
- From the October 02, 2008 EBIA Weekly
- QUESTION: Our company offers a fully insured group health plan to a workforce of approximately 40 employees. I understand that because our plan is insured, it does not qualify for the exclusion from HIPAA’s privacy rule that applies ...
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- What rules must we follow under USERRA when reinstating the health coverage of an employee who has returned from uniformed service?
- From the September 25, 2008 EBIA Weekly
- QUESTION: We are reemploying an employee who has returned from service in the uniformed services. She chose not to continue her health plan coverage when she left for her service. We know that we must reinstate her coverage, but can ...
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- Will including a privacy notice in our health plan's SPD satisfy HIPAA's privacy notice distribution requirements?
- From the March 06, 2008 EBIA Weekly
- QUESTION: Our company has a new self-insured health plan, and we are preparing the plan’s SPD and HIPAA privacy notice. Can we satisfy HIPAA’s privacy notice distribution requirements by placing the privacy notice in the ...
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- Is our company's employee assistance program (EAP) subject to HIPAA's portability and nondiscrimination rules?
- From the February 21, 2008 EBIA Weekly
- QUESTION: We offer an employee assistance program (EAP) to our employees and are wondering whether our EAP is subject to HIPAA’s portability and nondiscrimination rules? ANSWER: It is most likely that your company’s EAP will be ...
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- Can our health plan exclude benefits for injuries caused by engaging in dangerous activities?
- From the February 14, 2008 EBIA Weekly
- QUESTION: Is it acceptable under HIPAA’s nondiscrimination rules for a group health plan to exclude benefits for injuries caused by engaging in certain dangerous activities, such as motorcycling or skydiving? ANSWER: Yes, it is permissible under HIPAA for ...
