EBIA Weekly Archives - HIPAA - Questions
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Results (68 articles found)
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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 ...
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- Is our major medical plan required to cover adopted children?
- From the January 10, 2008 EBIA Weekly
- QUESTION: An employee who participates in our company’s major medical plan has just adopted a child with an ongoing medical issue. The plan covers dependent children, but our plan documents don’t mention adopted children. Do we ...
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- How should we respond to a subpoena of group health plan records containing PHI?
- From the December 13, 2007 EBIA Weekly
- QUESTION: We just received a subpoena for the group health plan records of some of our participants. Do HIPAA’s privacy rules prevent us from disclosing PHI as part of our response? ANSWER: No—PHI may be disclosed ...
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- Does the HIPAA security rule apply only to electronic PHI?
- From the August 30, 2007 EBIA Weekly
- QUESTION: It is my understanding that the HIPAA security rule applies only to electronic health records and not to paper records. Is that correct? ANSWER: Yes and no. You are correct that the HIPAA security rule applies only to electronic ...
