EBIA Weekly Archives - HIPAA - Questions

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Results (71 articles found)


  1. 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 ...
  2. 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 ...
  3. 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 ...
  4. May our plan terminate the COBRA coverage of an individual who is eligible for coverage under another group health plan?
    From the May 17, 2007 EBIA Weekly
    QUESTION: A former employee of our company is receiving COBRA coverage under our company’s major medical plan and has been making timely COBRA premium payments. Her maximum COBRA coverage period will expire in another 12 months. She has ...
  5. If different employees have different balances in their HRAs, would the HRA violate HIPAA's nondiscrimination rules?
    From the May 10, 2007 EBIA Weekly
    QUESTION: For several years our company has had an HRA with an annual maximum reimbursement amount of $1,500 for each eligible employee and a carryover feature. Different employees have had different amounts of reimbursable expenses and now have different ...
  6. Are group health plans required to allow mid-year enrollment and option changes?
    From the April 12, 2007 EBIA Weekly
    QUESTION: Our company has a major medical plan with HMO and PPO options. Employees pay their share of premiums through our cafeteria plan. An employee who has been covered under the HMO option recently got married. She wants to drop ...
  7. Can we fire an employee who defrauded our health plan?
    From the March 15, 2007 EBIA Weekly
    QUESTION: We have a self-funded group health plan, and those of us here in the HR department handle plan functions as well as employment-related functions. We discovered that one of our employees submitted fraudulent claims to the plan. ...
  8. Can our group health plan's HIPAA notice of availability be provided electronically?
    From the February 08, 2007 EBIA Weekly
    QUESTION: We’re preparing our group health plan’s notice of availability (the notification that the HIPAA notice of privacy practices is available and how to obtain a copy). It would save us time and money if we ...
  9. Can we destroy the paper records for our ERISA plans and retain our records in electronic form?
    From the October 12, 2006 EBIA Weekly
    Please see this related Question of the Week: http://www.ebia.com/WeeklyArchives/401k/Questions/19741. QUESTION: Our company is the designated plan administrator of our employee benefit plans. We have run out of storage space for paper records in ...
  10. To reduce costs, can our self-funded group health plan exclude coverage for injuries resulting from misuse of alcohol or illegal drugs?
    From the September 14, 2006 EBIA Weekly
    QUESTION: Last year one of our employees was in a bad automobile accident and incurred huge hospital bills. He was driving, and his blood alcohol level was over the legal limit. We’re reviewing our plan for cost-saving ...

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