EBIA Weekly Archives - HIPAA - Questions

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  1. Under the new HIPAA portability regulations, are health plans required to provide special enrollment rights for newly acquired stepchildren?
    From the June 16, 2005 EBIA Weekly
    QUESTION: We sponsor a major medical plan that allows enrollment during an annual open enrollment period. An employee was recently married and wants immediate enrollment for his new wife and her two minor children by a prior marriage. Our plan ...
  2. Can we throw away the paper records for our ERISA plans and retain our records in an electronic format?
    From the March 10, 2005 EBIA Weekly
    Please see the updated Question of the Week....
  3. There's a new HIPAA special enrollment right when a current employee or dependent reaches a lifetime limit on benefits-what does this mean for our company's self-funded group health plan?
    From the February 24, 2005 EBIA Weekly
    QUESTION: Our company has a self-funded group health plan that offers several different benefit packages (PPOs, traditional indemnity options, etc.). Some of the packages have different lifetime limits on benefits. I've heard that the new HIPAA portability regulations ...
  4. What does an employer that sponsors a self-funded health plan have to do in order to have access to electronic PHI under the HIPAA security rule?
    From the January 13, 2005 EBIA Weekly
    QUESTION: Our company sponsors a self-funded group health plan and the plan document has been amended to permit disclosure of electronic PHI to us for the administration functions that we perform for the plan. The plan itself has no ...
  5. What must our self-funded group health plan do in order to comply with the HIPAA security rule? (Part 2)
    From the December 16, 2004 EBIA Weekly
    QUESTION: We provide health coverage to our employees through a self-funded group health plan. What will we have to do to be sure the plan will be ready to comply with the HIPAA security rule? ANSWER: Because this is ...
  6. What must our self-funded group health plan do to comply with the HIPAA security rule? (Part 1)
    From the December 09, 2004 EBIA Weekly
    QUESTION: We provide health coverage to our employees through a self-funded group health plan. What will we have to do to be sure the plan will be ready to comply with the HIPAA security rule? ANSWER: This is a ...
  7. Can an employer avoid liability under HIPAA by outsourcing its HIPAA certificates of creditable coverage to a TPA?
    From the November 24, 2004 EBIA Weekly
    QUESTION: We are an employer that sponsors a self-funded health plan. Although we are the ERISA plan administrator, we outsource to a TPA most of the plan's functions, including the HIPAA certificates of creditable coverage. We have heard ...
  8. May a group health plan comply with a law enforcement agency's request for information about a participant?
    From the August 12, 2004 EBIA Weekly
    QUESTION: Our company sponsors a self-funded group health plan that is subject to the HIPAA privacy rules. A law enforcement agency requested the plan's records relating to a participant's prescription drug usage. The agency does not have ...
  9. When do the HIPAA privacy rules apply to individually identifiable health information received by our HR department?
    From the July 08, 2004 EBIA Weekly
    QUESTION: Our human resources department often receives individually identifiable health information from employees, health care providers, or health plans in connection with an employee's request for leave (e.g., sick leave or FMLA leave) or a reasonable accommodation under ...
  10. Does a plan have to extend the HIPAA special enrollment period until the end of an individual's COBRA election period?
    From the May 13, 2004 EBIA Weekly
    QUESTION: An employee with employee-only coverage under our company's major medical plan has informed us that her husband will lose his employer-provided group health coverage at the end of May due to a termination of employment. He ...

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