EBIA Weekly Archives - HIPAA - Questions

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  1. Is a special enrollment right triggered when an employee who previously dropped coverage because she obtained other coverage subsequently loses the other coverage?
    From the April 01, 2004 EBIA Weekly
    QUESTION: One of our employees enrolled in our company's group health plan when she was first eligible, and then six months later she dropped her coverage because she obtained other group health coverage through her spouse's new employer. ...
  2. When a group health plan changes insurers, is the terminated insurer required to issue certificates of creditable coverage?
    From the February 12, 2004 EBIA Weekly
    Please see the updated Question of the Week....
  3. Can we exchange claims information in connection with a merger or acquisition?
    From the February 05, 2004 EBIA Weekly
    QUESTION: Our company is selling one of is divisions, which has its own self-funded health plan. The prospective purchaser wants to see claims information. Does HIPAA restrict our ability to provide it? ANSWER: It depends on the circumstances. Information ...
  4. Under HIPAA's privacy rules, what must be included in an accounting of disclosures?
    From the December 23, 2003 EBIA Weekly
    QUESTION: Our company's self-funded health plan is subject to HIPAA's privacy rules. We know that the plan must provide individuals with an accounting of certain disclosures of their protected health information upon request. What types of disclosures ...
  5. Can our health plan satisfy its HIPAA privacy notice obligation by placing the privacy notice in the plan's SPD?
    From the November 13, 2003 EBIA Weekly
    Please see the updated Question of the Week....
  6. Are group health plans required to allow mid-year enrollment?
    From the October 16, 2003 EBIA Weekly
    QUESTION: Our company maintains an insured major medical plan with the employees' share of premiums payable through our cafeteria plan. An employee was recently married and wants to enroll his spouse for coverage commencing immediately. The plan allows for enrollment ...
  7. What is the effect of including references to ERISA in plan documents for an otherwise exempt church or governmental plan?
    From the September 04, 2003 EBIA Weekly
    QUESTION: My company is a third-party administrator for employee health and welfare plans. We provide services to a wide array of plans that are subject to ERISA, but we also service church and governmental plans. Even though these plans ...
  8. How do HIPAA's privacy rules apply to a fully-insured group health plan?
    From the August 14, 2003 EBIA Weekly
    QUESTION: Our company has 40 employees, all of whom participate in our fully-insured group health plan. I understand that because our plan is insured, it does not qualify for the exclusion from HIPAA's privacy rules that applies to ...
  9. Who is counted as a participant when determining whether our company's plan qualifies for the exclusion from HIPAA's privacy requirements for self-administered group health plans with fewer than 50 participants?
    From the August 07, 2003 EBIA Weekly
    QUESTION: I have heard that HIPAA's privacy requirements don't apply to group health plans with fewer than 50 participants that are administered by the sponsoring employer. But I'm confused about who counts as a participant for this ...
  10. Does HIPAA require our company to obtain an individual's authorization before receiving his or her protected health information (PHI) for purposes of FMLA or ADA compliance?
    From the May 29, 2003 EBIA Weekly
    QUESTION: Our company sometimes requests individually-identifiable health information in connection with our obligations under federal laws other than HIPAA. For example, we may request a medical certification of a serious health condition under the FMLA or we may seek ...

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