EBIA Weekly Archives - HIPAA - Questions

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  1. 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 ...
  2. 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 ...
  3. 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 ...
  4. What is a "personal representative" under the HIPAA privacy rules?
    From the April 03, 2003 EBIA Weekly
    QUESTION: I understand that the HIPAA privacy rules generally require a covered entity to treat an individual's personal representative as the individual. What is a personal representative and how do we determine if someone is an individual's personal ...
  5. What is the deadline for including HIPAA privacy requirements in an existing contract with a business associate, if the contract renews automatically on January 1 of next year?
    From the December 19, 2002 EBIA Weekly
    QUESTION: Our company sponsors a self-funded medical plan. We use a TPA to pay claims and perform other functions under the plan involving the use and disclosure of protected health information (PHI). The contract with our TPA will automatically ...
  6. What changes must we make in our HIPAA procedures and forms as a result of the Trade Act of 2002?
    From the November 21, 2002 EBIA Weekly
    QUESTION: We have heard that the Trade Act of 2002 changes the way that the HIPAA 63-day break in coverage rules are applied to individuals who elect COBRA coverage during a special second COBRA election period created for certain ...
  7. What are the various compliance deadlines under HIPAA's administrative simplification provisions?
    From the August 22, 2002 EBIA Weekly
    QUESTION: I'm a benefits administrator for a large company. We're trying to get our arms around the various new requirements under HIPAA administrative simplification. I know that some of the deadlines are drawing near, and others have been ...
  8. What must an employer sponsoring a self-funded health plan do to comply with HIPAA's privacy rules?
    From the June 27, 2002 EBIA Weekly
    QUESTION: Our company sponsors a self-funded group health plan with 200 participants. The plan is administered by an outside TPA, but the company's administrative committee retains final responsibility for claims appeals. We know that the plan itself must ...
  9. What happens when an employee's child, who is on COBRA after ceasing to be a dependent as defined by the plan, becomes a dependent again when he starts college?
    From the May 23, 2002 EBIA Weekly
    QUESTION: An employee had coverage under our company's group health plan for himself, his wife and his son Sam. Then Sam had his 19th birthday (the age at which children become ineligible for dependent coverage under our plan, unless ...
  10. Can our former employee, who is on COBRA, enroll her spouse, child, and newborn in our group health plan in the middle of the plan year?
    From the May 02, 2002 EBIA Weekly
    QUESTION: We have a former employee (Jane) who is currently on COBRA. Jane is married, has a child, and is pregnant. Her spouse (Mike) and child were not covered under the plan while Jane was employed with our company. (They ...

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