EBIA Weekly Archives - HIPAA
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Results (307 articles found)
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- Final FTC Rule on Health Information Breach Notification Published With a Quick Effective Date
- From the August 27, 2009 EBIA Weekly
- Last week we reported that the Federal Trade Commission (FTC) had posted on its website a final rule requiring certain entities not covered under HIPAA to notify consumers when the security of their individually identifiable health information is breached. (See ...
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- HHS and FTC Issue Final Rules on Health Information Breach Notification Requirements
- From the August 20, 2009 EBIA Weekly
- Important new guidance has been issued by both HHS and the FTC to implement breach notification requirements enacted under the American Recovery and Reinvestment Act of 2009 (ARRA) (see our article on these ARRA provisions at http://www.ebia.com/...
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- Does an increase in the cost of group health coverage trigger special enrollment rights?
- From the August 06, 2009 EBIA Weekly
- QUESTION: One of our employees has employee-only coverage under our calendar-year major medical plan and her spouse is enrolled under his employer’s plan which, until recently, paid 90% of the cost of employee-only coverage. The ...
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- HHS Delegates Authority for the Administration and Enforcement of the HIPAA Security Rule to OCR
- From the August 06, 2009 EBIA Weekly
- HHS has delegated to the Office for Civil Rights (OCR) authority under HIPAA to administer and enforce the security standards for the protection of electronic protected health information (this authority had previously been delegated to the Centers for Medicare and ...
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- When is a HIPAA authorization required in connection with obtaining a medical certification for FMLA purposes?
- From the July 23, 2009 EBIA Weekly
- QUESTION: In administering our company’s FMLA program, we request a medical certification of a serious health condition in order to approve the leave. Does HIPAA require us to obtain an individual’s authorization when requesting a medical ...
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- HIPAA Does Not Preempt State-Law Claim for Improper Disclosure of Medical Records
- From the July 23, 2009 EBIA Weekly
- This case involved a patient who sued a medical clinic and two of its employees in connection with the Internet posting of information from the patient’s medical file. In the colorful fact pattern described by the court, a ...
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- Do we need to amend our cafeteria plan as a result of the additional HIPAA special enrollment rights that became available beginning April 1, 2009?
- From the July 16, 2009 EBIA Weekly
- QUESTION: I understand that two additional HIPAA special enrollment rights became available beginning April 1, 2009. Our company’s cafeteria plan allows mid-year election changes that correspond with the special enrollment rights that were already in effect. Do ...
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- EEOC Staff Members Provide Informal Views on Health Risk Assessments, ADA, and Other Benefit-Related Issues
- From the July 16, 2009 EBIA Weekly
- The Joint Committee on Employee Benefits (JCEB) of the American Bar Association has reported on its May 6, 2009 Q&A session with EEOC staff members. The report includes the following informal, nonbinding remarks regarding health risk assessments, the ...
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- How should we respond to a request from a law-enforcement agency for our group health plan records containing PHI?
- From the June 11, 2009 EBIA Weekly
- QUESTION: Our company sponsors a self-funded group health plan. We received a request from a law-enforcement agency requesting the plan’s records relating to a participant’s recent treatment for an injury, based on the agency&#...
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- Informal Discussion Letter Indicates That Requiring Health Risk Assessments to Obtain Health Coverage Violates the ADA
- From the May 07, 2009 EBIA Weekly
- In this informal discussion letter, an EEOC official addresses whether an employer’s requirement that employees participate in a health risk assessment in order to obtain coverage under the employer’s self-funded health plan violates the ADA. ...
