As scary as they seem at first glance, complying with health insurance portability and accountability act (HIPAA)’s privacy rules may be relatively painless.
Contrary to common belief, the rules – with several key exceptions – apply only to a fraction of the medical information Benefits handles.
As long as the company remains legally “hands off” of employee’s private health information, you can dodge most of the HIPAA bullet.
For health insurance portability and accountability act (HIPAA) privacy purposes, your firm is considered “hands off” even when you obtain de-identified personal information, aggregate claims data and routine enrollment info.
Bottom line – When your organization’s health plans are fully insured and the claims administered through a TPA, the insurance company – not your firm – bears the brunt of the health insurance portability and accountability act (HIPAA) privacy compliance responsibility.
One major exception – medical cafeteria plans. In most cases, you’ve two compliance choices –
• Process reimbursement requests first through your TPA, with the TPA making sure the claim qualifies below the terms of the cafeteria plan before your firm reimburses it, or
• Develop a written cafeteria plan privacy policy, issue a notice to workers, appoint a privacy officer and amend your plan documents.
Rarely affects FMLA
Many individuals - including healthcare providers – misunderstand how health insurance portability and accountability act (HIPAA) affects medical certifications for FMLA leave. the key – health insurance portability and accountability act (HIPAA) only applies to personal information that filters through your health plan, not certifications obtained from a doctor.
Under FMLA, you’re permitted to obtain the minimum information you need to approve and administer leave. In like fashion, health insurance portability and accountability act (HIPAA) doesn’t apply to most workers’ comp, return-to-work notices or disability claims.
Even so, it compensates to be careful how you ask for and use the information. Other state and federal privacy laws often protect the same types of info people assume falls under health insurance portability and accountability act (HIPAA).
Following procedures
The health insurance portability and accountability act (HIPAA) privacy rules are heavy on paperwork and procedure.
But since your firm follows the info-gathering process spelled out in your medical plan documents, the HIPAA privacy rules should present few major obstacles.
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