Wellness Programs : Employee Privacy.
As scary as they seem at first glance, complying with HIPAA’s privacy rules can be relatively painless.
Contrary to common belief, the rules – with a few key exceptions – apply only to a fraction of the health information Benefits handles.
As long as the corporation remains legally “hands off” of employee’s private health information, you can dodge most of the HIPAA bullet.
For 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 medical programs are fully insured and the claims administered through a TPA, the insurance corporation – 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 underneath the terms of the cafeteria plan before your firm reimburses it, or
• Develop a written cafeteria plan privacy policy, issue a notice to employees, appoint a privacy officer and amend your plan documents.
Rarely affects FMLA
Many people - including health care 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 physician.
Under FMLA, you’re permitted to obtain the minimum information you need to approve and administer leave. In like manner, HIPAA doesn’t apply to most workers’ comp, return-to-work notices or disability claims.
Even so, it compensates to be cautious how you ask for and use the information. Other state and federal privacy laws often protect the same kinds 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 health plan documents, the HIPAA privacy rules should present few major obstacles.