HIPAA / HITECH Compliance Kit For
In January 2013, HHS issued significant new HIPAA regulations. The primary purpose of the regulations is to implement the 2009 HITECH amendment to HIPAA. In addition, HHS released new sample business associate agreement provisions. Employers need to update their prior HIPAA compliance efforts in response to the new regulations.
There are some important exceptions to the HIPAA privacy rules.
Under the “fully-insured” or “hands off” exception, if an employer’s health plan is fully-insured and only enrollment/disenrollment information and summary health information (with the identifying information deleted) as opposed to protected health information (“PHI”) is disclosed to the plan sponsor and the plan sponsor only uses the summary health information to obtain premium bids or amend/terminate the plan, then the responsibility to comply with the HIPAA privacy rules generally shifts from the plan to the insurer. If the employer receives reports with PHI and/or assists participants in working with the insurer to approve claims, the exception may not apply.
If the employer’s health plan is self-funded and is also self-administered by the employer (that is, the employer does not hire a third-party administrator to process claims) and fewer than 50 employees are eligible for the plan, then the HIPAA privacy rules do not apply.
Miller Johnson has created a special abbreviated version of its regular employer health plan compliance kit for employers. The abbreviated kit is for employers who only must address HIPAA with respect to their medical FSAs, self-funded medical reimbursement plans and/or HRAs. This abbreviated kit is known as the medical FSA/HRA kit. (The reference to HRAs includes self-funded medical reimbursement plans.) The kit includes a had copy and electronic version of the following:
Miller Johnson is offering employers a new medical FSA / HRA compliance kit to address the final regulations and all of the employer’s HIPAA / HITECH compliance requirements. If you are an employer that previously purchased a compliance kit from Miller Johnson, the cost of the new kit is $250. It is intended to replace any prior kit you purchased from Miller Johnson. If you are an employer that has not previously ordered a compliance kit from Miller Johnson, we are also making the kit available to you. Your cost of the kit is $350. However, please note that we are providing a $100 discount to employers (new and returning customers) who attend one of our HIPAA / HITECH workshops.
The kit is intended for use by employers in their capacity as health plan sponsors with respect to their medical FSAs, self-funded medical reimbursement plans and/or HRAs. It is for the purpose of addressing all of the documents needed in order to comply with the final regulations with respect to these plans. As a result, it should update and replace prior HIPAA and HITECH compliance efforts.
If you are interested in ordering a HIPAA / HITECH compliance kit, please download the order form here and submit it to Mary Kral.
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