Wellness Programs : Worker Privacy.
As scary as they seem at first glance, complying with HIPAA’s privacy rules may 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 organization remains legally “hands off” of employee’s private health information, you can dodge most of the health insurance portability and accountability act (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 heath programs are fully insured and the claims administered through a TPA, the insurance business – not your firm – bears the brunt of the HIPAA privacy compliance responsibility.
One major exception – medical cafeteria plans. In most cases, you’ve two compliance options –
• Process reimbursement requests first through your TPA, with the TPA making sure the claim qualifies beneath 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
A lot of people - including health care providers – misunderstand how HIPAA affects medical certifications for FMLA leave. The key – HIPAA only applies to personal information that filters through your health plan, not certifications acquired from a doctor.
Under FMLA, you’re permitted to obtain the minimum information you need to approve and administer leave. Similarly, HIPAA does not 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 if your firm follows the info-gathering process spelled out in your health plan documents, the HIPAA privacy rules should present few major obstacles.
