HIPAA

KenB

Does anyone know if the HIPAA privacy requirements would apply to an organization that maintains a first aid office that provides first aid services to its workforce, most of which live on site where they work, e.g. a retreat site situation? The first aid office does not offer actual medical care. It's staffed by RNs and refers out any medical needs to doctors in the surrounding community.

awilliams

KenB-

I have a reply for you! This reply was provided by John Hickman, Esq., a member of the advisory board of editors of one of our in-hjouse newsletters, Benefits and Compensation Law Alert. BCLA is a monthly newsletter that offers helpful information about all areas of employee benefits law. For information on how to subscribe to BCLA, go to: [url]http://www.hrhero.com/bcla.shtml[/url].

Without any further ado, here is the reply:

The on-site medical clinic itself would not be a "health plan"
subject to HIPAA because, the HIPAA privacy regulations carve out "on-site
medical clinics" as an exception to the regulations (see definition of health plan in 45 CFR 160.103 referencing 2791(c)(1) of the PHSA).

While the clinic itself would not be subject to the requirements,
any health care provider (defined broadly in 45 CFR 160.103 to include nurse
practitioners, etc)would be subject to HIPAA's privacy requirements if it
conducts electronic transactions (e.g., billing with a health plan, etc)
with a health plan.

I hope that this helps!