Julia - thanks for the breakdown above. My only concern is your fully insured exception item (5). It is my understanding if we have someone go out on FMLA, since it doesn't pertain to a group health plan, we can have the forms completed for medical certification, etc. and still not fall under the HIPAA administrative requirements. Is that your understanding.
However, I am maintaining FMLA return-to-work forms signed by the physicians which contains PHI that is covered under our health plans the same as other HIPAA privacy information. (Just to insure we are making every good faith effort to safeguard all PHI on behalf of our employees.)
I was a little confused on your answer above - we have determined since we don't receive PHI we don't fall under the HIPAA Privacy rules. In obtainig the FMLA information and the physicians completion of the required forms does that mean we would have to comply with the administrative requirements for the HIPAA Privacy rules. My email address is [email]bgreene@axisdental.com[/email] if you would prefer to respond to me there. Thanks for your help on this!
[font size="1" color="#FF0000"]LAST EDITED ON 03-26-04 AT 09:20AM (CST)[/font][br][br]I attended a workshop yesterday where this was discussed. You can still receive information for FMLA as before. If you are not subject to HIPAA, FMLA information won't change that.
Worker's Comp information is also exempt from HIPAA.
I agree. We were told only health insurance plan information is covered. We still get PHI on Workers Comp and FMLA in order to administer these claims and programs.
Comments
It is my understanding if we have someone go out on FMLA, since it doesn't pertain to a group health plan, we can have the forms completed for medical certification, etc. and still not fall under the HIPAA administrative requirements. Is that your understanding.
However, I am maintaining FMLA return-to-work forms signed by the physicians which contains PHI that is covered under our health plans the same as other HIPAA privacy information. (Just to insure we are making every good faith effort to safeguard all PHI on behalf of our employees.)
Worker's Comp information is also exempt from HIPAA.