HIPAA Compliance
Sherrie
15 Posts
We are a small bank with 53 employees. Our health and dental plans are fully insured. The only Personal Health Information we receive is information provided on the health questionnaire in our health insurance enrollment form. We also have an FSA with 10 participants. I recently read an article that said if the FSA is self-funded, self-administered, and covers fewer than 50 participants, it isn't subject to any of the HIPAA rules. We do administer it internally, but as I mentioned, we only have approximately 10 participants. Based on this information, do we need to comply with the HIPAA regulations?
Comments
"FSA's and Cafeteria Plans are covered entities if they otherwise meet the ERISA definition, unless they:
1. Have fewer than 50 participants; and
2. Are self-administered."
Sounds like the answer is "no". You're clear.
Great!! Now our intent is being legislated.
Also, work comp is not supposed to be affected by HIPAA, but several employers here have noticed a real slowdown in claims payment due to the privacy issues. Anyone else noticing the same thing?
Nothing to it now, so I expect HIPAA will be the same as we become more acquainted with the compliant requirements. Plus it is just good business practice to protect PHI and have a policy concerning the protection process. Best wishes from SC.