Worker Privacy.

As scary as they seem at first glance, complying with health insurance portability and accountability act (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 medical information Benefits handles.

As long as the business remains legally “hands off” of employee’s private health information, you can dodge most of the 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 -  If your organization’s health plans are fully insured and the claims administered through a TPA, the insurance company - not your firm - bears the brunt of the health insurance portability and accountability act (HIPAA) privacy compliance responsibility.

One major exception -  medical cafeteria plans. In most cases, you’ve two compliance choices -

• Process reimbursement requests first through your TPA, with the TPA making sure the claim qualifies under 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

Many individuals  - 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. Likewise, HIPAA doesn’t apply to most workers’ comp, return-to-work notices or disability claims.

Even so, it pays to be careful how you ask for and use the information. Other state and federal privacy laws often protect the same kinds of info individuals  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 since your firm follows  the info-gathering process spelled out in your health plan documents, the health insurance portability and accountability act (HIPAA) privacy rules ought to present few major obstacles.