Nixon & Lindstrom Insurance

HIPAA PRIVACY FOR EMPLOYERS
A Comprehensive Introduction Sections Three, Four and Five

SECTION THREE: EMPLOYERS AS PROVIDERS

Many employers provide medical or other health services through on-site health clinics, as well as wellness programs, disease management programs, employee assistance programs and occupational health and medicine services. All such services or programs meet the definition of health care.

If an employer provides or otherwise furnishes such services, the employer may also fall under the HIPAA privacy regulations as a provider and should consult with legal counsel to determine HIPAA compliance requirements in this capacity.

SECTION FOUR: COMPLIANCE

Employers must become aware of and informed about the HIPAA privacy regulations and their impact on their organizations and their operational policies and procedures. The compliance countdown has begun.

SUGGESTED PLAN OF ACTION FOR COMPLIANCE (THE GROUP'S LEGAL COUNSEL SHOULD BE THOROUGHLY INVOLVED IN THIS PROCESS)

Define the group's status as a covered entity.
Ensure the distinction between the group health plan and the plan sponsor is clear.
Perform a gap analysis (current operation versus what is required by the privacy regulation).
Identify the organization's risk areas (the "gaps").
Develop a strategy to eliminate the gaps (the compliance plan).
Implement the strategy-execute the plan.
Document all compliance efforts. (if it is not documented, it did not happen.)

SECTION 5: HELPFUL REFERENCES

There is a wealth of information being published to keep the health care community informed of what is happening on the HIPAA front. The following helpful HIPAA Web sites are available for assistance with HIPAA information:

Public Resources:

Text of Administrative Simplification Law and Regulation: http://aspe.os.dhhs.gov/admnsimp
WEDI Strategic National Implementation Process: http://snip.wedi.org

For More Information:

Boundary Information Group: http://www.hipaainfo.net
HIPAA Alert: http://www.hipaadvisory.com

Tools for Organizations:

WEDI SNIP White Papers: http://snip.wedi.org

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