Does anyone else hate HIPAA?

Paula

I seem to get a different answer from everyone else I've asked this question to, so I beg for your advice. We have 90 employees, and a Blue Cross Blue Shield health plan. The only thing I do with it is new hire enrollments, enrollment changes and pay the monthly statements. So there really isn't a time when I am seeing any protected health information. BCBS told me I need to send out a privacy notice to the staff. Is this correct?

Question 2: I administer an in-house Cafeteria plan to our staff. Now in this case I believe I should be sending out a privacy notice due to the fact that I see Prescription receipts, hospital statements etc...Is this correct?

Thanks so much for any help!

jimlegal

I don't know what your regional BCBS office is doing to assist you with HIPAA compliance. However the BCBS office in the Dallas, Texas area held several HIPAA work shops providing handouts to assist with HIPAA compliance for their BCBS employer members. Due to the newness of HIPAA and my position that no one really knows yet what is required for sure, I would contact BCBS and ask for a copy of the handout provided in the work shop. I would put forth the argument that since BCBS has to comply with HIPAA, you will have to also. Thus, the terms and conditions set forth in the agreement between BCBS & your company (contract language) probably contains language that you have to comply with HIPAA and possibly follow their advice. As you are aware several HIPAA related websites are available to shed more light on this matter. I hope you find a specific answer to your situation...

scottorr

The law specifically states that any employer that offers a health plan needs to send out privacy notices. If you handle any flexible spending, disability or worker's comp. issues, they are all covered as well. I have a sample notification form if you need an example.

Cindy Hanna

Could you send me your sample notice.

e-mail [email]channa@schmitzmix.com[/email]

fax# 414-462-8812

Thank You

scottorr

I will fax you the form. I would format the info to your company.

Shawn

Most health insurance carriers are drafting those notices for all of their employers.

julie02

Could you send me your sample notice?
[email]jmaddux@glasscityfcu.com[/email] or 419-887-1099
Thank you!!

JKlink

[font size="1" color="#FF0000"]LAST EDITED ON 04-07-03 AT 10:29AM (CST)[/font][p]Scott:
I beleive that workers comp is spacifically exempt from HIPAA.

Zanne

Paula:

Yes - I hate HIPAA also. The "Plan" needs to send out the HIPAA notice. We have seen that if it is a fully insured plan - then usually the insurance company (in your case BCBS)will do the HIPAA policy and notice. You will need a business associate agreement with them.

You are correct on your cafeteria plan. We outsourced ours and won't see any info - so we are theorizing that we don't need HIPAA for that.

I know that HIPAA does not apply to Workers' Comp. Whew! But wait a few years.

I have a sample Notice to Employees if that would help you.

Zanne

Paula

Zanne,

I agree with your statements entirely. And after a recent, brief consultation with legal counsel they confirmed the same. Thanks for your reply everyone. And yes, I would welcome the notice to be sent via fax at 507-387-6436. Thanks!

Leslie

Yeah - the health insurance company draftsed the privacy notice alright. Got mine today. Seven pages to copy and get to 950 employees - that they have to sign and return. That's always easy.

I agree with Paula and Zanne...

cctsphr

Could you send a sample notice to me as well.

[email]ccthomas@mrgmail.com[/email]

fax 702/597-7538

Catbert2

I would like a copy also please.

[email]ruthe@pneudraulics.com[/email]

Thanks!

Lucy

I would like a copy as well please.

Thanks!

[email]Lbeighle@alpsnet.com[/email]

DB

Zanne,

Could you please send me a copy of your form? email [email]dbrockmeyer@ofallon.org[/email] or fax to 618-624-4508.

Thanks for your help and the heads up about the cafeteria plan.

crawfod

I recently received a communication from our Dental Plan Carrier attaching a "Notice of Privacy Practices", and they were asking us to distribute a copy to each of our employees. They also asked us to respond acknowledging receipt of this notice and that we had distributed copies to our employees. There was no request for employees to acknowledge receipt. I have communicated to our Health Plan carrier asking what their plans are, but have not yet heard from them.

Under the hrhero.com/headlines website under Tip of the Week for 1/17/03 there was a good article on HIPAA worth reading. One sentence that caught my eye was, "If your group health benefit plan has $5 million or less in receipts, the deadline is April 14, 2004." Since this applies to us, I am not in any hurry to do anything. I'll wait and see how the big dogs handle these issues and learn from their problems. Truth is, as a city government employer, I still need to determine what rules apply to us. I just got an email from the State of Tennessee Department of Labor which stated, "The Wage Regulation Act only covers Private Employments of 5 or more employees. We do not regulate the Public Sector. Cities and counties have their own form of government." Since I'm fairly new to public employment, I plan on discussing this further with our City attorney.

KenB

Hi

Could you send me your sample notice form. It would be much appreciated. Send to [email]kbraziller@syda.org[/email] or fax 845-436-2119. Thanks.

Ken

Cindy Hanna

Thank you

thomas

I would love a copy of your notification form. Thanks!

[email]lpaquin@ruralresources.org[/email]
fax: 509-684-4740 (attn. Lorie Paquin)

thomas

Would love a copy of your notice to employees. Thanks!

email: [email]lpaquin@ruralresources.org[/email]

fax #: 509-684-4740 (attn: Lorie Paquin)

rrhammett

[font size="1" color="#FF0000"]LAST EDITED ON 04-08-03 AT 01:12PM (CST)[/font][p]I would like to have a sample copy of your privacy notification. My fax number is 706-882-1837 or my email is [email]hr-wdbury@mindspring.com[/email]. Thank you.

durasupreme

Could you send me a copy of your form also? Thank you!

[email]sharon.bargel@durasupreme.com[/email]

fax: 320-543-3310

HR in NY

Could you also send me one of your privacy notices. I would really appreciate it. Thanks

[email]pdusharm@ginsbergs.com[/email] or 518-828-0996

LFernandes

Could I get that sample notice as well?

[email]Laura.Fernandes@collabo.com[/email]

Thanks!

JeannieS

Please fax me a sample notice also. [email]jeannie.sheehan@ebtc.com[/email]

jkb

I would appreciate a copy of the notification to employee form.
Email: [email]jkbodily@aol.com[/email]
Fax #: 801-990-0326
Thanks so much for your help.

Judy

Kai

Hate it too flattering a word for what I think about the latest round of hoop jumper compliance requirements. Being self-funded is rapidly moving from a good thing to a bad thing. Reminds me of the society described by Ayn Rand in Atlas Shrugged.

Leslie

Exactly. We're also self funded and it's becoming a real pain. Remember the seven page privacy notice I mentioned above? Well, with font and margin setup I managed to get it down to 4 pages and copied it the needed 1000 times. Now guess what? The issuing party listed HR department heads to contact instead of the privacy officers. My shredder is going to be working overtime, and I get to kill another tree.

I REALLY REALLY HATE HIPAA!

kcovalt

I would like to have a copy of your privacy policy. [email]kcovalt@dtint.com[/email] or 801-853-5003
Thanks.

Kai

I feel your pain... and I ache for the poor trees who are the unfortunate victims of yet more bungled bureaucracy.

Does it help to know you are not alone?

Leslie

I think we should sic Green Peace on them...what do you say guys?!?