HIPAA EMPLOYER - ABOUT HIPAA PRIVACY

Do employers need to worry about complying with these Rules?

Although employers are not "covered entities" under the Administrative Simplification Rules for more information about "covered entities," every employer that offers health benefits or health services to its employees will be affected by the Rules. This is because the Rules directly regulate most employer group health plans and certain health care providers (which may include some employers' on-site providers).

Compliance Tip: Entities that are covered by the Administrative Simplification Rules in their core businesses (e.g., health plans, health care providers, and health care clearinghouses) must also consider their role as employers. For instance, they will need to comply with respect to the group health plans they offer their own employees.

Where do I begin?

The initial steps that an employer might wish to take are covered in the Compliance Checklist for this Chapter. This initial checklist provides an overview of the basic determinations an employer must make and the related activities, including where in this Workbook to find more information.

Is there an exception for the group health plans of small employers?

No. The Administrative Simplification Rules do not provide an exception for the group health plans of small employers. The Rules do, however, provide more time to comply for "small health plans." While small health plans must still comply with the Administrative Simplification Rules, they have an extra year to comply with each of the Rules' deadlines.

Is there an exception for the group health plans of government employers?

No. The Administrative Simplification Rules do not provide an exception for the group health plans of governmental employers. The Rules do, however, have some special provisions that recognize the inability of government entities to enter into contracts (for instance, for business associate contracting purposes). Instead, government employers may enter into "memoranda of understanding" (MOUs) with their business associates.

Is there an exception for the group health plans of non-profit employers?

No. The Administrative Simplification Rules do not provide an exception for the group health plans of non-profit organizations.

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