HIPAA / Privacy

Updates

protected content Latest wellness case, Nondiscrimination, Steerage, and more!

The city is also abuzz about the first presidential debate, which will take place on Monday night. But there is still health care activity! The House recently passed several safety net and Medicare-related bills, while the House Energy and Commerce Committee moved a number of public health bills. Meanwhile, the regulators have been busy as well… More

protected content GOP Alternative to ACA, MHP Opportunity, 4980H Questions, and More!

Happy Tuesday! We have a lot to cover today, so I will try to keep each section short and to the point. There are a couple things I would really appreciate your feedback on, so please have a look and share your thoughts… More

protected content NEW FocusOn call on HIPAA audits and 3 other important topics

First, ERIC will host a FocusOn call on Thursday, April 28, from 2:00 p.m. to 3:30 p.m. ET to discuss “Phase 2” of the HIPAA Audit Program, begun at the end of last month by the HHS Office for Civil Rights (OCR)… More

protected content House Hearing on Wellness Programs Does Not Paint a Positive Picture of the EEOC, Shall We Say…

Today the Subcommittee on Workforce Protections of the House Committee on Education & the Workforce held a hearing to debate the pros and cons of several workforce-related bills, including HR 1189… More

protected content Senate HELP Committee Holds Hearing on Wellness Plans

The wellness hearing hosted by the Senate Health, Education, Labor, and Pensions (HELP) Committee this morning was the Congressional equivalent of … More

See All Updates

Court Rulings

protected content

District Court Denies EEOC’s Request for Temporary Restraining Order and Injunction against Company Wellness Program

Today, the judge in the U.S. District Court in Minnesota denied EEOC’s request for a TRO/PI, finding that the Honeywell wellness program inflicted no “irreparable harm”. … More

More Court Rulings

Government Reports

protected content New FAQ Addresses Process for Plan Sponsors of Group Health Plans to Obtain HPID for ERISA Plans

With one fell swoop, a new FAQ slices through the Gordian Knot of how a wrap plan (an ERISA plan) fits into the CHP structure. Essentially, the new FAQ states that a plan sponsor may apply for one HPID for each ERISA plan. Thus, plan sponsors may apply for one HPID for each wrap plan; each of the wrap plan’s component major medical plans, for instance, would use this one umbrella HPID. … More

protected content Recent HHS Developments Concerning HPIDs and TRRP

Here’s the scoop on recent HHS developments concerning Health Plan Identifiers (HPIDs) and the Transitional Risk Reinsurance Program (TRRP) … More

Senate Finance Committee Seeking Ideas to Improve Health Care Transparency

Senate Finance Committee Chairman Ron Wyden (D-OR) and former Chairman and Ranking Member Charles Grassley (R-IA) released a letter urging all stakeholders to submit to the committee ideas that will enhance the availability and utility of health care data, while maintaining and protecting patient privacy. … More

More Government Reports

Judicial Documents

protected content

District Court Denies EEOC’s Request for Temporary Restraining Order and Injunction against Company Wellness Program

Today, the judge in the U.S. District Court in Minnesota denied EEOC’s request for a TRO/PI, finding that the Honeywell wellness program inflicted no “irreparable harm”. … More

protected content EEOC Once Again Goes after Employer Wellness Plan; Files for Temporary Restraining Order

Yesterday the EEOC filed for a Temporary Restraining Order (TRO) and an Expedited Preliminary Injunction in the U.S. District Court of Minnesota, claiming that Honeywell’s wellness program violates both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). … More

protected content EEOC Leaps into the Wellness Fray

In a complaint filed yesterday, the EEOC sued Orion Energy Systems Inc. The EEOC claims that Orion violated the Americans with Disabilities Act (ADA) because it forced an employee to submit to medical exams and inquiries that were not job-related and consistent with business necessity as part of a wellness program that, according to the EEOC, was not voluntary. … More

More Judicial Documents

Legislative Documents

Senate Finance Committee Seeking Ideas to Improve Health Care Transparency

Senate Finance Committee Chairman Ron Wyden (D-OR) and former Chairman and Ranking Member Charles Grassley (R-IA) released a letter urging all stakeholders to submit to the committee ideas that will enhance the availability and utility of health care data, while maintaining and protecting patient privacy. … More

More Legislative Documents

Letters to Agencies

protected content ERIC Submits Comment Letter on Regulation of Telemedicine

ERIC on April 24 submitted a comment letter on the issue of telemedicine to the Federation of State Medical Boards (FSMB). This subject, which is somewhat off our beaten path, was brought to our attention… More

More Letters to Agencies

Letters to Congress

ERIC Urges HHS to Rule That Self-Funded Plans Should Not Be Subject to HIPAA Certification Requirements

The ERISA Industry Committee (ERIC) on April 3 urged the Department of Health and Human Services (HHS) to modify proposed rules that would require employer group health plans to certify compliance with standards and operating rules adopted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for certain electronic transactions. … More

More Letters to Congress

Press Releases

ERIC Urges HHS to Rule That Self-Funded Plans Should Not Be Subject to HIPAA Certification Requirements

The ERISA Industry Committee (ERIC) on April 3 urged the Department of Health and Human Services (HHS) to modify proposed rules that would require employer group health plans to certify compliance with standards and operating rules adopted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for certain electronic transactions. … More

More Press Releases

Regulatory Documents

protected content HHS Delays HPID Enumeration Process until Further Notice

HHS has announced that the Health Plan Identifiers (HPIDs) enumeration process has been delayed until further notice. This is the process by which sponsors of group health plans obtain HPIDs for their plan or plans… More

protected content New FAQ Addresses Process for Plan Sponsors of Group Health Plans to Obtain HPID for ERISA Plans

With one fell swoop, a new FAQ slices through the Gordian Knot of how a wrap plan (an ERISA plan) fits into the CHP structure. Essentially, the new FAQ states that a plan sponsor may apply for one HPID for each ERISA plan. Thus, plan sponsors may apply for one HPID for each wrap plan; each of the wrap plan’s component major medical plans, for instance, would use this one umbrella HPID. … More

protected content Recent HHS Developments Concerning HPIDs and TRRP

Here’s the scoop on recent HHS developments concerning Health Plan Identifiers (HPIDs) and the Transitional Risk Reinsurance Program (TRRP) … More

protected content HHS Advises that HIPAA Privacy Rules Apply to Legally Married Same-Sex Couples

The Department of Health and Human Services Office for Civil Rights released an update advising that the HIPAA privacy rules apply to legally valid same-sex married couples and their family members (including dependents), whether or not they live or receive services in a jurisdiction that recognizes their marriage.… More

protected content HHS Issues Proposed Rule on Electronic Transaction Requirements under HIPAA

The Department of Health and Human Services (HHS) has proposed a rule requiring health plans to certify that they comply with certain electronic transaction requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).… More

protected content HHS Proposes Rule to Require Health Plans to Verify Compliance with Electronic Data Standards

The Department of Health and Human Services (HHS) on January 2 published in the Federal Register a proposed rule that would require a controlling health plan (CHP) to submit information and documentation demonstrating that it is compliant with certain standards and operating rules under the Health Insurance Portability and Accountability Act (HIPAA). … More

protected content DOL Issues Technical Release on DOMA Issues

The Department of Labor (DOL) on September 18 released Technical Release 2013-04, which provides guidance to employee benefit plans on the definition of “spouse” and “marriage” under ERISA following the June decision of the U.S. Supreme Court in United States v. Windsor.… More

protected content Agencies Release Final Wellness Regulations; New ERIC FocusOn Call to Review Regulations

Today the Departments of Health and Human Services (HHS), Labor, and Treasury issued the final regulation under the Affordable Care Act (ACA) to implement the Act’s increase in permissible wellness program rewards from 20% to 30% (and to 50% for smoking cessation programs.) … More

Agencies Issue New FAQs under Affordable Care Act, Mental Health Parity, and HIPAA

The Department of Labor recently issued new guidance (jointly prepared by the Departments of Labor, Health and Human Services, and Treasury)… More

More Regulatory Documents

Testimony

protected content The Enduring Trials and Tribulations of Wellness Programs, Plus a New FocusOn Call

Yesterday the Equal Employment Opportunity Commission (EEOC), in response to several years of badgering by (and numerous meetings with) ERIC and our member companies, held a hearing to address “Wellness Programs under Federal Equal Employment Opportunity Laws.” … More

More Testimony