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June 7, 2011
Accountings for PHI Disclosure: Rules Proposed
HHS’ Office of Civil Rights has recently proposed rules relating to accounting of disclosures. The HIPAA law, as modified by the Health Information Technology for Economic and Clinical Health Act (HITECH), requires certain accounting of disclosures of protected health information (PHI) maintained in a designated record set. These rules propose to clarify the types of accounting that are required. Of particular note, the proposal would limit the accounting to the past 3 years.
Fee Disclosure Applicability Date Modification Proposed
In July, 2010 and October, 2010, respectively, the DOL issued service provider and participant level fee disclosure rules. The Department indicated, informally, that it was considering delaying the applicability date of these regulations in order to give service providers and plan administrators time to comply with the regulations.
Medicare Part D Notices – Corrected Links
It’s come to our attention that the links to the model Medicare Part D disclosure notices contained in last month’s Benefit Beat article, Medicare Part D Updates, were changed following release of our publication. We‘ve since revised the links contained in this article.
May 12, 2011
Update: Wellness Program – ADA Class Action Case
In the April Benefit Beat, a class action lawsuit (Bradley Seff v. Broward County) was mentioned relating to an employer offering financial incentives for participating in a group wellness program. This case addresses the applicability of the Americans with Disabilities Act (ADA) to wellness programs. Specifically, a group of employees challenged the employer’s imposition of a wellness program that requires completion of a health risk assessment (HRA). Failure to complete the HRA would result in a financial penalty. The complainant alleged that this was a violation of the ADA because it impermissibly requested medical information. Generally, the ADA permits the collection of medical information as long as it is voluntary. The “voluntary” nature of the medical information collection was in question.
Revised National Medical Child Support Notice Issued
On occasion, an employer may receive a court order directing the employer and/or plan administrator to enroll an employee’s child(ren) listed in the Order in one or more of its benefit programs, including medical, dental, vision, prescription drug, mental health and other benefit programs. An Order can be received directly from a Court, or by way of a National Medical Support Notice (NMSN) form issued by a State Child Support Agency authorized to enforce medical child support orders.
Medicare Part D Updates
Change in Medicare Part D Annual Enrollment Period plus New Model Notices of Creditable and Non-Creditable Coverage
May 11, 2011
The Outlook for Major Tax Reform: What You Need to Know
April 18, 2011
HRB 34 - Repeal of Free-Choice Vouchers and Form 1099 Reporting
April 5, 2011
ADAA Regulations Issued – Discrimination is the Focus
The ADA Amendments Act of 2008 (ADAA) was enacted September 25, 2008. This law amended the Americans with Disabilities Act (ADA) which became law on July 26, 1990 (see ADA Amended from the October, 2008 Benefit Beat). On March 25, 2011, final regulations implementing the ADAA were issued. These regulations become effective on May 24, 2011.
Financial Incentives for Wellness Program Participation: Employers Beware
The increased use of wellness programs raises issues relating to the Americans with Disabilities Act (ADA) (see Health Risk Assessments: Where Do They Stand? from the June 2009 edition of the Benefit Beat). The potential risk can arise in a couple ways, such as inquiring about non-job related disability, or making coverage under a health plan contingent upon completing a health risk assessment. The EEOC has not provided formal guidance on this matter; however, have issued two informal opinions.