Employers with insured health plans need to select whether they will adopt procedures prohibiting the use by or disclosure to the employer of “Protected Health Information” (“PHI”) – in which case they will not have to trouble themselves with HIPAA’s privacy rules – or concede that they will use or receive PHI – in which case they will have to adopt HIPAA privacy procedures similar to those required of employers with self-funded plans.

The regulators have stated that employers who make good faith attempts to comply with the HIPAA privacy rules will not be penalized even if they fail to achieve 100% compliance, while employers who simply ignore the rules, or make half-hearted attempts to comply with the rules, will be penalized.

Please let us know if we can be of assistance in your HIPAA privacy compliance efforts.

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Melville, New York 11747
Tel: (631) 755-0100
Fax: (631) 755-0110