Privacy
Protection Requirements
This page covers the following topics:
- Overview
- Notice of Privacy Practices Requirement
- FMLA Privacy Requirements
- Wellness Program Privacy Requirements
- Additional Information
Overview
The Health Insurance Portability and
Accountability Act (HIPAA) generally does not apply to employers. Instead, the
law most commonly covers health plans, health care providers,
health care clearinghouses, and so-called "business associates." Please note that for purposes of HIPAA
compliance, an employer and its group health plan are considered separate
entities.
Under HIPAA,
a group health plan is defined
as an employee welfare benefit plan, including
insured and self-insured plans, to the extent that the plan provides
medical care, including items and services paid for
as medical care, to employees or their dependents directly or through
insurance, reimbursement, or otherwise, that:
- Has 50 or more participants; or
- Is
administered by an entity other than the
employer that established and maintains the plan.