FAQs

1. Most likely. The only exception is if: 

You have under 50 participants; and

You do not use a Third- Party Administrator (TPA) to administer the FSA

No, only Health Plans. These include: medical plans, dental plans, vision plans, Flexible Spending Accounts and potentially a wellness plan and EAP program.  HIPAA does not cover long or short-term disability insurance, workers compensation or life insurance.

The Department of Health and Human Services (HHS)determined that reinsurance carriers are not business associates of the covered entity (health plan) but rather are a financial contract of the employer to limit the risk.  While the reinsurance carrier may refuse to sign a business associate agreement, based on the ruling by HHS, it is prudent to get a confidentiality agreement or another form of agreement where the reinsurance carrier agrees to protect the personally identifiable health information (PHI) and will notify the self-funded health plan is there is a breach.

It depends. If the self-funded health plan creates, receives, transmits or stores PHI in electronic format, then the self-funded health plan must abide by the HIPAA security rule.

No, the insurance carrier will provide the Notice of Privacy Practice for the fully-insured health plan.

Only if the broker wants to obtain more than summary information from the insurance carrier. Summary information is enrollment/disenrollment information and aggregate data. If personally identifiable information is to be released by the insurance, then a business associate agreement must be in place between the employer sponsored health plan and the broker. 

Please email us at support@nationsbenefit.com, if you receive a document that is incorrect due to system or grammar errors.

All sales are final.  Nations Benefit Group will work with all customers to amend any documents purchased through our website.

Nations Benefit Group offers HIPAA Training for businesses of all sizes.  Our training is conducted by certified HIPAA specialist with over 20 years of experience.  Contact us today to get more information about this service.