Distribute HIPAA Notice of Privacy Practices by September 2019
A group health plan, such as a 125 Plan with a health flexible spending account (health FSA) or a health reimbursement arrangement (HRA), is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. If your cooperative sponsors a health FSA or HRA, HIPAA requires distribution of the Notice of Privacy Practices to plan participants on three separate occasions:
- Upon enrollment in the plan
- At least once every three years
- Whenever the plan’s privacy practices substantially change, if sooner than the three-year period
It’s time, once again, for the three-year distribution. Co-ops should notify all current health FSA and HRA participants by September 23, 2019, of the availability of the privacy notice and where it’s located, such as on the co-op’s intranet. Participants also have the right to obtain a paper copy.
The privacy notice describes the plan’s legal obligations with respect to the uses and disclosures of protected health information (PHI) and outlines participants’ privacy rights.
Sample privacy notice online
A sample privacy notice is posted on the Employee Benefits website. Go to BA Guide > Documents for Co-ops > HIPAA Resources > Guidance for Small Plans.
Note: NRECA provides the sample notice for co-ops’ convenience. The privacy officer’s name and contact information, as well as other information, must be completed with plan- and co-op-specific information that reflects your co-op’s plan operations. Because NRECA cannot give your co-op legal advice about its HIPAA obligations, we urge you to review the notice with your legal counsel before distribution.
If you have questions, contact the Member Contact Center at 866.673.2299 or contactcenter@nreca.coop.