March, 2006
HIPAA Privacy Notice Reminder
Due April 14, 2006
WHAT: The HIPAA Privacy Rule requires a health plan to remind enrollees of the availability of its Notice of Privacy Practices, as well as how to obtain a copy, no less frequently than once every 3 years. (CFR 164.520(c)(1)(ii)).
The reminder notice is one of four disclosure requirements for the Notice of Privacy Practices; the other three being at the time of enrollment for new enrollees, upon request and within 60 days of a material change to the Notice.
WHO: Health plans, other than small health plans, were first required to distribute their Notice of Privacy Practices to subscribers and enrollees by April 14, 2003. Thus, those health plans that have not already reminded subscribers and enrollees in some manner of the availability of their Notice of Privacy Practices and how they may obtain a copy, must do so no later than April 14, 2006.
For small health plans, which had until April 14, 2004, to first distribute their Notices of Privacy Practices, the compliance date for the triennial reminder notice requirement is April 14, 2007. These plans can begin to prepare now to meet this requirement using the most efficient means, such as including the reminder notice of the availability of the Notice of Privacy Practices in open enrollment materials, a group health plan newsletter provided to all members, or similar all-member mailings.
WHEN: April 14, 2006 for large plans (more than $5 million in annual premiums or claims paid); April 14, 2007 for small plans ($5 million or less in annual premiums or claims paid)
HOW: Health plans may satisfy this requirement in a number of ways, including:
- Sending a copy of their Notice of Privacy Practices.
- Mailing only a reminder concerning the availability of the Notice of Privacy Practices and information on how to obtain a copy.
- Including in a plan-produced newsletter or other publication information about the availability of the Notice of Privacy Practices and how to obtain a copy
It is important to remember: Insurance companies may provide the Notice of Privacy Practices for completely insured plans. In addition, this requirement might already be satisfied by including information regarding the availability of the Notice of Privacy Practices during open enrollment.
Note: This material is for the sole purpose of providing general information and does not under any circumstances constitute legal advice and should not be used as a substitute for legal advice. You should seek the advice of counsel when applying the requirements to your plans.
For more information on this ErisaALERT, contact us by phone at 610-524-5351 and ask for Mary Andersen or 973-994-7539 and ask for Theresa Borzelli.
Copyright©2006, ERISAdiagnostics, Inc. www.erisadiagnostics.com
ErisaALERT 2006-1
