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HHS Posts New Privacy FAQ to its Website
HHS recently responded to a question regarding group health plans on its HIPAA Frequently Asked Questions. http://healthprivacy.answers.hhs.gov/cgi-bin/hipaa.cfg/php/enduser/std_adp.php?p_faqid=953. The question posed to HHS was whether a group health plan or health insurance issuer with respect to a group health plan could disclose to the plan sponsor protected health information required by the Centers for Medicare and Medicaid services for the retiree drug subsidy, without obtaining the individual’s authorization.
HHS responded that if the conditions set forth in 45 C.F.R. § 164.504(f) of the Privacy Rule, disclosures for plan administrative purposes, are met, an authorization is not necessary for a plan to disclose PHI as required by 42 C.F.R. 423.884 for the retiree drug subsidy. Providers should be sure that when they make this disclosure, they meet the rules requirements for disclosures for plan administrative purposes.
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