The HIPAA Privacy Rule requires health plans to remind participants of the availability of the health plan's HIPAA Notice of Privacy Practices and how to obtain a copy of the notice at least once every three years
The HIPAA Privacy Rule requires health plans to remind participants of the availability of the health plan's HIPAA Notice of Privacy Practices and how to obtain a copy of the notice at least once every three years. Health plans, other than small health plans, were first required to distribute their Notice of Privacy Practices to participants by April 14, 2003. Accordingly, health plans that have not already done so must provide the reminder notice by April 14, 2006. Small health plans, which had until April 14, 2004, to provide their Notices of Privacy Practices, must provide reminders by April 14, 2007.
Health plans can satisfy this requirement in a number of ways, including:
· sending participants a copy of the Notice of Privacy Practices;
· sending participants a reminder concerning the availability of the Notice of Privacy Practices and how to obtain a copy;
· including in a newsletter produced by the plan, or other publication, information about the availability of the Notice of Privacy Practices and how to obtain a copy.
Additionally health plans that send the Notice of Privacy Practices to participants annually or include the notice in annual re-enrollment materials have complied with the reminder requirement.
The U.S. Department of Health and Human Services has provided guidance regarding this requirement in the Frequently Asked Questions section of its web site, available at
http://www.hhs.gov/ocr/hipaa/.
If you have any questions regarding this requirement or any other employment benefits related issues, please contact Penny Wofford,
pwofford@fordharrison.com, 864-699-1131, or any member of Ford & Harrison's Benefits Department.
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