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Guiding Principles

Helping employees get answers to their
personal health benefits questions is aSome health benefits companies will only
common responsibility for benefitaccept an original consent form; others will
administrators  (BAs).accept  a  faxed  copy.
Many employees turn to their company'sReceiving  a  response
benefit administrator for assistance because
they feel the BA is in a better position toOnce the appropriate form is received by the
get accurate and timely information from thehealth benefits company, a response to the
health insurance carrier. However, there areBA's inquiry can be released. The information
rules and restrictions that govern how BAsthat will be reported back to the BA will be
can obtain specific health information forthe "minimum necessary" - the least amount of
employees.information necessary to answer the question,
limited  to  the  range  of  permission.
In the past, BAs could simply ask the health
insurance carrier a question related to theFor example, if the initial inquiry was
personal health of an employee and theregarding whether a claim had been processed
carrier could provide the answer directly tofor payment, the health benefits carrier
the BA. However, this has changed. In today'swould provide a response of "no" or a
workplace, there are rules and restrictionsresponse of "yes" that would include the date
for obtaining health information on aof payment. Based on the scope and wording of
specific employee. The federal and statethe question, what the claim was for and the
governments have issued strict guidelinesamount  paid  may  not  be  disclosed.
with severe penalties concerning the misuse
or unauthorized disclosure of an individual'sIf this additional information is needed, it
protected  health  information  (PHI).must be addressed in the initial question and
would have to be included in the range of
Therefore, it is important that companies andpermission that the employee granted. HIPAA
their designated benefits representativeguidelines are in place to protect each
understand these rules and regulations andindividual's personal health information. The
how they pertain to sharing an employee'sfederal and state governments are clear as to
PHI.what can and cannot be shared without
authorization and may impose civil and
Getting  permissionmonetary fines and penalties for
noncompliance.
Benefit administrators can still help
employees obtain answers to their personalHowever, these regulations do not mean that
health questions but they must now follow theBAs cannot help employees receive answers to
guidelines set forth by the Health Insurancetheir personal health questions.
Portability and Accountability Act of 1996Understanding HIPAA guidelines and your
(HIPAA). The HIPAA regulations, effectivehealth benefit company's policies regarding
April 14, 2003, impose specific policies andauthorization forms will allow your BA to
procedures governing the use and disclosurecontinue to help employees find out answers
of an individual's protected healthto  important  health  benefit  questions.
information.
For more information on HIPAA guidelines,
In order to make an inquiry on an employee'svisit or review the HIPAA Regulations at the
behalf, the BA must obtain written consentDepartment of Health and Human Services Web
from the employee. The authorization form issite,
usually specific to the health benefits
company to which the inquiry is being madeLINDA JONES has more than 16 years of
and must contain certain elements requiredexperience in the health care industry. She
under HIPAA, including the limitations of thehas been with Vista Health Plan Inc. since
authorization, effective and termination1994. As manager of account services, she is
dates, and information regarding theresponsible for membership growth and
individual's  rights under the authorization.retention of small and large employer groups.



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