45 CFR Part 164

HIPAA protects the health information your plan handles.

The HIPAA Privacy Rule sets federal standards for how health plans and their business associates use and disclose protected health information.

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What It Requires

The Basics for Employers.

A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.

What Is Covered

Protected health information held by group health plans, insurers and their business associates falls under the rule.

Employer Role

Employers that sponsor a plan need safeguards that keep plan information separate from employment decisions.

Notices and Agreements

Plans provide a notice of privacy practices and use business associate agreements with vendors that handle the information.

In Practice

How it plays out.

HIPAA’s privacy and security rules apply to group health plans and to certain people who handle plan information. They do not apply to an employer simply because it has employees. The line is between the employer in its role as an employer and the plan as a separate covered entity.

In practice, health information about plan claims should stay in the plan’s hands, with limited access for the employer to administer the plan. HR staff who see claim details need clear rules about what they can see and why.

Insured plans often have a lighter burden than self-funded plans, because the carrier handles most of the information. Even so, a plan that receives enrollment or summary data should know what it is and how it is protected.

How We Help

Where This Shows Up in Your Plan.

ERISA, ACA Reporting and Form 5500 Support

How we help with the filings, notices and plan documents.

Employer Benefits Guides: Eligibility, Plan Design, Life Events and Rules

Eligibility, plan design and life-event rules in one place.

First Steps

Basic steps.

Identify Who Sees PHI

List the people who handle plan claim information.

Limit Access

Give access only to what each role needs.

Train the Team

Make sure staff know the rules.

Check Vendor Agreements

Confirm business associate agreements are in place.

Common Mistakes

Mistakes to avoid.

Mixing Employment and Plan Records

Keep health plan information out of personnel files.

Open Spreadsheets

Claim data in unprotected files is a common exposure.

No Training

Staff cannot follow rules they have not seen.

Related Laws

Other Rules Employers Work With.

Sources

Laws and Rules Referenced

HIPAA Privacy Rule (45 CFR Part 164) — The statute or rule text from its official or public source.

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