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Privacy Protection Requirements

This page covers the following topics:

  • Overview
  • Notice of Privacy Practices Requirement
  • FMLA Privacy Requirements
  • Wellness Program Privacy Requirements
  • Additional Information

Overview

The Health Insurance Portability and Accountability Act (HIPAA) generally does not apply to employers. Instead, the law most commonly covers health plans, health care providers, health care clearinghouses, and so-called "business associates." Please note that for purposes of HIPAA compliance, an employer and its group health plan are considered separate entities.

Under HIPAA, a group health plan is defined as an employee welfare benefit plan, including insured and self-insured plans, to the extent that the plan provides medical care, including items and services paid for as medical care, to employees or their dependents directly or through insurance, reimbursement, or otherwise, that:

  • Has 50 or more participants; or
  • Is administered by an entity other than the employer that established and maintains the plan.

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