HIPAA Privacy & Security

The Health Information Portability and Accountability Act (“HIPAA”) is now the law of the land. At the intersection of employee benefits, health, intellectual property and technology law, compliance with HIPAA’s privacy rules requires a number of actions on the part of employers, including:

• implementing and enforcing how the employer and its health plan providers can use and disclose protected health information;
• amending health plans and provider agreements and documenting procedures for compliance;
• notifying health plan participants of their individual rights and having policies for complying with these rights; and
• training human resources and benefits staff in HIPAA compliance.

Prior to the April 14, 2004 deadline, Seyfarth Shaw helped numerous employers of all sizes ensure compliance with HIPAA rules. Although this key deadline has come and gone, potential or actual changes in health plans, health plan sponsorship and other employment and employee-benefits policies and procedures can give rise to uncertainties with regard to continuing compliance. Our attorneys work with clients to identify compliance issues, document compliance, minimize disruptions to HR and benefits operations, implement appropriate modifications, and provide practical training and advice, with comprehensive policies to serve as a back-up resource. We provide guidance with respect to computer and technology contracts; e-health initiatives; insurer, provider, vendor and third-party compliance; intellectual property; medical records; and compliance with state privacy laws.

Seyfarth Shaw has developed a number of tools and deliverables to help clients achieve compliance, including:

• Our proprietary HIPAA Assessment Booklet. 
• On-Site consultation and interviews to determine the location and uses of Protected Health Information (PHI). 
• Comprehensive HIPAA policies providing guidance on day-to-day operations and processing of complaints and requests. 
• Personalized, on-site leader-led training for HR and benefits personnel. 
• Our proprietary Outside the Firewall brochure, for employees who will not be trained. 
• A customized set of the most frequently required HIPAA forms, including a HIPAA Privacy Notice for employees. 
• Stand-alone health plan amendments. 
• HIPAA “certification”. 
• Stand-alone business associate agreement amendments.