HIPAA Portability Revisited

On December 30, 2004, the Departments of Treasury, Labor and Health and Human Services (collectively “Departments”) issued both final and proposed regulations relating to the portability requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). While the new final regulations do not present any significant changes to the interim final regulations issued April 8, 1997, they do provide useful guidance and clarification on a number of issues. The proposed regulations present some interesting potential changes to the portability requirements if finalized.