Tag: HIPAA

FMLA Certification: Getting Clarification and Authentication

What should an employer do when an FMLA certification form is received that is unclear? Perhaps it's filled out completely, but the handwriting is illegible in some places. Or perhaps it appears as though it may have been filled out by someone other than the person who signed it. What actions can be taken without […]

Groups say HIPAA transaction rules would unduly tax self-funded plans

Government requirements for certifying compliance with HIPAA’s transaction standards would impose a significant, unwarranted burden on self-funded group health plans that do not perform these transactions directly, employer groups warned in written comments to the U.S. Department of Health and Human Services. The proposed rules would lay “significant costs” on self-insured plans that hire vendors […]

WA County Will Pay $215,000 to Quell HIPAA Allegations

A county government in Washington state agreed to pay $215,000 in a settlement with the U.S. Department of Health and Human Services, after its report of a minor breach led to an HHS investigation that found “general and widespread noncompliance” with HIPAA privacy and security rules. The incident originally reported by Skagit County, Wash., in […]

AOL Debacle Highlights Need to Maintain HIPAA Privacy Practices

Although sponsors of group health plans have had their hands full sorting through the still-changing Affordable Care Act requirements, the recent uproar involving AOL CEO Tim Armstrong is a stark reminder of the need to stay vigilant on HIPAA privacy — even as companies wrestle publicly with health care costs. As has been widely reported, […]

“You’ve got mail! And it just might be a warrant for your arrest”

You don’t have to try very hard these days to find employment law references in pop culture. Movies and TV shows examine issues of employment discrimination, politicians seem unable to resist the urge to text photos of their private parts to their disgusted subordinates, and professional athletes provide ample fodder for lawyers in desperate search […]

How Does ACA Impact Employee Wellness Programs?

Did you know that the Affordable Care Act (ACA) contains provisions related to the implementation of employee wellness programs? The latest information– the final rule that appeared in the Federal Register – defined new parameters for employee wellness programs. It directs how they must be designed and administered to make sure they are equally available […]

Security Among Questions Dogging Exchange Rollout

New concerns about data security on the health care reform exchanges are being raised by Republican lawmakers, who cite an internal agency memorandum that warned of inadequate testing on the eve of the exchanges’ Oct. 1 rollout. The security control assessment required by the Federal Information Security Management Act “was only partially completed” because the […]

Medical Certs—Necessary FMLA Evil

How can you know if your comp program is meeting organization goals? You have to maintain metrics, says consultant Terry Pasteris, CCP, GRP. But there are metrics, and then there are metrics. Under the FMLA, employers may request medical certification of the need to take leave for the employee’s own serious health condition or the […]

Employee Documentation Q&A: Job Descriptions, Performance Appraisals and Personnel Files

“Documentation can be extraordinarily helpful when it’s done completely, timely, and appropriately.” Ann Bowden-Hollis told us in a recent BLR webinar. But it can also be problematic if done improperly or without oversight. At the conclusion of the webinar, Bowden-Hollis answered participant questions including questions regarding how to address cognitive abilities in job requirements (to […]

Medical Certs and the FMLA: No One’s Happy

Under FMLA regulations, an employer may utilize DOL certification forms designed for this purpose (and why not use them, since you aren’t permitted to ask for any information not on those forms anyway?): Certification of Health Care Provider for Employee’s Serious Condition (WH-380-E) Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) […]