All,
Consider the
following scenario: an national manufacturing employer is a self-funded,
self-administered ERISA plan maintaining onsite clinics at several plants.
The clinics submit no electronic standard transactions (e.g. claims), but
restrict their administrative and treatment activities to pre-employment
physicals, OSHA-related exams and first aid. Records
maintained are employer-related only (occupational health), not part of the
health plan, and are shared with the plant safety officer only in the context of
OSHA and worker's comp activities. In this situation would clinic staff
members be required to:
1. Provide a copy of a HIPAA Privacy
Notice and obtain good faith effort to obtain written acknowledgement to
employees prior to any "treatment" activities.
Could the clinics
take the position that all records are employment related, and therefore
reasonably be allowed to:
2. Eliminate
all records maintained in the clinics from a designated record set - arguing
that it is not "provider" but employer data (distinct from the DRS of the health
plan), and not allowing employees access to these records under the 164.524
standard.
3. On the same
basis, not provide accounting of disclosures for releases of OSHA-related
information maintained at the clinics.
Please let me know
your thoughts.
Warm regards,
Ned vanSise
The Sentennial
Group
678.485.6709 (mobile)
888.322.4410 (toll
free)
866.544.9450 (toll free
facsimile)
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