Does my Health Flexible Spending Account (FSA) have to comply with HIPAAs privacy rules?
ANSWER Yes. A Health FSA is considered to be a “health plan” under the privacy rules. While some small self-administered plans with fewer than 50 participants are generally excluded from the HIPAA privacy regulations, most Health FSA’s are subject to the privacy requirements. Plans with $5 million dollars or more in annual receipts must comply by April 14, 2003 while other plans must comply be April 14, 2004. This does not make plans more difficult to administer. In fact, it has few effects on administration. Medical information has always been confidential with us. This is why employees send their claims directly to us by mail or fax. Information is only released to the participant or others (if due to a court order). An added element is if the participant is requesting information regarding a dependent. In this case, we will ask for an information request form unless we have one on file. The regulations also require a Business Associate Agreement between our clients and us. We have o
Related Questions
- Im on the HDHP and participate in the Health Savings Account (HSA). Can I also participate in the Health Care Flexible Spending Account (FSA) through WageWorks?
- What are the rules regarding the rollover of FSA (flexible spending account) or HRA (Health Reimbursement Arrangements) funds into my HSA?
- How often can I file claims on my Health Flexible Spending Account (Health FSA) / Unreimbursed Medical (URM) Account?
