What types of arrangements are not governed by the Privacy Rules?
A. This question is also complicated, but generally speaking a number of arrangements which employers may think are covered by the Privacy Rules are not. These include workers’ compensation plans and insurers, records kept by employers for OSHA compliance or in connection with ADA or FMLA compliance, LTD or STD plans or coverages, group life insurance, auto or accident insurance which pays for health benefits, stop-loss policies, and employee assistance plans which do not offer treatment. In addition, self-funded and self-administered group health plans which have less than 50 participants are exempt from the Privacy Rules.
