Who must receive a Privacy Notice, and when?
A. Plan participants and beneficiaries must receive the Notice. Normally, the Notice is hand delivered or mailed, although it can be furnished electronically if the participant agrees in advance to receive the Notice in this manner. Delivery of the Notice to a participant counts as delivery to his or her beneficiaries. The Notice must be furnished by the April 14, 2003 or 2004 compliance date, and when new enrollees come on to the plan. Every three years, participants need to be reminded that the Notice exists and that they can ask for a copy free of charge. If a Notice is changed in any material way, the new Notice must be provided to participants within 60 days. Finally, if the plan has a website for participants, the Notice must be posted on the website.
