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HIPAA Privacy Reminder

We would like to remind administrators of plans subject to the HIPAA privacy rules of the need to inform participants of the availability of the Notice of Privacy Practices at least once every three years. While reissuing the Notice is not required, participants should be informed of how they can obtain a copy, free of charge. Administrators of self-insured health plans are generally responsible for issuing the reminder. Administrators of fully-insured plans may also be required to provide this reminder. This might be the case if, for example, the employer sponsors other arrangements subject to the HIPAA privacy rules, such as a health care flexible spending arrangement. Failure to provide the reminder may result in a penalty. 

We have also found that a periodic review of policies and procedures put in place to comply with the HIPAA privacy rules is a worthwhile exercise. If you would like to undertake such a review, please feel free to contact a member of the Employment and Benefits Practice Group.