HIPAA Portability: Impact of New Rules on Plan Sponsors and Administrators


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HIPAA Portability:
Impact of New Rules on Plan Sponsors and Administrators
An audioconference on Thursday February 10th, 2005, 1 PM Eastern (10 AM Pacific)

Ashley Gillihan, a partner in the Employee Benefits and Executive Compensation Group of the national law firm Alston & Bird, LLP, will join us for a one hour audioconference to discuss the new HIPAA regulations issued December 30, 2004 and how the new rules will impact plan sponsors and administrators. The goal of the call will be help you develop a plan of action for complying with the new regulations by the effective date. Time will be reserved for questions and answers as well.

Individual Registration Fee: $195: Click here to register or call 209.577.4888
Web Summit CD-ROM: $20 for attendees; $225 for non-attendees after the event.
Click here for a downloadable flyer and order form you can print. Corporate Site licensing also available.


Live Audioconference	Powerpoint Presentation	CD-ROM Also Available

They're back!!!! The Agencies Issue Final and Proposed HIPAA Portability Regulations. On December 30, 2004, the DOL, the IRS, and CMS jointly issued final HIPAA portability regulations. The regulations, which are effective for plan years beginning on or after July 1, 2005, clarify and provide a few new rules regarding HIPAA's portability provisions that were previously addressed in the 1997 interim regulations and subsequent guidance. Generally, the new regulations clarify and revise the following:

Various HIPAA portability definitions (including a definition of "dependent" and clarifications regarding definition of "pre-existing" condition)
HIPAA portability notice and disclosure obligations, including clarifications regarding pre-existing condition exclusion notices and revised contents for Certificate of Creditable Coverage with model language
Special enrollment requirements
Excepted benefits
In addition, the agencies issued proposed regulations requesting comments regarding tolling of certain time periods (e.g. the period during which a special enrollment request must be made), interaction with FMLA requirements and benefit specific waiting periods. Unfortunately, discrimination and wellness programs are not address in the final and proposed regulations.

Plan sponsors and administrators will need to review current administrative procedures and documentation (e.g. SPDs, certificates of creditable coverage, etc) and make changes where necessary prior to the effective date of the new final rules. In addition, plan sponsors and administrators should prepare and submit any comments on the proposed rules no later than March 30, 2005.

Faculty:

Ashley Gillihan
Attorney, Employee Benefits & Executive Compensation Alston & Bird LLP

Ashley Gillihan is a member of the Firm's Employee Benefits and Executive Compensation Group, and is a partner in the firm in the Atlanta office Mr. Gillihan's practice focuses exclusively on health and welfare benefit plan matters where he advises clients on various issues including, but not limited to, tax qualification issues arising under the Internal Revenue Code, ERISA reporting, disclosure, COBRA and fiduciary issues and HIPAA portability and privacy.

Mr. Gillihan lectures frequently and has published many articles on health and welfare benefit plan compliance topics. He is also on the Advisory Board of Editors of Benefits Compensation Law Alert.

Mr. Gillihan is a member of the state bars of Georgia, Tennessee, and Alabama. He is a 1996 graduate of Samford University's Cumberland School of Law.

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