Jul 02 2009
Is your plan in compliance?
We have a Compliance Team that I’m part of here at Benefit Associates. We talk about regulations like ARRA, HIPAA, CHIPRA….. does that sound like alphabet soup to you? Sometimes, it feels like it’s not too far off!
Compliance issues often get relegated to the back burner. They’re not that exciting, they’re complicated, and it’s hard to stay on top of all the changes. If you work in HR and are familiar with the COBRA subsidy, you’re probably nodding your head!
But compliance issues are a big deal. HIPAA fines, for example, have been increased with the passage of ARRA. Prior to ARRA, violations capped out at $250,000 and up to 10 years in prison for certain wrongful disclosures. Now, fines will cap out at $1,500,000. It’s not a big deal if your company is compliant and take the appropriate steps to protect PHI, but the increased fines reflect the seriousness of the law.
Other changes added by ARRA:
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The Office of Civil Rights is authorized to conduct investigations and impose civil monetary penalties against any individual for criminal violations of HIPAA if the Department of Justice has not prosecuted the individual.
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Violations due to willful neglect require formal investigation and imposition of civil monetary penalties. The Secretary of HHS is to issue regulations within 18 months of ARRA’s enactment to implement this change.
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State attorneys general are authorized to bring civil actions in federal court seeking injunctions or damages against individuals who violate the HIPAA rules. Damages are limited to $100 for each violation of HIPAA and $25,000 for similar violations in a calendar year.
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The Government Accountability Office is to recommend to the Secretary of HHS a method by which individuals who are harmed by violations of HIPAA would receive a percentage of the civil monetary penalties or monetary settlements collected. The Secretary of HHS is required to establish by regulation the implementation of this methodology within three years of ARRA’s enactment.
Even with wellness programs, there are rules to follow. The Federal Register regulations surrounding wellness programs, for example, have standards in place in regards to incentive amounts with using health status factors.
The moral of the story is this - the fines and penalties for ignoring filings or laws regarding issues are steep. You can’t afford to ignore them!




