HIPAA Administration
By John R. Hickman, Esq., Ashley Gillihan, Esq. and Johann Lee, Esq.
he Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other federal health benefit mandates (e.g.,
T
the Mental Health Parity Act, the Newborns and Mothers Health Protection Act, and the Women’s Health and Cancer
Rights Act) dramatically impact the administration of self-insured health plans. This monthly column provides practi-
cal answers to administration questions and current guidance on HSAs, HIPAA and other federal benefit mandates.
Attorneys John R. Hickman, Ashley Gillihan and Johann Lee provide the answers in this column. Mr. Hickman is partner
in charge of the Health & Welfare Benefits Practice with Alston & Bird, LLP, an Atlanta, New York, Charlotte and
Washington, D.C. law firm. Mr. Gillihan and Mr. Lee are members of the Health & Welfare Benefits Practice. Answers are
provided as general guidance on the subjects covered in the question and are not provided as legal advice to the question-
er’s situation. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of your sit-
uation. Readers are encouraged to send questions by E-MAIL to Mr. Hickman at john.hickman@alston.com.
2009 Health & Welfare
(H&W) Benefits Roundup
any will remember 2009 as one of the most economically tumultuous and
M
challenging years since the Great Depression. Things were no different in
the world of Health & Welfare Benefits. The year began with a flurry of
activity related to the ARRA COBRA premium subsidy and its almost immediate effec-
tive date. Now, as we go to press, there is a potential that the scheduled December
31, 2009 sunset date for the premium subsidy will be extended. Moreover, as 2009
grinds to a close, all eyes turn to Congress to see whether 2009/2010 will be the year
in which sweeping Health Care Reform is enacted.
Against this ever-changing backdrop, plan sponsors and employers need to make sure
that their H&W plans are in compliance with new substantive requirements already
enacted by Congress and the agencies. The following list seeks to recap all of those
requirements in a convenient chart format. We have also included at the end a Table
updating most of the COLA adjustments for H&W plans.
(see page 22)
The Self-Insurer
©
/ January 2010 • 21
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32