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HIPAA NOTICES
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) became effective 07/01/97 and continues to affect all individuals eligible to enroll for coverage under a group health plan. A requirement of this bill is to provide a notice of Enrollment Rights and notice of Pre-Existing Condition Exclusion and Privacy Practices. The notices are to be given to each employee prior to their enrolling or declining health care coverage. Following is a sample that includes both notices, in case your insurance company does not provide you notices to give to your employees. This information is not provided as legal advise and you should always consult with your legal advisor regarding you responsibilities as a benefits administrator.
EMPLOYEE HIPAA NOTICE
In 1996 Congress passed the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA impacts group health plans by improving the availability and portability of health coverage. HIPAA also requires that group health plan participants be give the following notices.
Notice of Enrollment Rights - If you are declining enrollment for yourself or your dependents (including your spouse) because of other health insurance coverage, you may in the future be able to enroll yourself or your dependents in this plan, provided that you request enrollment within 30 days after your other coverage ends. In addition, if you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may be able to enroll yourself and your dependents, provided that you request enrollment within 30 days after the marriage, birth, adoption, or placement for adoption.
Notice of Pre-existing Condition Exclusion - Under HIPAA, a "pre-existing condition" is a condition for which medical advice, diagnosis, care, or treatment was recommended or received within the six month period ending on the enrollment date in a health plan.
Your plan may exclude a pre-existing condition. If so, the pre-existing condition exclusion waiting period will not exceed 12 months beginning on the enrollment date. (For a late enrollee, the maximum waiting period is 18 months from the date coverage begins.) A pre-existing condition exclusion is inapplicable to a pregnancy or to a newborn child or adopted child under age 18 who becomes covered within 30 days of birth or adoption. A genetic condition without advice, care, or treatment is not a pre-existing condition.
If your plan contains a pre-existing condition exclusion, the existence of a pre-existing condition will be determined using information obtained relating to an individual's health status before his or her enrollment date.
The pre-existing condition waiting period is reduced by any creditable coverage (prior coverage under various plans including, but not limited to, group health plans, individual health policies, Medicare, and Medicaid). You may obtain a certificate of creditable coverage from a prior plan sponsor or health insurance issuer. Should you disagree with the length of creditable coverage determined by your current plan, you have the right to appeal that determination and provide evidence of creditable coverage.
You should read and consult your schedule of benefits to see if your health plan contains a pre-existing condition exclusion.
For further information, contact your plans Benefits Administrator.
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