Compliance News Week Ending July 26, 2024

Compliance News Week Ending July 26, 2024 

In this Article: 

1. HIPAA Instructions and Model Attestation 
2. How Often Does a Plan Update and/or Restate a Summary Plan Description 

HIPAA Instructions and Model Attestation 

Back in May, we published an article regarding the Department of Health and Human Services (HHS) issuing a ‘final rule’ that amended the HIPAA Privacy Rule allowing greater protection to PHI related to reproductive health care. 

At that time, a model attestation form had not been available on the Department’s website. 

At last, HHS has issued the promised Model Attestation for a Requested Use or Disclosure of Protected Health Information Potentially Related to Reproductive Health Care. 

This form is a necessary component for HIPAA-regulated entities (like group health plans) to be able to comply with the new category of prohibited uses and disclosures of Protected Health Information (PHI) that is potentially related to reproductive health care, as introduced in the 2024 Privacy rule that was released in late April and goes into effect in December 2024. 

More informational materials on the 2024 Privacy Rule (including a Social Media Toolkit and Fact Sheet) are available on the HHS.gov website.

How Often Does a Plan Update and/or Restate a Summary Plan Description?

A Summary Plan Description (SPD) is intended to describe and explain the employee benefit plan and must be documented in a way that the average employee understands their benefits, their rights while participating in the plan, and the rules of the plan. 

Employee benefits that are subject to ERISA (Employee Retirement Income Security Act of 1974) must be described in an SPD. 

ERISA also has established a timeline for updates and required restatements of the document. 

Those timelines are: 

1. Must distribute to participants: within 90 days of becoming covered by the plan. 
2. Must distribute to beneficiaries: within 90 days after first receiving benefits. 
3. A plan has 120 dates after becoming subject to ERISA to distribute the SPD. 
4. Otherwise, must be updated once every 5 years for amended plans (changes to the plan throughout the 5 years). 
5. Once every 10 years for plans that have had no amendments or SMMs (Summary of Material Modification). 

Reporting and Disclosure Guide for Employee Benefit Plans (dol.gov) 

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