Guest kjk Posted February 19, 2002 Posted February 19, 2002 Does HIPAA apply to Retiree Health Plans? That is, do we need to provide certificates of creditable coverage?
Jbentz Posted February 19, 2002 Posted February 19, 2002 I believe so, i don't think their is anything in the regs singling out this kind of plan. On the practical side, I can see where they would need one if they were going to work somewhere else that might have benefits. Why do think you would not? I always error on the side of conservative-ism and i would.
Guest kjk Posted February 19, 2002 Posted February 19, 2002 Thanks for your input. My two reasons for thinking it wouldn't apply are 1. The SPD for the Plan does not include HIPAA Special Enrollment language (and that got me wondering whether any of the HIPAA provisions should apply), and 2. temporary Reg. 54.9831-1T states that "the general requirements . . . do not apply to any group health plan for any plan year if, on the first day of the plan year, the plan has fewer than 2 partipants who are current employees." (emphasis on "current").
Jbentz Posted February 19, 2002 Posted February 19, 2002 Is it a separate plan altogether, or a separate class under the same plan?
Guest kjk Posted February 19, 2002 Posted February 19, 2002 A separate plan alogether--actually two, one for Retirees Under Age 65 and one for 65 and over.
EGB Posted August 8, 2002 Posted August 8, 2002 The Joint Committee on Employee Benefits of the ABA posted on its website a Q&A transcript of informal discussions between JCEB and officials from the DOL from May of this year. The DOL informally responded in one of the Q&As that the portability, access and renewability requirements of HIPAA do not apply to a retiree-only health plan (though the rules relating to mothers and newborns would apply).
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