HIPAA and SPD Requirement

[French]

As we prepare for Monday, I have a HIPAA question for which I have received conflicting information. Do I need to update my SPD with the entire Privacy Notice or can I use just a summary? We are doing it on line and will be finishing it today. My plan was to use a summary piece but I have heard otherwise from other employers at a recent benefits gathering.

Thanks.

[Steve72]

In my opinion, I don't think there is any requirement to update the SPD. The amendment to the plan does not affect required SPD provisions. Additionally, each new participant will already be receiving a copy of the notice.

[Sandra Pearce]

I agree with Steve72. No SPD requirement.

[Mary C]

If the SPD is the plan document or incorporated into the plan document, wouldn't it have to be amended to comply with the requirement to amend all plan documents? Thompson's HIPAA Manual recommends using a short (4 paragraph) summary in the SPD since the regulations don't specifically address what language to use in the documents.

[mroberts]

I think the next time SPD's are created the new HIPAA Privacy Notice should be incorporated. In the meantime, I don't see a problem with distributing it as an amendment and without the SPD.