On-Site/Off-Site -- what's the diff or def?

[sloble@crowleyfleck.com]

There is a HIPAA/ERISA exemption for on-site medical clinics, but I can't find a definition of what an "on-site medical clinic" is.

The clinic I'm analyzing is physically located away from the employer's offices, but nurse clinicians perform MOST of the services on the employers premises. Some services are performed at the clinic. (e.g., if an employee misses his on-site flu shot or annual physical, then he can go to the nurse's clinic off-site and get the shot/physical, etc.)

[Harwood]

Excerpts from PROPOSED reg 1.89(k)-1(d)(3): Certain on-site medical and eating facilities are exempt from the requirements of section 89(k)(1)(A). An on-site medical facility is described in this paragraph if it is located and operates exclusively on a work-site of the employer and there is no physician care provided at the site at any time. A wellness program sponsored by the employer may be considered an on-site medical facility. A medical facility is not described in this paragraph unless access to the facility is available on the same terms to each member of a group of employees that is defined under a reasonable classification set up by the employer that does not discriminate in favor of highly compensated employees. An eating facility is described in this paragraph if it is described in and meets the requirements of section 132(e)(2).

Of cource Section 89 is the infamous section that was repealed in 1989 because of employer outcry.