Must VEBA documents be updated to include HIPAA and other language?

[katieinny]

I have been looking at a VEBA document that was prepared in 1996. I noticed that there's no mention of COBRA, FMLA or HIPAA in the document. Should this document have been updated to include this stuff?

[Guest b2kates]

You do not say what type of benefits are provided by the VEBA.

It is conceivable that the VEBA is purely the funding mechanism and there is a separate plan document; i.e. medical plan, from the VEBA Trust

[katieinny]

This VEBA is a medical expense reimbursement plan that is funded by the employer. There are no employee contributions. I agree that it is just a funding mechanism, not an actual medical plan. All it does is provide a pool of money from which a participant can be reimbursed for out-of-pocket medical expenses.

The fact that medical receipts containing personal information are submitted to the plan for payment leads me to believe that the HIPAA privacy regulations probably apply. Do you agree? But since it's not an actual medical plan, can they avoid having to include any reference to COBRA and FMLA? I've seen other medical expense reimbursement plans (cafeterial plans) that do include a small blurb about COBRA and FMLA.