Early Retiree Reinsurance Program

[Miner88]

Under the Early Retiree Reinsurance Program regulations, plan sponsors are required to have a written agreement with their health insurance issuer or employment-based plan, requiring the health insurance issuer or employment-based plan to disclose information on behalf of the sponsor to the Secretary of HHS.

Does the Business Associate Agreement that is already in place with the health insurance issuer cover this requirement? Or do we need to get a separate agreement signed?

Any thoughts?

[Guest JKosciusko]

This is not an issue I've come across, but I have to say that it sounds slightly different than the standard BAA. The BAA compels signatories to certain precautions, notifications and penalties in the event of a breach. In no way does it REQUIRE disclosure. I would, as a matter of caution, execute a separate agreement that satisfies HHS by requesting in such agreement the specific disclosure action, as opposed to merely protection of the data.