Terminated Employee Benefits Files

[Guest clbush]

Does anyone know if the benefits records of an employee (health and welfare plans, retirement, etc.) can be merged into an employee's official personnel/employment file once the employee terminates? Or, should the benefits always be maintained separately for audit purposes?

[GMK]

We have been advised to keep health and welfare records separated after termination and not merge them with other personnel records. HIPAA and like that.

We file the pension records separately, too. They are already in a separate file, and it's easier keep them separates, but I don't know why they couldn't be filed with employment records. It probably saves a little time to have separate files when when we have to look up some old documents.

[Guest clbush]

By whom were you advised? Legal counsel? Thank you for your feedback!

[GMK]

By the lawyer at our benefits consultants and in articles published by legal and benefits firms.

It's PHI whether the person is employed anymore or not, so we put it in a separated file.

[Guest clbush]

Thank you...