g-l-b’s applicability to health care organizations

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Wiley Rein & Fielding LLP G-L-B’s Applicability To Health Care G-L-B’s Applicability To Health Care Organizations Organizations Kirk J. Nahra Kirk J. Nahra Wiley Rein & Fielding LLP Wiley Rein & Fielding LLP Washington, D.C. Washington, D.C. 202.719.7335 202.719.7335 [email protected] [email protected] Fourth National HIPAA Summit Fourth National HIPAA Summit (April 26, 2002) (April 26, 2002)

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G-L-B’s Applicability To Health Care Organizations. Kirk J. Nahra Wiley Rein & Fielding LLP Washington, D.C. 202.719.7335 [email protected] Fourth National HIPAA Summit (April 26, 2002). Focus. Scope of G-L-B Differences in terms and applications - PowerPoint PPT Presentation

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Page 1: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP

G-L-B’s Applicability To Health G-L-B’s Applicability To Health Care OrganizationsCare Organizations

Kirk J. NahraKirk J. Nahra

Wiley Rein & Fielding LLPWiley Rein & Fielding LLPWashington, D.C.Washington, [email protected]@WRF.com

Fourth National HIPAA SummitFourth National HIPAA Summit

(April 26, 2002)(April 26, 2002)

Page 2: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 2

FocusFocus

• Scope of G-L-B

• Differences in terms and applications

• Intersections and overlaps with HIPAA

• Who should care about G-L-B and why?

• Scope of G-L-B

• Differences in terms and applications

• Intersections and overlaps with HIPAA

• Who should care about G-L-B and why?

Page 3: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 3

Who Is Covered?Who Is Covered?• Any company “significantly engaged” in

financial activities– Banking– Securities– Insurance (all lines)

• Odd assortment of other companies– Retailers who issues their own credit cards, real

estate and personal property appraisers, tax preparers, automobile dealerships who lease automobiles, developers of financial software, career counselors providing advice for employees in the financial services industry and businesses that print and sell checks for consumers

• Any company “significantly engaged” in financial activities– Banking– Securities– Insurance (all lines)

• Odd assortment of other companies– Retailers who issues their own credit cards, real

estate and personal property appraisers, tax preparers, automobile dealerships who lease automobiles, developers of financial software, career counselors providing advice for employees in the financial services industry and businesses that print and sell checks for consumers

Page 4: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 4

Key Terms

• Affiliates/non-affiliates

• Disclosure/use

• Opt-out/opt-in

• Customers and consumers

Page 5: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 5

NAIC Model

• Separate category for health information

• ERISA beneficiaries covered?

• Applies to all business units

• Tougher for insurance industry than rest of financial services?

• Health/financial distinction

• Intersections with HIPAA

Page 6: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 6

What Information is Covered?

• Financial/health

• PHI

• Making sense of the distinction

Page 7: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 7

Multiple Coverage Issues

For health plans

• Treatment of information

• Whose information

• Differences among lines of coverage

Page 8: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 8

For health care providers

• Business complexity

• Tie with HIPAA

• Service providers

Page 9: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 9

Contracting Differences

• Contracting Audiences

• Contract Options

• Contract Strategies

Page 10: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 10

Security Issues

• Security under G-L-B

• Security rule for HIPAA

• Privacy and security connections

Page 11: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 11

Enforcement Activity

• What lessons can be learned?

• Enforcement to date

• What does the future hold?

• Enforcement options

Page 12: G-L-B’s Applicability To Health Care Organizations

Wiley Rein & Fielding LLP 12

The New HIPAA Rules(?)

• Timing

• Contracting issues

• Non-covered products

• Health insurer compliance?