g-l-b’s applicability to health care organizations
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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 PresentationTRANSCRIPT
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)
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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?
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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
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Key Terms
• Affiliates/non-affiliates
• Disclosure/use
• Opt-out/opt-in
• Customers and consumers
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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
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What Information is Covered?
• Financial/health
• PHI
• Making sense of the distinction
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Multiple Coverage Issues
For health plans
• Treatment of information
• Whose information
• Differences among lines of coverage
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For health care providers
• Business complexity
• Tie with HIPAA
• Service providers
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Contracting Differences
• Contracting Audiences
• Contract Options
• Contract Strategies
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Security Issues
• Security under G-L-B
• Security rule for HIPAA
• Privacy and security connections
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Enforcement Activity
• What lessons can be learned?
• Enforcement to date
• What does the future hold?
• Enforcement options
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The New HIPAA Rules(?)
• Timing
• Contracting issues
• Non-covered products
• Health insurer compliance?