
Employer health plans are not subject to the Health Insurance Portability and Accountability Act data security requirements, and the U.S. Department of Health and Human Services Office for Civil Rights should not try to apply new HIPAA health data security requirements to employer plans, according to James Gelfand.
Gelfand, president of the ERISA Industry Committee, a group representing the interests of self-insured employee benefit plans, put that declaration in a letter ERIC sent in response to new draft regulations posted by HHS during the last days of the administration of former President Joe Biden.
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