Tim, I disagree. Property and casualty insurers are not covered entities so are not directly regulated by HIPAA. 45 C.F.R. �160.103 provides, under the definition of "Health Plan," that
"(2) Health plan excludes: (i) Any policy, plan, or program to the extent that it provides, or pays for the cost of, excepted benefits that are listed in section 2791(c)(1) of the PHS Act, 42 U.S.C. 300gg-91(c)(1) . . ." "Excepted benefits" listed in 42 U.S.C. �300gg-91(c)(1) include accident, disability income and liability insurance; supplemental liability, automobile med-pay, and workers' compensation insurance; credit-only insurance, and coverage for on-site medical clinics. However, it is entirely possible that property or casualty insurers could be plan sponsors of group health plans offered to their employees, so they might have some indirect HIPAA duties they have to perform to ensure their GHPs are in compliance with HIPAA. Judith A. Langer, Attorney HIPAA Project Director Privacy Official Cobalt Corporation -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] Sent: Thursday, June 27, 2002 1:50 PM To: Tinsley, Carolyn; [EMAIL PROTECTED] Subject: RE: Medical Claims for a Property Insurance Organization However, I believe that the privacy provisions relating to PHI would still apply in the event of a PIP claim, even if the transaction requirements do not apply! Thus an auto insurance carrier providing PIP coverage would still be a covered entity, and have to comply with the Privacy and Security regs, right on down to the Agent level. Or so I have understood. If anyone has a specific statement from DHHS or OCR to the contrary, I would love to see it. Tim McGuinness, Ph.D. HIPAA Help Now Inc. (www.hipaahelpnow.com) [EMAIL PROTECTED] -----Original Message----- From: Tinsley, Carolyn [mailto:[EMAIL PROTECTED]] Sent: Thursday, June 27, 2002 1:57 PM To: 'Tomak-Maurer, Tonya (Chicago)'; [EMAIL PROTECTED] Subject: RE: Medical Claims for a Property Insurance Organization Auto & Property policies are specifically excluded under HIPAA, even for medical claims. State laws would still govern any confidentiality of health information. -----Original Message----- From: Tomak-Maurer, Tonya (Chicago) [mailto:[EMAIL PROTECTED]] Sent: Thursday, June 27, 2002 12:52 PM To: '[EMAIL PROTECTED]' Subject: Medical Claims for a Property Insurance Organization Anyone put thought into HIPAA and how it effects a property or car insurance organization who processes and pays for medical claims under their policies? 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