Certification of ________________________
WHERE AS The Company is the sponsor of an employee welfare benefit plan for
its employees and their dependents; and
WHERE AS The Company’s employee welfare benefit plan is a “group
health plan” within the meaning of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA); and
WHERE AS The Company provides health insurance coverage to the participants
and beneficiaries in the the company group health plan; and
WHERE AS The Company’s desire to exchange health information protected
under HIPAA (“protected health information” or “PHI”)
for purposes related to administration of the group health plan;
THEREFORE BE IT RESOLVED, that the Company hereby certifies to the following,
as required by Section 45 CFR 164.504(f) of HIPAA:
The Company’s Summary Plan Description documents that govern the Company’s
group health plan have been amended to incorporate the following provisions
and The Company agrees to:
- not use or further disclose PHI other than as permitted or required by the
Plan documents or as required by law;
- ensure that any agents, including subcontractors, to whom it PHI has been
provided to agree to the same restrictions and conditions that apply to The
Company with respect to such PHI;
- not use or disclose PHI for employment-related actions and decisions unless
authorized by the affected individual;
- not use or disclose PHI in connection with any other benefit or employee
benefit plan of The Company , unless authorized by the affected individual;
- report to The Company designee any PHI use or disclosure that it becomes
aware of which is inconsistent with the uses or disclosures provided for;
- make PHI available to an individual based on HIPAA’s access requirements;
- make PHI available for amendment and incorporate any PHI amendments based
on HIPAA’s amendment requirements;
- make available the information required to provide an accounting of disclosures;
- make its internal practices, books and records relating to the use and disclosure
of PHI received from source available to the Secretary of the U.S. Department
of Health and Human Services to determine the Health Plan’s compliance
with HIPAA;
- ensure that adequate separation between the insurance carrier and The Company
is established as required by HIPAA (45 CFR 164.504(f)(2)(iii)); and
- if feasible, return or destroy all PHI received from the insurance carrier
that The Company maintains in any form and retain no copies of such PHI when
no longer needed for the specified disclosures to those purposes that make
the return or destruction infeasible.IN WITNESS WHEREOF, this Certification
is hereby executed this_________day of ____________, 2003.
___________________________ _______________________
On behalf of the Plan Sponsor Title: Privacy Official
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Log of Medical Disclosures-sample
Acceptance of Appointment
Term Notice