A group health insurance company our company is seeking quotes from for renewal requires employees to complete an Employee Enrollment/Waiver of Coverage/Health Statement Form. What steps must the company take to be in compliance with HIPAA? Any words of wisdom in presenting to the employees? What if an employee refuses to complete the bare minimum of the form?

Is the health insurance plan self insured (ultimately, all claims are paid by the employer with the carrier only administering it) or fully insured (all claims are paid by the carrier)? It makes a difference whether HIPAA even applies or not. HIPAA is not as broad as many people believe.

Currently the plan is fully insured, but with the completion of the Health Statement Form we are hoping to receive quotes on options such as a self insured plan.

On a fully insured plan, HIPAA does not apply.

Once you go to a self-insured plan, HIPAA then applies, but ONLY information that you receive THROUGH the plan is protected information, not information that your employees provide to you.