HIPAAA Rules

Started by VictorW • 5 replies • 2132 views

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VictorW (Kansas)
Posts: 14

Posted:

Our eleven member HOA has a by-law that all member boats must have proof of insurance. Each September 1st I do a boat audit to make sure our HOA is protected by the homeowners' boat liability coverage so I can have the data by the annual meeting in the middle of September. I call the agent listed on the member's boat registration form and ask them to send a Certificate of Insurance to our HOA secretary.This year I was accused by a couple of members that I was breaking HIPAAA privacy laws and could be sued. I thought HIPAAA had to do with health records and information and not liability issues of vehicles. I have on several occasions found that board members have given false information (breach of fiduciary duty?) on either ownership or insurance.
I don't want to operate outside of the law so I have done some research. I could only find one reference to liability insurance as it relates to autos:http://www.hhs.gov/hipaafaq/providers/covered/364.html and it states general and auto liability doesn't apply to HIPAAA's health plan rules. Does anyone else have experience with this issue?

Thanks to you all for helping me understand the in and outs of an HOA and how to become a better informed officer.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

Health Insurance Portability and Accountability Act rules are so complex that it is becoming a subspeciality in the legal profession. My advice is to check with a competent attorney.

With that said, I know of nothing that would include a homeowners association under the act. The law and regulations apply to health care providers, health care clearinghouses and health plans. A homeowners association is none of those.

I think the homeowners are blowin' some wind your way.

It is perfectly reasonable for the association to require a certificate of insurance annually from each homeowner. However, I think it is the homeowner's responsibility to contact individual agents. Were I an insurance agent, I would, most likely, not respond to your request, Rather, I would only respond to a request by a homeowner.

BrianB (California)
Posts: 2,820

Posted:

i agree with George... heck, i was in the EMS business, and nurses blew smoke up about HIPPA, and what we could and couldn't do, etc., and even then, my crew was not covered by the act... it is specific to Health Insurers and those who do business with them, such as doctors, medical recorders, transcribers, and personnel departments in self insured companies, etc..

I would play all Missourian on anyone who says "HIPPA" in response to your reasonable request, and ask that they pop onto a website and show you the applicable CFR.

KirkW1 (Texas)
Posts: 1,665

Posted:

Having worked in IT for a group of doctors since 2000, I think the person is either:

A pollyanna and thinks the sky is falling everywhere.

A blowhard trying to avoid giving information

As a note, every year I have to take two short courses and pass a quiz on the same. One from my employer, and one from the organization for which I do the work.

Now there are some good privacy guidelines that I would follow that come straight from HIPAA. They would include that you closely hold any and all personal information very closely. Do not share it with anyone that doesn't have a valid reason for seeing it.

One difference though, I would not spend money talking to an attorney. You would have to find the right attorney to even start to deal with he question and that could take some time. Sorry, I agree with Brian. Either they can show something, or they can pay a lawyer to send you a scare letter. If you get a letter from a lawyer, then I would spend money to get an opinion. But I don't see how liability for your boat translates to health information.

LarryM3 (California)
Posts: 37

Posted:

Victor, Checking the policy once a year probably isn't good enough. It needs to be enforced at all times. I suggest that your association demand that the association be "additionally insured". This protects the association against law suits primarily on the homeowners policy. Since you are also additionally insured the insurance company must notify you of cancellations and renewals. This way you will always know who is insured and who is not. Always have the homeowner contact their agent "it's their resposibility"
Good luck.
Larry

DonnaS (Tennessee)
Posts: 5,671

Posted:

Victor,
That is exactly what one of my HOA requires from the owners. Proof of insurance certificate AND naming the HOA as additionally insured. That way if the insurance gets dropped for any reason, the HOA is notified of the cancellation. They also require a certain amount of coverage. Looking at my policies, I see no item that would be invasion of privacy or items that need to be blocked out.

Now as for this being a HIPPAAA rule, I highly doubt it. To be done properly, all HIPPAAA statements need to be signed by the person named on the documents.

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