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Some Wellness Programs Subject to HIPAA

April 24, 2015 - Are company workplace wellness programs protected by the Health Insurance Portability and Accountability Act (HIPAA) privacy rules? According to a question and answer article published by the Department of Health and Human Services (HHS), the privacy coverage depends on whether the wellness program is connected to a group health plan.

The question and answer posting states, “Where a workplace wellness program is offered as part of a group health plan, the individually identifiable health information collected from or created about participants in the wellness program is PHI and protected by the HIPAA Rules.”

However, “Where a workplace wellness program is offered by an employer directly and not as part of a group health plan, the health information that is collected from employees by the employer is not protected by the HIPAA Rules.”

  • Click here to view the HHS question and answer article for more information

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