The HHS released guidance to help understand when the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule applies to disclosures and requests for information about whether a person has received a COVID-19 vaccine. As a reminder, the HIPAA Privacy Rule does not apply to employers or employment records. It does apply to HIPAA covered entities (health plans, health care providers and health care clearinghouses) and their business associates in some cases. The guidance provides 5 questions and answers and how the privacy rule applies in workplace scenarios. The questions may be found here: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/hipaa-covid-19-vaccination-workplace/index.html
Recent Insights
DOL Clarifies MHPAEA Enforcement Priorities
The U.S. Department of Labor (DOL) has provided employers and group health plans with a clearer picture of how it intends to enforce the Mental Health Parity and Addiction Equity Act (MHPAEA). The DOL issued Field Assistance Bulletin 2026-03, outlining its current enforcement approach to the MHPAEA’s requirements for non-quantitative treatment limitations (NQTLs). At the same […]
Read moreCompliance Advisor | Agencies Issue Transparency in Coverage Final Rules
On October 5, 2026, the Department of Health and Human Services (through the Centers for Medicare & Medicaid Services), in partnership with the Departments of Labor and the Department of the Treasury (collectively, the “Agencies”) jointly finalized changes to the Transparency in Coverage (TiC) regulations issued in December 2025 (“Final Rules”). The Final Rules impact […]
Read moreBuilding a Benefits Strategy for Financial Resilience
Financial wellbeing benefits have traditionally centered on a long-term goal: retirement. But employees’ financial lives don’t begin at retirement. Many are balancing immediate priorities, including healthcare expenses, debt, emergency savings, and everyday living costs. PwC’s 2026 Employee Financial Wellness Survey found that 59% of employees were currently stressed about their finances. For many employees, the immediate concern […]
Read moreNew Guidance Regarding Health-Contingent Wellness Programs
The Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the Departments) issued new FAQs addressing health-contingent wellness programs, including programs that impose tobacco-related premium surcharges. The guidance provides important enforcement relief concerning when a wellness reward must be provided after an individual completes a reasonable alternative standard. Health-contingent wellness programs […]
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