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HomeMy WebLinkAboutCORRESPONDENCE - RFP - P902 BENEFITSAMENDMENT #1 TO THE CITY OF FORT COLLINS FLEXIBLE BENEFITS PLAN REGARDING HIPAA SECURITY PROVISIONS WHEREAS, the City of Fort Collins, as Plan Sponsor, has adopted the City of Fort Collins Flexible Benefits Plan as amended and restated effective January 1, 2002 ("Plan"); and WHEREAS, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the regulations adopted pursuant thereto require that the Plan be amended to incorporate security safeguard provisions for electronic protected health information. NOW, THEREFORE, the Plan is hereby amended effective April 20, 2005, to add a new Article XIII. HIPAA SECURITY COMPLIANCE, to read as follows: ARTICLE XIll HIPAA SECURITY COMPLIANCE 13.1 The City of Fort Collins ("Plan Sponsor") has implemented policies and procedures to ensure that its creation, receipt, maintenance, or transmission of electronic protected health information ("ePHI") on behalf of the Plan complies with the applicable administrative, physical, and technical safeguards required to protect the confidentiality and integrity of electronic protected health information ("ePHI") under the Security Standards 45 CFR Part 164 adopted pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). 13.2 In accordance with HIPAA, only the following employees or classes of employees of the Plan Sponsor may be given access to PHI: l . The Benefits Administrator; 2. The Director of Human Resources; 3. The Benefits work group within the Human Resources Department. 4. The Wellness Program Coordinator and Specialist; and 5. The employees who perform functions related to the City - sponsored employee group health plans, including but not limited to le�,,al and systems personnel. 13. The Plan will ensure that any agents, including a business Associate or subcontractor, to whom the Plan Sponsor provides ePHI received from the Plan agree to the same restrictions and conditions that apply to the Pia❑ Sponsor with respect to such ePHI; 1 ).4 If the persons described in Section 13.2 do not comply with the plan document, the Plan Sponsor shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions. 13.5 The Plan will require any agents, including a Business Associate or subcontractor, to whom the Plan Sponsor provides ePHI received from the Plan, to notify the Plan of any Security violation to the Plan Sponsor. ADOPTED this 13 day of April, 2005. CITY OF FORT COLLINS, COL DO Bv. i ll u� i B City Manager ' 7'. . TTEST: ?U i CityCleric/(. �t"�✓ r APPROVED: APPROVED AS TO FORM: Human Resources Director Assista City Attorney AMENDMENT #2 TO THE CITY OF FORT COLLINS GROUP HEALTH PLAN REGARDING HIPAA SECURITY PROVISIONS WHEREAS, the City of Fort Collins, as Plan Sponsor, has adopted the City of Tort Collins Group Health Plan as amended and restated effective January 1. 2002 ("Plan"); and WHEREAS, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the reciulations adopted pursuant thereto require that the Plan be amended to incorporate security safeguard provisions for electronic protected health information. NOW, THEREFORE, the Plan is hereby amended effective April 20, 2005, to add a new Article IX. HIPAA SECURITY COMPLIANCE, to read as follows: ARTICLE IX HIPAA SECURITY COMPLIANCE 9.1 The City of Fort Collins ("Plan Sponsor") has implemented policies and procedures to ensure that its creation, receipt, maintenance, or transmission of electronic protected health information ("ePHI") on behalf - of the Plan complies with the applicable administrative, physical, and technical safeguards required to protect the confidentiality and integrity of electronic protected health information ("ePHI"} tinder the Security Standards 45 CFR Part 164 adopted pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). 9.2 In accordance with HIPAA, only the following employees or classes of employees of the Plan Sponsor may be given access to PHI: I . The Benefits Administrator; 2. The Director of Human Resources; 3. The Benefits work group within the Human Resources Department. 4. The Wellness Program Coordinator and Specialist; and 5. The employees who perform functions related to the City - sponsored employee group health plans, including but not limited to legal and systems personnel. 9.3 The Plan will ensure that any agents, including a business Associate or subcontractor, to whom the Plan Sponsor provides ePHI received from the Plan aeree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such ePHI; 9.4 If the persons described in Section 9.2 do not comply with the plan document, the Plan Sponsor shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions. 9.5 The Plan will require any agents, including a Business Associate or subcontractor, to whom the Plan Sponsor provides ePHI received from the Plan. to notify the Plan of any Security violation to the Plan Sponsor. ADOPTED this %3 day of April, 2005. CITY" OF FORT COLLINS. CpLORA O t :7 Bv- 1 Ct5 -M anagcr APPROVED: By: Human Re ources Director F^ TTESTi v t✓l��c�� ��7�!1.5 �- City Clerk ED AS TO FORM: By: Assista City Attorney