The third anniversary of the compliance date for the HIPAA Privacy Rule (April 14, 2006) nears and with it arrives the deadline to remind group health plan participants of the availability of the plan's Notice of Privacy Practices ("Notice") and how to obtain a copy. The HIPAA Privacy regulations require that this Notice be given no less frequently than once every three years. Group health plans may satisfy this requirement in a number of ways, including by:

• sending participants a copy of the Notice;
  
• mailing participants only a reminder concerning the availability of the Notice and information on how to obtain a copy; or
  
• including in a plan-produced newsletter or other publication information about the availability of the Notice and how to obtain a copy.
  

A group health plan already may have satisfied the reminder requirement if it has adopted the practice of providing the Notice to participants annually, has recently sent the Notice to participants, or includes information regarding the availability of the Notice in annual or more frequent communications sent to participants (e.g., open enrollment materials). For small group health plans that first provided the Notice in 2004, the three-year anniversary date and reminder deadline is extended until April 14, 2007.

For more information on this matter, please contact a member of the Schiff Hardin Employee Benefits and Executive Compensation Group.

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