Final HIPAA Portability Regulations released

Effective for plan years beginning on or after July 1, 2005, the final HIPAA portability regulations were released to clarify and revise the 1997 interim rules relating to pre-existing condition exclusions, creditable coverage, special enrollment and excepted benefits. The final regulations do not modify significantly the April 1997 interim rules but instead add several clarifications to the general framework already established. To note: In these final regulations, a preexisting condition exclusion continues to be defined broadly, as any limitation or exclusion of benefits based on the fact that the condition was present before effective date of coverage, whether or not any medical advice, diagnosis, care or treatment was recommended or received. The definition is stressed to emphasize the difference between the broadness of the definition itself and the narrowness of permissible preexisting condition exclusions. To read the Federal Register report of HIPAA Portability regulations, go to www.dol.gov/ebsa/regs/fedreg/final/2004028112.htm