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Home My WebLink About13375 RESOLUTION NO. 13375 A RESOLUTION RELATING TO AND DESIGNATING THE CITY AS A HYBRID ENTITY PURSUANT TO THE REQUIREMENTS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City is hereby designated as a hybrid entity pursuant to 45 C.F.R. 164.105. The following components are designated as the health care components of City: (a) The Human Resources Department to the extent it creates, receives, maintains, transmits, or discloses protected health information (“PHI”) when acting on behalf of the City as plan sponsor of the City’s group health plan (“Group Health Plan Coverage”). (b) The Fire Department with respect to their Directing Others to Services Program (“DOTS Coverage”). (c) The Department of Law, Information Technology and Finance to the extent they create, receives, maintain, transmit or disclose PHI in providing any services to Human Resources Department and Fire Department with respect to the above identified healthcare components SECTION 2. The following individuals are designated as City’s Health Insurance Portability and Accountability Act (“HIPAA”) privacy officers responsible for the development, implementation, and oversight of HIPAA privacy and security policies and procedures in relation to the health care components of the City: (a) The Director of Human Resources with respect to the Group Health Plan Coverage and any related services provided by the Department of Law, Information Technology or Finance. (b) The Training Captain with respect to the DOTS Coverage and any related services provided by the Department of Law, Information Technology or Finance. SECTION 3. The City, its health care components and personnel shall not intimidate, threaten, coerce, discriminate against or take other retaliatory action against anyone for exercising his/her right under the privacy regulations or participating in any process established by the privacy regulations; nor for filing a complaint, participating in an investigation or audit or review proceeding conducted by the City or a government agency under the privacy regulations, or opposing any act or practice made unlawful by the privacy regulations. Any individual who believes that some form of retaliation under the privacy regulations has occurred or is occurring should report such concern to the relevant privacy officer designated above. The privacy officer will then conduct an investigation and, if the retaliation is substantiated, will impose sanctions accordingly. SECTION 4. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. The Fire Chief is authorized to enter any Business Associate Agreement, approved as to form by the City Attorney and required by HIPAA, with any participating member in the DOTS Program, SECTION 5. This Resolution shall become effective immediately upon final passage. INTRODUCED January 25, 2016 BY: Robert Schilling City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: January 25, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Robert P. Jagger, Assistant City Attorney SUBJECT: A RESOLUTION RELATING TO AND DESIGNATING THE CITY AS A HYBRID ENTITY PURSUANT TO THE REQUIREMENTS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT SUMMARY: Attached is a Resolution designating the City as a hybrid entity under HIPPA and thereby limiting compliance to those identified health care components. PREVIOUS COUNCIL ACTION: Not applicable. BACKGROUND: The Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations apply to individuals and organizations designated in the law/regulations as covered entities. These covered entities include: (1) group health plans; (2) health care providers who conduct certain transactions electronically, including but not limited to transmission of health care claims, health care payments, enrollment in a health plan, and referral authorizations; and (3) health care clearinghouses. Although the City as a whole does not primarily engage in these activities, the Fire Department intends on implementing the Directing Others to Services Program which would qualify it as a covered health care provider under the HIPAA definition. In addition, the Department of Human Resources has entered a business association agreement with respect to and to the extent the Department receives protected health information when acting on behalf of City as plan sponsor of City’s group health care plan. An organization such as the City that has both covered entity departments and non-covered entity departments may choose to be designated as hybrid entities. In this case, the City must designate and include in its HIPAA “health care component” those departments of the City that would meet the definition of a covered entity if they were separate legal entities. Although the City as a hybrid entity remains responsible for oversight, compliance and enforcement obligations, with such designation, the HIPAA requirements apply only to the health care component(s). FINANCIAL IMPLICATIONS: Minimal. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The proposed Resolution could be rejected, but without the Resolution, the City is exposed to significantly greater liability and costs necessary to comply with HIPAA requirements City-wide as opposed to just the health care components. RECOMMENDATION: Pass and approve the proposed Resolution. Attachments: