• HIPAA and Flexible Spending Accounts for Health Care: The Answer
  • May 20, 2003
  • Law Firm: Dechert LLP - Office
  • Last week, the Office of Civil Rights ("OCR"), United States Department of Health and Human Services, finally answered an important question about the HIPAA privacy regulations. Although our research had led us to the conclusion that a flexible spending account ("FSA") for health care could be considered a covered "group health plan" under the regulations, when asked about this, OCR staff had responded they were not sure. OCR staff stated that they would review this question and respond on their web site once they reached a conclusion. They finally have concluded that an FSA for health care is covered under HIPAA.