Legal Question in Health Care Law in California

Hello,

I have a flexible spending account (Sec. 125) with Paychex. They are changing the documentation requirements for reimbursement of prescription drug costs. Beginning on October 1, they will be requiring the name of the prescription drug in order to pay a claim. My wife is an NP, and I have asked my doctor about this, and both say this requirement is a flagrant violation of HIPPA. I can't see what business it is of Paychex claim administrators what drugs my wife and I are taking, and who knows what happens to that information once I fax it to them.

I want to challenge this requirement, but don't even know where to start. Please offer some tips if you have any. Thanks!


Asked on 8/18/11, 10:09 am

1 Answer from Attorneys

You can shift the burden to them by asking in writing for an explanation and legal justification for how their requiring such information is not a violation of HIPAA.

Caleb

email: [email protected]

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Answered on 8/18/11, 10:23 am


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