The privacy rules implementing the federal Health Insurance Portability and Accountability Act ("HIPAA") took effect April 14, 2003. Although the federal HIPAA privacy rule does not apply to workers' compensation insurers, workers' compensation administrative agencies or employers (unless covered in some other capacity), it does affect these groups. These groups, and others, need access to health information to administer the states' workers' compensation systems and provide the benefits guaranteed to injured workers under those systems. Much of this information must come from health care providers and others who are covered by the federal privacy rule. The complexity of the new privacy rule, and ambiguous language in the rule, both contribute to general confusion regarding its boundaries.
