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2003/10/28 City Council Resolution (3)RESOLUTION NO. 2003 -255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK OUTLINING THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ( HIPAA) WHEREAS, under new provisions of the federal law known as the Health Insurance Portability and Accountability Act of 1996 ( HIPAA) that went into effect April 1, 2003, the City must take additional steps to safeguard employees' personal health information (PHI); and WHEREAS, under the new HIPAA regulations, the City must designate a Privacy Officer; and WHEREAS, under the law, the City must provide an initial HIPAA Privacy Notice to all employees, retirees, individuals on continued health insurance under COBRA and provide this information annually thereafter; and WHEREAS, the City must provide employees with an authorization form should they wish to authorize release of their PHI; and WHEREAS, the City must update health plan summary descriptions, related forms and documents as required to comply with HIPAA requirements; and WHEREAS, the City must institute security measures to adequately protect employees' records containing PHI, whether that information is in hard copy or electronic form and correct security breaches upon knowledge of same; and WHEREAS, under the new regulations, the City must have a business agreement in place with third party administrators of the City's health plans who would have access to employees' PHI and also provide the party with the City's Privacy Notice and Authorization to Release PHI Forms; and WHEREAS, the City must identify job classifications in the City which require access to employees' PHI as part of their regular job duties, update those job descriptions to encompass the additional security and confidentiality requirements and reclassify those particular positions properly to the Confidential Unit from the Rohnert Park Employees' Association (RPEA); and WHEREAS, under the law, the City's workers' compensation insurance, life insurance, long -term disability insurance and pre - employment testing are exempt from the HIPAA regulations; and Resolution No. 2003 -255 (Page 2 of 2) NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that Steve Donley, Assistant City Manager, is designated as the City's Privacy Officer and will be working with the relative City departments and third -party administrators to bring the City into compliance with all HIPAA requirements as required by law; that the City will complete all phases of compliance by April 1, 2004 as required by law and will amend this resolution and update our policies and procedures as the law may be require in the future. DULY AND REGULARLY ADOPTED this 28"' day of October, 2003. CITY CITY OF ROHNERT PARK MA�KENZIE: AYE NORIDIN: AYE SPRADLIN: AYE VIDAK- MART�ZAY�F FLORES: AY E AYES: {5NOES: (0) ABSENT (0) ABSTA