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19.4 Adequate separation between the Plan and the Employer must be maintained. In <br /> accordance with HIPAA, only the following employees or classes of employees may be given <br /> access to PHI: <br /> (a) the person employed in the position that is given primary responsibility for performing <br /> the Employer's duties as the Plan Administrator of the Optional Benefits; and <br /> (b) staff designated by the person described in (a) above. <br /> 19.5 Limitation of PHI Access and Disclosure. The person(s) described above may only have <br /> access to and use and disclose PHI for Plan administration functions that the Employer performs <br /> for the Plan. <br /> 19.6 Noncompliance Issues. If the person(s) described above does not comply with this Plan <br /> document, the Employer shall provide a mechanism for resolving issues of noncompliance <br /> including, but not limited to, disciplinary sanctions. <br /> 19.7 Amendments and Guidance. To the extent HIPAA is amended and/or enforcement agency <br /> guidance is issued after the Effective Date of this Plan, the Plan shall be administered in <br /> accordance with the law, including such amendments and/or changes. <br /> Dated: CITY OF ELK RIVER <br /> By: <br /> Its: <br /> By: <br /> Its: <br /> ©2012 Hitesman&Wold, P.A. 48 City of Elk River <br /> Flexible Benefits Plan <br />