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<br />© 2012 Hitesman & Wold, P.A. City of Elk River <br />Flexible Benefits Plan <br />48 <br />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 /> <br /> <br />Dated: CITY OF ELK RIVER <br /> <br /> By: <br /> <br /> Its: <br /> <br /> <br />By: <br /> <br /> Its: <br /> <br />Page 141 of 254