The NPRM contains PROPOSALS, and is not final yet by any means. We
therefore must adhere to the "law of the land" until there is a final
amendment regulation. There is a large group of people out there who do not
understand the complexities of obtaining consent BEFORE any health care
service is rendered, and they're putting up a fight already, stating the
proposal will undermine the Privacy Regs. entirely. Comments supporting the
proposed NPRM amendments are extremely important if the amendments are to
stand. Senator Kennedy and an advocacy group have gathered a large amount of
money to fight this change. Have you drafted your comments yet?
Carolyn Price
-----Original Message-----
From: Stephan C. Masoncup [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, March 27, 2002 12:06 PM
To: [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]
Subject: RE: Health Insurance Companies getting Disclosure Authorization
to Subrogate with Auto Insurance Co.
FYI -
Today's NPRM does away with the consent requirement for TPO.
* * * * * * * *
Stephan C. Masoncup, Esq.
Hall, Render, Killian, Heath & Lyman, P.S.C.
8402 Harcourt Road, Suite 820
Indianapolis, IN 46260
Phone: 317.871.6222
Fax: 317.338.3946
e-mail: [EMAIL PROTECTED]
CONFIDENTIALITY NOTICE
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>>> "Rachel Foerster" <[EMAIL PROTECTED]> 03/27/02 02:52PM >>>
Patricia,
I'm not an attorney, but I believe that consent is required by all direct
treating providers to use and disclose protected health information for
treatment, payment or operations. This consent is a one-time event and good
until/unless revoked by the individual.
Other than that, I would agree that this consent would cover the subrogation
issue.
Rachel
Rachel Foerster
Rachel Foerster & Associates, Ltd.
Phone: 847-872-8070
-----Original Message-----
From: Carter, Patricia [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, March 27, 2002 10:16 AM
To: Jim Moores; [EMAIL PROTECTED]; [EMAIL PROTECTED]
Cc: Kathleen Golovan
Subject: RE: Health Insurance Companies getting Disclosure Authorization to
Subrogate with Auto Insurance Co.
Subrogation is part of "payment," and as TPO would not generally be subject
to the authorization requirements, but rather to the consent requirements
(and a health plan need not -- even before the NPRM-- get consent for TPO
uses and disclosures.)
Patricia I. Carter, J.D.
Gray, Plant, Mooty, Mooty & Bennett, P.A.
3400 City Center
33 South Sixth Street
Minneapolis, MN 55402
Phone: 612-335-7867
Fax: 612-333-0066
Email: [EMAIL PROTECTED]
-----Original Message-----
From: Jim Moores [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, March 27, 2002 8:55 AM
To: [EMAIL PROTECTED]; [EMAIL PROTECTED]
Cc: Kathleen Golovan
Subject: Health Insurance Companies getting Disclosure Authorization to
Subrogate with Auto Insurance Co.
Hi All,
Have any of the payers on the list confronted the problem of how health
plans getting Disclosure Authorization to subrogate claims with
auto/property/casualty/hazard insurance companies... For example, because
the auto insurer is not a CE nor a BA how can the Health Plan share PHI with
the auto insurer when it is looking for them to subrogate the claim. Getting
authorization from the member is going to be hard because they have no
motivation to provide it and may actually have a disincentive to do so
because they do not want their auto insurance rates to go up. The auto co
won't subrogate without the information.
Tips on where to go to get guidance or thoughts on the matter would be
much appreciated....
Jim Moores - HIPAA Team Leader - Privacy
Antares Management Solutions
23700 Commerce Park Road
Beachwood, Ohio 44122-5832
[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>
Phone: (216)292-1605
Fax: (216)292-1619
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