Regarding issue number 2.  In the guidance put out July 6th of 2001, under
the 'Minimum Necessary' section is a specific question and example that
covers this situation.  The students will fall under 'health care
operations'.  The rule provides for "conducting training programs in which
students, trainees, or practitioners in areas of health care learn under
supervision to practice or improve their skills as health care providers".

Hope this helps.

Thank you,
Eric Arnett
Director of Information Technology
Jewish Home for the Elderly of Fairfield, Inc.
175 Jefferson Street
Fairfield, Connecticut 06432
P:203-396-1053
F:203-365-6452
E:[EMAIL PROTECTED]

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-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Monday, February 04, 2002 10:58 AM
To: [EMAIL PROTECTED]
Subject: Question on non-employees' access



Are the following scenarios covered by "consent...for treatment and
operations", or by "business associate agreement", or is a "signed
authorization" required???

Situation 1:  A "non-hospital employee" vendor representative assists in
the surgery room, to explain or train surgeon and/or staff on the equipment
used in the procedure.  Is this "operations"?  Does this require a patient
authorization?

Likewise Situation 2:  A surgery is "observed" by an individual or by a
class of students (the patient is not identified), is this covered by
"consent ...for operations",  or does it require a signed patient
authorization?  Or is this not covered by HIPAA, since the patient's
identifiable information is not disclosed, except for the possibility of
seeing the patient's face?

John L. Schwarz
I/S Director, Enterprise Applications
---------------------



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