The first form of OHCA described in the definition is intended to apply to hospitals and their medical staffs, to allow them to use a single joint consent, referencing a single joint privacy notice, for services provided within the context of their OHCA. There is no specific documentation requirement mentioned in the regulations. However, the regulations do require that all OHCA participants agree to abide by the terms of the joint privacy notice.
Some argue that this is already accomplished by the medical staff by-law provision that requires staff members to abide by all hospital policies and procedures. However, I recommend separate documentation specifically referring to the joint privacy notice. This will help protect individual OHCA participants from accusations that they have used or disclosed PHI without a valid consent (on the grounds that the joint OHCA consent isn't valid unless they have specifically agreed to abide by the terms of the joint notice.) I also recommend documenting the reason you believe the providers and sites you list in your joint notice fit the definition of an OHCA, and keeping this with the rest of your HIPAA documentation. Disclaimer: I am not a lawyer. You should consult your institution's general counsel regarding your OHCA documentation policy. Bill William A. MacBain Principal MacBain & MacBain, LLC 1108 Hector St. Ithaca, NY 14850 607-256-1522 -----Original Message----- From: Donna Maciak [mailto:[EMAIL PROTECTED]] Sent: Thursday, February 07, 2002 10:17 AM To: [EMAIL PROTECTED] Subject: HIPAA Privacy Question Below is a HIPAA privacy question posed by the Director of Medical Information at our institution. Could you please give us some direction and guidance on how to proceed. Wentworth-Douglass Hospital would like to have an joint arrangement with our treating physicians which would allow the hospital to use one "Consent to the Use and Disclosure of Health Information for Treatment, Payment, or Healthcare Operations" as well as one "Notice of Health Information Practices". Issues: 1. Does the Privacy regulations, section 164.501, "Organized health care arrangement allow WDH to accomplish the goal? 2. Do I need to show proof of the joint arrangement by requiring the physician groups to sign a document agreeing to adopt the WDH consent and notice for their WDH patients? Thank You, Donna Maciak Director, Performance Improvement & Regulatory Affairs WDH ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?listand enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address.
