Noel,

I asked that question at the SNIP Conference in Chicago early last year and 
was told that if a healthcare provider does NOT electronically transmit any 
of the covered transactions, then they will not have to comply with the 
Privacy & Security Regulations.

However, a HC Provider will not be excluded from complying with the Privacy 
& Security rules by merely using a billing service/company to transmit 
electronic transmissions.

Has anyone else heard anything different?

Max Bumbalough
HIPAA Consultant
GovConnect, Inc.
(800)565-4873 x230
[EMAIL PROTECTED]






>From: Noel Chang <[EMAIL PROTECTED]>
>To: [EMAIL PROTECTED]
>Subject: Covered entities
>Date: Mon, 18 Mar 2002 10:44:45 -0600
>
>Has anyone seen any further clarification from DHHS on who must comply
>with the Privacy Rule?
>
>The way I interpret the final rule published in December of 2000, and
>the guidelines published in July of 2001, the only health care providers
>that must comply are those who electronically conduct one or more of the
>ten covered transactions.  I have encountered a specialist who does not
>accept any insurance, they are a cash only operation.  As such they do
>not file any claims or deal with eligibility, etc.  By my reading they
>would appear to not be a covered entity and therefore are not required
>to comply with the Privacy Rule.
>
>I keep seeing information from various sources (not DHHS or OCR,
>however) that make very broad statements such as "HIPAA applies to
>everyone" or "there are no HIPPAA free records".  I can understand what
>they mean by these statements in certain context but I think they are a
>little too broad and misleading.  Does anyone else agree that a doctor's
>office who is not electronically conducting a covered transaction is
>therefore not a covered entity for the purposes of the Privacy Rule?  If
>you do not agree, can you cite where is the requirement that such an
>office comply with the Privacy Rule?
>
>Thanks,
>
>Noel Chang
>
>
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