My understanding is that the privacy reg changes are proposed changes and will be finalized after a 30-day comment period. Thus the consent requirements for TPO MAY be done away with yet, but the fat lady hasn't sung.
Terry Knapp, MD-CEO PrivaComp, Inc. 2450 Central Avenue, Suite D Boulder, CO 80301 303-444-4114 This e-mail may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail and delete all copies of this message. -----Original Message----- From: Stephan C. Masoncup [mailto:[EMAIL PROTECTED]] Sent: Wednesday, March 27, 2002 1:06 PM To: [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] Subject: RE: Health Insurance Companies getting DisclosureAuthorization 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 This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above (call collect if long distance), delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Thank you. >>> "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 ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=ivacy and enter your email address. ---------------------------------------------------------------------------- -- CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that you are strictly prohibited from printing, storing, disseminating, distributing or copying this communication. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank You, Antares Management Solutions. ============================================================================ == ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=ivacy and enter your email address. NOTICE: This electronic mail transmission may contain an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling 612-343-2800, so that our address record can be corrected. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=ivacy and 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.
