By my comment, I did not believe that I was implying that the NPRM did anything other
than propose changes to the "final" rule. My message simply stated that NPRM ddi away
with the consent requirement for TPO. Since the NPRM is, by definition a proposal of
regulations, I assumed that the members of the list would understand that the NPRM
did not mean a final rulemaking. In hindsight, I should have stated that the NPRM
"proposes" to do away with the consent requirement for TPO. I appologize for any
confusion.
* * * * * * * *
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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>>> "Terry Knapp, MD" <[EMAIL PROTECTED]> 03/27/02 06:57PM >>>
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
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-----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
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in error, or are not the named recipient(s), please notify the sender at
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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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