Thanks for elucidating my uneasiness.  The new wording is also substantially
vague enough to leave more exposure to liability for the physician rather
than less in my opinion.  I like your suggestion that the wording be
"require the "good faith effort" to get consent at the first "reasonable"
opportunity" - instead of the currently proposed gobbledegook (midwest
technical term).

Becky Reed
Principal for Healthcare Solutions
Alera Solutions, LLC

-----Original Message-----
From: Eddie G. Anderson [mailto:[EMAIL PROTECTED]]
Sent: Thursday, March 28, 2002 9:20 AM
To: [EMAIL PROTECTED]
Subject: Is the New Privacy NPRM removal of Consent a benefit or beast
to requirements for providers


IF I read the new NPRM correctly I think it will succeed in not impeding
immantely needed treatment BUT will ultimately be MORE difficult for a
provider to comply with.  As I read it Instead of "making available" my
Notice Of Privacy Practices, now I will have to make sure the patient
receives a copy (whether they want to or not) AND still record their written
acknowledgement (signature) that they received it (essentially my old
Consent Form in my opinion).  The ONLY advantage I see is the "before
treatment part" and I can see more disadvantage.  Will my provider carry a
stack of Notices Of Privacy Practice" to the hospital for non-emergency
patients, or to the rest home?  The content requirement for the Notice Of
Privacy Practices has not changed and would be much more volumus than was
the consent and one copy of the Notice "made available".  Am I missing
something or does anyone else see this as POSSIBLY more difficult to comply
with and administer.  Why not just require the "good faith effort" to get
consent at the first "reasonable" opportunity?  I see the NPRM as MORE
confusing and difficult other than the "before treatment" part.  Any other
thoughts?

Eddie G. Anderson
204 Blue Crab Cove
Emerald Isle, NC 28594
Phone 252-354-5111
Fax 866-286-8038
email [EMAIL PROTECTED]



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