In
addition to Dan's points, you must first define what you are (covered entity vs.
business associate). Assuming your organization has determined that you
are a covered entity, there is really no way to avoid HIPAA altogether.
However, by de-identifying information that is disclosed, you can reduce the
exposure since this is not considered IIHI. (Section 164.514 (a) of the
Privacy Rule) Another area to consider is the use of clearinghouse or ASP to
handle some of the technical issues such as EDI translation and code sets.
You will probably still have Privacy and Security issues, but it certainly
minimizes your HIPAA effort. Your point about dropping Medicare and/or Medicaid
may hold true but any organization (whether CE or BA) must always considered the
business implications and issues when developing their HIPAA compliance
plan. This will certainly be the case, as Dan points out, with providers
deciding to revert back to paper which could be a costly business decision
moving forward. Just some thoughts.
Mark Isbitts
Mark
Isbitts
Manager - Consulting
The TriZetto Group
10
Glenlake Parkway
Suite 400
Atlanta, GA 30328
770-225-3054 - office
404-395-2497 -
mobile
Rebekah,
The
only way I am aware of to minimize compliance is to submit all claims via
paper and not conduct any electronic transactions. However, when I talk
to physician offices that are 100% paper, I encourage them to not ignore HIPAA
because everyone else will be doing things they are not, and patients will
begin to wonder why. Another point I mention is when the physician is
negotiating a new contractor with a health care payer, the payer might require
the electronic submission claims as a condition of participation. If the
physician signs the contract, then he/she will need to become HIPAA compliant
in a VERY short period of time. So, why not go ahead and do the work
now.
Hope
this helps,
Dan Kelsey
Data Projects Coordinator
Indiana State Medical Association
(317) 261-2060
(317)
261-2222 fax
I
apologize if this question has been asked and answered before. Has
anyone found a way to minimize compliance with HIPAA? For example, by not
participating in Medicare (the ASCA requires electronic submission of
Medicare claims by 2003), Medicaid or submitting claims information to any
other third party payor? I know it seems extreme ... any help is
appreciated. Thanks.
Rebekah Casteel
Greenebaum Doll
& McDonald, PLLC
3300 National City Tower
101 S.5th St
Louisville, KY
40202
(502) 587-3670
(502) 588-1310 (fax)
[EMAIL PROTECTED]
That's hard to say, considering the escalating dependence on
electronic data and the impending need to secure it.
Individual owners of digital information, whether under federal
regulation or otherwise, will have to detemine the balance between
security and convenience. I suspect that only the solutions
that prove the most secure, with the highest usability
and broad compatibility will become the standard, be adopted by the
masses and consequently occupy the highly sought space on
the typical hard drive.
6207 Bee Cave
Road / Austin / Texas /
78746
512-744-4215 / 800-308-5825 / Fax
801-991-9394
Interesting solution. My
only question is how many of these types of products will everyone have
to manage in order to send/receive secure attachments? If I need
InTether to get your attachments and 4 or 5 or 10 other proprietary
solutions to get my other email partner's attachments is that really
going to work? Adobe won out in their market because the Feds went
with them. Perhaps something like that will happen with securing
email attachments. The question is not (so much) does the app
work; rather it's how many different solutions do I have to deal with in
order to get my work done?
Jan Root
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