John, the point I was making, is that as I read Cory's phrasing, it mirrors
what I have been told by countless CEs.  That many feel that they can
"speed" and either get away with it, or pay the fine and go on their way.
This may be fine, but from an ethical basis, as well as from a liability
standpoint - I can't allow myself to have any real knowledge of this
behavior and I avoid doing business with them.

In my own conversations with regulators in the past, much is based upon
"good faith" and behavior, but there is also the letter.  Where clear
declarations exist that an entity is not going to comply, I suggest this is
not good faith, and regulators typically have little patience for it.
Unfortunately, I have heard providers state this over and over, and I avoid
them since they represent undefinable liability for my company should I
knowingly cooperate.  I really don't think any CE that does as you suggest,
makes good faith effort, and justifies their actions, has much to fear from
Federal Enforcement (though I can't speak for them, this is just my
opinion).  I do think, that just like the overloaded truck driver, the real
liability comes down the road in litigation when something bad happens.
However, the potential downside may be more than just a fine, after all
Enron and Worldcom just ignored a few regulations too.

I personally look at the business benefits from this process.  Overall,
these are needed reforms.  But I also look at this as an ethical issue too.
But I'm the first to admit, that lacking any case law, it's all
unforeseeable consequences.

Tim McGuinness, Ph.D.
President,
HIPAA Help Now Inc.
[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>
www.hipaahelpnow.com <http://www.hipaahelpnow.com/>

Executive Co-Chairman for Privacy,
HIPAA Conformance Certification Organization� (HCCO�)
www.hipaacertification.org <http://www.hipaacertification.org>

__________________________________________________________________
Tim McGuinness, Ph.D. - Instant Access
Phone:   727-787-3901   Cell: 305-753-4149    Fax: 240-525-1149
Instant Messengers:  ICQ# 22396626 - MSN IM: [EMAIL PROTECTED] -
Yahoo IM  timmcguinness - AOL IM:      mcguinnesstim
__________________________________________________________________


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