No Rebecca, regretfully, I don't think it is a joke. Whoever the author of this so-called statement is, should carefully consider how serious this is!. First, in my opinion, the so-called statement of non-participation is false, misleading, misrepresentative, and fraudulent. It is coercive, in contradiction to HIPAA itself. If ANY practice that subscribes to this, should be subject to enforcement, and no doubt would present CMS/OCR with a perfect non-compliance poster child. The below notice only demonstrates the ignorance and hostility of the author. HIPAA does not have to be such a confrontational issue, reasonable steps can be taken, without all the perceived pain and emotions.
However, having said all of that, the act of providing this document - in effect, a Notice of Privacy Practices - falls within HIPAA, and might be viewed as partial, but inadequate compliance! Frankly, there is no realistic argument to be made for non-compliance. Practices are a business, and should be run so as to remain in business. They might as well simply have a sign that says "Come Get Me!". HIPAA very likely will become a component of state licensing requirements in the future as well! It can be fought, just as some fight income taxes, drivers licenses, and property taxes. I personally believe that HIPAA is GOOD for patients, and I happen to be one! However, I also fully acknowledge that this is a burden, and that the vast majority of doctors and their staff provide exemplary services and are committed to their patients. But this just isn't the way to go! The risk isn't just from Federal Enforcement, but from within, and from your patients who have a right to litigate. Do you honestly think that the liability attorneys haven't figured out that HIPAA represents a whole new business opportunity for them? My suggestion to the author is: Do business internally only, if you wish, don't engage in direct transactions with payors, but be complaint in Privacy and Security. But recognize, your paper patient claim support documents, if generated electronically can still be viewed as an electronic transaction. Also, unless the support documents contain the required data, the patients may not get reimbursed. I would argue that there isn't much business to be had in a strictly cash only business - though I in fact know of at least one. You are also going to loose your Medicare business as well. But if you are intent on not being a covered entity, give up your computers, give up your email, no pda, no laptop, no alphanumeric pager, stick strictly to paper for everything you do! Just imagine how much you'll save! Better yet, switch to barter! Goats and sheep don't lend themselves to electronic transactions, and are hard to digitize! Though they are easy to Ba-a-a-a-a-a-ack-up! Of Course, you might still be subject to Department of Agriculture Regulations! Tim McGuinness, Ph.D. Consulting Specialist in Regulatory Privacy, Security, and Application Compliance (HIPAA/ASCA/FDA/CMS-HCFA/ICH/ADA 508c), [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> President, HIPAA Help Now [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> =========================================================================== IMPORTANT NOTICE: This communication, including any attachment, contains information that may be confidential or privileged, and is intended solely for the entity or individual to whom it is addressed. If you are not the intended recipient, please notify the sender at once, and you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message is strictly prohibited. Nothing in this email, including any attachment, is intended to be a legally binding signature. -----Original Message----- From: Rebecca Cowling [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 9:00 AM To: fwdanby; [EMAIL PROTECTED] Subject: Re: PHI MAP is here ( was RE: Yoo-hoo!! Kristi?!! Where are you!! Yoo-hoo!! Is this a joke? ----- Original Message ----- From: "fwdanby" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Sunday, September 22, 2002 8:41 PM Subject: Re: PHI MAP is here ( was RE: Yoo-hoo!! Kristi?!! Where are you!! Yoo-hoo!! > Many of my colleagues are getting pretty fed up with the requirements > dictated by HIPAA. To know them is not to love them! > Some see the following as a way to save time and money that would be FAR FAR > BETTER APPLIED TO PATIENT CARE. > What do you think of this approach (aside of course from envying the less > than 10 crowd). > Yes I know there are some debatable quibbles in the content. > Bill D. > > MODEL PATIENT PRIVACY PROTECTION ADVISORY > Notice of Non-participation in Government Medical Records Program > > > I have chosen to remain a non-covered entity under the Health Insurance > Portability and Accountability Act of 1996 (HIPAA) that goes into effect in > October 2002. If I agreed to participate, I would have to comply with more > than 3,000 pages of federal laws and regulations that decide how and when > your > private medical files are used, as well as who has access to them.This would > be done without your permission. Instead, you would only have a chance to > read a statement of general ways your records might be used, rather than > requiring your consent for their use. > > Under these rules, thousands of government agencies would have virtually > unrestricted access to your medical records.The HIPAA standards will result > in a nationwide data base of medical records accessible to marketers, > government agents, researchers, and many private entities whose interests > may > conflict with the best interest of patients. It is not possible to protect > confidentiality once records are in a networked computer, no matter how many > rules are in force. > > Further, the regulations enable a centralized government database of > everyone's medical records. Information in your medical record could be used > against you, for example, to ration your care or even to prosecute you, as > for an allegedly false statement to an insurer. > > By choosing to be a "non-covered entity" and not filing a compliance program > with the government, I am better able to protect the confidentiality of your > medical record. > > I am also better able to serve your medical needs by concentrating on > medical > problems rather than complex, ever-changing rules, and by organizing my > practice in an efficient manner rather than the way dictated by government > rules. > > Our practice will not participate in the entry of your private data into > this > data base. Your records will be released only with your written consent, > except as may be specifically required by law. > > To do this, I must file only paper claims, not electronic ones. This may > delay processing. > > You may choose to file your own claim. This may lead to faster payment and > possibly even to a higher rate of reimbursement. Our office will gladly > provide you with any documentation you need if you choose to file your own > claim. We will continue to make the trust of our patients our highest > priority. > > > ********************************************************************** > To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy > and enter your email address. > > The WEDI SNIP listserv to which you are subscribed is not moderated. The > discussions on this listserv therefore represent the views of the individual > participants, and do not necessarily represent the views of the WEDI Board of > Directors nor WEDI SNIP. If you wish to receive an official opinion, post > your question to the WEDI SNIP Issues Database at > http://snip.wedi.org/tracking/. > Posting of advertisements or other commercial use of this listserv is > specifically prohibited. > ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address. The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. Posting of advertisements or other commercial use of this listserv is specifically prohibited.
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