Federal:
Privacy & Security act of 1998
State
California and Tennessee are the two states that have privacy
included in the states constitution that increase privacy to both the
consumer and medical. Remember California has a current law prohibiting
the use of Social Security numbers for identification for any purpose
other than taxes.
Bradley T Kiser
317 862-4434
տլ
-----Original Message-----
From: Leslie C. Bender [mailto:[EMAIL PROTECTED]]
Sent: Friday, September 27, 2002 8:09 AM
To: Zalewski Andrea; [EMAIL PROTECTED]; [EMAIL PROTECTED]
Subject: Re: Other Regs: CLIA, USC 522a, GCP issues and HIPAA Privacy
Dr. McGuinness: and there are other federal privacy laws, or laws
interpreted to extend privacy protections to consumers that intersect
with HIPAA:
Gramm Leach Bliley
Fair Debt Collection Practices Act
Fair Credit Reporting Act
Federal Trade Commission Act, Section 5 (this was the federal statute
deployed by the FTC in regard to the now infamous Eli Lilly July, 2001,
MediMessenger medical privacy situation) Computer Fraud Act (used in
Dartmouth/New Hampshire alleged medical privacy breach case last year)
and of course we'll need to see whether or not one of the On Line
Privacy bills pending in the House or Senate passes...
we'll need a formidable spreadsheet for our comparison.
Leslie Bender, Esq.
Leslie C. Bender, P.A.
1922 Greenspring Drive, Suite 7
Timonium, Maryland 21093
Ph: 410-453-4125
Fax: 410-453-4126
www.roiWebEd.com
---------- Original Message ----------------------------------
From: <[EMAIL PROTECTED]>
Reply-To: <[EMAIL PROTECTED]>
Date: Fri, 27 Sep 2002 01:17:07 -0400
>Andrea, I am unaware of any specific privacy requirements under CLIA, I
>believe that HIPAA would control. So I don't see conflict.
>
>522a or the Privacy Act of 1974 dictates privacy on the Federal Agency
>Level - thus would govern all federal agencies, and their contractors.
>It also affects state and local government, and their contractors. It
>required the same rules for the contractors as it does for the
>agencies. It has numerous conflicts and overlaps with HIPAA, and deals
>with issues not included in HIPAA's Privacy Rule as well. A link for
>the reg is: http://www.hipaahelpnow.com/privacy_act_1974.htm
>
>Where this gets seriously complicated is for Federal Agencies who are
>also HIPAA Covered Entities. To date, I have not seen a comparison
>matrix of the two. Though HCCO will examine the requirements in some
>deal later on through it's harmonization initiatives.
>
>Another regulation that also affects HIPAA Privacy in significant ways
>is the ICH/FDA GCP. The GCP regulation with the most impact to Privacy
>AND Security is 21CFR11. You may find links to the specific components
>of GCP on http://www.hipaahelpnow.com/hipaa_regulations_regs.htm at
>the bottom of the page. 21CFR11 has profound impact for providers who
>engage in clinical trials, and it affects their patient records,
>privacy, and security (overlapping the Privacy and Security rules).
>
>Once we collectively get past Privacy compliance, and significant
>effort will be needed to harmonize these regulations and HIPAA, as well
>as FERPA, so as to enable the HIPAA covered entities to rationally
>address the parallel compliance efforts required.
>
>I would be happy to discuss these issues in more detail off-line, as
>well as anyone who would like to collaborate in comparative
>harmonization efforts.
>
>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.hcco.us
>
>__________________________________________________________________
>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
>__________________________________________________________________
>
>
>=======================================================================
>====
>
>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
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>
>
>
>-----Original Message-----
>From: Zalewski Andrea [mailto:[EMAIL PROTECTED]]
>Sent: Thursday, September 26, 2002 11:40 AM
>To: [EMAIL PROTECTED]
>Subject: CLIA and USC 522a exemptions under Privacy
>
>
>Does anyone have specific information, or links to such information,
>regarding how CLIA and the USC 522a regulations affect the Privacy
>Rule?
>
>Andrea R. Zalewski
>Director of Quality Assurance and HIPAA
>HCA Physician Services
>
>
>"Quality is never an accident; it is the result of high intention,
>sincere effort, intelligent direction and skillful execution; it
>represents the wise choice of many alternatives." -- Willa A. Foster
>
>The documents accompanying this transmission contain confidential
>privileged information. The information is the property of the sender
>and intended only for use by the individual or entity named above. The
>recipient of this information is prohibited from disclosing the
>contents of the information to another party.
>
>
>
>If you are neither the intended recipient or the employee or agent
>responsible fore delivery to the intended recipient, you are hereby
>notified that disclosure of contents in any manner is strictly
>prohibited. Please notify Andrea Zalewski by calling 615-373-7434
>immediately if you received this information in error.
>
>
>
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>
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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
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