RE: Another NPP question
During our initial admit paperwork we are planning of having the patient initial next to acknowledgement of receipt. However, they also sign the end of that document because they initial other items on that particular page For existing patients, I don't see how intials by themselves would work Just my opinion Confidential Information This email message is intended only for the person or entity to which it is addressed. Unless otherwise indicated or obvious by the nature of this transmittal, the information contained in this email message is privileged and confidential, intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message THERAPY 2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 -Original Message- From: Harpe, Leslie [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 7:58 AM To: 'Craig Moen'; WEDI SNIP Privacy Workgroup List Subject: RE: Another NPP question I have a line that states I acknowledge receipt of the Notice of Privacy Practice. and a line to sign on our COA. I'm going to piggyback a question with your question, are initials acceptable for acknowledgment? -Original Message- From: Craig Moen [mailto:[EMAIL PROTECTED] Sent: Tuesday, March 18, 2003 6:00 PM To: WEDI SNIP Privacy Workgroup List Subject: Another NPP question Another NPP question. We are drafting our aknowledgement of receipt form for existing patients for distribution. In 164.520 it describes acknowledgement of receipt I am not finding specific language that requires they sign that they have Read and Understand It would then seem that they would sign that we have delivered the NPP. Is anyone reading that any differently?? Craig Moen Confidential Information This email message is intended only for the person or entity to which it is addressed. Unless otherwise indicated or obvious by the nature of this transmittal, the information contained in this email message is privileged and confidential, intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message THERAPY 2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: Another NPP question
Doug and Leslie As I was looking into the Rule itself for something different I stumbled across this under 164.522 pg 53240 "For example, The final rule does not require an individuals signature on the notice. Instead, a covered healthcare provider is permitted, for example to have the individual's sign a separate sheet or list, or to simply initial a cover sheet of the notice to be retained by the provider" Finally somwhere, where my(our) thoughts were inline with the rule Confidential Information This email message is intended only for the person or entity to which it is addressed. Unless otherwise indicated or obvious by the nature of this transmittal, the information contained in this email message is privileged and confidential, intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message THERAPY 2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 -Original Message-From: Doug Webb [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 8:31 AMTo: Craig Moen; WEDI SNIP Privacy Workgroup ListSubject: Re: Another NPP question Craig, I agree with your position. I think that a signed document needs at least one full signature. Having that full signature and date, I would think that initials other places should be OK (they work for the money people). The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Craig Moen To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, March 19, 2003 08:14 AM Subject: RE: Another NPP question During our initial admit paperwork we are planning of having the patientinitial next to acknowledgement of receipt. However, they also sign the endof that document because they initial other items on that particular pageFor existing patients, I don't see how intials by themselves would workJust my opinionConfidential InformationThis email message is intended only for the person or entity to which it isaddressed. Unless otherwise indicated or obvious by the nature of thistransmittal, the information contained in this email message is privilegedand confidential, intended for the use of the intended recipient (or theemployee or agent responsible to deliver to the intended recipient), you arehereby notified that any dissemination, distribution or copying of thiscommunication is strictly prohibited. If you are not the intended recipient,please contact the sender by reply email and destroy all copies of theoriginal messageTHERAPY 20001881 Sylvan Avenue Suite 210Dallas, Tx 75208-Original Message-From: Harpe, Leslie [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 7:58 AMTo: 'Craig Moen'; WEDI SNIP Privacy Workgroup ListSubject: RE: Another NPP questionI have a line that states "I acknowledge receipt of the Notice of PrivacyPractice." and a line to sign on our COA. I'm going to piggyback a questionwith your question, are initials acceptable for acknowledgment?-Original Message-From: Craig Moen [mailto:[EMAIL PROTECTED]Sent: Tuesday, March 18, 2003 6:00 PMTo: WEDI SNIP Privacy Workgroup ListSubject: Another NPP questionAnother NPP question.We are drafting our aknowledgement of receipt form for existing patients fordistribution. In 164.520 it describes "acknowledgement of receipt" I amnot finding specific language that requires they sign that they have "Readand Understand" It would then seem that they would sign that we havedelivered the NPP. Is anyone reading that any differently??Craig MoenConfidential InformationThis email message is intended only for the person or entity to which it isaddressed. Unless otherwise indicated or obvious by the nature of thistransmittal, the information contained in this email message is privilegedand confidential, intended for the use of the intended recipient (or
Requests to amend
According to the regs, if the patient has not submitted a written statement of disagreement when a covered entity denies their request for an amendment, the covered entity must include the patient's request for an amendment and its denial of it with any subsequent disclosure of the PHI only if the individual has requested such action. I am having a little trouble with the way this is worded -- if the patient does not submit a written statement of disagreement, does the covered entity have the option to send out the request for an amendment and their denial of it with future disclosures, or if may they only do that when the patient submits a written statement of disagreement? Thanks again! Jill Rubin --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: Another NPP question
Ive also seen small practice groups (in lieu of sign in sheets) and pharmacies developing an acknowledgment book approach with the printed language of the acknowledgment at the top of each page with patients signing the book and dating their signature and it is my understanding that this is okay based on comments about scalability from HHS. Leslie C. Bender ROI WebEd Company 1922 Greenspring Drive, Suite 7 Timonium, Maryland 21093 Phone: 410-453-4125 Facsimile: 410-453-4126 www.roiWebEd.com -Original Message- From: Craig Moen [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 9:46 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: Another NPP question Doug and Leslie As I was looking into the Rule itself for something different I stumbled across this under 164.522 pg 53240 For example, The final rule does not require an individuals signature on the notice. Instead, a covered healthcare provider is permitted, for example to have the individual's sign a separate sheet or list, or to simply initial a cover sheet of the notice to be retained by the provider Finally somwhere, where my(our) thoughts were inline with the rule Confidential Information This email message is intended only for the person or entity to which it is addressed. Unless otherwise indicated or obvious by the nature of this transmittal, the information contained in this email message is privileged and confidential, intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message THERAPY 2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 -Original Message- From: Doug Webb [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 8:31 AM To: Craig Moen; WEDI SNIP Privacy Workgroup List Subject: Re: Another NPP question Craig, I agree with your position. I think that a signed document needs at least one full signature. Having that full signature and date, I would think that initials other places should be OK (they work for the money people). The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. Webb Computer System Engineer Little Company of Mary Hospital Health Care Centers [EMAIL PROTECTED] This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you. - Original Message - From: Craig Moen To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, March 19, 2003 08:14 AM Subject: RE: Another NPP question During our initial admit paperwork we are planning of having the patient initial next to acknowledgement of receipt. However, they also sign the end of that document because they initial other items on that particular page For existing patients, I don't see how intials by themselves would work Just my opinion Confidential Information This email message is intended only for the person or entity to which it is addressed. Unless otherwise indicated or obvious by the nature of this transmittal, the information contained in this email message is privileged and confidential, intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message THERAPY 2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 -Original Message- From: Harpe, Leslie [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 7:58 AM To: 'Craig Moen'; WEDI SNIP Privacy Workgroup List Subject: RE: Another NPP question I have a line that states I acknowledge receipt of the Notice of Privacy Practice. and a line to sign on our COA. I'm going to piggyback a question with your question, are initials acceptable for acknowledgment? -Original Message- From: Craig Moen [mailto:[EMAIL PROTECTED] Sent: Tuesday, March 18, 2003 6:00 PM To: WEDI SNIP Privacy Workgroup List Subject: Another NPP question Another NPP question. We are drafting our aknowledgement of receipt form for existing patients for distribution. In
Accounting of Disclosures
I know this has been asked repeadetly, but now that I'm training our workforce I'm starting to get more detailed questions on what needs to be logged. As the HIPAA rule states it they say what does not have to be logged, but they don't say what does. So, by the process of elimination I'm left to believe that everything that needs to be logged are those items listed under 164.512 a-l (required by law to workers comp). Is this an accurate assumption of what's left to track? We are required to report a lot of things by law so all of those need to be logged (ATLAS abstracting, PHC4 data, infectious diseases, CORE calls, abuse calls, etc, etc?) Thanks! --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: Accounting of Disclosures
A very good question that I am also interested in finding others opinions At this point we are going to log non-routine requests (such as someone that was not originally identified and is now requesting info, even if the family agrees/consents) Also we are logging errors such as missent faxes and e-mails. Other ideas and comments are welcome Confidential Information This email message is intended only for the person or entity to which it is addressed. Unless otherwise indicated or obvious by the nature of this transmittal, the information contained in this email message is privileged and confidential, intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message THERAPY 2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 -Original Message- From: Patricia Conroe [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 9:53 AM To: WEDI SNIP Privacy Workgroup List Subject: Accounting of Disclosures I know this has been asked repeadetly, but now that I'm training our workforce I'm starting to get more detailed questions on what needs to be logged. As the HIPAA rule states it they say what does not have to be logged, but they don't say what does. So, by the process of elimination I'm left to believe that everything that needs to be logged are those items listed under 164.512 a-l (required by law to workers comp). Is this an accurate assumption of what's left to track? We are required to report a lot of things by law so all of those need to be logged (ATLAS abstracting, PHC4 data, infectious diseases, CORE calls, abuse calls, etc, etc?) Thanks! --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
Re: Accounting of Disclosures
I understood that if you were disclosing PHI to worker's comp carriers for payment purposes, you would not have to include it in the accoutning of disclosures. Jill Rubin, Esq. (617)388-2404 [EMAIL PROTECTED] --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
authorizations
Am I clear in my understanding that for a physician to release phi in situations such as employment physicals, school nurse (return to school), immunization records for schools or camp physicals that he/she would need a signed authorization? Can anyone direct me to some written guidance on this? Thanks.Kelli Caiafa, MHS, NHA Regional Director Middlesex County Medical Society www.mcmsnj.org Do you Yahoo!? Yahoo! Platinum - Watch CBS' NCAA March Madness, live on your desktop! --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: Accounting of Disclosures
Jill -- Correct. You do not have to account for workers compensation disclosures. Dee Warrington Director, HIPAA and Regulatory Compliance OAO HealthCare Solutions, Inc. 20955 Warner Center Lane Woodland Hills, CA 91367 (818) 598-6606 Fax: (818) 598-3270 [EMAIL PROTECTED] Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 9:16 AMTo: WEDI SNIP Privacy Workgroup ListSubject: Re: Accounting of DisclosuresI understood that if you were disclosing PHI to worker's comp carriers for payment purposes, you would not have to include it in the accoutning of disclosures.Jill Rubin, Esq.(617)388-2404[EMAIL PROTECTED] ---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
Billing Services with Contractors
I wanted to get input regarding Billing Services that use contractors to perform certain services. My understanding is the Billing Service is considered a Business Associate and not a covered entity. If that is true, would the contractors working for a billing service be Business Associates of a Business Associate and would they sign a similair BA agreement as the billing service did but between them and the billing service?? I look forward to everyones intepretation as even our attorney is a bit confused. This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 1-800-500-0175 ext 114and permanently delete the original and any copy of any e-mail and printout thereof. --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
Re: Billing Services with Contractors
Daniel, 1) Billing Services are Business Associates of Providers. Because of what they do, if they work with standard transactions, they may also be considered a Covered Entity Clearinghouse (converting [highly] non-standard data to standard transactions, and vice versa). 2) An entity that performs services on your behalf that involve PHI is your BA, and there should be a BA contract between you and that entity. An entity that performs services on behalf of your provider customers is the BA of the provider, and technically there should be a BA contract between your customers and the contractor. I believe that if you have a BA contract with the contractor, that establishes a chain of trust that will meet the contract requirements. (check this one out -- my eyes glazed over). The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Daniel E. McDonald To: WEDI SNIP Privacy Workgroup List Sent: Wednesday, March 19, 2003 11:58 AM Subject: Billing Services with Contractors I wanted to get input regarding Billing Services that use contractors to perform certain services. My understanding is the Billing Service is considered a Business Associate and not a covered entity. If that is true, would the contractors working for a billing service be Business Associates of a Business Associate and would they sign a similair BA agreement as the billing service did but between them and the billing service?? I look forward to everyones intepretation as even our attorney is a bit confused. This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 1-800-500-0175 ext 114and permanently delete the original and any copy of any e-mail and printout thereof. ---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: Billing Services with Contractors
Leslie - So if my billing company did not consider itself a clearinghouse (thus a CE); and we were only a BA, then anybody we subcontracted to would require us to have a BA as well, (e.g. 'second tier business associates')? I have not seen/been told that before. Please indicate where that is stated in the regs. I appreciate your input and education! Thanks, Brenda Daniel: Not all billing services are business associates only. If your billing service performs any translations of standard to nonstandard data elements in connection with any of the standard transactions (e.g., if you receive any print images of non standard itemized bills your provider clients have sent and key them into an 837 for re-billing or for billing to an insurer you now have discovered) your billing service may meet the HIPAA definition of a clearinghouse and thus you would be both a business associate and a covered entity. If you have any vendors with whom you use/exchange PHI on behalf of your provider clients, they would likely be second tier business associates and yes you would need to have them execute BA agreements with you at least as stringent as those you sign with your provider clients. For example, if you forward accounts from patients residing in other states to billing companies in those states, you would need a BA agreement with the billing services to whom you forward the accounts. ACA International, a non profit trade association for, among others, billing and health care collection agencies has extensive educational materials and an upcoming program applying HIPAA to billing services and health care collection agencies. They have some upcoming educational programs that may interest you and your counsel. Hope this helps. Leslie C. Bender ROI WebEd Company -Original Message- From: Daniel E. McDonald [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 12:59 PM To: WEDI SNIP Privacy Workgroup List Subject: Billing Services with Contractors I wanted to get input regarding Billing Services that use contractors to perform certain services. My understanding is the Billing Service is considered a Business Associate and not a covered entity. If that is true, would the contractors working for a billing service be Business Associates of a Business Associate and would they sign a similair BA agreement as the billing service did but between them and the billing service?? I look forward to everyone's intepretation as even our attorney is a bit confused. This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 1-800-500-0175 ext 114 and permanently delete the original and any copy of any e-mail and printout thereof. --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at
RE: Billing Services with Contractors
Daniel, I believe that your Billing Service would most likely be a BA,but check to make sure you're not conducting standard transactions because that could make you a Covered Entity...but that's a whole other issue. I'm disturbed that your attorney is confused on this issue. One of the required portions of a Business Associate Agreement is that the Business Associate must receive similar "satisfactory assurances" from their subcontractors that may work with the Covered Entity's PHI. This essentially mandates a contract closely resembling a Business Associate Agreement from the BA to their own BA (a grand-BA!). References for this are: 45 CFR 164.504(e)(2)(ii)(D) and the model business associate agreement from the Preamble to the Final Rule. Thanks, Jason Brege Clinton A. Harkins, P.C. -Original Message-From: Daniel E. McDonald [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 12:59 PMTo: WEDI SNIP Privacy Workgroup ListSubject: Billing Services with Contractors I wanted to get input regarding Billing Services that use contractors to perform certain services. My understanding is the Billing Service is considered a Business Associate and not a covered entity. If that is true, would the contractors working for a billing service be Business Associates of a Business Associate and would they sign a similair BA agreement as the billing service did but between them and the billing service?? I look forward to everyone's intepretation as even our attorney is a bit confused. This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 1-800-500-0175 ext 114and permanently delete the original and any copy of any e-mail and printout thereof. ---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org This message is intended only for the use of the individual to which it is addressed and contains information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and permanently delete the message immediately. Thank You
RE: Billing Services with Contractors
See 45 CFR Section 164.504(e)(2)(i)(D). There is also language to this effect in the OCR's Model BA document. Leslie Bender -Original Message- From: Brenda K. Burton [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 2:09 PM To: [EMAIL PROTECTED] Cc: [EMAIL PROTECTED] Subject: RE: Billing Services with Contractors Leslie - So if my billing company did not consider itself a clearinghouse (thus a CE); and we were only a BA, then anybody we subcontracted to would require us to have a BA as well, (e.g. 'second tier business associates')? I have not seen/been told that before. Please indicate where that is stated in the regs. I appreciate your input and education! Thanks, Brenda Daniel: Not all billing services are business associates only. If your billing service performs any translations of standard to nonstandard data elements in connection with any of the standard transactions (e.g., if you receive any print images of non standard itemized bills your provider clients have sent and key them into an 837 for re-billing or for billing to an insurer you now have discovered) your billing service may meet the HIPAA definition of a clearinghouse and thus you would be both a business associate and a covered entity. If you have any vendors with whom you use/exchange PHI on behalf of your provider clients, they would likely be second tier business associates and yes you would need to have them execute BA agreements with you at least as stringent as those you sign with your provider clients. For example, if you forward accounts from patients residing in other states to billing companies in those states, you would need a BA agreement with the billing services to whom you forward the accounts. ACA International, a non profit trade association for, among others, billing and health care collection agencies has extensive educational materials and an upcoming program applying HIPAA to billing services and health care collection agencies. They have some upcoming educational programs that may interest you and your counsel. Hope this helps. Leslie C. Bender ROI WebEd Company -Original Message- From: Daniel E. McDonald [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 12:59 PM To: WEDI SNIP Privacy Workgroup List Subject: Billing Services with Contractors I wanted to get input regarding Billing Services that use contractors to perform certain services. My understanding is the Billing Service is considered a Business Associate and not a covered entity. If that is true, would the contractors working for a billing service be Business Associates of a Business Associate and would they sign a similair BA agreement as the billing service did but between them and the billing service?? I look forward to everyone's intepretation as even our attorney is a bit confused. This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 1-800-500-0175 ext 114 and permanently delete the original and any copy of any e-mail and printout thereof. --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of
RE: Billing Services with Contractors
Yes. We do this all the time. Internally we refer to these as subcontractor business associates. We have a template called a c-BAA that we have sent to all out subcontractors based on the provision in the BAA that requires us to pass through the same requirements to any subcontractor. The whereasses go something like this Whereas HIPAA requires a covered entity to... WhereasI am a BA of a covered entity... Whereas Contractor provides services to methrough which it may have access to PHI of covered entity... Whereas we both desire... I can't send you the whole agreement, but the rest of the cBAA reads much the same asour BAA. -Original Message-From: Daniel E. McDonald [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 12:59 PMTo: WEDI SNIP Privacy Workgroup ListSubject: Billing Services with Contractors I wanted to get input regarding Billing Services that use contractors to perform certain services. My understanding is the Billing Service is considered a Business Associate and not a covered entity. If that is true, would the contractors working for a billing service be Business Associates of a Business Associate and would they sign a similair BA agreement as the billing service did but between them and the billing service?? I look forward to everyone's intepretation as even our attorney is a bit confused. This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 1-800-500-0175 ext 114and permanently delete the original and any copy of any e-mail and printout thereof. ---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: Billing Services with Contractors
Oops - my apologies - little typo - 45 CFR Section 164.504(e)(2)(ii)(D) - need stronger reading glasses. Leslie Bender -Original Message- From: Leslie C Bender [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 2:31 PM To: '[EMAIL PROTECTED]' Cc: '[EMAIL PROTECTED]' Subject: RE: Billing Services with Contractors See 45 CFR Section 164.504(e)(2)(i)(D). There is also language to this effect in the OCR's Model BA document. Leslie Bender -Original Message- From: Brenda K. Burton [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 2:09 PM To: [EMAIL PROTECTED] Cc: [EMAIL PROTECTED] Subject: RE: Billing Services with Contractors Leslie - So if my billing company did not consider itself a clearinghouse (thus a CE); and we were only a BA, then anybody we subcontracted to would require us to have a BA as well, (e.g. 'second tier business associates')? I have not seen/been told that before. Please indicate where that is stated in the regs. I appreciate your input and education! Thanks, Brenda Daniel: Not all billing services are business associates only. If your billing service performs any translations of standard to nonstandard data elements in connection with any of the standard transactions (e.g., if you receive any print images of non standard itemized bills your provider clients have sent and key them into an 837 for re-billing or for billing to an insurer you now have discovered) your billing service may meet the HIPAA definition of a clearinghouse and thus you would be both a business associate and a covered entity. If you have any vendors with whom you use/exchange PHI on behalf of your provider clients, they would likely be second tier business associates and yes you would need to have them execute BA agreements with you at least as stringent as those you sign with your provider clients. For example, if you forward accounts from patients residing in other states to billing companies in those states, you would need a BA agreement with the billing services to whom you forward the accounts. ACA International, a non profit trade association for, among others, billing and health care collection agencies has extensive educational materials and an upcoming program applying HIPAA to billing services and health care collection agencies. They have some upcoming educational programs that may interest you and your counsel. Hope this helps. Leslie C. Bender ROI WebEd Company -Original Message- From: Daniel E. McDonald [mailto:[EMAIL PROTECTED] Sent: Wednesday, March 19, 2003 12:59 PM To: WEDI SNIP Privacy Workgroup List Subject: Billing Services with Contractors I wanted to get input regarding Billing Services that use contractors to perform certain services. My understanding is the Billing Service is considered a Business Associate and not a covered entity. If that is true, would the contractors working for a billing service be Business Associates of a Business Associate and would they sign a similair BA agreement as the billing service did but between them and the billing service?? I look forward to everyone's intepretation as even our attorney is a bit confused. This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 1-800-500-0175 ext 114 and permanently delete the original and any copy of any e-mail and printout thereof. --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the
authorization
If we do need an auth to disclose information to a school nurse such as immunizations or back to school note, what if the physician gives the completed form to the parent? He/she can disclose anything to the parent in the case of a minor? Would this replace the need for the authorization if we simply gave the completed form to the parent?Kelli Caiafa, MHS, NHA Regional Director Middlesex County Medical Society www.mcmsnj.org Do you Yahoo!? Yahoo! Platinum - Watch CBS' NCAA March Madness, live on your desktop! --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: psych notes
There is a difference of opinions on the list servs. Psychotherapy notes and the mental health records are two separate things. Psychotherapy notes are the psychiatrists own personal notes they keep in their office. Psychotherapy notesdonotgo into the medical record. The notes that are included in themedical record are considered mental health records, which your state law would apply. Traci Jensen, CHC Compliance Programs Manager Health Alliance Medical Plans, Inc. -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]Sent: Tuesday, March 18, 2003 3:11 PMTo: WEDI SNIP Privacy Workgroup ListSubject: psych notesOur practice is family practice. We contract in a LCSW who uses our charts for her progress notes. I understand that mental health is handled differently than that of a PCP as far as authorizations for release of info. (we need specific auth to release). I also remember reading somewhere that mental health needs to be "seperately identifiable" in the chart. Can someone help me out with this? We do not have a seperate divider in the chart for mental health however we do have the LCSW use blue progress notes. This seems reasonable to me to satisfy the "seperately identifiable". Any words of advise?Paulette OrtegaPractice AdministratorComprehensive Family Care Center2002 Lake Ave., Ste. DPueblo, CO 81004(719) 562-1122 ---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: Accounting of Disclosures
Thanks for the clarification. I was only thinking of Workers Comp in terms of "payment", and yes, I agree, any disclosures outside of payment you would need an accounting. Dee Warrington Director, HIPAA and Regulatory Compliance OAO HealthCare Solutions, Inc. 20955 Warner Center Lane Woodland Hills, CA 91367 (818) 598-6606 Fax: (818) 598-3270 [EMAIL PROTECTED] Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. -Original Message-From: Coffield, Robert L. [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 1:24 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Accounting of Disclosures I would disagree. I would think that you must account for WC disclosures that are required by state law. However, many WC disclosures will not have to be accounted for b/c they fall into the "payment" category which is an exception to the accounting rule. bob coffield ** Robert L. Coffield Flaherty, Sensabaugh Bonasso, PLLC 200 Capitol Street (P.O. Box 3843) Charleston, WV 25338-3843 (304) 347-3791 Fax: (304) 345-0260 Work Email: [EMAIL PROTECTED] *** -Original Message-From: Dee Warrington [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 12:39 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Accounting of Disclosures Jill -- Correct. You do not have to account for workers compensation disclosures. Dee Warrington Director, HIPAA and Regulatory Compliance OAO HealthCare Solutions, Inc. 20955 Warner Center Lane Woodland Hills, CA 91367 (818) 598-6606 Fax: (818) 598-3270 [EMAIL PROTECTED] Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 9:16 AMTo: WEDI SNIP Privacy Workgroup ListSubject: Re: Accounting of DisclosuresI understood that if you were disclosing PHI to worker's comp carriers for payment purposes, you would not have to include it in the accoutning of disclosures.Jill Rubin, Esq.(617)388-2404[EMAIL PROTECTED] ---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org ---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If
RE: Right to Inspect and Copy Internal Offices Notes
If the internal notes are used in whole or in part to make a decision about an individual, then they would be part of the DRS. -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 7:44 AMTo: WEDI SNIP Privacy Workgroup ListSubject: Right to Inspect and Copy Internal Offices NotesPatients have the right to inspect and copy their medical record a practice maintains in a designated record set. I understand that some offices keep internal notes of sorts (this patient is difficult, cooperative, etc.). Do patients have the right to access those as well? Are they considered part of the designated record set?Thanks as always for your helpful input.Jill Rubin---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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time.You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED]If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- 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/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
RE: NPP in Other Languages
The intent of the plain language clause pushes us to implement procedures to educate our patients about how we use and disclose their information, and consequently, we encourage our clients (covered entities) to view reading level as only one aspect. (BTW, this clause is applied to the authorizations, as well.) On Page 53241 of the Preamble to the (revised) Privacy rules HHS notes the Department continues to believe strongly that promoting individuals' understanding of privacy practices is an essential component of providing notice to individuals. Further, on Page 53219 HHS notes that the HIPAA documents must be written in plain language so individuals can read and understand its contents. And still, in its recent guidance-report, OCR says that a CE must maximize readability and clarity of the HIPAA documents. The concepts of readability and understanding are not new and pervade many (other) Federal and State laws and accreditor standards that regulate health care. In NY the NYS DOH has issued a consumer advisory that states, Translations and/or transcriptions of important hospital forms, instructions and information must be provided to you if you feel you need them, and the NYS State auditors enforce the regulations and intents. Consequently, in NYC we must provide some of our (clients') hospitals and ambulatory centers in Brooklyn with translations in Russian, translations in Chinese in Manhattan, and translations in Spanish are distributed throughout the five Burroughs; translations in Hindi will be needed in Queens. In addition to NY, a number of States have health or mental health laws that mandate patient rights activities in hospitals, nursing homes, and similar residences or institutions. And these laws usually contain the language understandable clauses regarding how we must provide information to the patient. One of the clearest examples of this language is Iowa State law (Chapter 28) for all institutions --28.4(229) Patients rights for the mentally ill: In order to preserve the patients self-respect and dignity..The patient shall be provided with complete and current information concerning patient diagnosis, treatment and progress in terms and language understandable to the patient. The JCAHO, too, is definitely NOT silent on this matter. Its Rights of Individuals standards include a statement that the Individuals served have a right to effective communication..Written information provided is appropriate to the age, understanding, and language of the individual served [and] The organization provides for interpretation (including translation services) as necessary. As a practical matter, we believe, and advise our clients accordingly, that for most hospitals it will be the JCAHO or other Accreditor, NOT OCR, that will provide the initial findings of how well the HIPAA rules have been met by the hospital. I hope that this helps. Your questions are always welcome. Matt Matthew Rosenblum Chief Operations Officer Privacy, Quality Management Regulatory Affairs CPI Directions, Inc. 10 West 15th Street, Suite 1922 New York, NY 10011 (212) 675-6367 [EMAIL PROTECTED] CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you have received this communication in error, please do not distribute it. Please notify the sender by E-Mail at the address shown and delete the original message. Thank you. AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del individuo o la entidad a la cual se dirige y puede contener información privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si usted ha recibido esta comunicación por error, por favor no lo distribuya. Favor notificar al remitente del E-Mail a la dirección mostrada y elimine el mensaje original. Gracias. -Original Message- From: Charles H. Thulin [mailto:[EMAIL PROTECTED] Sent: Tuesday, March 18, 2003 8:10 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: NPP in Other Languages John, I don't agree that the plain language requirement of the privacy regulations requires translation of the NPP into other languages. In its discussion of the plain language requirement in the preamble to the final privacy regulations DHHS notes that Title VI of the Civil Rights Act -- a separate statute -- generally requires entities that receive Federal financial assistance to provide material ordinarily distributed to the public in the primary languages of persons with limited English proficiency in the recipients' service areas, 65 Fed.Reg. 82461, 82549 (December 28, 2000), thereby creating an obligation in some cases -- for entities that are subject to Title VI -- to provide the HIPAA notice in non-English languages. Employer group health plans, for example, aren't subject to Title VI (they don't receive Federal
