Thanking a patient for a referral
I thought Id tell the group the opinion I formed regarding this issue in the event it may help others. I thank everyone for their input. I decided that the opportunity to agree or object did not apply in this area because that is reserved for family and friends involved in the patients care. Just because you referred someone to your doctor doesnt make you involved in the persons care. Then, I got to thinking that this referral program could be considered a marketing program on the part of the doctor in an effort to get more referrals. Basically, it is a disclosure that doesnt fit into any of the exceptions I know of, therefore. This disclosure simply isnt allowed without an authorization. Once I came to that realization, I knew the NPP was completely out of the question. The NPP is designed to inform a patient about allowed disclosures, not take the place of an authorization. In some cases, putting the opportunity to agree or object in a NPP is appropriate if there is a specific mechanism to allow the agreement or objection to be noted above, beyond and separate from the receipt of NPP acknowledgement. So, all this confirmed my opinion all alongyes, take the name off the card. That is the ONLY option, other than dropping the program. Its the simplest thing to do. De-identify. I never saw this as a privacy mantra before, but I certainly do now. There may need to be some additional steps to keep people from deducing the identity of the referral. (One can refer a friend today and get a thank you note tomorrow, or a thank you note once a month.) Im thinking this is the stage where someone saysis all this really necessary? I say yes. News travels fast whether it is good or bad and seeing a doctor is always news. These are just my personal opinions and I am not a lawyer, so take it all with a grain of salt or aspirin as the case may be! Catherine Lohmeier Implementations Project Lead OD Professional Team 888.621.5751 x 15 402.423.6509 x 15 --- 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
Use of the Privacy Notice
I need opinions on whether or not one can use the Privacy Notice acknowledgment as evidence of agreement to the disclosures listed in 164.510 (Facility directory-disclosure to family and friends) if those disclosures are listed in the Notice. Catherine Lohmeier Implementations Project Lead OD Professional Team 888.621.5751 x 15 402.423.6509 x 15 --- 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
Thanking a patient for a referral
I would appreciate any opinions on this one. Please use citations if you have them since that will help me document any decisions we make. Scenario: Patient A refers their friend Patient B to his/her doctor. Patient B goes to that doctor. The doctor wants to thank Patient A for the referral and sends a note saying Thank you for referring Patient B to my office and that is the extent of it My first take on this is that it is not a disclosure of PHI, which therefore is not affected by HIPAA. Patient A already has Patient Bs name, otherwise how could there be a referral. But, I can also see that once Patient B has seen the doctor the connection of Patient Bs name with having seen the doctor becomes PHI. a) Would this be a disclosure that Patient B should be given the opportunity to agree or object to? It seems that would cover it without having to do a formal authorization. This is what I am leaning toward. b) Should a formal authorization be required? Seems overkill. c) Should the Thank you be sent without identifying anyone? This could work though it may not be as effective. d) Should the program be dropped? Again, this seems unnecessary. Any other opinions? Is there an OCR guideline that addresses something like this? Thanks in advance for any replies. Catherine Lohmeier Implementations Project Lead OD Professional Team 888.621.5751 x 15 402.423.6509 x 15 --- 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: Questions in regard to Security/Privacy
I don't see these POS terminals being affected by HIPAA if in fact they are doing a financial transaction...ie patient is making a payment for services rendered(paying the co-pay with a credit card). Now, there is a network of POS terminals that do eligibility checks and referrals etc..these terminals are conducting transactions for which a standard has been defined and are therefore subject to the HIPAA TCS rule. The use of these POS terminals qualify the provider as a Covered Entity which in turn makes the provider subject to the Privacy and Security Rule. Any other opinions or observations? CL Original Message From: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Subject: RE: Questions in regard to Security/Privacy Date: Thu, 27 Feb 2003 09:52:59 -0800 I would like to know how the privacy security act under HIPAA will impact our current systems today? I support POS card/swipe machines that dialup (via an async/sync modem) over the public telephone system into a server that is connected to a private network. These machines (terminals) are located through out the USA in Provider offices, clinics and hospitals. The dialup protocol (VISA) is the same protocol that the financial processors use today doing credit/debit transactions. Are there any issues that I need to be concerned about from the terminal point of view? The second part of my question, I would like to know how the privacy security act under HIPAA will impact POS card/swipe machines that dialup (via an async/sync modem) over the public telephone system into a ISP that is connected to the Internet. These machines (terminals) are located through out the USA in Provider offices, clinics and hospitals. The dialup protocol will be either VISA or PPP (Point-to Point). Are there any issues that I need to be concerned about from the terminal point of view? --- 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 Catherine Lohmeier Sr. Business Consultant PCI: e-commerce for healthcare ph. 402-304-1918 www.hipaasurvival.com --- 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
PHI and Divorced Parents
Can PHI concerning a minor child be release to both parents even though they are divorced? Excluding the circumstances of individual state law that allows minor children to receive some medical services without notifying parents, I say yes both parents though divorced can receive PHI about their children as HIPAA does not designate the custodial parent as the sole personal representative of a minor child. Any flaws in my logic? Catherine Lohmeier Sr. Business Consultant PCI: e-commerce for healthcare ph. 402-304-1918 www.hipaasurvival.com --- 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: archive@mail-archive.com 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: Any HIPAA Humor tools out there?
Also, for what it's worthit's a bit dated but you might be able to punch it up... I saw a newspaper cartoon of a doctor talking to a patient...the patient had a horrified look on her facethe caption was the doctor saying...did I have your medical records sent over? Heck no, I just downloaded them from Napster. Catherine Lohmeier Sr. Business Consultant PCI: e-commerce for healthcare ph. 402-304-1918 www.hipaasurvival.com --- 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: archive@mail-archive.com 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
