RE: Attorney Authorization
If the attorney is providing an authorization, the minimum necessary rule does not apply. If the attorney is a business associate of the CE, then no authorization is required because legal services are health care operations. In addition, the CE may rely upon their own professional's representation that the entire medical record is necessary to carry out their duties as being the minimum necessary. Jud Gerald Jud E. DeLoss, Esq. Barnwell Whaley Patterson Helms, LLC 885 Island Park Drive Post Office Drawer H (29402) Charleston, SC 29492 Telephone (843) 577-7700 Direct (843) 329-5313 Facsimile (843) 577-7708 [EMAIL PROTECTED] mailto:[EMAIL PROTECTED] The information contained in this message may be privileged and/or confidential and protected from disclosure. If the reader of this message is not the intended recipient or agent responsible for delivering this message to the 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 the sender immediately and delete all copies of the material. -Original Message- From: Thomas Johnson [mailto:[EMAIL PROTECTED] Sent: Monday, March 17, 2003 2:23 PM To: WEDI SNIP Privacy Workgroup List Subject: Attorney Authorization Wondering how Ce's will be treating a general authorization by attorneys to release medical information and/or records, especially if some info not pertinent/exceeded minimum necessary standard pertaining to the matter that the attorney is representing the insured for? Thomas L. Johnson Vice President, External Affairs and Compliance D.C. Chartered Health Plan 820 First Street, N.E. Suite LL100 Washington, DC 20002 (p) 202-408-2034 (f) 202-408-0838 STATEMENT OF CONFIDENTIALITY The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately and destroy all copies of this message and any attachments. --- 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: EMS and the NPP
Yes, the Preamble states that in emergency situations the EMS must still provide the NPP as soon as reasonably practicable after the emergency and that the EMS must provide the NPP and make a good faith effort to obtain written acknowledgment at the time of transportation in non-emergency cases. The Preamble that you cite directly contradicts your prior statement. Is there something I am missing? Jud -Original Message- From: William Gateland [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 8:37 PM To: Gerald E. DeLoss; WEDI SNIP Privacy Workgroup List Subject: RE: EMS and the NPP Check out Aug 14, 02 Final Rule, pg 53242 where it talks about ambulance services. --- Gerald E. DeLoss [EMAIL PROTECTED] wrote: What specific section of the rule do you base this on? I disagree. Jud Gerald Jud E. DeLoss, Esq. Barnwell Whaley Patterson Helms, LLC 885 Island Park Drive Post Office Drawer H (29402) Charleston, SC 29492 Telephone (843) 577-7700 Direct (843) 329-5313 Facsimile (843) 577-7708 [EMAIL PROTECTED] mailto:[EMAIL PROTECTED] The information contained in this message may be privileged and/or confidential and protected from disclosure. If the reader of this message is not the intended recipient or agent responsible for delivering this message to the 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 the sender immediately and delete all copies of the material. -Original Message- From: William Gateland [mailto:[EMAIL PROTECTED]] Sent: Thursday, January 23, 2003 8:05 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: EMS and the NPP Forget all this talk about layered notice or full notice. The EMS does not have to carry NPP's or give them out per the rule. Bodhitaro1 --- Dee Warrington [EMAIL PROTECTED] wrote: Spencer, Donald is correct. Members/patients must receive the whole document -- even if covered entities choose to create a layered notice. It is simply an executive summary for the members/patients. 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] -Original Message- From: Ribelin, Donald [mailto:[EMAIL PROTECTED]] Sent: Thursday, January 23, 2003 8:55 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: EMS and the NPP Spencer, this is not how I read this provision. I believe you must provide the entire NPP, not just part of it. IMHO, the layer is simply a bulleted cover sheet that is meant to assist the patient in better understanding their rights. Donald L. Ribelin HIPAA Project Manager Firsthealth of the Carolinas (910) 215-2668 [EMAIL PROTECTED] -Original Message- From: Spencer Hall [mailto:[EMAIL PROTECTED]] Sent: Thursday, January 23, 2003 10:33 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: EMS and the NPP The recent guidance allows for a layered NPP - you can provide your customers with a shot form and then provide the long form if it is requested. Spencer D. Hall Health Information Security Officer St. Vincent's (904) 308-7029 [EMAIL PROTECTED] Ribelin, Donald [EMAIL PROTECTED] 01/23/03 07:56AM Chris, thanks for the feedback. Biggest problem, our NPP is five pages (front and back) long. Attaching it becomes an issue secondary to its bulk. Good point about 911 calls. We are less worried about them. Donald L. Ribelin HIPAA Project Manager Firsthealth of the Carolinas (910) 215-2668 [EMAIL PROTECTED] -Original Message- From: Chris Brancato [mailto:[EMAIL PROTECTED]] Sent: Wednesday, January 22, 2003 10:20 AM To: Ribelin, Donald; WEDI SNIP Privacy Workgroup List Subject: RE: EMS and the NPP Don, I consult with some of the nations largest Fire/EMS departments for HIPAA. I advise several different ways. Non-transports require a treat and release signature from a patient. A copy of NPP can be printed on the back or separately, but they should make a reasonable attempt to provide the NPP. What you don't say is how they are activated. If they are activated via 911, this is an emergency response, not requiring an NPP as the call is emergency, not routine, in nature. I also advise departments that do the billing to include the NPP in the billing statement, just like the Credit Card companies do. Hope that helps. Chris Brancato -Original Message- From: Ribelin, Donald [mailto:[EMAIL PROTECTED]] Sent: Tuesday, January 21, 2003 8:03 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: EMS and the NPP An interesting
RE: Is HIPAA Individually Liable?
The Privacy Rule does not provide a private right of action, it only provides for the civil and criminal penalties to be imposed by the government. However, a clever plaintiff's attorney could craft an argument that the violation of the HIPAA Privacy Rule is evidence that the Covered Entity was negligent (negligence per se) by violating the Rule. This would be a way in which an attorney could sue for damages. As a disclaimer, I do not represent plaintiffs, I represent Covered Entities, so there might be other crafty arguments of which I am not aware. Jud DeLoss Gerald Jud E. DeLoss, Esq. Barnwell Whaley Patterson Helms, LLC 885 Island Park Drive Post Office Drawer H (29402) Charleston, SC 29492 Telephone (843) 577-7700 Direct (843) 329-5313 Facsimile (843) 577-7708 [EMAIL PROTECTED] mailto:[EMAIL PROTECTED] The information contained in this message may be privileged and/or confidential and protected from disclosure. If the reader of this message is not the intended recipient or agent responsible for delivering this message to the 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 the sender immediately and delete all copies of the material. -Original Message- From: Nancy Jones [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 12:40 PM To: WEDI SNIP Privacy Workgroup List Subject: Re: Is HIPAA Individually Liable? I would like to add to this question . . . I have been to several HIPAA workshops, each taught by a different attorney or team of attorneys. One group will tell you that the entity can't be sued for damages if a HIPAA violation occurs . . . . that sanctions from the OCR is punishment enough for the covered entity and that patients may not expect damages. Others have said that plaintiff's attorneys are circling like buzzards and buying the back covers of telephone books all over America with the big question . . HAS YOUR MEDICAL PRIVACY BEEN VIOLATED? I havent' gotten a straight answer yet! And now I hear that THIPAA - the Texas version of HIPAA that goes in to effect in 9/03 not only allows the entity to be sued, but the individual can be held personally liable. I am a patient advocate and believe in the fundamental principals of protecting health information, but this is really getting out of hand. Patricia Conroe wrote: I apologize if this is listed somewhere real obvious, but I was wondering if there was a definite answer as to who's liable when HIPAA has been violated? In a hospital situation, if HIPAA's violated and jail time and fines are distributed who gets that fun time? Is it the CEO, the Privacy Officer, the employee who violated the rule, all of the above, etc? Thank you! --- 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: 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: EMS and the NPP
The only problem is that the "short" notice must contain all of the elements set forth in the rule, which will still take up quite a bit of space. Also, you still need to provide the "long" form NPP to the patient, you cannot wait for a request to do so. Technically, you are to provide both forms to the patient at the same time. Thanks, Jud Gerald "Jud" E. DeLoss, Esq. Barnwell Whaley Patterson Helms, LLC885 Island Park DrivePost OfficeDrawer H (29402)Charleston, SC 29492 Telephone (843) 577-7700Direct (843) 329-5313Facsimile (843) 577-7708[EMAIL PROTECTED] The information contained in this message may be privileged and/or confidential and protected from disclosure. If the reader of this message is not the intended recipient or agent responsible for delivering this message to the 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 the sender immediately and delete all copies ofthe material. -Original Message-From: Spencer Hall [mailto:[EMAIL PROTECTED]]Sent: Thursday, January 23, 2003 10:33 AMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: EMS and the NPP The recent guidance allows for a "layered" NPP - you can provide your customers with a shot form and then provide the long form if it is requested. Spencer D. Hall Health Information Security Officer St. Vincent's (904) 308-7029 [EMAIL PROTECTED] "Ribelin, Donald" [EMAIL PROTECTED] 01/23/03 07:56AM Chris, thanks for the feedback. Biggest problem, our NPP is five pages (front and back) long. Attaching it becomes an issue secondary to its bulk. Good point about 911 calls. We are less worried about them. Donald L. Ribelin HIPAA Project Manager Firsthealth of the Carolinas (910) 215-2668 [EMAIL PROTECTED] -Original Message-From: Chris Brancato [mailto:[EMAIL PROTECTED]]Sent: Wednesday, January 22, 2003 10:20 AMTo: Ribelin, Donald; WEDI SNIP Privacy Workgroup ListSubject: RE: EMS and the NPP Don, I consult with some of the nations largest Fire/EMS departments for HIPAA. I advise several different ways. Non-transports require a treat and release signature from a patient. A copy of NPP can be printed on the back or separately, but they should make a "reasonable attempt" to provide the NPP. What you don't say is how they are activated. If they are activated via 911, this is an emergency response, not requiring an NPP as the call is emergency, not routine, in nature. I also advise departments that do the billing to include the NPP in the billing statement, just like the Credit Card companies do. Hope that helps. Chris Brancato -Original Message-From: Ribelin, Donald [mailto:[EMAIL PROTECTED]]Sent: Tuesday, January 21, 2003 8:03 AMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: EMS and the NPP An interesting question from our EMS HIPAA rep yesterday: When EMS treats and transports an accident victim to another hospital (one not part of our enterprise), should we give them a copy of our NPP? One of the underlying issues centers on our management of EMS in several counties. While most of the patients involved end up at FirstHealth facilities (where they would receive a copy of the NPP once their condition allowed), a significant minority are transported to other hospitals. On first look my response is that the receiving facility would be responsible for providing the patient with a copy of their NPP. But is that the case? I would like the group's comments, opinions and citations re: the whole ems issue. I am also looking forward to OCR's clarifications on these issues. Donald L. Ribelin HIPAA Project Manager Firsthealth of the Carolinas (910) 215-2668 [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
RE: Consulting fees
I'm no antitrust expert, but there might be antitrust problems with this. If anyone else out there has a different opinion, please let me know. Jud DeLoss -Original Message- From: Debby Bartow [mailto:[EMAIL PROTECTED]] Sent: Friday, January 10, 2003 9:35 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: Consulting fees I would be very interested in the answer to this question as well. Debby Bartow Tobin Associates, Inc. www.TobinIT.com [EMAIL PROTECTED] 585.586.2103 x3040 -Original Message- From: Rebekah Savoie [mailto:[EMAIL PROTECTED]] Sent: Thursday, January 09, 2003 8:37 PM To: WEDI SNIP Privacy Workgroup List Subject: Consulting fees What are HIPAA consultants charging these days I need something to compare to --- 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 --- 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
