RE: Costs
--- You are currently subscribed to wedi-privacy as: archive@jab.org 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 --- Many States have laws which offer guidelines regarding what you can charge a patient for copies of records. Physicians and hospitals have dealt with this for years. Check your state's record laws or check with some of your key providers. -Original Message-From: Judy Titera [mailto:[EMAIL PROTECTED]]Sent: Monday, October 21, 2002 9:54 AMTo: WEDI SNIP Privacy Workgroup ListSubject: Costs---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--- Is anyone willing to share what they are considering for their coping charges under Access? Thank you,Judy TiteraFortis Health [EMAIL PROTECTED] 10/20/02 09:41AM ---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---Bradley;I am doing HIPAA consulting with a nursing home, and have made up someof my own tools, but I would very much like to see yours. I could sendyou some of mine if you would want to see them.Thanks,BruceAll outgoing e-mail checked by Norton AntivirusBruce BradiganQuality Systems Consulting63 Redmond RdBarneveld NY 13304315.896.4821 (office/fax)315.542.4070 (cell/pager) -Original Message- From: bradley kiser [mailto:[EMAIL PROTECTED]] Sent: Thursday, October 17, 2002 6:47 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: "Appropriate" physical safeguards --- 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 --- I have several "tool kits" that assist in privacy, security and EDI. My only requirement is that they not be used for commercial purposes. I am also considering in completing an accounting of disclosures program that I will share. I will supply the source code but would like input on the various "elements" that you would like to see included. My only requirement is that it can not be used for commercial purposes (sold) Bradley T Kiser 317 862-4434-Original Message- From: Noel Chang [mailto:[EMAIL PROTECTED]] Sent: Thursday, October 17, 2002 10:41 AM To: WEDI SNIP Privacy Workgroup List Subject: "Appropriate" physical safeguards --- 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 --- I would be interested in hearing from people who deal with solo practitioners or small group practices, what are some of the issues you are having to address in the doctor's office to ensure that "appropriate" physical safeguards are provided (section 164.530(c)). Let's ignore the administrative and technical safeguards for now. For example: At the check in window, is a sliding, frosted glass, window always necessary? As long as computer terminals are not visible, nor any other PHI, I say no. Are lockable doors necessary at every point that you do not intend non-office personnel to access? Many offices I have seen have a door that separate the waiting room from the rest of the office. Once you are in the exam area, however, you can move freely (without any keys or combinations) from the exam room to the insurance desk, to medical records area, to the referrals area, etc. I would say it is pretty obvious that these areas are not intended for
RE: Costs
--- You are currently subscribed to wedi-privacy as: archive@jab.org 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 --- There is an article in this month's AHIMA Newsletter regarding this topic. It basically notes HIPAA's privacy rule, section 164.524, addresses a covered entity's right to charge fees for copies of PHI. It should be noted that reference to record copy fees is within the patient rights section and covers an individual's right to reasonable, cost-based fees for copies or for a summary when agreed upon ahead of time. The rule is specific on the elements used to calculate the reasonable fee: copying (includes cost of supplies); postage; and summary preparation. Organizations that waive fees for patients personal use may find the regulations to have a minimal impact. State regulations continue to provide the most specific guidelines. Leslie Street Privacy Specialist Mountain States Health Alliance -Original Message- From: Pat Bale [mailto:patbale;alltel.net] Sent: Monday, October 21, 2002 2:36 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: Costs --- 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 --- Please note that the first copy is provided free to the patient, which takes care of the reasonableness and cost-based issue. So the $1 per page should only apply to any additional entities that the patient has requested copies be sent to. Thanks. Pat Bale, MHA 466 West Third Street Lexington, KY 40508 tel. fax: 859.254.0183 email: [EMAIL PROTECTED] -Original Message- From: Leah Hole-Curry [mailto:Leah.Hole-Curry;foxsys.com] Sent: Monday, October 21, 2002 12:49 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: Costs --- 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 --- As a previous post indicated, HIPAA requires that a fee charged to an individual requesting copies of thier own record be reasonable and cost based. 164.524(c) Note that the fees charged to anyone other than the individual are not governed by this rule. So, for the reasonable side of it - a state law rate or benchmarked rate may show reasonableness, but also keep in mind that you Must show that it is cost based. So even though a state law allows you to charge $1.00 per page, if it isn't cost based, it is not HIPAA compliant. (cost can only include actual cost of supplies and labor for copying (no labor charge for serach, retrieval, processing of request etc. and postage if it is requested to be mailed). The purpose is to ensure the individual has access to the record (see comments at 82557) and the comments specifically encourage covered entities to limit the fee so that is it within reach of all individuals p.82557. Note that HIPAA would probably supercede state law with respect to copy fees to the individual given the contrary and more stringent definitions. Regards, In Kentucky, the statutes say that a provider may assess a patient up to $1 a page, after providing the first copy free. We have done that in the past and will continue with the $1 page per copy. --- Judy -- I think that your best bet may be to use the same charge that you make for copies under ERISA which is capped a 25 cents per copy under the current DoL rule. HHS follows the DoL approach to copying costs and you should have a benchmark. This is what I am advising my clients. Best regards, Dave Ermer Gordon Barnett 1133 21st St., NW, Suite 450 Washington, DC 20036 202-833-3400 ext 3009 (voice) 202-223-0120 (fax) www.gordon-barnett.com Leah Hole-Curry, JD FOX Systems, Inc. 602.708.1045 Information transmitted is confidential and may be proprietary to FOX Systems, Inc. It is intended only for the person or entity to which it is addressed. Anyone else is prohibited from disclosing, copying, or disseminating the contents or attachments. If you receive this in error, please notify sender immediately, or us at www.foxsys.com and delete from your system. [EMAIL PROTECTED] 10/21/02 10:53AM --- You are currently subscribed to wedi-privacy
RE: Costs
--- You are currently subscribed to wedi-privacy as: archive@jab.org 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 is a multi-part message in MIME format. I agree with Pat here. Your state law is your reference point since the federal law does not specify an amount. If the feds think you are charging too much, tell them to take it up with your state's general assembly! Jeff Carswell Affiliated Sante Group -Original Message- From: Pat Bale [mailto:patbale;alltel.net] Sent: Mon 10/21/2002 12:21 PM To: WEDI SNIP Privacy Workgroup List Cc: Subject: RE: Costs --- 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 --- In Kentucky, the statutes say that a provider may assess a patient up to $1 a page, after providing the first copy free. We have done that in the past and will continue with the $1 page per copy. Pat Bale, MHA 466 West Third Street Lexington, KY 40508 tel. fax: 859.254.0183 email: [EMAIL PROTECTED] -Original Message- From: David Ermer [mailto:dermer;gordon-barnett.com] Sent: Monday, October 21, 2002 11:34 AM To: WEDI SNIP Privacy Workgroup List Subject: Re: Costs --- 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 --- Judy -- I think that your best bet may be to use the same charge that you make for copies under ERISA which is capped a 25 cents per copy under the current DoL rule. HHS follows the DoL approach to copying costs and you should have a benchmark. This is what I am advising my clients. Best regards, Dave Ermer Gordon Barnett 1133 21st St., NW, Suite 450 Washington, DC 20036 202-833-3400 ext 3009 (voice) 202-223-0120 (fax) www.gordon-barnett.com [EMAIL PROTECTED] 10/21/02 10:53AM --- 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 --- Is anyone willing to share what they are considering for their coping charges under Access? Thank you, Judy Titera Fortis Health [EMAIL PROTECTED] 10/20/02 09:41AM --- 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 --- Bradley; I am doing HIPAA consulting with a nursing home, and have made up some of my own tools, but I would very much like to see yours. I could send you some of mine if you would want to see them. Thanks, Bruce All outgoing e-mail checked by Norton Antivirus Bruce Bradigan Quality Systems Consulting 63 Redmond Rd Barneveld NY 13304 315.896.4821 (office/fax) 315.542.4070 (cell/pager) -Original Message- From: bradley kiser [mailto:bkiser
Re: Costs
--- You are currently subscribed to wedi-privacy as: archive@jab.org 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 --- Judy -- I think that your best bet may be to use the same charge that you make for copies under ERISA which is capped a 25 cents per copy under the current DoL rule. HHS follows the DoL approach to copying costs and you should have a benchmark. This is what I am advising my clients. Best regards, Dave Ermer Gordon Barnett 1133 21st St., NW, Suite 450 Washington, DC 20036 202-833-3400 ext 3009 (voice) 202-223-0120 (fax) www.gordon-barnett.com [EMAIL PROTECTED] 10/21/02 10:53AM --- 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 --- Is anyone willing to share what they are considering for their coping charges under Access? Thank you, Judy Titera Fortis Health [EMAIL PROTECTED] 10/20/02 09:41AM --- 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 --- Bradley; I am doing HIPAA consulting with a nursing home, and have made up some of my own tools, but I would very much like to see yours. I could send you some of mine if you would want to see them. Thanks, Bruce All outgoing e-mail checked by Norton Antivirus Bruce Bradigan Quality Systems Consulting 63 Redmond Rd Barneveld NY 13304 315.896.4821 (office/fax) 315.542.4070 (cell/pager) -Original Message- From: bradley kiser [mailto:bkiser;healthbms.com] Sent: Thursday, October 17, 2002 6:47 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: Appropriate physical safeguards --- 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 --- I have several tool kits that assist in privacy, security and EDI. My only requirement is that they not be used for commercial purposes. I am also considering in completing an accounting of disclosures program that I will share. I will supply the source code but would like input on the various elements that you would like to see included. My only requirement is that it can not be used for commercial purposes (sold) Bradley T Kiser 317 862-4434 -Original Message- From: Noel Chang [mailto:nchang;integralps.com] Sent: Thursday, October 17, 2002 10:41 AM To: WEDI SNIP Privacy Workgroup List Subject: Appropriate physical safeguards --- 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 --- I would be interested in hearing from people who deal with solo practitioners or small group practices, what are some of the issues you are having to address in the doctor's office to ensure that appropriate physical safeguards are provided (section 164.530(c)). Let's ignore the administrative and technical safeguards for now. For example: At the check in window, is a sliding, frosted glass, window always necessary? As long as computer terminals are not visible, nor any other PHI, I say no. Are lockable doors necessary at every point that you do not intend non-office personnel to access? Many offices I have seen have a door that separate the waiting room from the rest of the office. Once you are in the exam area, however, you can move freely (without any keys or combinations) from the exam room to the insurance desk, to medical records area, to the referrals area, etc. I would say it is pretty obvious that these areas are not intended for patients to
