Interesting approach. Might it be a concern that however useful they might be, if the notes contain Protected Health Information, they deserve (and I think legally must have) the protections outlined under HIPAA? I know of nothing in the regs that says only PHI with wide utility must be protected.
Licensing activities are included in health care operations and health care
operations do not have to be tracked for accounting of disclosures. I am
just going by the regulations. I don't think that that is stretching it.
Thanks.
Molly Shek, MS, RHIA
-Original
Molly,
Yes, the survey is for licensing, except in the case when a survey is
conducted in response to a complaint received by the DIA. LTC Ombudsman may
also respond to complaints, and have access to resident records.
Is the thought that since perhaps it is a licensing activity (the survey is
re
Bob,
My understanding from various published items as well as from some statements
that were part of well-respected individuals’ presentations is that to qualify
as and be defined as ‘psychotherapy notes’, and to therefore enjoy greater
protection from access/disclosure, the notes must
Cheri,
I appreciate
your response and feedback. Based upon conversations with a limited number of
mental health providers I have reached much of the same conclusion on the extent
to which these notes are created. My read of the regulations is that it may
give mental health providers the abil
Rachel,
Since Leah and Dean already responded to the first part of your question
I'll just address the last part. Yes, 'wrongful' disclosures must be
included in an accounting.
Cheri
-Original Message-
From: rachelmcass [mailto:[EMAIL PROTECTED]
Sent: Wednesday, April 02, 2003
Title: RE: Heatlh Insurance
If you contract with a insurance carrier or HMO to provide your employees insurance on a fully-insured basis AND you are only receiving eligibility, enrollment, disenrollment information or summary information that does not identify a member, then you do not need to
Based on
an informal poll it appears most psych professionals do not create or maintain
the sorts of notes that are defined by HIPAA as “psychotherapy notes”.
The HIPAA
exception evidently arose out of requests for special protection by those few
professionals who do create such notes.
N
We received a legal opinion regarding Organized Health Care Arrangements
(OHCA's) that I want some feedback on:
We have doctors/psychiatrists/psychologists that are independent
contractors. They come on site, do physicals, assessments, etc We have
considered them to be a part of our workforce
It depends on whether the health and dental benefits are insured or
self-funded, and on whether the plan receives anything more than summary
health information (and enrollment/disenrollment info) from an insurer.
164.520(a)(2) addresses it.
(i)(A): the plan has to distribute it if the benefits
Dean,
If the health oversight activity is part of licensing requirements, would
that be considered health care operations? This is specified in 164.501
under the definition of Health Care Operations.
Molly
Molly Shek, MS, RHIA
Privacy Practices Office
-
Here I thought we were doing well and on track for April 14th, but an
interesting read last evening...I suppose it can never be easy. Can some
offer some clarification?
We provide Health and Dental insurance benefits (percentage of for full and
part-time) to our employees. I had understood that
In
regs 164.520 it states "No later than the date of the first service delivery, including service
delivered electronically, to such
individual after the compliance date for
the covered health care
provider; So it is a combo of the
two of them. Receive NPP and sign acknowledgement no lat
As the countdown decreases the questions increase.
For current patients, which of these options is best/right:
receive NPP and sign acknowledgement at first service delivery after
4/14/03
receive NPP and acknowledgement to sign and return on or before
4/14/03
I am trying to figure
Rachel:
I believe your thinking is correct. I attended the Regional HIPAA
Conference sponsored by DHHS in Atlanta. A somewhat similar question was
posed at that meeting, DHHS opined that you would need to account for such a
disclosure. In fact Linda Sanches who presented the material on "Indivi
Rachel,
164.501 The definition for Health care operations (2) states that it
includes "...accreditation, certification, licensing, or credentialing
activities..."
Was the state Department of Inspections and Appeals conducting the survey
for licensing purposes?
Molly
Molly Shek, MS,
You are correct. The rule requires accounting for all disclosures,
except those disclosures included in the exclusions list at 164.528.
Generally what is left after you exclude those, is "public purpose
disclosures" (generally the 164.512 disclosures) and disclosures made in
error. This has been
I attended education yesterday for nursing facility providers, in which a
representative of the state's Department of Inspections and Appeals - our
health oversight agency in Iowa for nursing facilities - stated that
facilities do not need to account for disclosures made to them during a
survey. A
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