RE: business associate - yes or no?

2003-11-10 Thread Huber, Cheri
I tend to agree, Rachel, that on its face the relationship described by Wendy meets the definition of a BA relationship. However, I must point out that (my recollection of) the Rule as well as language from both the Preamble and subsequent guidances refer to business associate activities as being

RE: HTML_Format: Federal Register Table of Contents

2003-04-19 Thread Huber, Cheri
Title: Federal Register Contents, Thursday, April 17, 2003 Go to: http://aspe.os.dhhs.gov/admnsimp/ and check out the way DHHS spelled HIPAA when they posted the enforcement rule to their own website. -Original Message-From: Price, Carolyn [mailto:[EMAIL PROTECTED]Sent: Thursday

RE: Psychotherapy Notes

2003-04-05 Thread Huber, Cheri
jo 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: Huber, Cheri [mailto:[EMAIL PROTECTED] Sent: Wednesda

RE: Malpractice and HIPAA

2003-04-04 Thread Huber, Cheri
Take a look at 164.508(a)(2)(i)(C).   -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Friday, April 04, 2003 1:54 PM To: WEDI SNIP Privacy Workgroup List Cc: [EMAIL PROTECTED] Subject: Malpractice and HIPAA   If a dr. is sued by a patient, can the dr.

RE: 10 Days to go, don't bother opening if you don't want a good laugh

2003-04-04 Thread Huber, Cheri
Except for the EMTALA ramifications it sounds like the ideal solution.   -Original Message- From: Boyer, John (EOM) [mailto:[EMAIL PROTECTED] Sent: Friday, April 04, 2003 11:05 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: 10 Days to go, don't bother opening if you don't w

RE: OCHA Agreement

2003-04-04 Thread Huber, Cheri
Unless there's some new animal out there I've not yet heard of it might yield more results to request a sample OHCA agreement. Just a thought. -Original Message- From: rachelmcass [mailto:[EMAIL PROTECTED] Sent: Friday, April 04, 2003 9:59 AM To: WEDI SNIP Privacy Workgroup List

RE: Psychotherapy Notes

2003-04-02 Thread Huber, Cheri
. 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: Huber, C

RE: Accounting for Disclosures, and Health Oversight

2003-04-02 Thread Huber, Cheri
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

RE: Psychotherapy Notes

2003-04-02 Thread Huber, Cheri
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

RE: Patient Phone Calls and NPP

2003-03-27 Thread Huber, Cheri
If you are going to include the contact information in your NPP you must use the address and telephone number for your regional OCR office. and since I don't know where you are located I can't say specifically but the details are on pages 13711-12 of the Federal Register. Note, however, that you a

RE: psych notes

2003-03-25 Thread Huber, Cheri
Contrary laws that are either more stringent with regard to protection of privacy OR grant more rights to the individual will preempt the HIPAA Privacy Rule which merely sets a minimum federal standard - or floor - with regard to medical information privacy. See 45 CFR 160 Part B - Preemption of S

RE: Address for Filing Complaints

2003-03-21 Thread Huber, Cheri
I agree, Deborah.  I believe this was merely an informational publishing on the part of DHHS.  Covered entities are not, in the absence of instruction by DHHS to do so, required to provide our patients with this information.  However, in my organization we do plan to provide the address if

RE: PRIVACY: BA Agreements

2003-03-13 Thread Huber, Cheri
Title: PRIVACY: BA Agreements Deborah,   Attached is the BA Agreement we are using with our contract vendors, as well as with those vendors who are on a fee-for-service basis, when the service meets the definition of a BA activity.  For those with whom we have an existing contract, (Pr

RE: Unlocked charts

2003-03-07 Thread Huber, Cheri
ity and Compliance Coordinator Catawba County Health Department 828-695-5847   -----Original Message- From: Huber, Cheri [mailto:[EMAIL PROTECTED] Sent: Friday, March 07, 2003 3:27 PM To: Cindi Bowman; WEDI SNIP Privacy Workgroup List Subject: RE: Unlocked charts Cindi,  I must respec

RE: Unlocked charts

2003-03-07 Thread Huber, Cheri
Title: Message Cindi,  I must respectfully disagree with yours and Joanne’s positions and suggest that perhaps Ms. Sanchez’s comments were ambiguous enough as to permit a misunderstanding. In support of my opinion that a business associate contract is not required with a janitorial service n

RE: EMS and the NPP

2003-01-23 Thread Huber, Cheri
IMHO, also.   -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