John,
Under HIPAA, a pharmacist’s job is
to provide direct treatment services and to use and disclose related PHI in
accordance with the privacy, security and TCS rules. So if a pharmacist needs
to consult with other CE’s in the neighbor (or to contact government
offficials) to pro
Hate
to say it, but I disagree: Under HIPAA a pharmacist's job is to establish and
comply with certain policies for privacy, security and electronic claims
processing. It is a pharmacist's *professional* obligation to avoid (or
mitigate) harm to individuals, and HIPAA is not intended to *int
At our hospital we are stating the following in training:
"Our general policy would be to not give information out over the phone
except to the patient. However, in certain clinics and inpatient units,
staff will be familiar with the caller and with the patient's usual wishes.
Staff will be able t
Tim,
I must respectfully disagree with your
fundamental analysis of this scenario. Pharmacists (chemists) have, for
more than 2000 years, been part of a triad (including physicians and nurses)
engaged in an on-going clinical (NOT business) practice of ensuring that the
correct medicati
Tim,
I must respectfullly disagree with your fundamental
analysis of this scenario. Pharmacists (chemists) have, for more than 2000
years, been part of a triad (including physicians and nurses) engaged in an
on-going clinical (NOT business) practice of ensuring that the correct
medi
The
magnitude of the crime does not trigger a change in legal treatment. 45 CFR
164.512(f)(5) permits CEs to disclose PHI to law enforcement if the CE
"believes in good faith constitutes evidence of criminal conduct that occurred
on the premises of the covered entity," and sub (6) permits pr
John:
Thank you so much for your detailed reply, though I am afraid I do not concur with your answer. The point in discussion was an obvious abuse of the system; any other drug would not detain the wrath of the law BUT NARCOTICS DOES.
Reference to rights was only associated with this particular cr
Fairley,
I believe that leaving the "message" (in your scenario, below) would be a
HIPAA-sanctioned disclosure if the nurse has evidence that the spouse is:
The Personal Representative of the subject of the PHI, or
Participating in the patient's treatment
Otherwise, probably not. Furthe
Very
true, there does seem to be a trend toward federal agencies assuming the legal
discretion to suspend or eliminate rights of non-US citizens in the US, and also
perhaps US citizen "combatants" as well, and at least seeming to claim that
they have the authority to determine whether such i
I would like the lists opinion on this topic.
Patient comes to the office to have their potassium checked because they are on a
diuretic. Later, the physician's nurse calls the patient at home with results but the
patient is not home. Spouse answers the phone. Can you tell the spouse that the
In my
personal opinion, this practice - violating patient privacy, in the name of
detecting abuse by private businesses - which is (it appears to me) unsupported
by statute (unless mandated by DEA regulation) - is contrary to both many state
laws and HIPAA. I agree the practice serves a val
Leslie,
A
Corporation's charter and bylaws would "control" how the Board may
function. Consequently, the Board could be construed as part of the
workforce.
Further,
in the Preamble to the (initial) Final Privacy rules, HHS notes that,
"independent contractors may or may not be w
John,
I think there is some evolution going on
in this area in regards to non-US citizens who are arrested in the US. Congress passed
legislation that allows the INS to hold non-US citizens arrested of any crime without
bail. The evolution appears to be
that these non-US citizens whethe
Thank you for all your responses. They were all great and exactly what
I expected -
Now I will tell you the rest of the story -
A man stole some Rx books and forged the Rx's - but it gets better - he
used someone else's name and the pharmacy gave this information to
physicians when the person t
Title: RE: Documents
I would also be interested if such things are available. Please contact me off line at [EMAIL PROTECTED]
Thanks!
Phyllis Line
HIPAA Privacy Officer
HEREIU Welfare Pension Funds
630-236-5114
[EMAIL PROTECTED]
-Original Message-
From: Joe Smith [mailto:[EMAI
How are
organizations classifying Board of Directors or Trustee members? Workforce -- or since they are not
"under the direction" of the covered entity, but have a need from
time to time, to receive PHI, or might they better be classified as “business
associates” and need a business assoc
I too would
be interested in this type of sample.
Phyllis Line HIPAA Privacy
Officer HEREIU Welfare Pension Funds
630-236-5114 [EMAIL PROTECTED]
-Original Message-From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]Sent: Wednesday, January 15, 2003 7:50
AMTo: WEDI SNIP P
Robert
-
I
think I need to question one of your assumptions, and your approach to this kind
of problem.
#1 the
assumption that: is not correct, and is
in fact dangerously incorrect.
HIPAA does not state
that principle anywhere. It does list a number of conditions under which PHI m
Title: RE: Privacy: de-identification analysis (no safe harbor)
You may want to check with your local university if they have a school of public health. The biostatistics department should have the means to provide you with that analysis.
-Original Message-
From: Tim Belcheck [mailto
It's
sounds logical that a person loses privacy rights when they break the law.
But I'm not sure the assertion is supported by the language of the rule.
Certainly, there is an exception for disclosures to law enforcement, but this
exists whether or not the person broke the law. And inmate
It's
sounds logical that a person loses privacy rights when they break the law.
But I'm not sure the assertion is supported by the language of the rule.
Certainly, there is an exception for disclosures to law enforcement, but this
exists whether or not the person broke the law. And inma
Yes and no. First, they are breaking the law when they doctor-shop for
narcotics. Secondly, who is responsible for report this to law enforcement?
The question comes up, how did you know the individual went to different
pharmacies? were you told by the same chain of pharmacies? Usually it will b
Yes and no. First, they are breaking the law when they doctor-shop for narcotics. Secondly, who is responsible for report this to law enforcement? The question comes up, how did you know the individual went to different pharmacies? were you told by the same chain of pharmacies? Usually it will be t
In my humble opinion, this would be allowed under PTO.
Robert
Robert Blinch-Edwards
Executive Director
Healthcare Sarasota, Inc.
1991 Main Street, Suite 148
Sarasota, FL 34236
Tel: 941-917-7995
Fax: 941-917-1930
email: [EMAIL PROTECTED]
Web: www.hcsrq.com
---
The WEDI SNIP listserv to which you
Title: RE: Here is a good Privacy Issue that will cause problems
Roy, I
find that I must respectfully disagree with your second sentence below
"PHI"
refers to information not only about someone's health status, but also
information related to the past, present or future *payment* for hea
There may be situations in which clients cannot comply with the safe
harbor for determining whether information is de-identified. In such a
case, we would perform the analysis required by Section 164.514(b)(1).
I would like to build a database of names of experts in the field of
statistics a
It's not just narcotics. Some pharmacies are doing something similar with drug
interactions. If I decide not to go to my PCP for a particular problem I'm having, and
the new doctor prescribes a medication that interacts adversely with medication my PCP
prescribed, the pharmacy is notifying both
Title: RE: Here is a good Privacy Issue that will cause problems
I would argue that releasing information that a patient has been restricted to one pharmacy is not a disclosure under HIPAA. A disclosure must contain a person's identifying information and information on their health status. I d
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