RE: Any HIPAA Humor tools out there?

[Clay, Roy III (NO)]

Don't forget Alan Goldberg's 
HIPAA-ginity!
 
HIPAA-ginity - that exemption 
from HIPAA regulations that vanishes when a healthcare provider succumbs to the 
temptation of electronic billing. 

  -Original Message-From: Ron Moore 
  [mailto:[EMAIL PROTECTED]]Sent: Thursday, January 30, 2003 1:41 
  PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Any 
  HIPAA Humor tools out there?
  HIPAA - ectomy - the removal of individually identifiable 
  health information from heatlh records
   
  HIPAA - glycemia - low level understanding of HIPAA 
  regulation
   
  HIPAA - phobia - morbid fear of HIPAA 
regulation
   
  HIPAA - thermia - the unexplained chill that is running down 
  the back of anyone associated with HIPAA
   
  HIPAA - thetical - Supposition that all covered entities 
  will be compliant by April 14, 2003
   
  HIPAA - notic - the "deer in the headlight" feeling privacy 
  officers experience / especially as April 14, 2003 
  approaches
  
  
  
  
  
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Archiving Emails

[David Frenkel]

I think there was an earlier discussion on archiving emails.

 

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___

 

Regards,

 

David Frenkel

Business Development

GEFEG USA

Global Leader in Ecommerce Tools

www.gefeg.com

612-237-1966

 




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RE: HIPAA EDI

[Rachel Foerster]

Enforcement of the HIPAA EDI regs is through CMS not OCR. CMS has already
posted on their web site an on-line complaint form to use for submitting
complaints about possible violations. The complaint form is also available
as a .pdf via download.

Rachel Foerster
Principal
Rachel Foerster & Associates, Ltd.
Professionals in Health Care EDI
39432 North Avenue
Beach Park, IL 60099
Voice: 847-872-8070
Fax: 847-872-6860
eMail: [EMAIL PROTECTED]
http://www.rfa-edi.com



-Original Message-
From: Christiansen, John (SEA) [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 30, 2003 10:53 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA EDI


This would be covered by the general HIPAA civil penalties provision,
$100/violation to $25K annual max per "type of violation," on a no-fault
basis, presumably enforced via the OCR in a non-adversarial "we're here to
help" fashion. However, I was recently persuaded that it would also be
possible to bring criminal charges for knowing disclosure of PHI in a
regulated transaction without using the required codes and/or format. I
would hope that would not be a case any prosecutor would want to bring but I
think it is logically possible and therefore a matter of prosecutorial
discretion. As my sainted Irish mother used to say, oy vay.

John R. Christiansen
Preston | Gates | Ellis LLP
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-Original Message-
From: Sherry Lynn Burke [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 30, 2003 4:58 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA EDI


I am trying to locate penalties for failure to comply with the EDI standards
but am not having any luck.  Advice?


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RE: HIPAA EDI

[Rachel Foerster]

Section 1176 of the HIPAA statute addresses penalties. 


Section 1176 of the Act establishes
civil monetary penalties for violation of
the provisions in part C of title XI of the
Act, subject to several limitations.
Penalties may not be more than $100
per person per violation of a provision,
and not more than $25,000 per person
per violation of an identical requirement
or prohibition for a calendar year. With
certain exceptions, the procedural
provisions in section 1128A of the Act,
''Civil Monetary Penalties,'' are
applicable to imposition of these
penalties.

Rachel Foerster 
Principal 
Rachel Foerster & Associates, Ltd. 
Professionals in Health Care EDI 
39432 North Avenue 
Beach Park, IL 60099 
Voice: 847-872-8070 
Fax: 847-872-6860 
eMail: [EMAIL PROTECTED] 
http://www.rfa-edi.com 



-Original Message-
From: Sherry Lynn Burke [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 30, 2003 6:58 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA EDI


I am trying to locate penalties for failure to comply with the EDI standards
but am not having any luck.  Advice?

-Original Message-
From: Boyle, Joan [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 28, 2003 8:20 PM
To: WEDI SNIP Privacy Workgroup List
Subject: WEDI SNIP Privacy Policies and Procedures Workgroup Conference
Ca ll - Correction of Time
Importance: High


Please note that our regular workgroup conference call will begin at 3:30 pm
EST.  The discussion of Security Safeguards for Privacy will begin at 4 pm
EST.  All other information is correct.  

Anyone wishing to discuss workgroup issues such as plans for future calls
and for reviewing our existing documents in light of the 12/2002 Privacy
Guidance and the final Security Rule (when published), please join us at
3:30 pm EST.

Joan
Joan Boyle
HIPAA Compliance Manager
The TriZetto Group, Inc.
Voice:  970-627-1675
Fax: 970-627-1677
[EMAIL PROTECTED]

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RE: What PHI to give out to callers?

[Bentz-Miller, Judith]

We are 
working on having an authorization that will cover these "gray areas".  It 
will follow the guidelines with HIPAA and allow us to share information with 
anyone the patient wishes to be involved in their care.  It will only be 
valid for a year, and the patient will be able to revoke it at any time.  
We will then note the system that there is an auth on file and that oral 
information can be released to the other person.  
 
They 
will have to identify the patient and themselves before any information can 
be released.  This will also be used when a doctor has made 
the decision to involve a third party in the patient's care, we will use 
the same process, have the doctor complete the form so the staff knows 
it is ok to speak to the third party, per the physician's judgment.    

 
 -Original 
Message-From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED]]Sent: Wednesday, January 29, 2003 7:27 
AMTo: WEDI SNIP Privacy Workgroup ListSubject: What PHI to 
give out to callers?
What kind of policies are offices developing for disclosing 
  patient health information to people over the phone, when patients and people 
  other than the patient, call for example?Thanks again.Jill 
  Rubin, Esq.(617)388-2404[EMAIL PROTECTED] ---The WEDI SNIP 
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Confidentiality Agreements

[Michael Sullivan]

Does anyone have HIPAA-modified Employee Confidentiality Agreements they'd be willing 
to share?
áya!#H>X¬¶Ç«¾Ú0†'!ʋš­ë.nÇ+‰·ŠÉè¶jz¶­yÔáyجrë,Š‰ì¢{aŠÉb²Û®ûaz·Ÿ¢·«zšÞ±éí¶¯‰ì,¡ûaz)݊ø¹©ij»br*ZžÛ×hž‹gyǬ±ªâ—*Þ¦·¬z{m…ëâ{(~Ø^X@Ȇ«v‡ÃŠ·œ¶ŠìžŠÖ24ƒÈ*.Â+!¶ŠÞqè¯y©è}øœ‰©h¦)â¢zh²Ü¨ºº®zËb¢{h¶–24ƒÈ²Ëž°6­i¶¬y«a¶ÚþÉ⧝ŠŠàþÚÚrH§ƒôázÇ¥ŠËlz»ì².•Ùèµ·®±ç_¢·(šg«r&¥™ªäzا‚›«¦‹²ŠÝŠÇ.²È¨ž‡ì¥ç"~'/zwh®šèvç-±©Ý±êï‰Ç¬N²j[(j·§¢Ø§µéÝyÛhmë¬yÖ¬iú+ºg讗«²‰Ú•Ø¬j
Þzg§¶Ê+ºzk¡÷¬²*'jW(šk§‰Æ­Š‰Úµ©ò¶)žb‹š­ç.®·§¶\¬¹»®&ÞvÚ0yØ©®+Ús&¬j·!Š÷¦j)Z­Èb½ç(™:.žË›±Êâmçë¢kaŠÉb²Ø(¶‹ay+›±ÊâmïԞ˛±Êâmçè®f­†Ûiÿû.nÇ+‰·°yب®
+±éÝi¹ZžG¦j)m¢Wš½ìv*kŠöœË^»çŸ<Õ9b²Û0yب®ʋ§yçm¢éì¹»®&Þnër¢êܺºÞž×¦j)ZuÚ޲Ȭž‹m…ë™æ¬¶šuÚÞ²Ë.nÇ+‰·¶‹azX¬¶™^jÇ®±ëay+›±ÊâmïԞ˛±Êâmçè®f­†Ûiÿû.nÇ+‰·°yب®

RE: Any HIPAA Humor tools out there?

[Ron Moore]

HIPAA - ectomy - the removal of individually identifiable 
health information from heatlh records
 
HIPAA - glycemia - low level understanding of HIPAA 
regulation
 
HIPAA - phobia - morbid fear of HIPAA regulation
 
HIPAA - thermia - the unexplained chill that is running down 
the back of anyone associated with HIPAA
 
HIPAA - thetical - Supposition that all covered entities will 
be compliant by April 14, 2003
 
HIPAA - notic - the "deer in the headlight" feeling privacy 
officers experience / especially as April 14, 2003 
approaches



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RE: What PHI to give out to callers

[JillGWlaw]

Yes, but is it possible for a patient to authorize disclosures of his PHI to a spouse 
for example? It seems that an authorization would need to be so specific that it would 
require a signed authorization every time a paricular situation/condition came up.

> It should be NONE to anyone other than the patient, unless they (the CE) have an 
>authorization for that purpose.  If it can be reasonably validated that it is the 
>patient (through some unique identifier - last four digit of the social 
> security number for example) then anything can be discussed.

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Re: Confidential Communications

[Teri Baskett]

This will really make it difficult for agencies that do hire patients as
part of their mission, vocational rehab, community outreach, destigmatizing,
etc.  As a mental health and addiction center, this continues to be one of
the items we discuss over and over. How will we separate this information
from fellow employees-->at the treatment site, and thru the billing dept,
and in whatever dept/program the pt works in--and meet HIPAA privacy rules.
How are other agencies planning to address this?  Are you adding it to a
release/employment notification form as a statement, so they are informed?
- Original Message -
From: <[EMAIL PROTECTED]>
To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Sent: Thursday, January 30, 2003 9:38 AM
Subject: RE: Confidential Communications


> Consider employees of healthcare organizations.
>
> An example: an employee of a hospital needs treatment that might affect
the
> employability, or at least their coworkers attitude towards that employee.
> So the Patient/employee requires confidentiality.
>
> This raises a question also, and I would be interested in our attorney's
> opinions.  What if even the billing information itself (as in the above
> scenario) would result in stigmatizing disclosure?  Can a payor force
> disclosure of PHI for payment purposes, particularly if the payor is also
> the employer?  Or if the provider is the employer?
>
> Regards,
>
> Tim McGuinness, Ph.D.
> Consulting Specialist in Regulatory Privacy, Security, and Application
> Compliance
> HIPAA/FDA/CMS-HCFA/ICH/ADA & Section
508/DITSCAP/NIACAP/ISO17799/BS7799/NIST
> 800 C&A
> Specialist in Local Government Compliance
www.localgovernmentcompliance.com
> 
> [EMAIL PROTECTED]   /
> www.timmcguinness.com   /
> www.HIPAAhelpNETWORK.com   /
> www.McGuinnessDesigns.com 
>
> Executive Co-Chairman for Privacy,
> HIPAA Conformance Certification Organization (HCCO)
> www.hcco.us 
>
> __
>
> Office: 727-787-9801 Cell: 305-753-4149 / 240-525-1149
> Email: [EMAIL PROTECTED]   - MSN
> Instant Messenger:  [EMAIL PROTECTED]
>   (do not send email to hotmail account)
> __
>
>
>
>
===
>
> IMPORTANT LEGAL NOTICE: This communication, including any attachment,
> contains information that may be confidential or privileged, and is
intended
> solely for the entity or individual to whom it is addressed. If you are
not
> the intended recipient, please notify the sender at once, and you should
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> forgoing is provided for educational or discussion purposes only. The
author
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> information must always be reviewed and approved by your own attorney
prior
> to use, application, or implementation.
>
>
>
> -Original Message-
> From: Halfhill, Annette [mailto:[EMAIL PROTECTED]]
> Sent: Tuesday, January 28, 2003 5:29 PM
> To: WEDI SNIP Privacy Workgroup List
> Subject: Confidential Communications
>
>
> Can anyone please give me ideas of what they think patients would request
> with the Restrictions on the Uses and Disclosures of PHI and the
> Confidential Communications. We have the following in place already, and
are
> trying to write a common-sense policy about these issues. It is hard to
> anticipate what else the patients might request. Thoughts or past requests
> that you have come across?
>
> 1. We are anticipating requests for alternative billing locations
> 2. We have "privacy codes" in our system to address the following, which
we
> use during care and after discharge (especially the no information given
to
> anyone).
> $ = FAMILY MEMBERS ONLY
> (Information given ONLY to family members)
>
> + = NO INFORMATION
> (No information is given to anyone)
> " I have no information on a patient by that name."
>
> % = NO PHONE CALLS
> (Do not give out the extension or ring any calls)
>  "The patient has requested that no phone calls b

RE: Any HIPAA Humor tools out there?

[Benjamin W. Tartaglia]

Attached is a newsletter with a few tidbits 
of humor.
Enjoy!   Let me know if you find 
any good enough to use.
 
Ben

Benjamin W. Tartaglia, MBA, BSIM, CSPDirector, Client 
ServicesBWT Associates, HealthCare ConsultantsHIPAA, JCAHO, 
Telemedicine, Contingency Planning, Telecommunications, Telephone Fraud & 
Abuse, Training Programs, Policy & Procedures, Management Audits.PO# 
4515, Shrewsbury, MA 01545Phone: 508-845-6000EMail: 
[EMAIL PROTECTED]

  -Original Message-From: Bentz-Miller, Judith 
  [mailto:[EMAIL PROTECTED]]Sent: Wednesday, January 29, 2003 9:17 
  AMTo: WEDI SNIP Privacy Workgroup ListSubject: Any HIPAA 
  Humor tools out there?
   
  
does anyone have any good HIPAA humor training 
tools that they would be willing to share?  I am doing a presentation 
later today and I am looking for something different.  
 
Email me directly if you wish.  Thank you for 
helping!---The WEDI SNIP listserv to which you 
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HIPAA Mgt Newsletter 01.doc
Description: MS-Word document
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Database at http://snip.wedi.org/tracking/.   These listservs should not be used for 
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They also are not intended to be used as a forum for personal disagreements or 
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RE: HIPAA EDI

[Christiansen, John (SEA)]

This would be covered by the general HIPAA civil penalties provision,
$100/violation to $25K annual max per "type of violation," on a no-fault
basis, presumably enforced via the OCR in a non-adversarial "we're here to
help" fashion. However, I was recently persuaded that it would also be
possible to bring criminal charges for knowing disclosure of PHI in a
regulated transaction without using the required codes and/or format. I
would hope that would not be a case any prosecutor would want to bring but I
think it is logically possible and therefore a matter of prosecutorial
discretion. As my sainted Irish mother used to say, oy vay.

John R. Christiansen
Preston | Gates | Ellis LLP
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-Original Message-
From: Sherry Lynn Burke [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 30, 2003 4:58 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA EDI


I am trying to locate penalties for failure to comply with the EDI standards
but am not having any luck.  Advice?

-Original Message-
From: Boyle, Joan [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 28, 2003 8:20 PM
To: WEDI SNIP Privacy Workgroup List
Subject: WEDI SNIP Privacy Policies and Procedures Workgroup Conference
Ca ll - Correction of Time
Importance: High


Please note that our regular workgroup conference call will begin at 3:30 pm
EST.  The discussion of Security Safeguards for Privacy will begin at 4 pm
EST.  All other information is correct.  

Anyone wishing to discuss workgroup issues such as plans for future calls
and for reviewing our existing documents in light of the 12/2002 Privacy
Guidance and the final Security Rule (when published), please join us at
3:30 pm EST.

Joan
Joan Boyle
HIPAA Compliance Manager
The TriZetto Group, Inc.
Voice:  970-627-1675
Fax: 970-627-1677
[EMAIL PROTECTED]

*** Confidentiality Notice ***
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You are currently subscribed to wedi-privacy as: [EMA

Re: NPP revisions

[Connie Hein]

You're correct, Doug.  Here's an excerpt from the recent guidance on the
Privacy Regs:

[begin quote]
Q: Are health plans required to make a good faith effort to obtain from
their enrollees a written acknowledgment of receipt of the notice?

A: No. Under the HIPAA Privacy Rule, only covered health care providers that
have a direct treatment relationship with individuals are required to make a
good faith effort to obtain the individual's acknowledgment of receipt of
the notice. See 45 CFR 164.520(c)(2)(ii).
[end quote]

Connie Hein
Paramore Consulting
e-Commerce for healthcare
www.hipaasurvival.com

- Original Message -
From: "Doug Turpin" <[EMAIL PROTECTED]>
To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Cc: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Sent: Thursday, January 30, 2003 7:58 AM
Subject: RE: NPP revisions



Can anyone verify that health plans do not require obtaining an
acknowledgement for NPP? Only providers?



  "Matthew
  Rosenblum"   To:  "WEDI SNIP Privacy
Workgroup List" <[EMAIL PROTECTED]>
  Subject: RE: NPP revisions

  01/29/2003 07:28
  PM

  Please respond
  to "Matthew
  Rosenblum"






Traci,

You will still need to maintain (and track) those signed-acknowledgements.
In the Committee's plan, it seems that there will be many more
acknowledgements to maintain.

I hope that this helps.

Your questions are always welcome.

Matt

Matthew Rosenblum
Chief Operations Officer
Privacy, Quality Management & Regulatory Affairs
http://www.CPIdirections.com

CPI Directions, Inc.
10 West 15th Street, Suite 1922
New York, NY 10011

(212) 675-6367
[EMAIL PROTECTED]

CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the
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AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del
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  -Original Message-
  From: Noel, Linda A. [mailto:[EMAIL PROTECTED]]
  Sent: Wednesday, January 29, 2003 3:15 PM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: NPP revisions

  Expense.



  Linda Noel
  Corporate Privacy Officer
  Corporate Compliance
  Orlando Regional Healthcare
  321-843-8693
-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 29, 2003 2:27 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP revisions
164.520 [c][2][iv] Whenever the notice is revised, make the
notice available upon request on or after the effective date of
the revision and promptly comply with the requirements of
paragraph [c][2][iii] of this section, if applicable.

I just want to run this by everyone, in our HIPAA committee
meeting today we have decided to provide a NPP and get a signed
acknowledgement of receipt with each admission to home care
services, even if the patient was previously receiving services
from our agency.
The reasoning is, with the rapid turnover of our patients it
would be extremely difficult to track which "edition" of our
NPP a patient had received, and since our patients sometimes
are re-admitted to our services years down the road it would
allow us to make sure we had documentation that the NPP had
been given.
We may put a section on our acknowledgement form for the
patient to check/sign if they are refusing a copy due to
previous receipt.

I think this should cover us pretty well??. any cons to the
plan?


Traci Winter
Hospitals Home Health Care, Inc.

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nor WEDI SNIP. If you wish to receive an official opinion, post
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RE: Any HIPAA Humor tools out there?

[Felix Bruce]

Title: Message



That is the best piece of HIPAA info I have 
seen in months. Thanks for the grin.
Bruce 

  -Original Message-From: McKinlay, Mike 
  [mailto:[EMAIL PROTECTED]]Sent: Wednesday, January 29, 
  2003 12:48 PMTo: WEDI SNIP Privacy Workgroup 
  ListSubject: RE: Any HIPAA Humor tools out 
  there?
  I'm not sure this qualifies, but it's a 
  compilation of responses I got off HIPAAlive!  The questions are about 
  HIPAA, the answers are the titles to Beatles' tunes.
   
  Asking the questions might be a good 
  icebreaker at meetings where everyone already understands HIPAA but are in 
  conflict over what to do about it.
  Thanks,
  Mike
   
  

-Original Message-From: Bentz-Miller, Judith 
[mailto:[EMAIL PROTECTED]] Sent: Wednesday, January 29, 2003 
8:17 AMTo: WEDI SNIP Privacy Workgroup ListSubject: 
Any HIPAA Humor tools out there?
 

  does anyone have any good HIPAA humor training 
  tools that they would be willing to share?  I am doing a presentation 
  later today and I am looking for something different.  
   
  Email me directly if you wish.  Thank you 
  for helping!---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 
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RE: HIPAA EDI

[Leah Hole-Curry]

42 U.S.C. Section 1320d-5  (General Penalty for Failure to comply with
Requirements and Standards)

The pre-codified version is on HHS' website at:
http://aspe.hhs.gov/admnsimp/pl104191.htm


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.
>>> "Sherry Lynn Burke" <[EMAIL PROTECTED]> 01/30/03 04:56 AM >>>
I am trying to locate penalties for failure to comply with the EDI
standards but am not having any luck.  Advice?

-Original Message-
From: Boyle, Joan [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 28, 2003 8:20 PM
To: WEDI SNIP Privacy Workgroup List
Subject: WEDI SNIP Privacy Policies and Procedures Workgroup Conference
Ca ll - Correction of Time
Importance: High


Please note that our regular workgroup conference call will begin at
3:30 pm
EST.  The discussion of Security Safeguards for Privacy will begin at 4
pm
EST.  All other information is correct.  

Anyone wishing to discuss workgroup issues such as plans for future
calls
and for reviewing our existing documents in light of the 12/2002 Privacy
Guidance and the final Security Rule (when published), please join us at
3:30 pm EST.

Joan
Joan Boyle
HIPAA Compliance Manager
The TriZetto Group, Inc.
Voice:  970-627-1675
Fax: 970-627-1677
[EMAIL PROTECTED]

*** Confidentiality Notice ***
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protected
by law. If you are not the intended recipient, you should delete this
message and are hereby notified that any disclosure, copying, or
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is
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RE: NPP revisions

[Chris Apple]

Doug,

In accordance with the Office of Civil Rights Guidance issue in December 2002, only 
covered health care provider that have a direct treatment relationship with 
individuals are required to make a good faith effort to obtain the individual's 
acknowledgment of receipt of the notice - 45CFR 164.520(c)(2)(ii).  

This is in their Q&A section on NPP.

Chris Apple
Dept of Human Resources
State of Nevada

-Original Message-
From: Doug Turpin [mailto:[EMAIL PROTECTED]] 
Sent: Thursday, January 30, 2003 5:59 AM
To: WEDI SNIP Privacy Workgroup List
Cc: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP revisions


Can anyone verify that health plans do not require obtaining an
acknowledgement for NPP? Only providers?


   
   
  "Matthew 
   
  Rosenblum"   To:  "WEDI SNIP Privacy Workgroup 
List" <[EMAIL PROTECTED]>  
  Subject: RE: NPP revisions  
   
   
   
  01/29/2003 07:28 
   
  PM   
   
  Please respond   
   
  to "Matthew  
   
  Rosenblum"   
   
   
   
   
   




Traci,

You will still need to maintain (and track) those signed-acknowledgements.
In the Committee's plan, it seems that there will be many more
acknowledgements to maintain.

I hope that this helps.

Your questions are always welcome.

Matt

Matthew Rosenblum
Chief Operations Officer
Privacy, Quality Management & Regulatory Affairs
http://www.CPIdirections.com

CPI Directions, Inc.
10 West 15th Street, Suite 1922
New York, NY 10011

(212) 675-6367
[EMAIL PROTECTED]

CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the
individual or entity to which it is addressed and may contain information
that is privileged, confidential and exempt from disclosure under
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not distribute it.  Please notify the sender by E-Mail at the address shown
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AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del
individuo o la entidad a la cual se dirige y puede contener información
privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si
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Favor notificar al remitente del E-Mail a la dirección mostrada y elimine
el mensaje original. Gracias.

  -Original Message-
  From: Noel, Linda A. [mailto:[EMAIL PROTECTED]]
  Sent: Wednesday, January 29, 2003 3:15 PM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: NPP revisions

  Expense.



  Linda Noel
  Corporate Privacy Officer
  Corporate Compliance
  Orlando Regional Healthcare
  321-843-8693
-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 29, 2003 2:27 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP revisions
164.520 [c][2][iv] Whenever the notice is revised, make the
notice available upon request on or after the effective date of
the revision and promptly comply with the requirements of
paragraph [c][2][iii] of this section, if applicable.

I just want to run this by everyone, in our HIPAA committee
meeting today we have decided to provide a NPP and get a signed
acknowledgement of receipt with each admission to home care
services, even if the patient was previously receiving services
from our agency.
The reasoning is, with the rapid turnover of our patients it
would be extremely difficult to track which "edition" of our
NPP a patie

RE: Confidential Communications

[timmcguinness]

Consider employees of healthcare organizations.

An example: an employee of a hospital needs treatment that might affect the
employability, or at least their coworkers attitude towards that employee.
So the Patient/employee requires confidentiality.

This raises a question also, and I would be interested in our attorney's
opinions.  What if even the billing information itself (as in the above
scenario) would result in stigmatizing disclosure?  Can a payor force
disclosure of PHI for payment purposes, particularly if the payor is also
the employer?  Or if the provider is the employer?

Regards,

Tim McGuinness, Ph.D.
Consulting Specialist in Regulatory Privacy, Security, and Application
Compliance
HIPAA/FDA/CMS-HCFA/ICH/ADA & Section 508/DITSCAP/NIACAP/ISO17799/BS7799/NIST
800 C&A
Specialist in Local Government Compliance  www.localgovernmentcompliance.com

[EMAIL PROTECTED]   /
www.timmcguinness.com   /
www.HIPAAhelpNETWORK.com   /
www.McGuinnessDesigns.com 

Executive Co-Chairman for Privacy,
HIPAA Conformance Certification Organization (HCCO)
www.hcco.us 

__

Office: 727-787-9801 Cell: 305-753-4149 / 240-525-1149
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===

IMPORTANT LEGAL NOTICE: This communication, including any attachment,
contains information that may be confidential or privileged, and is intended
solely for the entity or individual to whom it is addressed. If you are not
the intended recipient, please notify the sender at once, and you should
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HIPAA NOTICE:  It is acknowledged that HIPAA, ASCA, and other regulations
and statutes are law, and that all interpretation of law should involve
licensed attorneys in good standing with their local Bar Association. The
forgoing is provided for educational or discussion purposes only. The author
accepts no responsibility for its accuracy, review, distribution, or use in
any way. You assume responsibility for understanding this material and its
applicability and/or use. The above may need to be interpreted by your
attorney as needed to conform with federal or state law - you’re use of this
information must always be reviewed and approved by your own attorney prior
to use, application, or implementation.



-Original Message-
From: Halfhill, Annette [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 28, 2003 5:29 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Confidential Communications


Can anyone please give me ideas of what they think patients would request
with the Restrictions on the Uses and Disclosures of PHI and the
Confidential Communications. We have the following in place already, and are
trying to write a common-sense policy about these issues. It is hard to
anticipate what else the patients might request. Thoughts or past requests
that you have come across?

1. We are anticipating requests for alternative billing locations
2. We have "privacy codes" in our system to address the following, which we
use during care and after discharge (especially the no information given to
anyone).
$ = FAMILY MEMBERS ONLY
(Information given ONLY to family members)

+ = NO INFORMATION
(No information is given to anyone)
" I have no information on a patient by that name."

% = NO PHONE CALLS
(Do not give out the extension or ring any calls)
 "The patient has requested that no phone calls be placed to their room."


> = NO VISITORS/NO CALLS
(You may give only the condition to callers)
"The patient has requested that no phone calls be placed to their room."


! = NO VISITORS
(No visitors are permitted to visit the patient)

*= MEDIA EVENT
(No further information will be given)
"No further information can be released about this patient or their
condition."



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dis

OCR positions

[David Frenkel]

WASHINGTON
(HIPAA Wire) In an effort to assist covered entities that are scrambling to
meet the privacy rule’s Apr. 14 compliance deadline, the Department of
Health and Human Services Office for Civil Rights announced Jan. 13 that is
seeking to hire several Privacy Program Specialists.

According
to the job description posted by OCR, the Privacy Program Specialists will be
engaged in a nationwide initiative “to provide outreach and public
education on the Privacy Rule to increase awareness by covered entities of
their responsibilities and by the public of their rights under the Rule.”

Specifically,
the privacy specialists are intended to educate entities and the public on HIPAA’s privacy standards by responding to phone and
written inquiries and by developing and delivering presentations at
conferences, seminars, workshops and informal meetings. 

Those
recruited for the position also will be expected to serve as “subject
matter experts on the HIPAA Privacy Rule” for other OCR and HHS
personnel. The job posting announces that Specialists will provide
“managers with advice and assistance on matters related to the
development of plans, strategies, policies, initiatives or program improvements
necessary to accomplish health information privacy mandates effectively and
efficiently.”

In
addition to outlining the position’s educational responsibilities, the
description states that these Privacy Specialists will either conduct or assist
“with conducting investigations according to OCR’s authority under
the Privacy Rule using informal and formal means to secure compliance.” 

The
specialists will work out of HHS Regional Offices in Atlanta, Boston, Chicago, Dallas, Denver, Kansas City, New York, Philadelphia, San
  Francisco and Seattle, as well as
its headquarters in Washington.

So
how soon can entities expect to ring up their regional specialist with HIPAA
privacy guidance questions? That’s going to depend on the number of
applicants and the length of the interview process, reports a senior HHS
official. 

“Practically
speaking, if you have a very large pool, it’s going to take you longer to
get through all of the applicants than if you had a small pool,” and the
size of pool won’t be known until the closing date for all applications,
the official tells Eli. All applications must be received online via the job
posting Web site before midnight on February 4, 2003.

top 

Regards,

 

David Frenkel

Business Development

GEFEG USA

Global Leader in Ecommerce Tools

www.gefeg.com

612-237-1966

 




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RE: Any HIPAA Humor tools out there?

[timmcguinness]

John, 
I have heard that Stetson (Orlando/St. Petersburg) is the one offering this 
course or seminar - I'm not yet sure.  I heard this from a local 
attorney.  However, there is quite a bit of movement on the civil 
litigators side.  In fact there may be a major case emerge in Arizona this 
next month, claiming HIPAA Privacy is already the standard of care - I will post 
details when I can.
 
Also, 
well said!  Attorneys take way to much flak on this one.  I have 
genuine sympathy for those that are really struggling.  But far to many 
have to first get past their own ego.  Case in point - the first post doing 
the bashing in this series was from our friends (not) in the AAPS 
anyway
 
Regards,


Tim McGuinness, Ph.D.Consulting Specialist in Regulatory Privacy, Security, and Application 
ComplianceHIPAA/FDA/CMS-HCFA/ICH/ADA & 
Section 508/DITSCAP/NIACAP/ISO17799/BS7799/NIST 
800 C&A Specialist in Local 
Government Compliance  www.localgovernmentcompliance.com 
[EMAIL PROTECTED] /  www.timmcguinness.com 
/ www.HIPAAhelpNETWORK.com / www.McGuinnessDesigns.com 

Executive Co-Chairman for Privacy,HIPAA Conformance Certification Organization 
(HCCO)www.hcco.us
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HIPAA NOTICE:  It is acknowledged 
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  -Original Message-From: Christiansen, John (SEA) 
  [mailto:[EMAIL PROTECTED]]Sent: Wednesday, January 29, 2003 
  5:46 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: 
  Any HIPAA Humor tools out there?
  Who's doing this?
   
  << Can you guess what law schools 
  are promoting courses in successful litigation under HIPAA regulations? 
  We have at least one here in Florida I am aware of.>> 
   
  Please let me know, 
  I'd love to see the curriculum and figure out the holes in it, perhaps 
  work up articles to help judges reject HIPAA claims. Something like this would 
  be counter-productive and would require creative lawyering to 
  develop strong private claims (or is the training is for prosecutors or OCR 
  investigators?)   
   
  By the way, this 
  is one attorney who co-presented about two dozen half-day 
  state medical association sponsored trainings for docs, including a thick 
  compliance manual, for compensation that basically covered expenses, 
  i.e. pro bono. And no, I don't get a lot of work from docs - a little 
  from time to time,  not much, doctors don't trust lawyers and don't want 
  to spend money on them (and get mad at us when they mess up legal matters 
  trying to do it themselves and it costs them more to fix the problems they 
  caused!) - not my client base, but a profession I respect and felt needed the 
  help since nobody else was stepping up to the plate. 
  
   
  Just a thought to 
  keep lawyer slamming in perspective.
   
  John R. Christiansen Preston 
  | Gates | Ellis LLP PLEASE 
  NOTE OUR NEW ADDRESS AND PHONE NUMBERS EFFECTIVE TUESDAY, JANUARY 
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RE: Any HIPAA Humor tools out there?

[timmcguinness]

How about

Helping Insure Politicians Avoid Accountability

Regards,

Tim McGuinness, Ph.D.
Consulting Specialist in Regulatory Privacy, Security, and Application
Compliance
HIPAA/FDA/CMS-HCFA/ICH/ADA & Section 508/DITSCAP/NIACAP/ISO17799/BS7799/NIST
800 C&A
Specialist in Local Government Compliance  www.localgovernmentcompliance.com

[EMAIL PROTECTED]   /
www.timmcguinness.com   /
www.HIPAAhelpNETWORK.com   /
www.McGuinnessDesigns.com 

Executive Co-Chairman for Privacy,
HIPAA Conformance Certification Organization (HCCO)
www.hcco.us 

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IMPORTANT LEGAL NOTICE: This communication, including any attachment,
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the intended recipient, please notify the sender at once, and you should
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HIPAA NOTICE:  It is acknowledged that HIPAA, ASCA, and other regulations
and statutes are law, and that all interpretation of law should involve
licensed attorneys in good standing with their local Bar Association. The
forgoing is provided for educational or discussion purposes only. The author
accepts no responsibility for its accuracy, review, distribution, or use in
any way. You assume responsibility for understanding this material and its
applicability and/or use. The above may need to be interpreted by your
attorney as needed to conform with federal or state law - you’re use of this
information must always be reviewed and approved by your own attorney prior
to use, application, or implementation.



-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 29, 2003 4:40 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: Any HIPAA Humor tools out there?


Or

High
Income
Potential for
Aggressive
Attorneys

Bruce Bradigan

> How about:
>
> Helping
> Insure
> Profitability for
> American
> Attorneys
>
> Can you guess what law schools are promoting courses
> in successful litigation under HIPAA regulations?
>
> We have at least one here in Florida I am aware of.
>
> David Artis
>
>
>
> -Original Message-
> From: fwdanby [mailto:[EMAIL PROTECTED]]
> Sent: Wednesday, January 29, 2003 1:10 PM
> To: WEDI SNIP Privacy Workgroup List
> Cc: WEDI SNIP Privacy Workgroup List
> Subject: Re: Any HIPAA Humor tools out there?
>
>
> Get an acronym-matching contest going.
> Here's the first (and it's not original to me)
>
> Healthy
> Income
> Protection for
> Aggressive
> Attorneys
>
> F.W. (Bill) Danby, MD, Manchester, NH, USA
>
> - Original Message -
> From: Bentz-Miller,   Judith
> To: WEDI SNIP Privacy Workgroup   List
> Sent: Wednesday, January 29, 2003 9:17 AM
> Subject: Any HIPAA Humor tools out there?
>
>
>
> does anyone have any good HIPAA humor training tools that they would be
> willing to share?  I am doing a presentation later today and I am looking
> for something different.
>
> Email me directly if you wish.  Thank you for helping!
>
>
>
> ---
> The WEDI SNIP listserv to which you are subscribed is not moderated. The
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> participants, and do not necessarily represent the views of the WEDI Board
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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
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> You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]
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RE: NPP revisions

[Doug Turpin]

Can anyone verify that health plans do not require obtaining an
acknowledgement for NPP? Only providers?


   
   
  "Matthew 
   
  Rosenblum"   To:  "WEDI SNIP Privacy Workgroup 
List" <[EMAIL PROTECTED]>  
  Subject: RE: NPP revisions  
   
   
   
  01/29/2003 07:28 
   
  PM   
   
  Please respond   
   
  to "Matthew  
   
  Rosenblum"   
   
   
   
   
   




Traci,

You will still need to maintain (and track) those signed-acknowledgements.
In the Committee's plan, it seems that there will be many more
acknowledgements to maintain.

I hope that this helps.

Your questions are always welcome.

Matt

Matthew Rosenblum
Chief Operations Officer
Privacy, Quality Management & Regulatory Affairs
http://www.CPIdirections.com

CPI Directions, Inc.
10 West 15th Street, Suite 1922
New York, NY 10011

(212) 675-6367
[EMAIL PROTECTED]

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  -Original Message-
  From: Noel, Linda A. [mailto:[EMAIL PROTECTED]]
  Sent: Wednesday, January 29, 2003 3:15 PM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: NPP revisions

  Expense.



  Linda Noel
  Corporate Privacy Officer
  Corporate Compliance
  Orlando Regional Healthcare
  321-843-8693
-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 29, 2003 2:27 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP revisions
164.520 [c][2][iv] Whenever the notice is revised, make the
notice available upon request on or after the effective date of
the revision and promptly comply with the requirements of
paragraph [c][2][iii] of this section, if applicable.

I just want to run this by everyone, in our HIPAA committee
meeting today we have decided to provide a NPP and get a signed
acknowledgement of receipt with each admission to home care
services, even if the patient was previously receiving services
from our agency.
The reasoning is, with the rapid turnover of our patients it
would be extremely difficult to track which "edition" of our
NPP a patient had received, and since our patients sometimes
are re-admitted to our services years down the road it would
allow us to make sure we had documentation that the NPP had
been given.
We may put a section on our acknowledgement form for the
patient to check/sign if they are refusing a copy due to
previous receipt.

I think this should cover us pretty well??. any cons to the
plan?


Traci Winter
Hospitals Home Health Care, Inc.

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RE: HIPAA EDI

[Sherry Lynn Burke]

I am trying to locate penalties for failure to comply with the EDI standards but am 
not having any luck.  Advice?

-Original Message-
From: Boyle, Joan [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 28, 2003 8:20 PM
To: WEDI SNIP Privacy Workgroup List
Subject: WEDI SNIP Privacy Policies and Procedures Workgroup Conference
Ca ll - Correction of Time
Importance: High


Please note that our regular workgroup conference call will begin at 3:30 pm
EST.  The discussion of Security Safeguards for Privacy will begin at 4 pm
EST.  All other information is correct.  

Anyone wishing to discuss workgroup issues such as plans for future calls
and for reviewing our existing documents in light of the 12/2002 Privacy
Guidance and the final Security Rule (when published), please join us at
3:30 pm EST.

Joan
Joan Boyle
HIPAA Compliance Manager
The TriZetto Group, Inc.
Voice:  970-627-1675
Fax: 970-627-1677
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The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions 
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