RE: EMS and the NPP

2003-01-24 Thread Gerald E. DeLoss
What specific section of the rule do you base this on? I disagree. Jud Gerald Jud E. DeLoss, Esq. Barnwell Whaley Patterson Helms, LLC 885 Island Park Drive Post Office Drawer H (29402) Charleston, SC 29492 Telephone (843) 577-7700 Direct (843) 329-5313 Facsimile (843) 577-7708 [EMAIL

RE: EMS and the NPP

2003-01-24 Thread timmcguinness
Indeed Gerald, the statement that they are not required is beyond inaccurate. In fact they are required to give them out at the first reasonable opportunity after the emergency. This can include by mail as well - which is how my local government clients will be handling it with their EMT. Plus

RE: to sign or not to sign

2003-01-24 Thread EHRIEM
Ian, Jim, I currently am working with 9 software authors/dealers and have advised on the subject of business associate agreements. There are a couple of very different flavors I have put together. If you're interested, e-mail me off list and I'll send you a couple samples I have put together

RE: who holds the power?

2003-01-24 Thread Harpe, Leslie
Look at section 164.504 (e)(2)(i) Establish the permitted and required uses and disclosures of such information by the business associate. Vendors are not required by law to have a BAA, you as a provider are. I think the agreement should come from the entity that is responsible for the

RE: who holds the power?

2003-01-24 Thread Ribelin, Donald
I strongly agree with Leslie. Donald L. Ribelin HIPAA Project Manager Firsthealth of the Carolinas (910) 215-2668 [EMAIL PROTECTED] -Original Message- From: Harpe, Leslie [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 9:44 AM To: WEDI SNIP Privacy Workgroup List

RE: who holds the power?

2003-01-24 Thread Bentz-Miller, Judith
I strongly agree also. If there is no BAA in place, or not a well written one in place, it is the CE who will be audited and suffer the consequences under HIPAA and the OCR. we will also suffer the consequences in the press if one of our vendors has a huge faux-pas with PHI that the CE has

NPP and illiterate population

2003-01-24 Thread Traci Winter
I know our NPP is supposed to be easy to read and understand, but one of our committee members brought up an interesting thought. What do we do with our illiterate population and our patients who are legally blind. In the area we service this a definite issue. Should we put the NPP on an

Is HIPAA Individually Liable?

2003-01-24 Thread Patricia Conroe
I apologize if this is listed somewhere real obvious, but I was wondering if there was a definite answer as to who's liable when HIPAA has been violated? In a hospital situation, if HIPAA's violated and jail time and fines are distributed who gets that fun time? Is it the CEO, the Privacy

Re: Is HIPAA Individually Liable?

2003-01-24 Thread Nancy Jones
I would like to add to this question . . . I have been to several HIPAA workshops, each taught by a different attorney or team of attorneys. One group will tell you that the entity can't be sued for damages if a HIPAA violation occurs . . . . that sanctions from the OCR is punishment enough for

RE: Is HIPAA Individually Liable?

2003-01-24 Thread Gerald E. DeLoss
The Privacy Rule does not provide a private right of action, it only provides for the civil and criminal penalties to be imposed by the government. However, a clever plaintiff's attorney could craft an argument that the violation of the HIPAA Privacy Rule is evidence that the Covered Entity was

RE: Is HIPAA Individually Liable?

2003-01-24 Thread Rachel Foerster
Here's what I believe is the real deal: 1. The HIPAA law and regulations do not give the individual any statutory rights. This means that an individual who feels his/her individual privacy rights have been violated cannot bring suit in Federal Court. The recourse open to an individual under HIPAA

RE: Is HIPAA Individually Liable?

2003-01-24 Thread timmcguinness
Depends upon the nature of the violation. The organization will be liable for its actions, and individuals for theirs. Generally, it will be individuals who will be held to the criminal sanctions for their actions. However civil liability also accrues to all parties. Expect the litigators to go

RE: Is HIPAA Individually Liable?

2003-01-24 Thread Leslie C Bender
I agree with Rachel and note that many state laws do indeed give individuals the right to sue for alleged medical privacy violations. Further, in the Commonwealth of Virginia, the federal courts have determined that HIPAA's Privacy Rule, having been crafted by the federal agency charged with

Assignment of benefits and HIPAA

2003-01-24 Thread JillGWlaw
How are covered entities handling assignment of benefits and HIPAA? I assume that current assignment of benefits forms authorizing the covered entity to receive payment from the health insurance carrier are acceptable under HIPAA as they fall under payment but what abouut assignment of benefits

RE: NPP and illiterate population

2003-01-24 Thread Bentz-Miller, Judith
We will be RECORDING it as a voice mail message (our system handles over 12 minutes!) and having an extension, with access on both the local line and 800 line. We are also having a privacy (800 number) hotline set up and both numbers will be listed on business cards. Business cards will be

RE: Off the Shelf/Home Grown Apps containing PHI

2003-01-24 Thread Mimi Hart
Does anyone have an educational document they are willing to share that explains to all those NON IT system admins/developers of homegrown apps (Access Databases, Excel Spreadsheets, etc.) containing PHI what their responsibilities are and some helpful tips on how to secure their information? I

RE: NPP and illiterate population

2003-01-24 Thread Jennifer Peters
Title: Message How is everyone handling a situation where a patient is literate, but unable to comprehend the NPP? -Original Message-From: Bentz-Miller, Judith [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 11:10 AMTo: WEDI SNIP Privacy Workgroup ListSubject:

Re: NPP and illiterate population

2003-01-24 Thread William J. Kammerer
Why agonize over it? Do you really believe anyone is going to read these things? I'm literate - with full command of the English language - yet I've never read one of those stupid GLB privacy notices from banks and credit card companies, and probably would not have the patience to keep track of

RE: NPP and illiterate population

2003-01-24 Thread Benjamin W. Tartaglia
Good point. -Original Message- From: William J. Kammerer [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 6:25 PM To: WEDI SNIP Privacy Workgroup List Subject: Re: NPP and illiterate population Why agonize over it? Do you really believe anyone is going to read these things? I'm

RE: NPP and illiterate population

2003-01-24 Thread timmcguinness
Title: Message Folks, this isn't really a HIPAA issue. It's a Civil Rights issue. Also it may be a state law issue. The answer in general is, and it is many times scalable to the size of the organization, you have to address the issue, or be subject to the civil liability that will come

Accounting for disclosures

2003-01-24 Thread Halterman, Anita
The NMEH HIT sub workgroup intends to discuss accounting for disclosures during the next HIT call. During our last call the topic came up for discussion and I offered to post an email to a couple of listservs to generate some discussion regarding this topic. How have CE's been dealing with

RE: EMS and the NPP

2003-01-24 Thread William Gateland
Check out Aug 14, 02 Final Rule, pg 53242 where it talks about ambulance services. --- Gerald E. DeLoss [EMAIL PROTECTED] wrote: What specific section of the rule do you base this on? I disagree. Jud Gerald Jud E. DeLoss, Esq. Barnwell Whaley Patterson Helms, LLC 885 Island Park

HIPAA privacy and people - comparison to 42 C.F.R. Part 2 (Al cohol and Drug Patient Privacy)

2003-01-24 Thread Matthew Rosenblum
Darrell Vicki, Thank you very much for your discussions and insights. And, Yes, Darrell, I would appreciate the contact information for The Legal Action Center. Thanks again. Your questions are always welcome. Matt Matthew Rosenblum Chief Operations Officer Privacy, Quality Management