What PHI to give out to callers?

2003-01-29 Thread JillGWlaw
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]
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Re: Medical Records

2003-01-29 Thread Patricia Conroe
There are specific requirements in state laws that say what happens when a practice 
closes.  I wish I could give you a direct reference, but I can't.  I believe that PA 
law says you must post a notice at the office and in the newspaper informing patients 
of the closure and tell them how they can obtain their records if they want to.  I'm 
not sure how long the notice must be posted and for how long the records must be 
stored somewhere in this instance.  Patients can be given their original medical 
records in this case as well as far as I know.  Please someone out there feel free to 
correct me.

 Cathy Campbell [EMAIL PROTECTED] 01/28/03 02:48PM 
I have an interesting question that I need some help with. We had an office
manager call today inquiring about a problem that I don't know how to
respond to her.  She is in a practice where a physician shared expenses and
leased space from her practice (he was his own entity).  The physician
passed away over the weekend.  They are unsure of what to do with the
medical records.  They do not belong to the practice, the belonged to the
physician who passed away.  Can the manager give the original charts to the
patients?
Thanks for any and all input!
 
 
Cathy A. Campbell
HIPAA Compliance Specialist
Healthcare Compliance Group
(317)575-1041
(800)816-1161
(317)575-1043 (fax)
 


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Re: Any HIPAA Humor tools out there?

2003-01-29 Thread Ken Steen
Title: Message



Some of this stuff sure looks funny to me. 
:)

Ken Steen
Apollo


  - Original Message - 
  From: 
  Brett Hacker 
  To: WEDI SNIP Privacy Workgroup List 
  
  Sent: Wednesday, January 29, 2003 6:37 
  AM
  Subject: RE: Any HIPAA Humor tools out 
  there?
  
  I don't know anything about HIPAA humor, 
  but everyone should relax regarding the rumor I heard yesterday out of 
  Washington: it was a HIPPO that died over the weekend at the National Zoo in 
  Washington, not HIPAA.
  

-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 
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RE: Medical Records

2003-01-29 Thread Rachel Foerster
Furthermore, any action of this  nature should/would be the responsibility
of the deceased physician's executor and not the practice. The practice
appears not to own the med recs, etc.

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: Patricia Conroe [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 29, 2003 7:43 AM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: Medical Records


There are specific requirements in state laws that say what happens when a
practice closes.  I wish I could give you a direct reference, but I can't.
I believe that PA law says you must post a notice at the office and in the
newspaper informing patients of the closure and tell them how they can
obtain their records if they want to.  I'm not sure how long the notice must
be posted and for how long the records must be stored somewhere in this
instance.  Patients can be given their original medical records in this case
as well as far as I know.  Please someone out there feel free to correct me.

 Cathy Campbell [EMAIL PROTECTED] 01/28/03 02:48PM 
I have an interesting question that I need some help with. We had an office
manager call today inquiring about a problem that I don't know how to
respond to her.  She is in a practice where a physician shared expenses and
leased space from her practice (he was his own entity).  The physician
passed away over the weekend.  They are unsure of what to do with the
medical records.  They do not belong to the practice, the belonged to the
physician who passed away.  Can the manager give the original charts to the
patients?
Thanks for any and all input!


Cathy A. Campbell
HIPAA Compliance Specialist
Healthcare Compliance Group
(317)575-1041
(800)816-1161
(317)575-1043 (fax)



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Re: Any HIPAA Humor tools out there?

2003-01-29 Thread fwdanby



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 bewilling to share? I am doing a presentation later 
  today and I am lookingfor 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 
  time.You are currently subscribed to wedi-privacy as: 
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NPP revisions

2003-01-29 Thread Traci Winter



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 thatthe 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: Any HIPAA Humor tools out there?

2003-01-29 Thread Catherine Lohmeier
Also, for what it's worthit's a bit dated but you might be able
to punch it up...

I saw a newspaper cartoon of a doctor talking to a patient...the
patient had a horrified look on her facethe caption was the
doctor saying...did I have your medical records sent over?  Heck no,
I just downloaded them from Napster.


Catherine Lohmeier
Sr. Business Consultant
PCI: e-commerce for healthcare
ph. 402-304-1918
www.hipaasurvival.com


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RE: Any HIPAA Humor tools out there?

2003-01-29 Thread Artis, David (CC-Contractor)



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 
  PMTo: WEDI SNIP Privacy Workgroup ListCc: WEDI SNIP 
  Privacy Workgroup ListSubject: 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 bewilling to share? I am doing a presentation 
later today and I am lookingfor 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 time.You are currently subscribed to 
wedi-privacy as: [EMAIL PROTECTED]To unsubscribe from this list, go to 
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email to [EMAIL PROTECTED]If you need to 
unsubscribe but your current email address is not the same as the address 
subscribed to the list, please use the Subscribe/Unsubscribe form at 
http://subscribe.wedi.org---The WEDI SNIP 
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RE: Business Associate Question

2003-01-29 Thread Darrell Rishel
In the context of using such temp agencies to provide fill-in staff, they
are in either case  members of the workforce.

Darrell Rishel, J.D.
Director of Information Services
Arapahoe House, Inc.

This message is not legal advice or a binding signature.


-Original Message-
From: Giesecke, Steve [mailto:[EMAIL PROTECTED]] 
Sent: Wednesday, January 29, 2003 12:42 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Business Associate Question


Would appreciate responses to the following BA classification determination:
 
With respect to Nurse staffing and other medical staffing agencies,
including home health care, my assessment is that if nurses are providing
treatment services, they (generally) are not BA's and no BAA is needed (as
with a provider - provider or plan - provider relationship; treatment
exemption applies).  If they are providing other professional or
administrative services such as UM/QM/CM ( come into contact with PHI) then
a BAA with the agencies providing them is needed.
 
Don't want to oversimplify in terms of my assumptions, however anywhere in
HIPAA you can simplify is good!
 
Thank you,
 
Steve Giesecke
Independent Consultant
Subcontractor to Sierra Systems
(360) 561-3803
 
 
 
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ޞצj)ZuȬm婙u.n捥+azX^jǮay+۱
m˛
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RE: Any HIPAA Humor tools out there?

2003-01-29 Thread bradigan
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,  mailto:[EMAIL PROTECTED] Judith 
 To: WEDI SNIP Privacy Workgroup  mailto:[EMAIL PROTECTED] 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
 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 time.
 
 You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]
 To unsubscribe from this list, go to the Subscribe/Unsubscribe form at
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 form at http://subscribe.wedi.org
 
 
 
 
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RE: Any HIPAA Humor tools out there?

2003-01-29 Thread Christiansen, John (SEA)



Who's 
doing this?

Can 
you guess what law schools are promoting coursesin 
successful litigation under HIPAA regulations? Wehave 
at least one here in Florida I am aware of.

Please let me know, I'd 
love to see the curriculum andfigure out the holes in it, perhaps work up 
articles to help judges reject HIPAA claims. Something like this would 
becounter-productive andwould 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 abouttwo dozen half-day statemedical 
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 messup 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 thoughtto 
keep lawyer slamming in perspective.

John R. Christiansen Preston 
| Gates | Ellis LLP PLEASE 
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RE: NPP revisions

2003-01-29 Thread Mimi Hart
My non-legal opinion is that this is overkill...and that patients will
annoyed. I don't believe that was the intent of the privacy regulations.


1. Why do you expect your NPP to change frequently? Is it so specific
that every new request for data (such as from a new accreditation
agency) will cause it to be updated?
2. Could you date or letter your NPP so it is easier to recognize which
edition/version was given? If your application can accomodate a yes/no
to show they received it, why could it not accomodate a date or letter?
3. Think of the costs of this practice. Will you be keeping paper
copies, which must be filed, or electronic copies, which take up disk
space? 

My personal opinion only. Mimi

Mimi Hart Ó¿Õ*
Research Analyst, HIPAA
Iowa Health System
319-369-7767 (phone)
319-369-8365 (fax)
319-490-0637 (pager)
[EMAIL PROTECTED]
 Matthew Rosenblum [EMAIL PROTECTED] 01/29/03 18:56 PM 
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 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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that is privileged, confidential and exempt from disclosure under
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distribute it.  Please notify the sender by E-Mail at the address shown
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delete the original message. Thank you.

 

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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distribuya.
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 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: Business Associate Question

2003-01-29 Thread Matthew Rosenblum
Steve,

You are correct. UM/UR is a payment activity, and many QM activities are
health care operations.  When performed by the nurses (as you described
below), the nurses would be acting in the capacity of BAs, and a CE would
want to consider signing a BAC with the agency that provides the help.

However, please note that in the Preamble to the (initial) Final Privacy
rules, HHS says that, .independent contractors may or may not be
workforce members.  However, for compliance purposes we will assume that
such personnel are members of the workforce if no business associate
contract exists.
 
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
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AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del
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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: Giesecke, Steve [mailto:[EMAIL PROTECTED]] 
Sent: Wednesday, January 29, 2003 2:42 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Business Associate Question

Would appreciate responses to the following BA classification determination:
 
With respect to Nurse staffing and other medical staffing agencies,
including home health care, my assessment is that if nurses are providing
treatment services, they (generally) are not BA's and no BAA is needed (as
with a provider - provider or plan - provider relationship; treatment
exemption applies).  If they are providing other professional or
administrative services such as UM/QM/CM ( come into contact with PHI) then
a BAA with the agencies providing them is needed.
 
Don't want to oversimplify in terms of my assumptions, however anywhere in
HIPAA you can simplify is good!
 
Thank you,
 
Steve Giesecke
Independent Consultant
Subcontractor to Sierra Systems
(360) 561-3803
 


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Authentication of IVR users

2003-01-29 Thread Hatz Maria R
How are folks addressing the authentication of providers (or their staff)
into an IVR system that provides eligibility information about members?
This question can also be generalized to any means of communication - how do
you authenticate a live caller who claims to be from a provider office, or a
web user?  

The IVR system in question is typically used to check eligibility on the
spot for a presenting patient.  It can be a contracted or non-contracted
provider calling the IVR, so maybe the provider is known in some way to the
healthplan or maybe not.   Requiring that the provider register in some
fashion to be able to get eligibility information from an IVR seems to be
reasonable so long as current capability is still available while performing
the registration process.   

One of the things we're kicking around is allowing a non-registered provider
to receive extremely basic information (eligible Y/N, since what date, copay
=$x), and maybe not even confirm back the name of the member whose ID was
entered, just confirm what number was entered.

For a registered provider who identifies him/herself via a login  PIN, we
would confirm back the member's name, provide all the basic information plus
whatever else is appropriate.   

Any thoughts?

Maria Hatz
HIPAA Project Management




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Re: NPP revisions

2003-01-29 Thread Noel Chang
Yes, it is not necessary.

You only have to obtain written acknowledgment of an individual's receipt of 
your NPP one time (on the first service delivery after the compliance date).

After that, if you subsequently revise your NPP you only need to post the 
revised notice in your facility, and make it available to people on request.  
There is no need to track which version of the NPP they received, nor is 
there a requirement to obtain another acknowledgment if you issue a later 
revision of your NPP.  I believe this has been clarified on the CMS web site 
thorugh their FAQ's, and in the December guidance issued by OCR.  I'm sure I 
could cite you the exact source if you have trouble convincing your other 
committee members.

Noel Chang

--
Open WebMail Project (http://openwebmail.org)


-- Original Message ---
From: Traci Winter [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Wed, 29 Jan 2003 14:26:30 -0500
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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 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 
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