RE: NPP in Other Languages

2003-03-18 Thread Line, Phyllis
Title: RE: NPP in Other Languages





We are translating our notice into Spanish. 


-Original Message-
From: Kathy Findley [mailto:[EMAIL PROTECTED]]
Sent: Monday, March 17, 2003 1:08 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP in Other Languages



Hello All!
I don't belive it's required according to the regulations, however, what is
everyone doing about having a version of the NPP in Spanish or other
languages?
Kf


Kathy Findley
Coordinator - Information Services and HIPAA
St. Joseph's Hospital Health Center
Phone - (315) 448-6111
Beeper - (315) 467-4180
Text Page - [EMAIL PROTECTED]



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Privileged and Confidential: The information contained in this e-mail message is intended only for the personal and confidential use of the intended recipient(s). If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify [EMAIL PROTECTED], and delete the original message.


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Re: NPP in Other Languages

2003-03-18 Thread Beth Cole
As are we.  We have a part-time professional translator on staff who 
is/will be translating all of our HIPAA-related patient correspondence 
for us.

Beth

Line, Phyllis wrote:

We are translating our notice into Spanish.

-Original Message-
From: Kathy Findley [mailto:[EMAIL PROTECTED]
Hello All!
I don't belive it's required according to the regulations, however, 
what is
everyone doing about having a version of the NPP in Spanish or other
languages?
Kf



--
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas


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Re: NPP in Other Languages

2003-03-18 Thread Sonya . Springer

This message is intended only for certain recipients and may be privileged
or confidential.  If you have received it in error,
please notify us and delete it without making or retaining a copy.

THIS IS NOT LEGAL ADVICE. PLEASE CONSULT YOUR OWN COUNSEL.

While HIPAA may not require the NPP or other important documents to be
provided in multiple languages, there are other laws to keep in mind. Title
VI of the Civil Rights Act requires entities receiving federal funds to
provide reasonable accommodations to those who are are limited English
proficient (LEP). This includes providing translation of important
documents and interpreters. Each Federal agency is coming up with its own
guidelines.  DHHS has guidelines. You may want to check the LEP website
www.LEP.gov.
___
Sonya L.C. Springer
Assistant City Solicitor
Commercial Law Unit
City of Philadelphia Law Dept.
1515 Arch Street, 17th Fl.
Philadelphia, PA 19102

PLEASE NOTE THE  NEW PHONE NUMBER
Direct dial (215) 683-5051
Fax (215) 683-5069


   

Kathy Findley  

[EMAIL PROTECTED]   To: WEDI SNIP Privacy Workgroup 
List  
jhsyr.org  [EMAIL PROTECTED]  
   cc: 

03/17/2003 02:07   Subject: NPP in Other Languages 

PM 

Please respond 

to Kathy Findley   

   

   





Hello All!
I don't belive it's required according to the regulations, however, what is
everyone doing about having a version of the NPP in Spanish or other
languages?
Kf

Kathy Findley
Coordinator - Information Services and HIPAA
St. Joseph's Hospital Health Center
Phone - (315) 448-6111
Beeper - (315) 467-4180
Text Page - [EMAIL PROTECTED]


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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.

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Grievance, Notice of PP

2003-03-18 Thread Craig Moen

On our notice we have listed detailed information on who to contact at our
office in the event of a complaint.  We also state that the patient may
complain directly to the U.S. Secretary of DHHS.
1.  Does that need to be listed?(seems like I remember it has to be on the
NPP)
2.  Do we need to list the address/contact to file a complaint specifically
to DHHS as we did to complain to us?

Craig Moen
Director of Rehab
THERAPY 2000


Confidential Information
This email message is intended only for the person or entity to which it is
addressed. Unless otherwise indicated or obvious by the nature of this
transmittal, the information contained in this email message is privileged
and confidential, intended for the use of the intended recipient (or the
employee or agent responsible to deliver to the intended recipient), you are
hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the
original message
THERAPY 2000
1881 Sylvan Avenue Suite 210
Dallas, Tx 75208


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RE: Grievance, Notice of PP

2003-03-18 Thread Deborah Campbell
Title: RE: Grievance, Notice of PP





I survived another list serve about this same question. We do have to say in the Notice that they can complain directly to the Secretary. But the regs do not say you have to list the contact info for them (you do for your organization.)

After asking the other list serve, the majority of people said they were not including the contact info for the Secretary in their Notice. But they would include it in a resolution letter about a complaint and would supply it if they were asked.

Hope that helps.
Deborah Campbell
Compliance Coordinator


Dominion Dental Services, Inc.
115 South Union Street, Suite 300
Alexandria, Virginia 22314


Phn: (703) 518-5000 ext. 3035
Fax: (703) 518-8849
Toll Free: 888-518-5338
Email: [EMAIL PROTECTED]


***
The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorized.

If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful.

*




-Original Message-
From: Craig Moen [mailto:[EMAIL PROTECTED]]
Sent: Tuesday, March 18, 2003 2:35 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Grievance, Notice of PP




On our notice we have listed detailed information on who to contact at our
office in the event of a complaint. We also state that the patient may
complain directly to the U.S. Secretary of DHHS.
1. Does that need to be listed?(seems like I remember it has to be on the
NPP)
2. Do we need to list the address/contact to file a complaint specifically
to DHHS as we did to complain to us?


Craig Moen
Director of Rehab
THERAPY 2000



Confidential Information
This email message is intended only for the person or entity to which it is
addressed. Unless otherwise indicated or obvious by the nature of this
transmittal, the information contained in this email message is privileged
and confidential, intended for the use of the intended recipient (or the
employee or agent responsible to deliver to the intended recipient), you are
hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the
original message
THERAPY 2000
1881 Sylvan Avenue Suite 210
Dallas, Tx 75208



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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.

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RE: Grievance, Notice of PP

2003-03-18 Thread Deborah Campbell
Title: RE: Grievance, Notice of PP



While 
"surviving" HIPAA is a challenge for us all.I meant to say I "surveyed" 
another list serve. 
Guess 
that wasa Freudian slip.
Deborah Campbell


  -Original Message-From: Deborah Campbell 
  [mailto:[EMAIL PROTECTED]Sent: Tuesday, March 18, 2003 
  3:34 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: 
  Grievance, Notice of PP
  I survived another list serve about this same question. We do 
  have to say in the Notice that they can complain directly to the Secretary. 
  But the regs do not say you have to list the contact info for them (you do for 
  your organization.)
  After asking the other list serve, the majority of people said 
  they were not including the contact info for the Secretary in their Notice. 
  But they would include it in a resolution letter about a complaint and would 
  supply it if they were asked.
  Hope that helps. Deborah 
  Campbell Compliance Coordinator 
  Dominion Dental Services, Inc. 115 
  South Union Street, Suite 300 Alexandria, Virginia 
  22314 
  Phn: (703) 518-5000 ext. 3035 Fax: 
  (703) 518-8849 Toll Free: 888-518-5338 
  Email: [EMAIL PROTECTED] 
  *** The information in this email is confidential and may be legally 
  privileged. It is intended solely for the addressee. Access to 
  this email by anyone else is unauthorized.
  If you are not the intended recipient, any disclosure, 
  copying, distribution or any action taken or omitted to be taken in reliance 
  on it is prohibited and may be unlawful.
  * 
  
  -Original Message- From: Craig 
  Moen [mailto:[EMAIL PROTECTED]] 
  Sent: Tuesday, March 18, 2003 2:35 PM To: WEDI SNIP Privacy Workgroup List Subject: 
  Grievance, Notice of PP 
  On our notice we have listed detailed information on who to 
  contact at our office in the event of a 
  complaint. We also state that the patient may complain directly to the U.S. Secretary of DHHS. 1. Does that need to be listed?(seems like I remember it has to 
  be on the NPP) 2. Do we 
  need to list the address/contact to file a complaint specifically 
  to DHHS as we did to complain to us? 
  Craig Moen Director of Rehab 
  THERAPY 2000 
  Confidential Information This email 
  message is intended only for the person or entity to which it is 
  addressed. Unless otherwise indicated or obvious by the 
  nature of this transmittal, the information contained 
  in this email message is privileged and confidential, 
  intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), 
  you are hereby notified that any dissemination, 
  distribution or copying of this communication is 
  strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of 
  the original message THERAPY 
  2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 
  --- 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 http://subscribe.wedi.org or send a blank 
  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 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 http://subscribe.wedi.org or send a blank email 
  to [EMAIL PROTECTED]If you need to unsubscribe 
  but your 

psych notes

2003-03-18 Thread PORTEGACFCC
Our practice is family practice. We contract in a LCSW who uses our charts for her progress notes. I understand that mental health is handled differently than that of a PCP as far as authorizations for release of info. (we need specific auth to release). I also remember reading somewhere that mental health needs to be "seperately identifiable" in the chart. Can someone help me out with this? We do not have a seperate divider in the chart for mental health however we do have the LCSW use blue progress notes. This seems reasonable to me to satisfy the "seperately identifiable". Any words of advise?

Paulette Ortega
Practice Administrator
Comprehensive Family Care Center
2002 Lake Ave., Ste. D
Pueblo, CO 81004
(719) 562-1122
---
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RE: Grievance, Notice of PP

2003-03-18 Thread KERBER, JEFF
Title: RE: Grievance, Notice of PP



Our NPP refers to 
both, but doesn't identify me by name. We put Privacy Officer with the system 
address and the main phone number. This way, if the privacy officer changes or 
my extension changes, the NPP won't have to and we wouldn't have to send it out 
all over again.


-Original Message-From: 
Deborah Campbell [mailto:[EMAIL PROTECTED]Sent: Tuesday, 
March 18, 2003 2:34 PMTo: WEDI SNIP Privacy Workgroup 
ListSubject: RE: Grievance, Notice of PP

  I survived another list serve about this same question. We do 
  have to say in the Notice that they can complain directly to the Secretary. 
  But the regs do not say you have to list the contact info for them (you do for 
  your organization.)
  After asking the other list serve, the majority of people said 
  they were not including the contact info for the Secretary in their Notice. 
  But they would include it in a resolution letter about a complaint and would 
  supply it if they were asked.
  Hope that helps. Deborah 
  Campbell Compliance Coordinator 
  Dominion Dental Services, Inc. 115 
  South Union Street, Suite 300 Alexandria, Virginia 
  22314 
  Phn: (703) 518-5000 ext. 3035 Fax: 
  (703) 518-8849 Toll Free: 888-518-5338 
  Email: [EMAIL PROTECTED] 
  *** The information in this email is confidential and may be legally 
  privileged. It is intended solely for the addressee. Access to 
  this email by anyone else is unauthorized.
  If you are not the intended recipient, any disclosure, 
  copying, distribution or any action taken or omitted to be taken in reliance 
  on it is prohibited and may be unlawful.
  * 
  
  -Original Message- From: Craig 
  Moen [mailto:[EMAIL PROTECTED]] 
  Sent: Tuesday, March 18, 2003 2:35 PM To: WEDI SNIP Privacy Workgroup List Subject: 
  Grievance, Notice of PP 
  On our notice we have listed detailed information on who to 
  contact at our office in the event of a 
  complaint. We also state that the patient may complain directly to the U.S. Secretary of DHHS. 1. Does that need to be listed?(seems like I remember it has to 
  be on the NPP) 2. Do we 
  need to list the address/contact to file a complaint specifically 
  to DHHS as we did to complain to us? 
  Craig Moen Director of Rehab 
  THERAPY 2000 
  Confidential Information This email 
  message is intended only for the person or entity to which it is 
  addressed. Unless otherwise indicated or obvious by the 
  nature of this transmittal, the information contained 
  in this email message is privileged and confidential, 
  intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), 
  you are hereby notified that any dissemination, 
  distribution or copying of this communication is 
  strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of 
  the original message THERAPY 
  2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 
  --- 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 http://subscribe.wedi.org 
  or send a blank 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 
  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 

RE: NPP type size?

2003-03-18 Thread Keith Tularaksa
I'm sorry to beat this one to death, but is there a citation for California
stating that the font size has to be 12 pt for NPP?  

Thanks,
Keith Tularaksa
HIPAA Project Manager
Star HRG
(602) 749-7600, ext. 1490
email: [EMAIL PROTECTED]

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED] 
Sent:   Friday, March 14, 2003 11:29 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

This question was asked recently, and the answer was that in California the
type size must be 12 pt.

Also:
From the final Privacy Regulation Preamble:

Plain Language

As in the proposed rule, we require the notice to be written in plain
language. A covered entity can satisfy the plain language requirement if it
makes a reasonable effort to: organize material to serve the needs of the
reader; write short sentences in the active voice, using ``you'' and other
pronouns; use common, everyday words in sentences; and divide material into
short sections.

[[Page 82549]]

We do not require particular formatting specifications, such as
easy-to-read design features (e.g., lists, tables, graphics, contrasting
colors, and white space), TYPE FACE, AND FONT SIZE. However, the purpose of
the notice is to inform the recipients about their rights and how protected
health information collected about them may be used or disclosed. Recipients
who cannot understand the covered entity's notice will miss important
information about their rights under this rule and about how the covered
entity is protecting health information about them. One of the goals of this
rule is to create an environment of open communication and transparency with
respect to the use and disclosure of protected health information. A lack of
clarity in the notice could undermine this goal and create
misunderstandings. Covered entities have an incentive to make their notice
statements clear and concise. We believe that the more understandable the
notice is, the more confidence the public will have in the covered entity's
commitment to protecting the privacy of health information

and

Comment: We received many comments on the model notice provided in the
proposed ruleA few commenters recommended specific formatting
requirements, such as FONT SIZE OR TYPE.

Response: On the whole, we found commenters' arguments for flexibility
in the regulation more persuasive than those arguing for more
standardization. We agree that a uniform notice would not capture the wide
variation in information practices across covered entities. We therefore do
not include a model notice in the final rule, and do not require inclusion
of specific language in the notice (except for a standard header). We also
do not require particular formatting. We do, however, require the notice to
be written in plain language. (See above for guidance on writing documents
in plain language.) We also agree with commenters that the notice should
contain a standard header to draw the individual's attention to the notice
and facilitate the individual's ability to recognize the notice across
covered entities (emphases added)





-Original Message-
From: Musser, Marilyn J [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 10:16 AM
To: Sherry Neuman; WEDI SNIP Privacy Workgroup List
Subject: RE: NPP type size?


Hi- the body type for our NOPP is 10 pt - see it on our web site:
http://www.wellmark.com/e_business/pdf/T-2601.pdf



Marilyn Musser
Provider Relations Manager
HIPAA-AS Communications Office
Wellmark, Inc.
phone: 515.248.5588
fax: 515.245.4620
[EMAIL PROTECTED]

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED] 
Sent:   Friday, March 14, 2003 10:55 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

Please reply to all.




-Original Message-
From: Beth Cole [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 7:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP type size?


I've seen several references on various mailing lists to something said 
at one of the OCR regional conferences regarding the mandated font size 
of the NPP.   What I'm seeing indicates that attendees at the conference 
were told that in order to comply with other Medicare regulations, the 
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at 
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or 
was this someone talking at a conference who didn't know what he was 
talking about?

Thanks!

Beth

-- 
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas



---
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 

Re: NPP in Other Languages

2003-03-18 Thread David Ermer
It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested),
or electronic delivery under certain circumstances and on when you need
to translate such plan documents into another language. If your covered
entity is governed by ERISA, I suggest that you apply these rules. If
you covered entity is not governed by ERISA, you still may find the
guidance helpful. I have quoted the foreign language and mailing
guidance below. Best regards, Dave Ermer

29 C.F.R. §2520.102-2 Style and Format of SPD:

(c) Foreign languages. In the case of either--
(1) A plan that covers fewer than 100 participants at the beginning

of a plan year, and in which 25 percent or more of all plan
participants 
are literate only in the same non-English language, or
(2) A plan which covers 100 or more participants at the beginning
of 
the plan year, and in which the lesser of (i) 500 or more participants,

or (ii) 10% or more of all plan participants are literate only in the 
same non-English language, so that a summary plan description in
English 
would fail to inform these participants adequately of their rights and

obligations under the plan, the plan administrator for such plan shall

provide these participants with an English-language summary plan 
description which prominently displays a notice, in the non-English 
language common to these participants, offering them assistance. The 
assistance provided need not involve written materials, but shall be 
given in the non-English language common to these participants and
shall 
be calculated to provide them with a reasonable opportunity to become 
informed as to their rights and obligations under the plan. The notice

offering assistance contained in the summary plan description shall 
clearly set forth in the non-English language common to such 
participants offering them assistance. The assistance provided need not

involve written materials, but shall be given in the non-English 
language common to these participants and shall be calculated to
provide 
them with a reasonable opportunity to become informed as to their
rights 
and obligations under the plan. The notice offering assistance
contained 
in the summary plan description shall clearly set forth in the non-
English language common to such participants the procedures they must 
follow in order to obtain such assistance.

Example. Employer A maintains a pension plan which covers 1000 
participants. At the beginning of a plan year five hundred of Employer

A's covered employees are literate only in Spanish, 101 are literate 
only in Vietnamese, and the remaining 399 are literate in English. Each

of the 1000 employees receives a summary plan description in English, 
containing an assistance notice in both Spanish and Vietnamese stating

the following:
``This booklet contains a summary in English of your plan rights
and 
benefits under Employer A Pension Plan. If you have difficulty 
understanding any part of this booklet, contact Mr. John Doe, the plan

administrator, at his office in Room 123, 456 Main St., Anywhere City,

State 20001. Office hours are from 8:30 A.M. to 5:00 P.M. Monday
through 
Friday. You may also call the plan administrator's office at (202)
555-
2345 for assistance.''

29 C.F.R §2520.104b-1 Disclosure

(a) General disclosure requirements. The administrator of an 
employee benefit plan covered by part 1 of title I of the Act must 
disclose certain material, including reports, statements and documents,

to participants and beneficiaries. Disclosure under part 1 takes three

forms. First, the plan administrator must, by direct operation of law,

furnish certain material to all participants covered under the plan and

beneficiaries receiving benefits under the plan (other than 
beneficiaries under a welfare plan) at stated times or if certain
events 
occur. Second, the plan administrator must furnish certain material to

individual participants and beneficiaries upon their request. Third,
the 
plan administrator must make certain material available to participants

and beneficiaries for inspection at reasonable times and places.
(b) Fulfilling the disclosure obligation. (1) Where certain 
material, including reports, statements and documents, is required
under 
part 1 of the Act and this part to be furnished either by direct 
operation of law or on individual request, the plan administrator
shall
use measures reasonably calculated to ensure actual receipt of the 
material by plan participants and beneficiaries. Material which is 
required to be furnished to 

RE: Grievance, Notice of PP

2003-03-18 Thread Sherry Neuman
Title: Message



You 
may just list the title of the person in your office who is responsible for 
receiving complaints, along with the phone number. It's not required that you 
provide the contact information for the Secretary, but I think it's a good idea 
to be forthcoming with that information. By listing the title or office, you 
won't need to change your Notice whenever personnel designations 
change.

Here 
are the citations from the Final Rule:

§ 164.520 Notice of privacy practices for protected health information 


(vi) Complaints. The notice must contain a statement that individuals 
may complain to the covered entity and to the Secretary if they believe their 
privacy rights have been violated, a brief description of how the individual may 
file a complaint with the covered entity, and a statement that the individual 
will not be retaliated against for filing a complaint. 
(vii) Contact. The notice must contain the name, 
or title, and telephone number of a person or office to contact for further 
information as required by § 164.530(a)(1)(ii).


§ 164.530 Administrative requirements. 

(a)(1) Standard: personnel designations. 
(i) A covered entity must designate a privacy official who is responsible for 
the development and implementation of the policies and procedures of the entity. 
(ii) A covered entity must designate a contact person or 
office who is responsible for receiving complaints under this section and who is 
able to provide further information about matters covered by the notice required 
by § 164.520.


Regards,
Sherry L. Neuman, 
PharmD

Compliance Solutions for 
Healthcare
[EMAIL PROTECTED]
Direct: 
209-744-0447
Mobile: 
916-747-0999

HIPAA Privacy 
Deadline is April 14, 2003!

  
  -Original Message-From: Deborah Campbell 
  [mailto:[EMAIL PROTECTED] Sent: Tuesday, March 18, 2003 
  12:34 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: 
  Grievance, Notice of PP
  I survived another list serve about this same question. We do 
  have to say in the Notice that they can complain directly to the Secretary. 
  But the regs do not say you have to list the contact info for them (you do for 
  your organization.)
  After asking the other list serve, the majority of people said 
  they were not including the contact info for the Secretary in their Notice. 
  But they would include it in a resolution letter about a complaint and would 
  supply it if they were asked.
  Hope that helps. Deborah 
  Campbell Compliance Coordinator 
  Dominion Dental Services, Inc. 115 
  South Union Street, Suite 300 Alexandria, Virginia 
  22314 
  Phn: (703) 518-5000 ext. 3035 Fax: 
  (703) 518-8849 Toll Free: 888-518-5338 
  Email: [EMAIL PROTECTED] 
  *** The information in this email is confidential and may be legally 
  privileged. It is intended solely for the addressee. Access to 
  this email by anyone else is unauthorized.
  If you are not the intended recipient, any disclosure, 
  copying, distribution or any action taken or omitted to be taken in reliance 
  on it is prohibited and may be unlawful.
  * 
  
  -Original Message- From: Craig 
  Moen [mailto:[EMAIL PROTECTED]] 
  Sent: Tuesday, March 18, 2003 2:35 PM To: WEDI SNIP Privacy Workgroup List Subject: 
  Grievance, Notice of PP 
  On our notice we have listed detailed information on who to 
  contact at our office in the event of a 
  complaint. We also state that the patient may complain directly to the U.S. Secretary of DHHS. 1. Does that need to be listed?(seems like I remember it has to 
  be on the NPP) 2. Do we 
  need to list the address/contact to file a complaint specifically 
  to DHHS as we did to complain to us? 
  Craig Moen Director of Rehab 
  THERAPY 2000 
  Confidential Information This email 
  message is intended only for the person or entity to which it is 
  addressed. Unless otherwise indicated or obvious by the 
  nature of this transmittal, the information contained 
  in this email message is privileged and confidential, 
  intended for the use of the intended recipient (or the employee or agent responsible to deliver to the intended recipient), 
  you are hereby notified that any dissemination, 
  distribution or copying of this communication is 
  strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of 
  the original message THERAPY 
  2000 1881 Sylvan Avenue Suite 210 Dallas, Tx 75208 
  --- 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 

RE: NPP in Other Languages

2003-03-18 Thread Christiansen, John (SEA)
Folks -

The plain language requirement for the NPP incorporates regulatory
requirements that include translation into other languages if they are a
material element of the population you serve. I did the research well over a
year ago so don't recall the citations, and don't have time to dig it up
just now, but I believe it was available via an OCR webpage. There are
criteria for determining what languages you need to include, and this would
apply to any CE, not just an employer plan.

John R. Christiansen
Preston | Gates | Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
*Direct: 206.370.8118 *Cell: 206.683.9125
* [EMAIL PROTECTED]
Notice: Internet e-mail is inherently insecure. Unencrypted e-mail may be
accessible to unauthorized viewers, content may be modified or corrupted,
and headers or signatures may incorrectly identify the sender. If you wish
to confirm this message or the identity of the sender, please contact me
using a communications channel other than a reply to this e-mail. Secure
electronic messaging is available and recommended for confidential or
sensitive communications.


-Original Message-
From: David Ermer [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 1:53 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP in Other Languages


It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested),
or electronic delivery under certain circumstances and on when you need
to translate such plan documents into another language. If your covered
entity is governed by ERISA, I suggest that you apply these rules. If
you covered entity is not governed by ERISA, you still may find the
guidance helpful. I have quoted the foreign language and mailing
guidance below. Best regards, Dave Ermer

29 C.F.R. §2520.102-2 Style and Format of SPD:

(c) Foreign languages. In the case of either--
(1) A plan that covers fewer than 100 participants at the beginning

of a plan year, and in which 25 percent or more of all plan
participants 
are literate only in the same non-English language, or
(2) A plan which covers 100 or more participants at the beginning
of 
the plan year, and in which the lesser of (i) 500 or more participants,

or (ii) 10% or more of all plan participants are literate only in the 
same non-English language, so that a summary plan description in
English 
would fail to inform these participants adequately of their rights and

obligations under the plan, the plan administrator for such plan shall

provide these participants with an English-language summary plan 
description which prominently displays a notice, in the non-English 
language common to these participants, offering them assistance. The 
assistance provided need not involve written materials, but shall be 
given in the non-English language common to these participants and
shall 
be calculated to provide them with a reasonable opportunity to become 
informed as to their rights and obligations under the plan. The notice

offering assistance contained in the summary plan description shall 
clearly set forth in the non-English language common to such 
participants offering them assistance. The assistance provided need not

involve written materials, but shall be given in the non-English 
language common to these participants and shall be calculated to
provide 
them with a reasonable opportunity to become informed as to their
rights 
and obligations under the plan. The notice offering assistance
contained 
in the summary plan description shall clearly set forth in the non-
English language common to such participants the procedures they must 
follow in order to obtain such assistance.

Example. Employer A maintains a pension plan which covers 1000 
participants. At the beginning of a plan year five hundred of Employer

A's covered employees are literate only in Spanish, 101 are literate 
only in Vietnamese, and the remaining 399 are literate in English. Each

of the 1000 employees receives a summary plan description in English, 
containing an assistance notice in both Spanish and Vietnamese stating

the following:
``This booklet contains a summary in English of your plan rights
and 
benefits under Employer A Pension Plan. If you have difficulty 
understanding any part of this booklet, contact Mr. John Doe, the plan

administrator, at his office in Room 123, 456 Main St., Anywhere City,

State 20001. Office hours are from 8:30 A.M. to 5:00 P.M. Monday
through 
Friday. You may also call the plan administrator's office at (202)
555-
2345 for assistance.''

29 C.F.R 

RE: NPP in Other Languages

2003-03-18 Thread CBowman

Limited English Proficiency (LEP) guidance at:
http://www.hhs.gov/ocr/lep/

If you are subject to Title VI, as it applies to LEP persons, below is safe
harbor gudiance from the above OCR resource:

Safe Harbor. The following actions will be considered strong evidence of
compliance with the recipient's written-translation obligations: 

(a) The DOJ recipient provides written translations of vital documents for
each eligible LEP language group that constitutes five percent or 1,000,
whichever is less, of the population of persons eligible to be served or
likely to be affected or encountered. Translation of other documents, if
needed, can be provided orally; or 

(b) If there are fewer than 50 persons in a language group that reaches the
five percent trigger in (a), the recipient does not translate vital written
materials but provides written notice in the primary language of the LEP
language group of the right to receive competent oral interpretation of
those written materials, free of cost. 

These safe harbor provisions apply to the translation of written documents
only. They do not affect the requirement to provide meaningful access to LEP
individuals through competent oral interpreters where oral language services
are needed and are reasonable. For example, correctional facilities should,
where appropriate, ensure that prison rules have been explained to LEP
inmates, at orientation, for instance, prior to taking disciplinary action
against them. 



Cindi Bowman
Quality and Compliance Coordinator
Catawba County Health Department
828-695-5847


-Original Message-
From: Christiansen, John (SEA) [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 5:43 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP in Other Languages


Folks -

The plain language requirement for the NPP incorporates regulatory
requirements that include translation into other languages if they are a
material element of the population you serve. I did the research well over a
year ago so don't recall the citations, and don't have time to dig it up
just now, but I believe it was available via an OCR webpage. There are
criteria for determining what languages you need to include, and this would
apply to any CE, not just an employer plan.

John R. Christiansen
Preston | Gates | Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
*Direct: 206.370.8118 *Cell: 206.683.9125
* [EMAIL PROTECTED]
Notice: Internet e-mail is inherently insecure. Unencrypted e-mail may be
accessible to unauthorized viewers, content may be modified or corrupted,
and headers or signatures may incorrectly identify the sender. If you wish
to confirm this message or the identity of the sender, please contact me
using a communications channel other than a reply to this e-mail. Secure
electronic messaging is available and recommended for confidential or
sensitive communications.


-Original Message-
From: David Ermer [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 1:53 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP in Other Languages


It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested),
or electronic delivery under certain circumstances and on when you need
to translate such plan documents into another language. If your covered
entity is governed by ERISA, I suggest that you apply these rules. If
you covered entity is not governed by ERISA, you still may find the
guidance helpful. I have quoted the foreign language and mailing
guidance below. Best regards, Dave Ermer

29 C.F.R. §2520.102-2 Style and Format of SPD:

(c) Foreign languages. In the case of either--
(1) A plan that covers fewer than 100 participants at the beginning

of a plan year, and in which 25 percent or more of all plan
participants 
are literate only in the same non-English language, or
(2) A plan which covers 100 or more participants at the beginning
of 
the plan year, and in which the lesser of (i) 500 or more participants,

or (ii) 10% or more of all plan participants are literate only in the 
same non-English language, so that a summary plan description in
English 
would fail to inform these participants adequately of their rights and

obligations under the plan, the plan administrator for such plan shall

provide these participants with an English-language summary plan 
description which prominently displays a notice, in the non-English 
language common to these participants, offering them assistance. The 
assistance provided need not involve written materials, but shall be 
given in the non-English 

RE: NPP type size?

2003-03-18 Thread Sherry Neuman
Title: Message



I cited the response that follows regarding 
12-point type requirements for notices and forms in California. Would you happen 
to have the citation for that?Thanks.-Original Message-From: Stanton, Clark 
[mailto:[EMAIL PROTECTED]]Sent: Monday, February 03, 2003 8:27 AMTo: Health 
Information and Technology ListSubject: [hit] RE: Privacy Notice/Font 
SizeI have not seen anything at the federal level. California 
passed a law last year that requires notices and forms given to patients be in 
at least 12 point type.Clark StantonDavis Wright Tremaine LLPSan 
Francisco-Original Message-From: Keith Tularaksa 
[mailto:[EMAIL PROTECTED]]Sent: 
Tuesday, March 18, 2003 1:26 PMTo: WEDI SNIP Privacy Workgroup 
ListSubject: RE: NPP type size?I'm sorry to beat this one to 
death, but is there a citation for California stating that the font size has to 
be 12 pt for NPP?Thanks,Keith TularaksaHIPAA Project 
ManagerStar HRG(602) 749-7600, ext. 1490email: 
[EMAIL PROTECTED]-Original Message-From:  
Sherry Neuman [mailto:[EMAIL PROTECTED]]Sent: Friday, March 14, 2003 11:29 
AMTo: WEDI SNIP Privacy Workgroup 
ListSubject: RE: NPP type 
size?This question was asked recently, and the answer was that in 
California the type size must be 12 pt.Also:From the final Privacy 
Regulation Preamble:"Plain Language As in the 
proposed rule, we require the notice to be written in plain language. A covered 
entity can satisfy the plain language requirement if it makes a reasonable 
effort to: organize material to serve the needs of the reader; write short 
sentences in the active voice, using ``you'' and other pronouns; use common, 
everyday words in sentences; and divide material into short 
sections.[[Page 82549]] We do not require 
particular formatting specifications, such as easy-to-read design features 
(e.g., lists, tables, graphics, contrasting colors, and white space), TYPE FACE, 
AND FONT SIZE. However, the purpose of the notice is to inform the recipients 
about their rights and how protected health information collected about them may 
be used or disclosed. Recipients who cannot understand the covered entity's 
notice will miss important information about their rights under this rule and 
about how the covered entity is protecting health information about them. One of 
the goals of this rule is to create an environment of open communication and 
transparency with respect to the use and disclosure of protected health 
information. A lack of clarity in the notice could undermine this goal and 
create misunderstandings. Covered entities have an incentive to make their 
notice statements clear and concise. We believe that the more understandable the 
notice is, the more confidence the public will have in the covered entity's 
commitment to protecting the privacy of health 
information"and"Comment: We received many comments on the 
model notice provided in the proposed ruleA few commenters recommended 
specific formatting requirements, such as FONT SIZE OR 
TYPE. Response: On the whole, we found commenters' 
arguments for flexibility in the regulation more persuasive than those arguing 
for more standardization. We agree that a uniform notice would not capture the 
wide variation in information practices across covered entities. We therefore do 
not include a model notice in the final rule, and do not require inclusion of 
specific language in the notice (except for a standard header). We also do not 
require particular formatting. We do, however, require the notice to be written 
in plain language. (See above for guidance on writing documents in plain 
language.) We also agree with commenters that the notice should contain a 
standard header to draw the individual's attention to the notice and facilitate 
the individual's ability to recognize the notice across covered entities" 
(emphases added)-Original Message-From: 
Musser, Marilyn J [mailto:[EMAIL PROTECTED]]Sent: 
Friday, March 14, 2003 10:16 AMTo: Sherry Neuman; WEDI SNIP Privacy 
Workgroup ListSubject: RE: NPP type size?Hi- the body type for 
our NOPP is 10 pt - see it on our web site: http://www.wellmark.com/e_business/pdf/T-2601.pdfMarilyn MusserProvider Relations ManagerHIPAA-AS 
Communications OfficeWellmark, Inc.phone: 515.248.5588fax: 
515.245.4620[EMAIL PROTECTED]-Original 
Message-From:  Sherry Neuman [mailto:[EMAIL PROTECTED]]Sent: Friday, March 14, 2003 10:55 
AMTo: WEDI SNIP Privacy Workgroup 
ListSubject: RE: NPP type 
size?Please reply to all.-Original 
Message-From: Beth Cole [mailto:[EMAIL PROTECTED]]Sent: 
Friday, March 14, 2003 7:23 AMTo: WEDI SNIP Privacy Workgroup 
ListSubject: NPP type size?I've seen several references on 
various mailing lists to something saidat one of the OCR regional 
conferences regarding the mandated font sizeof the NPP. What I'm 
seeing indicates that attendees at the conferencewere told that in order to 
comply with other Medicare regulations, thetype 

RE: NPP in Other Languages

2003-03-18 Thread Charles H. Thulin
John,

I don't agree that the plain language requirement of the privacy
regulations requires translation of the NPP into other languages.

In its discussion of the plain language requirement in the preamble to
the final privacy regulations DHHS notes that Title VI of the Civil
Rights Act -- a separate statute -- generally requires entities that
receive Federal financial assistance to provide material ordinarily
distributed to the public in the primary languages of persons with
limited English proficiency in the recipients' service areas, 65
Fed.Reg. 82461, 82549 (December 28, 2000),  thereby creating an
obligation in some cases -- for entities that are subject to Title VI --
to provide the HIPAA notice in non-English languages.  

Employer group health plans, for example, aren't subject to Title VI
(they don't receive Federal funds), and thus aren't required by Title VI
to provided notices in non-English languages.  DHHS suggests in the
preamble that the Title VI standards provide helpful guidance [to
covered entities that are not subject to Title IV] for effectively
communicating the content of their notices to non-English speaking
populations. 65 Fed.Reg. 82461, 82549 (December 28, 2000). That's no
mandate for employer group health plans (or any other covered entity
that's not subject to Title VI) to translate NPPs into non-English
languages.  

I think the OCR advice you refer to may be its Policy Guidance on the
Prohibition Against National Origin Discrimination as it Affects Persons
with Limited English Proficiency, 65 Fed. Reg. 52762, 53768 (August 30,
2000),
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register;
docid=00-22140-filed, which creates a compliance safe harbor when an
entity covered by Title VI translates vital documents for groups of
limited-English proficiency individuals who are at least 5% of the
population of eligible individuals to be served.

Regarding Mr. Ermer's comment concerning SPD's, the regulation he cites
does not require translat[ion of] such plan documents into another
language.  It merely requires that English-language summary plan
descriptions in certain instances provide a notice in a non-English
language that assistance available from the plan administrator.  See
also Diaz v. United Agric. Employee Welfare Benefit Plan  Trust, 50
F.3d 1478, 1485 (9th Cir. 1995)(in no instance has the Secretary [of
Labor], after having given full consideration to the problems of
workforces that are not English-language-literate, imposed any
requirement that the operative document itself - either any summary plan
description . . . or any summary annual report . . . or any denial of
benefits such as those involved in this case . . .  - must be furnished
to employees in their native tongues.) There is no analogy to ERISA
that supports translation of the NPP into non-English lanaguages.

Charles H. Thulin
Ekman, Bohrer  Thulin, P.S.
220 West Mercer Street, Suite 400
Seattle, WA 98119
(206) 282-8221


-Original Message-
From: Christiansen, John (SEA) [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 2:43 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP in Other Languages


Folks -

The plain language requirement for the NPP incorporates regulatory
requirements that include translation into other languages if they are a
material element of the population you serve. I did the research well
over a
year ago so don't recall the citations, and don't have time to dig it up
just now, but I believe it was available via an OCR webpage. There are
criteria for determining what languages you need to include, and this
would
apply to any CE, not just an employer plan.

John R. Christiansen
Preston | Gates | Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
*Direct: 206.370.8118 *Cell: 206.683.9125
* [EMAIL PROTECTED]
Notice: Internet e-mail is inherently insecure. Unencrypted e-mail may
be
accessible to unauthorized viewers, content may be modified or
corrupted,
and headers or signatures may incorrectly identify the sender. If you
wish
to confirm this message or the identity of the sender, please contact me
using a communications channel other than a reply to this e-mail.
Secure
electronic messaging is available and recommended for confidential or
sensitive communications.


-Original Message-
From: David Ermer [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 1:53 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP in Other Languages


It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested),
or