RE: Disclosing Claims Info to Fully-Insured Group MovingtoSelf- Fund ed
Oncethe group hascertified, doesn't the group have to become fully HIPAA Privacy Compliant? It's not the responsibility of the "discloser of the data", but perhaps of some interest to the group. A discrete word to the wise might be appreciated by the group, since they might not know fully what they are getting into! - - - 20 calendar / 14 work days until HIPAA Privacy takes effect!All opinions expressed are my own and should not be construed to be Medical Mutual or Antares Management Solutions official policy. Jim Moores - HIPAA Team Leader - PrivacyAntares Management Solutions23700 Commerce Park RoadBeachwood, Ohio 44122-5832 [EMAIL PROTECTED]Phone: (216)292-1605Fax: (216)292-1619 "Deborah Campbell" [EMAIL PROTECTED] 03/24/03 01:05PM I agree. Any plan has the right to amend their plan documents to obtain this information. I was only trying to answer the question, how can we give the GHPthis information. (A GHP can be either self-insured or fully-insured). And the answer is, have them certify they have amended their plan documents. At least, I believe that is the answer. Deborah -Original Message-From: White, Karen [mailto:[EMAIL PROTECTED]Sent: Monday, March 24, 2003 12:53 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Disclosing Claims Info to Fully-Insured Group Moving to Self- Fund ed Once they have certified that they have made the appropriate changes, it doesn't matter if they are self-funded or fully 0nsured. HIPAA states that as a plan sponsor, they have needs for the information even if they are fully insured. Karen H. White Vice President Medstat -Original Message-From: Deborah Campbell [mailto:[EMAIL PROTECTED] Sent: Monday, March 24, 2003 12:02 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Disclosing Claims Info to Fully-Insured Group Moving to Self- Fund ed According to what I know about this, you would only be able to provide this type of information to the GHP if they certified to you that they amended their plan documents. But, I might be missing something. 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: Traci.Jensen [mailto:[EMAIL PROTECTED]Sent: Monday, March 24, 2003 11:58 AMTo: WEDI SNIP Privacy Workgroup ListSubject: Disclosing Claims Info to Fully-Insured Group Moving to Self-Fund ed Pursuant to 164.530(k) a group health plan is not subject to the Privacy standards if the group health plan provides health benefits solely through an insurance contract with a health insurance issuer or an HMO and the health insurane issuer or HMO with respect to the group health plan only discloses eligibility, enrollment and disenrollment information and summary information (claims information that doesn't identify a member) to an employer group. My two questions are: If a group health plan of an employer fall under the above definition (fully-insured), however decides to become self-funded, would our organization then be allowed to provide the claims experience by member to the employer in order for them to send to the stop-loss carrier? And, what if the employer is in the process to determine if they want to become self-funded, would our organization be allowed to provide the employer claims experience by member to the employer in order for them to send to the stop-loss carrier? Thank you in advance for your comments. Traci Jensen, CHC Health Alliance Medical Plans, Inc. Compliance Programs Manager This electronic message contains information from Health Alliance Medical Plans, Inc. that may be confidential and/or privileged. This information is intended to be for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be aware that copying, disclosure or distribution is strictly prohibited. If you have received this electronic transmission in error, please notify us by telephone at 800-851-3379, ext. 8012 or 4684 or by electronic mail to the sender immediately. ---The WEDI SNIP listserv to
Re: Separating financial and clinical data
Noel, our charts have divided sections for clinic notes, test results, reports from other doctors and insurance information. Our training is that staff only access that section that his or her job requires. Often, in a small providers office, a nurse will schedule tests using the insurance info and a receptionist will file test results in the chart when they are faxed over, so all need access, but only as necessary to do their jobs. Surely, two charts would be overkill. Vicki Saunders Pain Clinic Associates, PC [EMAIL PROTECTED] Pain Clinic Associates, PC Confidentiality Notice: The information contained in this e-mail transmission is confidential information, proprietary to the sender and legally protected. Its purpose is intended for the sole use of the individual(s) or entity named in the message header. If you are not the intended recipient, you are hereby notified that any dissemination, copying or taking any action in reliance on the contents of this information is strictly prohibited. If you received this message in error, please notify the sender of the error and delete this message, any attachments and all copies. Thank you. --- 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
Confidentiality Agreement for Board Members
I amputting the finishing touches on my policies and procedures and just realized that the confidentiality agreement I have for staff will not be sufficient for our board members. I haveseen others in the pasttalk about this issue and was wondering if anyone can point in the direction of a good confidentiality agreementspecifically for board members. I would truly appreciateit. These listservs have proven to be my best resource. ThankYou in advance, Kristen EmersonManagement Analyst/HIPAA Compliance OfficerMid-Florida Area Agency on Aging CONFIDENTIALITY NOTICE: This E-Mail, including attachments, 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 applicable law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this communication in error, please do not distribute it. Please notify the sender by E-Mail at the address shown and delete the original message. Thank you. --- 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
Financial and Medical Chart
We do keepa "billing chart" in our Accts Rec Dept for copies of insurance cards, any payment plan information, collection info, etc. It does not contain the "official medical chart" info. That being said, copies of the insurance cards are vital to the medical chart data, because so many require prior authorization that has to be done by the therapist/physician. However, your question does make me wonder about that financial record--I know Acct Rec shreds it, but I don't think we have it fall under the same retention standard. Maybe we should? Teri BaskettInformation OfficerLifeSpring Mental Health Services --- 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
Fw: New to this list, have two questions.
Title: RE: New to this list, have two questions. Gregory, We just do not send any e-mails containing PHI. It might be something to consider when the ordinary patient has encryption/decrpytion capability for e-mail that is easy enough to use that a technoLuddite can use it. We do contact Web sites that are capable of secure sessions to check on claims status. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Gregory Park To: Doug Webb Sent: Monday, March 24, 2003 03:22 PM Subject: RE: New to this list, have two questions. Doug, I in no way disregard the need to encrypt email. I am a big proponent of it, just not sure which is the best approach at the moment (see previous emails to this list-serve). Email was at risk at the same level before or after the regulations. The heart of my question (because I am not sure what exactly is the right answer) is how do YOU (stand up healthcare community) approach the issue? Are you dropping the electronic door now because your current methods for electronically delivering PHI, in relation to the recentSecurity Regs, may fall outside your security analysis, or do you manage the process now with internal policies moving towards a technological fix well before the regulation due dates? Greg ParkProduct ManagerDB Technology Inc.Office: 800-760-4096 x117Cell: 484-919-0392PA Office: 610-397-0288 www.dbtech.com -Original Message-From: Doug Webb [mailto:[EMAIL PROTECTED]Sent: Monday, March 24, 2003 3:45 PMTo: Gregory Park; WEDI SNIP Privacy Workgroup List; Bentz-Miller, JudithSubject: Re: New to this list, have two questions. Gregory, Just to amplify on Judith's remarks, You are exposed to the risk NOW, not when the final Security Rule fully kicks in. You are accepting a huge risk anytime you expose PHI to the Internet. Remenber that any of the millions of computers on the net can read this if they so choose. Strong encryption appears to be the only way to protect PHI on the Internet. If you would consider putting the information on a post card, perhaps it might be far enough away from PHI to consider mentioning it in an e-mail. E-mail can be accessed by many more people than typical a post card will be exposed to. As to your third question, there are four (at least) WEDI listserves that cover various portions of the topics you mentioned: Privacy, Security, Transactions, and Code Sets. Pick the ones that serve your needs the best. The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. WebbComputer System EngineerLittle Company of Mary Hospital Health Care Centers[EMAIL PROTECTED] "This electronic message may contain information that is confidential and/or legally privileged. It is intended only for the use of the individual(s) and entity(s) named as recipients in the message. If you are not an intended recipient of the message, please notify the sender immediately, delete the material from any computer, do not deliver, distribute, or copy this message, and do not disclose its contents or take action in reliance on the information it contains. Thank you." - Original Message - From: Bentz-Miller, Judith To: WEDI SNIP Privacy Workgroup List Sent: Monday, March 24, 2003 02:10 PM Subject: RE: New to this list, have two questions. This was part of our privacy audit due to the following reg: ยง 164.530 Administrative requirements. (c) (1) Standard: safeguards. A covered entity must have in place appropriate administrative, technical, and physical safeguards to protect the privacy of protected health information. (2) Implementation specification: safeguards. (I) A covered entity must reasonably safeguard protected health information from any intentional or unintentional use or disclosure that is in violation of the standards, implementation specifications or other requirements of this
RE: Disclosing Claims Info to Fully-Insured Group Moving to Self- Fund ed
Title: Disclosing Claims Info to Fully-Insured Group Moving to Self-Funded Problem is that the group would need the claims experience (full PHI) at the time of their renewal or right when they are switching from fully-insured to self-funded. It is more than likely that the group would not have their plan documents amended yet. Our organization is thinking that we could supply the information to the stop-loss carrier directly and bypass the group. Any thoughts on this? -Original Message-From: Deborah Campbell [mailto:[EMAIL PROTECTED]Sent: Monday, March 24, 2003 12:05 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Disclosing Claims Info to Fully-Insured Group Moving to Self- Fund ed I agree. Any plan has the right to amend their plan documents to obtain this information. I was only trying to answer the question, how can we give the GHPthis information. (A GHP can be either self-insured or fully-insured). And the answer is, have them certify they have amended their plan documents. At least, I believe that is the answer. Deborah -Original Message-From: White, Karen [mailto:[EMAIL PROTECTED]Sent: Monday, March 24, 2003 12:53 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Disclosing Claims Info to Fully-Insured Group Moving to Self- Fund ed Once they have certified that they have made the appropriate changes, it doesn't matter if they are self-funded or fully 0nsured. HIPAA states that as a plan sponsor, they have needs for the information even if they are fully insured. Karen H. White Vice President Medstat -Original Message-From: Deborah Campbell [mailto:[EMAIL PROTECTED] Sent: Monday, March 24, 2003 12:02 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Disclosing Claims Info to Fully-Insured Group Moving to Self- Fund ed According to what I know about this, you would only be able to provide this type of information to the GHP if they certified to you that they amended their plan documents. But, I might be missing something. 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: Traci.Jensen [mailto:[EMAIL PROTECTED]Sent: Monday, March 24, 2003 11:58 AMTo: WEDI SNIP Privacy Workgroup ListSubject: Disclosing Claims Info to Fully-Insured Group Moving to Self-Fund ed Pursuant to 164.530(k) a group health plan is not subject to the Privacy standards if the group health plan provides health benefits solely through an insurance contract with a health insurance issuer or an HMO and the health insurane issuer or HMO with respect to the group health plan only discloses eligibility, enrollment and disenrollment information and summary information (claims information that doesn't identify a member) to an employer group. My two questions are: If a group health plan of an employer fall under the above definition (fully-insured), however decides to become self-funded, would our organization then be allowed to provide the claims experience by member to the employer in order for them to send to the stop-loss carrier? And, what if the employer is in the process to determine if they want to become self-funded, would our organization be allowed to provide the employer claims experience by member to the employer in order for them to send to the stop-loss carrier? Thank you in advance for your comments. Traci Jensen, CHC Health Alliance Medical Plans, Inc. Compliance Programs Manager This electronic message contains information from Health Alliance Medical Plans, Inc. that may be confidential and/or privileged. This information is intended to be for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be aware that copying, disclosure or distribution is strictly prohibited. If you have received this electronic
RE: psych notes
Contrary laws that are either more stringent with regard to protection of privacy OR grant more rights to the individual will preempt the HIPAA Privacy Rule which merely sets a minimum federal standard - or floor - with regard to medical information privacy. See 45 CFR 160 Part B - Preemption of State Law - Section 160.202. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Monday, March 24, 2003 11:17 AM To: WEDI SNIP Privacy Workgroup List Subject:Re: psych notes There may be reason to look at this again. More stringent as in greater restriction on the patient or the staff? If HIPAA explicitly gives the patient right to access their own record, which regs prempt? Dale K Howe Grand Rapids, MI In a message dated 3/24/2003 1:30:53 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Paulette, as I'm reading Colorado statute as it is being currently modified: http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/12872ADAA2C72AF087 256C5A00624B00?Openfile=051_ren.pdf I think Colorado law may be more stringent. It reads to me that all 'mental health records' are restricted from access by the patient -- at least while therapy is occurring. --- 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 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
Medicaid Administration and Medicaid Health Plans - Defining the Relationship
How have other states' Medicaid Administrations defined their relationship with the Medicaid Health Plans who have contracted to provide medical coverage/services to Medicaid beneficiaries? Business Associates? Trading Partners? Something else? Is there an exception to the business associaterequirement with capitated payment arrangements? Also, how are other states' Medicaid Administrations addressing their relationship to the Community Mental Health Plans? Thank you in advance for any input! Teresa MulfordHIPAA PMO Communications OfficerMichigan Dept. of Community Health400 S. Pine St., 7th FloorP O Box 30479Lansing, MI 48909(517) 241-8826[EMAIL PROTECTED] --- 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
RE: Separating financial and clinical data
Noel, does this have something to do with the designated record sets which are subject to patient's access and amendment ? CONFIDENTIALITY NOTICE: This e-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Care 1st Health Plan -Original Message- From: Noel Chang [SMTP:[EMAIL PROTECTED] Sent: Monday, March 24, 2003 6:48 PM To: WEDI SNIP Privacy Workgroup List Subject: Separating financial and clinical data I had someone ask me a question the other day that I hadn't heard before and it got me curious as to whether other people had confronted this issue and what their outcome was. This person said they were told by someone that HIPAA requires that providers keep patient's medical records separate from their financial records. Most providers I deal with have the bulk of their financial data in whatever software package they are using to file their claims. The clinical notes are kept in paper charts, however quite often they keep a copy of the patient's insurance card in the chart and that specifically was the financial record that they were concerned about being in the same place as the medical record. My immediate reaction was that there is no specific requirement to do this in the Privacy rule but I then started to think about what could possibly be the basis of such a statement? The only thing I could come up with was the requirements under the minimum necessary standard to identify who need access to what types of PHI, and to then make reasonable efforts to limit access accordingly. Upon further thought I can see how someone might take the position that a persons's insurance card or other insurance information should not be necessary for the clinical staff to treat the patient. Similarly, the front office and billing personnel do not need any more clinical data than what appears on the superbill so they should not have access to the entire chart. Perhaps this is where the conclusion that insurance information cannot be kept in patient charts comes from? Has anyone else heard this opinion or possibly come to the same conclusion on their own? In small office settings, quite often I have clients that are taking the position that everyone in the office needs access to everything because of the degree of job sharing and multi-tasking that goes on. However (playing devil's advocate for a moment) just because you might need access to a piece of PHI when you are asked to cover a job for a sick co-worker, does that justify you always having access to that PHI including when you are performing tasks that do not require that piece of PHI? I have not encountered one physician's office that uses paper charts where the chart does not start out in the hands of the people at the check-in window. Do they really need access to the complete chart (medical history, docotor's notes, lab results, etc.) to check in a patient? The more I think about it the more I can understand how someone might arrive at this position but talk about an impediment to work flow! Do we now need one set of charts for financial data that is not in software systems (e.g. copies of insurance cards) and a separate set of charts for clinical data? Someone please show me a convincing out! Noel Chang Noel Chang Integral Practice Solutions -- Open WebMail Project (http://openwebmail.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 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
military authorities
I know we are at war and HIPAA is probably the last thing on armed forces' minds, but has anyone heard of any military authority publishing the appropriate military command authorities purposes to disclose PHI in the federal register?(section 164.512 (k)(1)(i)) I am looking for the Air Force to list who can request and their purpose, the Navy to list who can request and purpose, etc. Thanks, Leslie Harpe Privacy Official South Georgia Medical Center Valdosta, GA 31603-1727 [EMAIL PROTECTED] --- 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
section 164.514(d)(3)(iii)(B)
Your opinions on the following scenario: A patient is seen in the ER last night. Dr. A ordered labs. Dr. B calls the lab for the results today. Lab only knows the ordering doctor. Based on the fact that Dr. B knows labs were ordered and according to section 164.514(d)(3)(iii)(B), we are going to release the lab results without an authorization. We believe that this is continuum of care and we are releasing to another covered entity. (No disclosure is required either.) If each department identifies who can release the info, the minimum they can release for routine disclosure and develop criteria for non-routine disclosures, this should be an acceptable practice. Page 82545 also supports this interpretation. My notice also informs the patient that we will do this as continuum of care. Once the chart is received by medical records though, we will require an authorization if the physician is not on record. I hope this is right, if not, we'd better start planting more trees to support the tremendous mounds of paperwork. Thanks, Leslie Harpe Privacy Official South Georgia Medical Center Valdosta, GA 31603-1727 [EMAIL PROTECTED] --- 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
Re: section 164.514(d)(3)(iii)(B)
Leslie, In my opinion, while it would be good to apply some minimum necessary principals, I don't think you are required to do so in this situation. Because these are providers (covered or not) using, disclosing, and requesting the PHI for treatment. Under 164.502(b)(2) - min. necessary doesn't apply to disclosures to or requests by a health care provider for treatment. And under 164.506(c)(1) - covered entities can use/disclose PHI for its own treatment activities and (2) for treatment activities of (another) health care provider. Regards, lhc 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. Harpe, Leslie [EMAIL PROTECTED] 03/25/03 12:21 PM Your opinions on the following scenario: A patient is seen in the ER last night. Dr. A ordered labs. Dr. B calls the lab for the results today. Lab only knows the ordering doctor. Based on the fact that Dr. B knows labs were ordered and according to section 164.514(d)(3)(iii)(B), we are going to release the lab results without an authorization. We believe that this is continuum of care and we are releasing to another covered entity. (No disclosure is required either.) If each department identifies who can release the info, the minimum they can release for routine disclosure and develop criteria for non-routine disclosures, this should be an acceptable practice. Page 82545 also supports this interpretation. My notice also informs the patient that we will do this as continuum of care. Once the chart is received by medical records though, we will require an authorization if the physician is not on record. I hope this is right, if not, we'd better start planting more trees to support the tremendous mounds of paperwork. Thanks, Leslie Harpe Privacy Official South Georgia Medical Center Valdosta, GA 31603-1727 [EMAIL PROTECTED] --- 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 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
Release of PHI for Mental Health Services for Children/Youth
Hello, all - I would especially appreciate any answers to these questions from anymental health service providers in Californiathat provide mental health services tochildren/youth as the result ofalocal education agency's (LEA)development of an individualized education program (IEP), as my agency is such a provider. According toCalifornia Government Code, the LEA must obtain "written parental consent for the referral of the pupil to the community mental health service, for the release and exchange of all relevant information between the local education agency and the community mental health service, and for the observation of the pupil by mental health professionals in an educational setting." Under this arrangement, the exchange of informationbetween the LEA and the community mental health service, including protected health information, may take place as long as parental consent has been obtained. This would include an open setting such as an IEP team meeting. What would be the case under HIPAA? Would the original parental consent obtained to satisfy California law also satisfy HIPAA requirements? Is there any impact on the exchange of information as related to HIPAA?Would the exchange be an item that requires an inclusion in an accounting of disclosures? Beth Miller Grant Writer Tri-City Mental Health Center IMPORTANT WARNING: This message is intended for the use of the person or entity to which it is addressed and may contain information that is privileged and confidential, the disclosure of which is governed by applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this information is STRICTLY PROHIBITED. If you have received the message by error, please notify us immediately and destroy the related message. --- 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
