RE: BA v Trading Partner Agreements
Title: RE: BA v Trading Partner Agreements I do disagree with the below The TPA is a document used to establish EDI relationships. Those relationships are not always between covered entities and are not always HIPAA impacted. A BAA is a document between a CE and another company that provides a service on its behalf using PHI. This second party may be a CE also. This is explicit is the regulation. Using the question of CE or not is a dangerous way to define whether you need either of these agreements. Use the business relationship to determine. Here is a HIPAA relevant example: Assume I am a Health Plan and I have a relationship with 2 different healthcare clearing houses (HCH-A and HCH-B). HCH-A works for me, does data conversion into the X12 for me, they are my business associate and also a trading partner. HCH-B works for a provider. They want to send me files and receive files from me, but on behalf of the provider. They perform no function for me. In that case, I would use a TPA only and not a BAA. It is also worth noting that a TPA is not required by HIPAA. This is a business issue. If you choose to have a TPA, however, it must follow the guidelines presented in the Transaction Rule. BK -Original Message-From: Clay, Roy III (NO) [mailto:[EMAIL PROTECTED]Sent: Thursday, March 20, 2003 2:49 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: BA v Trading Partner Agreements Trading partner agreements are used between covered entities (usually a health care and an insurance plan or a clearinghouse) to govern the exchange of covered transactions. A business associate agreement is between a covered entity (like a health care provider) and a non-covered entity (like a computer services company) which is providing a service which requires that the non-covered entity receive protected health information in order to perform the service. Roy G. Clay, III Interim Compliance Officer Louisiana State University Health Sciences Center - New Orleans Phone: (504) 568-2350 Fax: (504) 568-2346 Email: [EMAIL PROTECTED] CONFIDENTIAL AND PRIVILEGED This message and any attachments are privileged information. If you are not the intended recipient and have received this message in error, please inform the sender and delete the contents without opening, copying, distributing or forwarding. -Original Message- From: Jonathan May [mailto:[EMAIL PROTECTED]] Sent: Thursday, March 20, 2003 12:44 PM To: WEDI SNIP Privacy Workgroup List Subject: BA v Trading Partner Agreements Can anyone offer a simple clarification of the difference between and when to use a Business Associate Agreement and a Trading Partner Agreement? Many thanks. _ STOP MORE SPAM with the new MSN 8 and get 2 months FREE* http://join.msn.com/?page=features/junkmail --- 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
RE: BA v Trading Partner Agreements
A Business Associate is someone who is performing a function on your behalf. Many Business Associates are also trading partners because you send them a file to carry out their duties. A Trading Partner is an entity that you trade electronic data with. A person can be a training partner and not a business associate. If a provider sends a claim file to a health plan, they are trading partners and there is no BA relationship. If a provider sends the same claim file to an company that is cleansing claims or unbundling claims for the provider before they go to the Payor, that company is both a BA and a trading partner. BK -Original Message- From: Jonathan May [mailto:[EMAIL PROTECTED] Sent: Thursday, March 20, 2003 1:44 PM To: WEDI SNIP Privacy Workgroup List Subject: BA v Trading Partner Agreements Can anyone offer a simple clarification of the difference between and when to use a Business Associate Agreement and a Trading Partner Agreement? Many thanks. _ STOP MORE SPAM with the new MSN 8 and get 2 months FREE* http://join.msn.com/?page=features/junkmail --- 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
RE: Billing Services with Contractors
Yes. We do this all the time. Internally we refer to these as subcontractor business associates. We have a template called a c-BAA that we have sent to all out subcontractors based on the provision in the BAA that requires us to pass through the same requirements to any subcontractor. The whereasses go something like this Whereas HIPAA requires a covered entity to... WhereasI am a BA of a covered entity... Whereas Contractor provides services to methrough which it may have access to PHI of covered entity... Whereas we both desire... I can't send you the whole agreement, but the rest of the cBAA reads much the same asour BAA. -Original Message-From: Daniel E. McDonald [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 19, 2003 12:59 PMTo: WEDI SNIP Privacy Workgroup ListSubject: Billing Services with Contractors I wanted to get input regarding Billing Services that use contractors to perform certain services. My understanding is the Billing Service is considered a Business Associate and not a covered entity. If that is true, would the contractors working for a billing service be Business Associates of a Business Associate and would they sign a similair BA agreement as the billing service did but between them and the billing service?? I look forward to everyone's intepretation as even our attorney is a bit confused. This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notify me immediately at 1-800-500-0175 ext 114and permanently delete the original and any copy of any e-mail and printout thereof. ---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
RE: Fee for Access
The regulation says the fee may be reasonable and cost based There is no way you can meet the test of these two requirements with a flat fee unless you plan to charge based on the cost of the smallest possible record - then it does not seem worth doing. cite 164.524(c)(4) My opinion BK -Original Message- From: Smith, Patricia [mailto:[EMAIL PROTECTED]] Sent: Wednesday, February 19, 2003 3:41 PM To: WEDI SNIP Privacy Workgroup List Subject: Fee for Access We are a health plan. We are trying to determine what to charge for Access. We have decided we want have it be a flat fee regardless of how long you have been with the plan. We generated reports from our current system (without regard for our business associates) on a few members and came up with documents that ranged from a ¼ inch to 3 inches of output (combination of printouts from previously scanned documents and computer generated reports). We are no closer at determining a fee. We would really prefer a flat fee and not a per page. Since we dont have face to face contact, its easier on the members and us if we set a flat fee. What are other plans charging? Thanks! Pat Smith --- 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: archive@mail-archive.com 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: Some Questions that I've asked before....
I will only take 3) 164.502 (g)(1) requires that you treat a Personal Representative as the individual i.e. must give access (g)(3) requires that you treat a parent or guardian as a Personal Representative The only exceptions provided are described in (g)(3) which seem to be very specific and will deal with specific instances of provider confidentiality or parental estrangement that you suggest - you should look at this sectionfor yourself. and (g)(5) if abuse, neglect, endangerment...if professional judgment If the case does not fit the above specific situation, looks like you cannot refuse info to the parent - parent being defined by the state's legal age for emancipation. David Ermer also presented a state by state blow of state guardianship laws related to this. That was released on the PP list serve last week. -Original Message-From: Deborah Campbell [mailto:[EMAIL PROTECTED]]Sent: Tuesday, January 28, 2003 1:36 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Some Questions that I've asked before Here goes my opinion. 1) We haven't decided if we will release any info to the subscriber on one of their members. So couldn't you use this as an excuse? Say, "I'm sorry, according to the new HIPAA regulations, we are unable to release any further information without an authorization from the member." 2)We don't send EOB's so can't help you there. 3) Didn't the 8/14/03 revisions say when it comes to minors, we should follow state regs? Does the state allow you to limit info to parents of underage minors? 4) Not sure what the question is. Yes, if we turn down an amendment request, and the member requests that we log the amendment request in the records, we must. Sorry I couldn't be more help. 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: Jim Moores [mailto:[EMAIL PROTECTED]]Sent: Tuesday, January 28, 2003 10:06 AMTo: WEDI SNIP Privacy Workgroup ListSubject: Some Questions that I've asked before Hi All, I've asked these questions before, but didn't get much response (or any at all on some). Since we're all getting close to THE DATE, I thought re-asking might get more/better response, so I'm re-postinga digest of the questions. Any discussions of what you are doing and / or suggestions are welcome. _ Private Communications These questions are about Private Communications (PC) Customer Service: 1) How do you respond to a Customer Service Inquiry fromthe contract holder (subscriber) when someone on that contract has invoked PC? Do you just say, "I can't give any further information" or "I've released all the information to which you are entitled" or some other sentence/phrase with similar meaning? I realize you can't just say, "Someone on your contract has requested Private Communications". Possible scenario: Jane, the wife of Joe Contractholder requests PC, primarily because she's going to a psychologist. Because Jane has requested PC, the insurance company (or provider) routes ALL her claim EOBs (or bills)to an alternate address. Joe calls customer service to ask where the Explanation of Benefits (EOB) is for his wife's recent visit to the Emergency Room for a twisted ankle. How should the customer service rep answer? 2) How do you send out the EOB when you have a non-custodial and custodial parent getting EOBs and one of the children has invoked PC? We have a number of these situations where we have received a Domestic Relations Court Order to send the underage dependent EOBs to both the custodial and non-custodial parents. As long as they haven't reached 18, we comply with the order (or if a dependent is in college, until they graduate). Possible scenario: Joe Doe (Contractholder) and Jane Doe (Joe's former wife and mother of Donna Doe) have both been receiving Donna's EOBs pursuant to a court order. Donna's in college and goes to her OB/Gyn and asks for birth control pills. Donna doesn't want her father to
RE: Is patient email address PHI?
I will go out on a limb with an unsubstantiated opinion because it is late Only if the email also contained health information or some indictor of health status - or - If they could infer by the name or address of the sender the health status of the recipient. Would anyone out there agree with that? -Original Message-From: Brousseau, Susan [mailto:[EMAIL PROTECTED]]Sent: Tuesday, January 28, 2003 4:58 PMTo: WEDI SNIP Privacy Workgroup ListSubject: Is patient email address PHI? This seems picayune, but: Email address is listed in the reg as an identifier that must be removed from data being disclosed. If we email a patient, would addressing that email to their email address be considered a violation of HIPAA? Thank you, Susan Brousseau Business Analyst ---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 Notice: The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. 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: archive@mail-archive.com 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: NPP and recurrent patients
The citation Noel references below is true and can be found at 164.520 (c) (3) (i) An entity that maintains a web site ... must prominently post its notice on the web site and make the notice available electronically through the web site. Thanks BK -Original Message- From: Noel Chang [mailto:[EMAIL PROTECTED]] Sent: Monday, January 27, 2003 12:59 PM To: WEDI SNIP Privacy Workgroup List Subject: Re: NPP and recurrent patients The obligations of health care providers (there are different ones for health plans) to distribute your NPP if you revise it after initially disitributing it to individuals are limited to making the revised NPP abailable to them upon request, and posting the revised notice in your facility (see section 164.520(c)(2)(iv). I would also infer from the regs. that you are obliged to post the updated version on you website, if you have one, but I cannot find an explicit statement about this. Noel Chang -- Open WebMail Project (http://openwebmail.org) -- Original Message --- From: Kelli Knuckles [EMAIL PROTECTED] To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED] Sent: Mon, 27 Jan 2003 10:15:36 -0700 Subject: Re: NPP and recurrent patients Traci- You only have to provide your patients with the NPP once. You need to somehow track that you have provided the patient with a copy. One thing to keep in mind, however, is that if you change or update your NPP new copies need to be provided to your patients. At least that's my understanding. Kelli Knuckles Apps Analyst MCDHS Traci Winter [EMAIL PROTECTED] 01/27/03 09:37AM OK time to open another can of worms. It is not unusual for us to discharge a patient and have them return to our services multiple times. Do have to give them a copy of the NPP each time we admit them to services? Their medical records are only maintained on site for the past year and current year, after that they are sent to an off site storage facility. Should we just add a statement to the acknowledgement stating a copy of the NPP wasn't provided or was declined due to receipt at a previous time of admission. I know we had this option with our patients rights booklet we gave out at time of admission to hospital patients. Traci Winter Hospitals Home Health Care, Inc. --- 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 leave-wedi- [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 --- End of Original 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
RE: HIPAA privacy and telephone
Title: RE: HIPAA privacy and telephone Be careful - If you say that an authorization is required, a y/n question will not fill the void even if you track it. If you say that an authorization is required, it must be a HIPAA valid authorization and there are a list of about 10 required components to be a valid auth. I happen to agree that an auth would be required with one exception - an authorizedpersonal representative could be given the patient's info. There is also the paragraph about exceptions in the treatment relationship when the family member is involved in the carebut this may be an area that is too gray for this type of situation. BK -Original Message-From: Clay, Roy III (NO) [mailto:[EMAIL PROTECTED]]Sent: Friday, January 17, 2003 4:09 PMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: HIPAA privacy and telephone My feeling is that unless you have authorization from the patient, anything other than giving the results directly to the patient is not allowed. You wish you can have an opt-in question on the order of "Do we have your permission to leave medical information with your spouse?(Y/N) These responses would have to be tracked and adhered to. -Original Message- From: Doug Webb [mailto:[EMAIL PROTECTED]] Sent: Friday, January 17, 2003 8:51 AM To: WEDI SNIP Privacy Workgroup List Subject: Re: HIPAA privacy and telephone An extension to this -- how do you handle answering machines? My gut feeling is that either a no-no (the machine more questionable than a family member) -- the information could only be released to the patient or his/her representative designated in a written authorizaton. Perhaps another signature on your main consent/authorization form to allow these types of communications is what's needed??? The opinions expressed here are my own and not necessarily the opinion of LCMH. Douglas M. Webb Computer System Engineer Little 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: [EMAIL PROTECTED] To: "WEDI SNIP Privacy Workgroup List" [EMAIL PROTECTED] Sent: Thursday, January 16, 2003 04:04 PM Subject: HIPAA privacy and telephone I would like the lists opinion on this topic. Patient comes to the office to have their potassium checked because they are on a diuretic. Later, the physician's nurse calls the patient at home with results but the patient is not home. Spouse answers the phone. Can you tell the spouse that the potassium was fine and that he/she should tell the spouse to continue the same dose of diuretic and potassium supplement? If you say "no, this type of disclosure is not allowed", would it matter that we put a statment in our Notice of Privacy Practices that stated (in the section on Payment, treatment and health care operations) "On occasion, we call test results to your home and leave the results with a family member if you are not present". Now, obviously, we would not do this with a HIV result but it seems like such a waste of everyone's time to play phone tag to accommodate the one patient in a million that is actually upset because you told the spouse what the potassium result was. Thank you. Rich Fairley, Dubuque, IA --- 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
RE: Costs
--- You are currently subscribed to wedi-privacy as: archive@jab.org 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 --- Many States have laws which offer guidelines regarding what you can charge a patient for copies of records. Physicians and hospitals have dealt with this for years. Check your state's record laws or check with some of your key providers. -Original Message-From: Judy Titera [mailto:[EMAIL PROTECTED]]Sent: Monday, October 21, 2002 9:54 AMTo: WEDI SNIP Privacy Workgroup ListSubject: Costs---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--- Is anyone willing to share what they are considering for their coping charges under Access? Thank you,Judy TiteraFortis Health [EMAIL PROTECTED] 10/20/02 09:41AM ---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---Bradley;I am doing HIPAA consulting with a nursing home, and have made up someof my own tools, but I would very much like to see yours. I could sendyou some of mine if you would want to see them.Thanks,BruceAll outgoing e-mail checked by Norton AntivirusBruce BradiganQuality Systems Consulting63 Redmond RdBarneveld NY 13304315.896.4821 (office/fax)315.542.4070 (cell/pager) -Original Message- From: bradley kiser [mailto:[EMAIL PROTECTED]] Sent: Thursday, October 17, 2002 6:47 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: "Appropriate" physical safeguards --- 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 --- I have several "tool kits" that assist in privacy, security and EDI. My only requirement is that they not be used for commercial purposes. I am also considering in completing an accounting of disclosures program that I will share. I will supply the source code but would like input on the various "elements" that you would like to see included. My only requirement is that it can not be used for commercial purposes (sold) Bradley T Kiser 317 862-4434-Original Message- From: Noel Chang [mailto:[EMAIL PROTECTED]] Sent: Thursday, October 17, 2002 10:41 AM To: WEDI SNIP Privacy Workgroup List Subject: "Appropriate" physical safeguards --- 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 --- I would be interested in hearing from people who deal with solo practitioners or small group practices, what are some of the issues you are having to address in the doctor's office to ensure that "appropriate" physical safeguards are provided (section 164.530(c)). Let's ignore the administrative and technical safeguards for now. For example: At the check in window, is a sliding, frosted glass, window always necessary? As long as computer terminals are not visible, nor any other PHI, I say no. Are lockable doors necessary at every point that you do not intend non-office personnel to access? Many offices I have seen have a door that separate the waiting room from the rest of the office. Once you are in the exam area, however, you can move freely (without any keys or combinations) from the exam room to the insurance desk, to medical records area, to the referrals area, etc. I would say it is pretty obvious that these areas are not intended for
