RE: PHI In Mail

2003-02-28 Thread Hare, Dennis
Title: Message



How about shredding 
it.



Dennis Hare
Quality Assurance Spec./Privacy 
Officer
Central Missouri Regional Center
(573) 882-9835 Fax - (573) 
884-4294
email: [EMAIL PROTECTED]

CONFIDENTIALITY NOTICE: 
This e-mail communication and any attachments may contain 
confidential and privileged information for the use of the designated recipients 
named above. The designated recipients are prohibited from redisclosing this 
information to any other party without authorization and are required to destroy 
the information after its stated need has been fulfilled. If you are not the 
intended recipient, you are hereby notified that you have received this 
communication in error and that any review, disclosure, dissemination, 
distribution or copying of it or its contents is prohibited by federal or state 
law. If you have received this communication in error, please notify me 
immediately by telephone at (573) 882-9835, and destroy all copies of this 
communication and any attachments.

  
  -Original Message-From: Schmidt, Lee M 
  [mailto:[EMAIL PROTECTED] Sent: Friday, February 28, 
  2003 8:34 AMTo: WEDI SNIP Privacy Workgroup ListSubject: 
  RE: PHI In MailImportance: High
  
  Is there a 
  HIPAA requirement on how to dispose of returned mail that contains 
  PHI?
  
  If not, how do 
  folks within this workgroup plan on disposing of it?
  
  Thanks,
  
  Lee M. Schmidt
  Magellan Behavioral 
  Health
  HIPAA / I.T. Project Manager, 
  Claims Applications Local: (314)387-5445 Toll Free 
  (St. Louis): 1-800-450-7281 ext:75445 New Cell: (314) 
  960-0964 
  
  
  Fax: 314-387-5655 or 314-292-1120 
  (Electronic)E-Mail: [EMAIL PROTECTED]
  
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attachment: Glacier Bkgrd.txt

RE: Unlocked charts

2003-03-07 Thread Hare, Dennis
Title: Message



Cindi, I have to 
disagree with you. The definition of a Business Associate is someone that 
"performs certain funtions or activities that involve the use of 
disclosure of protected health informatin on behalf of [my emphasis], 
or provides services to, a covered entity." A janitorial crew does not in 
any wayuse PHI to perform their job functions. A repairman (e.g. 
computer tech) might use PHI in order to recover or fix a problem, thus could be 
a business associate. However, privacy and security rules require a 
covered entity to take reasonable precautions to avoid improper 
disclosure. So, for a janitorial crew, that could mean keeping your files 
either in locked cabinets or behind locked doors, and keeping your desks 
clean. Our agency has a large records room with open shelving, so we lock 
the doors and the cleaning crew is never allowed in the 
room.



Dennis Hare
Quality Assurance Spec./Privacy 
Officer
Central Missouri Regional Center
(573) 882-9835 Fax - (573) 
884-4294
email: [EMAIL PROTECTED]

CONFIDENTIALITY NOTICE: 
This e-mail communication and any attachments may contain 
confidential and privileged information for the use of the designated recipients 
named above. The designated recipients are prohibited from redisclosing this 
information to any other party without authorization and are required to destroy 
the information after its stated need has been fulfilled. If you are not the 
intended recipient, you are hereby notified that you have received this 
communication in error and that any review, disclosure, dissemination, 
distribution or copying of it or its contents is prohibited by federal or state 
law. If you have received this communication in error, please notify me 
immediately by telephone at (573) 882-9835, and destroy all copies of this 
communication and any attachments.

  
  -Original Message-From: 
  [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
  Sent: Friday, March 07, 2003 1:43 PMTo: WEDI SNIP 
  Privacy Workgroup ListSubject: RE: Unlocked 
  charts
  Cindy,
  
  The key work here is incidential. I 
  don'tfeel this would be an incidential disclosure since you know the 
  cleaning folks will have access to PHI. See text below from another list 
  about the topc.
  
  Date 1/16/03
  "...yesterday during a conference call 
  with 2,000 plus conferees, Linda Sanchez of DHHS clarified the incidental 
  disclosure concept in a way that I thought made sense and which I hadn't seen 
  discussed in the regulatory preambles or the recent OCR Guidance document. In 
  the context of someone coming in to your facility to do repairs on machinery, 
  for example, she said in sum or substance that if you know that a repairperson 
  *WILL* have access to PHI as part of her/his job to repair something, then 
  that is not an incidental disclosure, and must be addressed in a Business 
  Associate Contract".
  
  
  Cindi Bowman Quality and Compliance Coordinator Catawba County 
  Health Department 828-695-5847 
  
  
-Original Message-From: Rupe, Cindy 
[mailto:[EMAIL PROTECTED]Sent: Friday, March 07, 2003 
12:48 PMTo: WEDI SNIP Privacy Workgroup ListSubject: 
RE: Unlocked charts
The OCR 
guidance states that a BA is not required:

With persons 
or organizations (e.g. janitorial sercie or electrician) whose functions or 
services do not involve the use or disclosure of protected health 
information, and where any access to protected health information by such 
persons would be incidental, if at all.

Thanks, 
Cindy

Cindy Rupe, RHIA, CPHQ HIPAA 
Coord/Consultant Billings Area IHS 406-247-7161 [EMAIL PROTECTED] 

HIPAA Ready, HIPAA Compliant, and HIPAA 
Aware 

  -Original Message-From: 
  [EMAIL PROTECTED] 
  [mailto:[EMAIL PROTECTED]Sent: Friday, March 07, 
  2003 10:15 AMTo: WEDI SNIP Privacy Workgroup 
  ListSubject: RE: Unlocked charts
  This was 
  brought up in San Diego by the folks from OCR. One of them said her 
  owned doctor accused her of being "one of those people who are making us 
  put locks on our file cabinets." She stated that the requirement is 
  to keep the PHI private. If the file cabinet is in a patient area, 
  it might be wise to lock it. If it is out of a public area, the 
  location may be all that is needed to keep it private.
  *The 
  cleaning company should sign a BAA.
  
  
  Joanne 
  Marquez
  Senior 
  Director 
  Beech 
  Street Corporation
  Account 
  Services
  (949) 
  672-1519
  
  

-Original Message-From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
Sent: Thursday, March 06, 2003 7:06 PMTo: WEDI 
SNIP Privacy Workgroup ListSubject: Unlocked 
chartsThis has probably been covered before, but for those 
of us still not clear:Do charts have