RE: Any HIPAA Humor tools out there?
Or High Income Potential for Aggressive Attorneys Bruce Bradigan How about: Helping Insure Profitability for American Attorneys Can you guess what law schools are promoting courses in successful litigation under HIPAA regulations? We have at least one here in Florida I am aware of. David Artis -Original Message- From: fwdanby [mailto:[EMAIL PROTECTED]] Sent: Wednesday, January 29, 2003 1:10 PM To: WEDI SNIP Privacy Workgroup List Cc: WEDI SNIP Privacy Workgroup List Subject: Re: Any HIPAA Humor tools out there? Get an acronym-matching contest going. Here's the first (and it's not original to me) Healthy Income Protection for Aggressive Attorneys F.W. (Bill) Danby, MD, Manchester, NH, USA - Original Message - From: Bentz-Miller, mailto:[EMAIL PROTECTED] Judith To: WEDI SNIP Privacy Workgroup mailto:[EMAIL PROTECTED] List Sent: Wednesday, January 29, 2003 9:17 AM Subject: Any HIPAA Humor tools out there? does anyone have any good HIPAA humor training tools that they would be willing to share? I am doing a presentation later today and I am looking for something different. Email me directly if you wish. Thank you for helping! --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at 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 - This message was sent via the BiznessOnline.com webmail system. http://www.biznessonline.com --- 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: Here is a good Privacy Issue that will cause problems
There was some good discussion of whether it was proper (legal) for the pharmacist to notify the prescribers (probably not), but if he stole the RX book, or someone suspected he stole the RX book, that was a (potential) crime and should have been reported to the police. I was thinking about suggesting reporting it to the police in the first place. They would have (hopefully) done an investigation and developed a case before notifying anybody, thus preventing the embarrassment to the wrong person (and potential law suit). If the pharmacist reported it to the police and it turned out that nothing illegal was done, I don't see what harm it would have done to the pharmacist or to the person suspected of wrong doing. Bruce Bradigan Healthcare Consultant -Original Message- From: Rebekah Savoie [mailto:[EMAIL PROTECTED]] Sent: Thursday, January 16, 2003 5:43 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: Here is a good Privacy Issue that will cause problems Thank you for all your responses. They were all great and exactly what I expected - Now I will tell you the rest of the story - A man stole some Rx books and forged the Rx's - but it gets better - he used someone else's name and the pharmacy gave this information to physicians when the person they thought and named was seeking drugs, was actually not. You can imagine how mad this man was after the information got back to his employer who was a friend of a physician that received one of the general mail-out letters about him being a drug seeker. Makes you think, doesn't it? Rebekah Savoie Healthcare Consultant Christiansen, John (SEA) [EMAIL PROTECTED] 01/16/03 02:55PM Robert - I think I need to question one of your assumptions, and your approach to this kind of problem. #1 the assumption that: the individual has lost the right to privacy once they break the law is not correct, and is in fact dangerously incorrect. HIPAA does not state that principle anywhere. It does list a number of conditions under which PHI may be disclosed: for TPO, under an authorization, and under the conditions listed in 45 CFR 164.512 (uses and disclosures not for TPO for which no authorization is required). If you read that regulation you will see that subsection (a) does permit a disclosure required by law, while subsection (f) sets out the specific requirements for disclosures for law enforcement purposes. (The other exceptions in this regulation don't appear likely ever to apply to this kind of situation). If there is a law on the books requiring disclosure of drug-seeking behavior, exception (a) would apply; but I am not aware of any such laws (doesn't mean there aren't any, I just don't know of any). This is a very different approach to privacy from the assumption that if you break the law you lose your privacy. While the U.S. Constitution does not explicitly state a privacy right (there are theories that it does so implicitly, but that's another set of questions), HIPAA does create a statutory/regulatory set of privacy obligations on the part of CEs and entitlements on the part of individuals. I frankly don't think that a pharmacist's judgment that he thinks someone has broken the law by improperly seeking drugs (by the way, *is* drug-seeking behavior a crime? or just a basis for suspicion of a crime? or are we using an alert of this kind to prevent health problems and over-prescription?) will suffice to eliminate this entitlement (as a matter of law) or relieve the pharmacist, as a CE, of his or her obligation to respect these privacy entitlements by complying with the regulations. (By the way, what if he's wrong? In addition to breach of privacy there might well be a suit for libel available.) This is not to say something can't be done to communicate about this kind of problem - we have discussed it quite a bit and there have been a number of good postings on the subject - but the way to approach a solution it is to start with the regulations and read them carefully. (Also any applicable business associate contracts; for example, in your example of the PBM, has the PBM checked to make sure any BAC it has with a CE that provided some of the PHI which describes the prescriptions written permits that kind of disclosure? There are some badly drafted documents out there, not all of which might allow for everything you would like to assume they do.) The underlying point being that with HIPAA coming into effect decisions like these have to be made in a more formal way, with actual reference to regs and contracts and not in reliance on what you assume should be the right result. John R. Christiansen Preston | Gates | Ellis LLP 701 Fifth Avenue, Seattle, Washington 98104 *Direct: 206.613.7118 - *Cell: 206.683.9125 * [EMAIL PROTECTED] -Original Message- From: [EMAIL PROTECTED
RE: HIPAA privacy and telephone
Can anyone point me towards vendors of systems like this (off list, please) Thank you, Bruce Bradigan Healthcare Consultant -Original Message- From: Lawson, Pam [mailto:[EMAIL PROTECTED]] Sent: Friday, January 17, 2003 1:03 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: HIPAA privacy and telephone This is exactly what my physician does. When I have lab work at his office, I am given a slip of paper that has dial-in instructions, the pin number and my code number and when I can expect for the results to be available. I dial-in and listen to my physician's pre-recorded message to me regarding the results of my lab work and any comments about it. Only if the results are really bad does the doctor or nurse personally call and discuss the results (and this is prior to the results being available on the dial-in system). I like the system since there is no phone tag, I can listen to the results when convenient for me, don't have to worry about family members accidently erasing the message and I can listen to it again (for up to so many days). The only down side is when the doctor does call you know immediately that it is not good news. (prior messages snipped) --- 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
