Privacy vs. Security Compliance

2003-03-20 Thread Vikas Budhiraja



The 
covered entities have time till April 21, 2005 to comply with the final Security 
regulations. However, Privacy compliance deadline is April 14, 2003. Now, 
Privacy compliance also requires some safeguards that are actually defined in 
the Security regulation. How do we deal with this paradox? (Privacy protection 
does not have much meaning without Security being in place).

I am 
trying to come up with a list of minimum safeguards that can be 
practically put in place by April 14, 2003 - such as - Physical access control 
and workstation security. I wanted to see what others are doing in this regard 
and if they have a "minimum necessary" security compliance 
list.

Regards,
Vikas
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A tricky BA Questions

2003-03-13 Thread Vikas Budhiraja
I have been encountered with a tricky BA question and hope someone can
provide some insight.

Insurance companies engage certain agencies to audit provider records to
verify if what the hospital billed was correct and if the insurance company
has overpaid. Since these audit agencies are engaged by the Insurance
Companies they will be the BA of the Insurance companies. However, they are
going to a provider facility to verify the records, My questions are:
1. Are they allowed to do this under the HIPAA law? If yes, what type of
relationship will they have with the provider?
2. If a payer engages an agency to audit provider records does the payer
become the BA of the provider?

Regards,
Vikas



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RE: Notice for indirect health care providers?

2003-03-06 Thread Vikas Budhiraja
Laura,
Yes you can file a complaint as a 'whistleblower'. Complaints can be filed
by patients, workforce members or others who become aware of or suspect
violation of privacy regulations by a provider.

Regards,
Vikas

-Original Message-
From: LAURA HEMINGWAY [mailto:[EMAIL PROTECTED]
Sent: Thursday, March 06, 2003 10:57 AM
To: WEDI SNIP Privacy Workgroup List
Cc: WEDI SNIP Privacy Workgroup List
Subject: Notice for indirect health care providers?


I was training some of our staff last week and was asked a question that I
did not know how to answer.  I'm sure someone out there has an answer.

What if I as a customer in a doctor's office become aware of the doctor's
office disclosing some aspect of another customer's PHI information without
their knowledge.  For example, the receptionists are talking openly about
the other customer's condition, economics, etc.  Can I file a complaint
with the OCR on behalf of the other customer?

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Are DME Vendors BA?

2003-02-21 Thread Vikas Budhiraja
Hello,
Had a question about vendors of DME (Durable Medical Equipment). If a
Provider contacts a DME vendor and informs about a patient who needs a DME
for home care,
does the provider need to have a BA with the DME vendor before this can be
done?
Or would this be treated as part of treatment?

Regards,
Vikas



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Are state Medicaid intermediaries BAs?

2003-01-09 Thread Vikas Budhiraja
Are State Medicaid intermediaries (and Medicare intermediaries) BA of the
providers who submit claims through these systems? My conclusion is no as
they arte not acting on behalf of the providers but more on the behalf of
Medicaid. But at the same time they have access to PHI even though they are
not directly the payers.

Will appreciate confirmation/refutation of my understanding.

Regards,
Vikas


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