RE: HIPAA privacy and telephone

2003-01-17 Thread Gerry Friberg 
Title: RE: HIPAA privacy and telephone



164.510 allows, but does not require covered entities 
to disclose or use protected health information to:
Family 
members, close friends, or others assisting in an individuals 
care.
 
Rule 
requires that the individual be notified in advance and given the opportunity to 
agree or prohibit or restrict the use or disclosure.  This can be oral 
agreement.
 
So 
this is a matter of #1 Notification and #2 during the office visit obtaining 
permission to inform the spouse or other family members who are involved in the 
medical care of the individual.  

Gerry Friberg Client Service Manager Professional 
Business Services 7700 A Street 
Lincoln, NE 68510 402-489-7131 www.pbssite.com 


  -Original Message-From: Clay, Roy III (NO) 
  [mailto:[EMAIL PROTECTED]]Sent: Friday, January 17, 2003 3:09 
  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 
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  [EMAIL PROTECTED]
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RE: HIPAA privacy and telephone

2003-01-17 Thread Hare, Dennis 
Title: Message




Please read the 
following from the OCR Frequently Asked Questions list at http://www.hhs.gov/ocr/hipaa/privacy.html:
 
May 
physician's offices or pharmacists leave messages for patients at their homes, 
either on an answering machine or with a family member, to remind them of 
appointments or to inform them that a prescription is ready?  May providers continue to mail 
appointment or prescription refill reminders to patients' homes?
 
A:    
Yes.  The HIPAA Privacy Rule 
permits health care providers to communicate with patients regarding their 
health care.  This includes 
communicating with patients at their homes, whether through the mail or by phone 
or in some other manner.  In 
addition, the Rule does not prohibit covered entities from leaving messages for 
patients on their answering machines.  
However, to reasonably safeguard the individual's privacy, covered 
entities should take care to limit the amount of information disclosed on the 
answering machine.  For example, a 
covered entity might want to consider leaving only its name and number and other 
information necessary to confirm an appointment, or ask the individual to call 
back.
 
A covered entity also may 
leave a message with a family member or other person who answers the phone when 
the patient is not home.  The 
Privacy Rule permits covered entities to disclose limited information to family 
members, friends, or other persons regarding an individual's care, even when the 
individual is not present.  However, 
covered entities should use professional judgment to assure that such 
disclosures are in the best interest of the individual and limit the information 
disclosed.  See 45 CFR 
164.510(b)(3).
 
 

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: Clay, Roy III (NO) 
  [mailto:[EMAIL PROTECTED]] Sent: Friday, January 17, 2003 3:09 
  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

RE: HIPAA privacy and telephone

2003-01-17 Thread Beth . Kranda 
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 
authorized personal 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 
  S

RE: HIPAA privacy and telephone

2003-01-17 Thread Clay, Roy III (NO) 
Title: 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]

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---
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
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RE: HIPAA privacy and telephone

2003-01-17 Thread Benjamin W. Tartaglia 
me too, please

-Original Message-
From: Bruce Bradigan [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 17, 2003 1:56 PM
To: WEDI SNIP Privacy Workgroup List
Subject: 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: [EMAIL PROTECTED]
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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 
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RE: HIPAA privacy and telephone

2003-01-17 Thread Bruce Bradigan 
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
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RE: HIPAA privacy and telephone

2003-01-17 Thread Lawson, Pam 
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.

-Original Message-
From: Ribelin, Donald [mailto:[EMAIL PROTECTED]] 
Sent: Friday, January 17, 2003 11:47 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA privacy and telephone


A but who said anything about calling back and getting a human?
Call back, get the robot, type in the secret code (pin), get the
recording with the nurse and/or physician's message about my lab work.


Donald 

 -Original Message-
From:   Benjamin W. Tartaglia [mailto:[EMAIL PROTECTED]] 
Sent:   Friday, January 17, 2003 12:17 PM
To: WEDI SNIP Privacy Workgroup List
Subject:        RE: HIPAA privacy and telephone

With all due respect, and I mean it sincerely.

Good idea for privacy Based on my many years of management
engineering and the application of voice, data and image
telecommunications systems in healthcare as an employee and later as a
consultant I suggest it is unworkable. (really long and ill structured
sentence).

The major premise is "When the patient calls back, someone who can
accept the call and pin number is available".  The major premise,
although well intentioned, is false.

When I try to get to my Doctor's office, I get a call management
system 99% of the time.  If I'm really lucky, I may get an answering
service.  People who work for many answering services are part timers,
sometimes from temporary employment companies, working for minimum
wage, with little or no healthcare background.  Try and get them HIPAA
certified. (I have also done consulting on Doctors' answering
services.)

I believe such a system would simply generate round after round of
call backs which are unsuccessful.  If anyone thinks this would
actually work, should get another opinion and only pay for that
opinion when the system is proven effective.

I really would like to talk to the people who have used this
successfully so that I might add to my professional knowledge and
moderate my opinion on he matter or... is this simply a "scenario"
from a brainstorming session?

Additional comments are welcomed and desired.  I find I learn more
from people who disagree.

Ben Tartaglia
Benjamin W. Tartaglia, MBA, BSIM, CSP
Director, Client Services
BWT Associates, HealthCare Consultants

HIPAA, JCAHO, Telemedicine, Contingency Planning, Telecommunications,
Telephone Fraud & Abuse, Training Programs, Policy & Procedures,
Management Audits.

PO# 4515, Shrewsbury, MA 01545
Phone: 508-845-6000
EMail: [EMAIL PROTECTED]

-Original Message-
From: Ribelin, Donald [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 17, 2003 10:09 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA privacy and telephone


So far, the best scenario I have seen is the phone call that requests
the patient to call back to the office.  Part of the call back
involves a pin or secret code that the patient was provided
previously.

Donald L. Ribelin
HIPAA Project Manager
Firsthealth of the Carolinas
(910) 215-2668
[EMAIL PROTECTED]

 -Original Message-
From:   Doug Webb [mailto:[EMAIL PROTECTED]]
Sent:   Friday, January 17, 2003 9:51 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

RE: HIPAA privacy and telephone

2003-01-17 Thread Ribelin, Donald 
A but who said anything about calling back and getting a human?  Call
back, get the robot, type in the secret code (pin), get the recording with
the nurse and/or physician's message about my lab work.  

Donald 

 -Original Message-
From:   Benjamin W. Tartaglia [mailto:[EMAIL PROTECTED]] 
Sent:   Friday, January 17, 2003 12:17 PM
To: WEDI SNIP Privacy Workgroup List
Subject:    RE: HIPAA privacy and telephone

With all due respect, and I mean it sincerely.

Good idea for privacy Based on my many years of management
engineering and the application of voice, data and image telecommunications
systems in healthcare as an employee and later as a consultant I suggest it
is unworkable. (really long and ill structured sentence).

The major premise is "When the patient calls back, someone who can accept
the call and pin number is available".  The major premise, although well
intentioned, is false.

When I try to get to my Doctor's office, I get a call management system 99%
of the time.  If I'm really lucky, I may get an answering service.  People
who work for many answering services are part timers, sometimes from
temporary employment companies, working for minimum wage, with little or no
healthcare background.  Try and get them HIPAA certified.
(I have also done consulting on Doctors' answering services.)

I believe such a system would simply generate round after round of call
backs which are unsuccessful.  If anyone thinks this would actually work,
should get another opinion and only pay for that opinion when the system is
proven effective.

I really would like to talk to the people who have used this successfully so
that I might add to my professional knowledge and moderate my opinion on he
matter or... is this simply a "scenario" from a brainstorming session?

Additional comments are welcomed and desired.  I find I learn more from
people who disagree.

Ben Tartaglia
Benjamin W. Tartaglia, MBA, BSIM, CSP
Director, Client Services
BWT Associates, HealthCare Consultants

HIPAA, JCAHO, Telemedicine, Contingency Planning, Telecommunications,
Telephone Fraud & Abuse, Training Programs, Policy & Procedures, Management
Audits.

PO# 4515, Shrewsbury, MA 01545
Phone: 508-845-6000
EMail: [EMAIL PROTECTED]

-Original Message-
From: Ribelin, Donald [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 17, 2003 10:09 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA privacy and telephone


So far, the best scenario I have seen is the phone call that requests the
patient to call back to the office.  Part of the call back involves a pin or
secret code that the patient was provided previously.

Donald L. Ribelin
HIPAA Project Manager
Firsthealth of the Carolinas
(910) 215-2668
[EMAIL PROTECTED]

 -Original Message-
From:   Doug Webb [mailto:[EMAIL PROTECTED]]
Sent:   Friday, January 17, 2003 9:51 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 oper

RE: HIPAA privacy and telephone

2003-01-17 Thread Benjamin W. Tartaglia 
With all due respect, and I mean it sincerely.

Good idea for privacy Based on my many years of management
engineering and the application of voice, data and image telecommunications
systems in healthcare as an employee and later as a consultant I suggest it
is unworkable. (really long and ill structured sentence).

The major premise is "When the patient calls back, someone who can accept
the call and pin number is available".  The major premise, although well
intentioned, is false.

When I try to get to my Doctor's office, I get a call management system 99%
of the time.  If I'm really lucky, I may get an answering service.  People
who work for many answering services are part timers, sometimes from
temporary employment companies, working for minimum wage, with little or no
healthcare background.  Try and get them HIPAA certified.
(I have also done consulting on Doctors' answering services.)

I believe such a system would simply generate round after round of call
backs which are unsuccessful.  If anyone thinks this would actually work,
should get another opinion and only pay for that opinion when the system is
proven effective.

I really would like to talk to the people who have used this successfully so
that I might add to my professional knowledge and moderate my opinion on he
matter or... is this simply a "scenario" from a brainstorming session?

Additional comments are welcomed and desired.  I find I learn more from
people who disagree.

Ben Tartaglia
Benjamin W. Tartaglia, MBA, BSIM, CSP
Director, Client Services
BWT Associates, HealthCare Consultants

HIPAA, JCAHO, Telemedicine, Contingency Planning, Telecommunications,
Telephone Fraud & Abuse, Training Programs, Policy & Procedures, Management
Audits.

PO# 4515, Shrewsbury, MA 01545
Phone: 508-845-6000
EMail: [EMAIL PROTECTED]

-Original Message-
From: Ribelin, Donald [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 17, 2003 10:09 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: HIPAA privacy and telephone


So far, the best scenario I have seen is the phone call that requests the
patient to call back to the office.  Part of the call back involves a pin or
secret code that the patient was provided previously.

Donald L. Ribelin
HIPAA Project Manager
Firsthealth of the Carolinas
(910) 215-2668
[EMAIL PROTECTED]

 -Original Message-
From:   Doug Webb [mailto:[EMAIL PROTECTED]]
Sent:   Friday, January 17, 2003 9:51 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

Re: HIPAA privacy and telephone

2003-01-17 Thread Leah Hole-Curry 
The OCR guidance at http://www.hhs.gov/ocr/hipaa/privacy.html under
incidental disclosures indicates that leaving information with family
members or on an answering machine or mailing information is allowed,
but also cautions that professional judgment should be used to assure
that the information is limited to what is necessary and assure that its
in the interests of the patient.  

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.
>>> "Doug Webb" <[EMAIL PROTECTED]> 01/17/03 06:38 AM >>>
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


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and services.  They also are not intended to be used as a forum for
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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 communic

RE: HIPAA privacy and telephone

2003-01-17 Thread Ribelin, Donald 
So far, the best scenario I have seen is the phone call that requests the
patient to call back to the office.  Part of the call back involves a pin or
secret code that the patient was provided previously.

Donald L. Ribelin
HIPAA Project Manager
Firsthealth of the Carolinas
(910) 215-2668
[EMAIL PROTECTED]

 -Original Message-
From:   Doug Webb [mailto:[EMAIL PROTECTED]] 
Sent:   Friday, January 17, 2003 9:51 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
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form at http://subscribe.wedi.org

---
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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 
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Re: HIPAA privacy and telephone

2003-01-17 Thread Doug Webb 
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: archive@mail-archive.com
To unsubscribe from this list, go to the Subscribe/Unsubscribe form at 
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Re: HIPAA privacy and telephone

2003-01-16 Thread Ellen Rubin 
At our hospital we are stating the following in training:
"Our general policy would be to not give information out over the phone
except to the patient.  However, in certain clinics and inpatient units,
staff will be familiar with the caller and with the patient's usual wishes.
Staff will be able to use their best judgment in those circumstances when
they can verify the identity of the caller and establish their involvement
with the patient's care and treatment.  Any disclosures done on this basis
would be limited to that information that is directly relevant to their
involvement in the care and treatment of the patient."

Ellen

- Original Message -
From: <[EMAIL PROTECTED]>
To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]>
Sent: Thursday, January 16, 2003 2:04 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
>
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---
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 
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RE: HIPAA privacy and telephone

2003-01-16 Thread Matthew Rosenblum 
Fairley,

I believe that leaving the "message" (in your scenario, below) would be a 
HIPAA-sanctioned disclosure if the nurse has evidence that the spouse is:

The Personal Representative of the subject of the PHI, or
Participating in the patient's treatment

Otherwise, probably not.  Further, a CE may not "opt-out" of HIPAA by announcing in 
the NPP that it will "on occasion" engage in disclosures precluded by HIPAA.
 
I hope that this helps.
 
Your questions are always welcome.
 
Matt
 
Matthew Rosenblum
Chief Operations Officer
Privacy, Quality Management & Regulatory Affairs
 
CPI Directions, Inc.
10 West 15th Street, Suite 1922
New York, NY 10011
 
(212) 675-6367
[EMAIL PROTECTED]
 
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-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
Sent: Thursday, January 16, 2003 5:04 PM
To: WEDI SNIP Privacy Workgroup List
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
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HIPAA privacy and telephone

2003-01-16 Thread Fairley2 
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
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