RE: EMS and the NPP

2003-01-28 Thread Gerald E. DeLoss
Yes, the Preamble states that in emergency situations the EMS must still
provide the NPP as soon as reasonably practicable after the emergency and
that the EMS must provide the NPP and make a good faith effort to obtain
written acknowledgment at the time of transportation in non-emergency cases.

The Preamble that you cite directly contradicts your prior statement.  Is
there something I am missing?

Jud

-Original Message-
From: William Gateland [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 8:37 PM
To: Gerald E. DeLoss; WEDI SNIP Privacy Workgroup List
Subject: RE: EMS and the NPP


Check out Aug 14, 02 Final Rule, pg 53242 where it
talks about ambulance services.

--- Gerald E. DeLoss [EMAIL PROTECTED]
wrote:
 What specific section of the rule do you base this
 on?  I disagree.
 
 Jud
 
 Gerald Jud E. DeLoss, Esq. 
 Barnwell Whaley Patterson  Helms, LLC 
 885 Island Park Drive
 Post Office Drawer H (29402)
 Charleston, SC 29492 
 Telephone (843) 577-7700 
 Direct (843) 329-5313
 Facsimile (843) 577-7708
 [EMAIL PROTECTED]
 mailto:[EMAIL PROTECTED]  
 
 The information contained in this message may be
 privileged and/or
 confidential and protected from disclosure. If the
 reader of this message is
 not the intended recipient 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 the sender
 immediately and delete all copies of the material.
 
 
 
 -Original Message-
 From: William Gateland [mailto:[EMAIL PROTECTED]]
 Sent: Thursday, January 23, 2003 8:05 PM
 To: WEDI SNIP Privacy Workgroup List
 Subject: RE: EMS and the NPP
 
 
 Forget all this talk about layered notice or full
 notice.  The EMS does not have to carry NPP's or
 give
 them out per the rule.
 
 Bodhitaro1
 --- Dee Warrington [EMAIL PROTECTED] wrote:
  Spencer, 
   
  Donald is correct.  Members/patients must receive
  the whole document -- even if covered entities
  choose to create a layered notice.  It is simply
  an executive summary for the members/patients.
   
  Dee Warrington 
  Director, HIPAA and Regulatory Compliance 
  OAO HealthCare Solutions, Inc. 
  20955 Warner Center Lane 
  Woodland Hills, CA  91367 
  (818) 598-6606 
  Fax: (818) 598-3270 
  [EMAIL PROTECTED] 
  -Original Message-
  From: Ribelin, Donald
  [mailto:[EMAIL PROTECTED]]
  Sent: Thursday, January 23, 2003 8:55 AM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: EMS and the NPP
  
  
  Spencer, this is not how I read this provision.  I
  believe you must provide the entire NPP, not just
  part of it.  IMHO, the layer is simply a bulleted
  cover sheet that is meant to assist the patient in
  better understanding their rights.
   
  Donald L. Ribelin
  HIPAA Project Manager
  Firsthealth of the Carolinas
  (910) 215-2668
  [EMAIL PROTECTED]
   
  -Original Message-
  From: Spencer Hall
  [mailto:[EMAIL PROTECTED]]
  Sent: Thursday, January 23, 2003 10:33 AM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: EMS and the NPP
   
  The recent guidance allows for a layered NPP -
 you
  can provide your customers with a shot form and
 then
  provide the long form if it is requested.  
   
   
  Spencer D. Hall
  Health Information Security Officer
  St. Vincent's
  (904) 308-7029
  [EMAIL PROTECTED]
  
   Ribelin, Donald [EMAIL PROTECTED]
  01/23/03 07:56AM 
  Chris, thanks for the feedback. Biggest problem,
 our
  NPP is five pages (front and back) long. 
 Attaching
  it becomes an issue secondary to its bulk.  Good
  point about 911 calls.  We are less worried about
  them.   
   
  Donald L. Ribelin
  HIPAA Project Manager
  Firsthealth of the Carolinas
  (910) 215-2668
  [EMAIL PROTECTED]
   
  -Original Message-
  From: Chris Brancato
  [mailto:[EMAIL PROTECTED]]
  Sent: Wednesday, January 22, 2003 10:20 AM
  To: Ribelin, Donald; WEDI SNIP Privacy Workgroup
  List
  Subject: RE: EMS and the NPP
   
  Don,
  I consult with some of the nations largest
 Fire/EMS
  departments for HIPAA.
  I advise several different ways. Non-transports
  require a treat and release signature from a
  patient.
  A copy of NPP can be printed on the back or
  separately, but they should make a reasonable
  attempt to provide the NPP. What you don't say is
  how they are activated. If they are activated via
  911, this is an emergency response, not requiring
 an
  NPP as the call is emergency, not routine, in
  nature.
   
  I also advise departments that do the billing to
  include the NPP in the billing statement, just
 like
  the Credit Card companies do.
   
  Hope that helps.
   
  Chris Brancato
   
  -Original Message-
  From: Ribelin, Donald
  [mailto:[EMAIL PROTECTED]]
  Sent: Tuesday, January 21, 2003 8:03 AM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: EMS and the NPP
   
  An interesting

RE: EMS and the NPP

2003-01-24 Thread timmcguinness
Indeed Gerald, the statement that they are not required is beyond
inaccurate.  In fact they are required to give them out at the first
reasonable opportunity after the emergency.  This can include by mail as
well - which is how my local government clients will be handling it with
their EMT.  Plus we are printing up new business cards for all EMT personnel
with the webaddress of the website with the NPP on the card - the cards will
be given out to every transport or patient as a backup.  Plus this
webaddress will be on all forms and documents.  Plus copies will be at all
locations, as well as a copy in the EMT vehicle.  Now, was that so hard?

If there is one thing true about HIPAA, it's don't guess, and argue on the
side of overkill!

Regards,

Tim McGuinness, Ph.D.
Consulting Specialist in Regulatory Privacy, Security, and Application
Compliance
HIPAA/FDA/CMS-HCFA/ICH/ADA  Section 508/DITSCAP/NIACAP/ISO17799/BS7799/NIST
800 CA
Specialist in Local Government Compliance  www.localgovernmentcompliance.com
[EMAIL PROTECTED] /  www.timmcguinness.com /  www.HIPAAhelpNETWORK.com

Executive Co-Chairman for Privacy,
HIPAA Conformance Certification Organization (HCCO)
www.hcco.us


===

IMPORTANT LEGAL NOTICE: This communication, including any attachment,
contains information that may be confidential or privileged, and is intended
solely for the entity or individual to whom it is addressed. If you are not
the intended recipient, please notify the sender at once, and you should
delete this message and are hereby notified that any disclosure, copying, or
distribution of this message is strictly prohibited. Nothing in this email,
including any attachment, is intended to be a legally binding signature.

HIPAA NOTICE:  It is acknowledged that HIPAA, ASCA, and other regulations
and statutes are law, and that all interpretation of law should involve
licensed attorneys in good standing with their local Bar Association. The
forgoing is provided for educational or discussion purposes only. The author
accepts no responsibility for its accuracy, review, distribution, or use in
any way. You assume responsibility for understanding this material and its
applicability and/or use. The above may need to be interpreted by your
attorney as needed to conform with federal or state law - you’re use of this
information must always be reviewed and approved by your own attorney prior
to use, application, or implementation.



-Original Message-
From: Gerald E. DeLoss [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 8:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: EMS and the NPP


What specific section of the rule do you base this on?  I disagree.

Jud

Gerald Jud E. DeLoss, Esq.
Barnwell Whaley Patterson  Helms, LLC
885 Island Park Drive
Post Office Drawer H (29402)
Charleston, SC 29492
Telephone (843) 577-7700
Direct (843) 329-5313
Facsimile (843) 577-7708
[EMAIL PROTECTED] mailto:[EMAIL PROTECTED]

The information contained in this message may be privileged and/or
confidential and protected from disclosure. If the reader of this message is
not the intended recipient 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 the sender
immediately and delete all copies of the material.



-Original Message-
From: William Gateland [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 23, 2003 8:05 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: EMS and the NPP


Forget all this talk about layered notice or full
notice.  The EMS does not have to carry NPP's or give
them out per the rule.

Bodhitaro1
--- Dee Warrington [EMAIL PROTECTED] wrote:
 Spencer,

 Donald is correct.  Members/patients must receive
 the whole document -- even if covered entities
 choose to create a layered notice.  It is simply
 an executive summary for the members/patients.

 Dee Warrington
 Director, HIPAA and Regulatory Compliance
 OAO HealthCare Solutions, Inc.
 20955 Warner Center Lane
 Woodland Hills, CA  91367
 (818) 598-6606
 Fax: (818) 598-3270
 [EMAIL PROTECTED]
 -Original Message-
 From: Ribelin, Donald
 [mailto:[EMAIL PROTECTED]]
 Sent: Thursday, January 23, 2003 8:55 AM
 To: WEDI SNIP Privacy Workgroup List
 Subject: RE: EMS and the NPP


 Spencer, this is not how I read this provision.  I
 believe you must provide the entire NPP, not just
 part of it.  IMHO, the layer is simply a bulleted
 cover sheet that is meant to assist the patient in
 better understanding their rights.

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

 -Original Message-
 From: Spencer Hall
 [mailto:[EMAIL PROTECTED]]
 Sent: Thursday, January 23, 2003 10:33 AM
 To: WEDI SNIP Privacy Workgroup List
 Subject

RE: EMS and the NPP

2003-01-24 Thread William Gateland
Check out Aug 14, 02 Final Rule, pg 53242 where it
talks about ambulance services.

--- Gerald E. DeLoss [EMAIL PROTECTED]
wrote:
 What specific section of the rule do you base this
 on?  I disagree.
 
 Jud
 
 Gerald Jud E. DeLoss, Esq. 
 Barnwell Whaley Patterson  Helms, LLC 
 885 Island Park Drive
 Post Office Drawer H (29402)
 Charleston, SC 29492 
 Telephone (843) 577-7700 
 Direct (843) 329-5313
 Facsimile (843) 577-7708
 [EMAIL PROTECTED]
 mailto:[EMAIL PROTECTED]  
 
 The information contained in this message may be
 privileged and/or
 confidential and protected from disclosure. If the
 reader of this message is
 not the intended recipient 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 the sender
 immediately and delete all copies of the material.
 
 
 
 -Original Message-
 From: William Gateland [mailto:[EMAIL PROTECTED]]
 Sent: Thursday, January 23, 2003 8:05 PM
 To: WEDI SNIP Privacy Workgroup List
 Subject: RE: EMS and the NPP
 
 
 Forget all this talk about layered notice or full
 notice.  The EMS does not have to carry NPP's or
 give
 them out per the rule.
 
 Bodhitaro1
 --- Dee Warrington [EMAIL PROTECTED] wrote:
  Spencer, 
   
  Donald is correct.  Members/patients must receive
  the whole document -- even if covered entities
  choose to create a layered notice.  It is simply
  an executive summary for the members/patients.
   
  Dee Warrington 
  Director, HIPAA and Regulatory Compliance 
  OAO HealthCare Solutions, Inc. 
  20955 Warner Center Lane 
  Woodland Hills, CA  91367 
  (818) 598-6606 
  Fax: (818) 598-3270 
  [EMAIL PROTECTED] 
  -Original Message-
  From: Ribelin, Donald
  [mailto:[EMAIL PROTECTED]]
  Sent: Thursday, January 23, 2003 8:55 AM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: EMS and the NPP
  
  
  Spencer, this is not how I read this provision.  I
  believe you must provide the entire NPP, not just
  part of it.  IMHO, the layer is simply a bulleted
  cover sheet that is meant to assist the patient in
  better understanding their rights.
   
  Donald L. Ribelin
  HIPAA Project Manager
  Firsthealth of the Carolinas
  (910) 215-2668
  [EMAIL PROTECTED]
   
  -Original Message-
  From: Spencer Hall
  [mailto:[EMAIL PROTECTED]]
  Sent: Thursday, January 23, 2003 10:33 AM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: EMS and the NPP
   
  The recent guidance allows for a layered NPP -
 you
  can provide your customers with a shot form and
 then
  provide the long form if it is requested.  
   
   
  Spencer D. Hall
  Health Information Security Officer
  St. Vincent's
  (904) 308-7029
  [EMAIL PROTECTED]
  
   Ribelin, Donald [EMAIL PROTECTED]
  01/23/03 07:56AM 
  Chris, thanks for the feedback. Biggest problem,
 our
  NPP is five pages (front and back) long. 
 Attaching
  it becomes an issue secondary to its bulk.  Good
  point about 911 calls.  We are less worried about
  them.   
   
  Donald L. Ribelin
  HIPAA Project Manager
  Firsthealth of the Carolinas
  (910) 215-2668
  [EMAIL PROTECTED]
   
  -Original Message-
  From: Chris Brancato
  [mailto:[EMAIL PROTECTED]]
  Sent: Wednesday, January 22, 2003 10:20 AM
  To: Ribelin, Donald; WEDI SNIP Privacy Workgroup
  List
  Subject: RE: EMS and the NPP
   
  Don,
  I consult with some of the nations largest
 Fire/EMS
  departments for HIPAA.
  I advise several different ways. Non-transports
  require a treat and release signature from a
  patient.
  A copy of NPP can be printed on the back or
  separately, but they should make a reasonable
  attempt to provide the NPP. What you don't say is
  how they are activated. If they are activated via
  911, this is an emergency response, not requiring
 an
  NPP as the call is emergency, not routine, in
  nature.
   
  I also advise departments that do the billing to
  include the NPP in the billing statement, just
 like
  the Credit Card companies do.
   
  Hope that helps.
   
  Chris Brancato
   
  -Original Message-
  From: Ribelin, Donald
  [mailto:[EMAIL PROTECTED]]
  Sent: Tuesday, January 21, 2003 8:03 AM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: EMS and the NPP
   
  An interesting question from our EMS HIPAA rep
  yesterday: 
   
  When EMS treats and transports an accident victim
 to
  another hospital (one not part of our enterprise),
  should we give them a copy of our NPP?  One of the
  underlying issues centers on our management of EMS
  in several counties.   While most of the patients
  involved end up at FirstHealth facilities (where
  they would receive a copy of the NPP once their
  condition allowed), a significant minority are
  transported to other hospitals. On first look my
  response is that the receiving facility would be
  responsible for providing the patient

RE: EMS and the NPP

2003-01-23 Thread Ribelin, Donald








Chris, thanks for the feedback. Biggest problem, our NPP is five pages
(front and back) long. Attaching
it becomes an issue secondary to its bulk. Good point about 911 calls. We are less worried about them. 



Donald L. Ribelin

HIPAA Project Manager

Firsthealth of the Carolinas

(910) 215-2668

[EMAIL PROTECTED]



-Original
Message-
From: Chris Brancato
[mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 22, 2003
10:20 AM
To: Ribelin, Donald; WEDI SNIP
Privacy Workgroup List
Subject: RE: EMS and the NPP



Don,

I consult with some of the nations largest Fire/EMS departments for
HIPAA.

I advise several different ways. Non-transports require a treat and
release signature from a patient.

A copy of NPP can be printed on the back or separately, but they should
make a reasonable attempt to provide the NPP. What you dont say is how they
are activated. If they are activated via 911, this is an emergency response,
not requiring an NPP as the call is emergency, not routine, in nature.



I also advise departments that do the billing to include the NPP in the
billing statement, just like the Credit Card companies do.



Hope that helps.



Chris Brancato



-Original
Message-
From: Ribelin, Donald
[mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 21, 2003
8:03 AM
To: WEDI SNIP Privacy Workgroup
List
Subject: RE: EMS and the NPP



An interesting question from our EMS HIPAA rep
yesterday: 



When EMS treats and transports an accident victim to
another hospital (one not part of our enterprise), should we give them a copy
of our NPP? One of the underlying
issues centers on our management of EMS in several counties. While most of the patients
involved end up at FirstHealth facilities (where they would receive a copy of
the NPP once their condition allowed), a significant minority are transported
to other hospitals. On first look my response is that the receiving facility
would be responsible for providing the patient with a copy of their NPP. But is that the case? I would like the groups comments,
opinions and citations re: the whole ems issue. I am also looking forward to OCRs clarifications on these
issues.





Donald L. Ribelin

HIPAA Project
Manager

Firsthealth of
the Carolinas

(910) 215-2668

[EMAIL PROTECTED]





---
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: EMS and the NPP

2003-01-23 Thread Gerald E. DeLoss



The only problem is that the "short" notice 
must contain all of the elements set forth in the rule, which will still take up 
quite a bit of space. Also, you still need to provide the "long" form NPP 
to the patient, you cannot wait for a request to do so. Technically, you 
are to provide both forms to the patient at the same time.

Thanks,
Jud


Gerald "Jud" E. DeLoss, Esq. Barnwell Whaley 
Patterson  Helms, LLC885 
Island Park DrivePost OfficeDrawer H 
(29402)Charleston, SC 29492 Telephone (843) 577-7700Direct (843) 329-5313Facsimile (843) 577-7708[EMAIL PROTECTED] 

The information contained in this message may be privileged and/or 
confidential and protected from disclosure. If the reader of this message is not 
the intended recipient 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 the sender immediately and 
delete all copies ofthe material.

  -Original Message-From: Spencer Hall 
  [mailto:[EMAIL PROTECTED]]Sent: Thursday, January 23, 2003 
  10:33 AMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: 
  EMS and the NPP
  The recent guidance allows for a "layered" NPP - you can provide your 
  customers with a shot form and then provide the long form if it is 
  requested. 
  
  
  Spencer D. Hall
  Health Information Security Officer
  St. Vincent's
  (904) 308-7029
  [EMAIL PROTECTED]
   "Ribelin, Donald" [EMAIL PROTECTED] 
  01/23/03 07:56AM 
  
  Chris, 
  thanks for the feedback. Biggest problem, our NPP is five pages (front and 
  back) long. Attaching it becomes 
  an issue secondary to its bulk. 
  Good point about 911 calls. 
  We are less worried about them. 
  
  
  Donald L. 
  Ribelin
  HIPAA Project 
  Manager
  Firsthealth of the 
  Carolinas
  (910) 215-2668
  [EMAIL PROTECTED]
  
  -Original 
  Message-From: Chris 
  Brancato [mailto:[EMAIL PROTECTED]]Sent: Wednesday, January 22, 2003 10:20 
  AMTo: Ribelin, Donald; WEDI 
  SNIP Privacy Workgroup ListSubject: RE: EMS and the 
  NPP
  
  Don,
  I consult with some of the nations 
  largest Fire/EMS departments for HIPAA.
  I advise several different ways. 
  Non-transports require a treat and release signature from a 
  patient.
  A copy of NPP can be printed on 
  the back or separately, but they should make a "reasonable attempt" to provide 
  the NPP. What you don't say is how they are activated. If they are activated 
  via 911, this is an emergency response, not requiring an NPP as the call is 
  emergency, not routine, in nature.
  
  I also advise departments that do 
  the billing to include the NPP in the billing statement, just like the Credit 
  Card companies do.
  
  Hope that 
  helps.
  
  Chris Brancato
  
  -Original 
  Message-From: Ribelin, 
  Donald [mailto:[EMAIL PROTECTED]]Sent: Tuesday, January 21, 2003 8:03 
  AMTo: WEDI SNIP Privacy 
  Workgroup ListSubject: RE: 
  EMS and the NPP
  
  An 
  interesting question from our EMS HIPAA rep yesterday: 
  
  
  When 
  EMS treats and transports an accident victim to another hospital (one not part 
  of our enterprise), should we give them a copy of our NPP? One of the underlying issues centers 
  on our management of EMS in several counties. While most of the patients 
  involved end up at FirstHealth facilities (where they would receive a copy of 
  the NPP once their condition allowed), a significant minority are transported 
  to other hospitals. On first look my response is that the receiving facility 
  would be responsible for providing the patient with a copy of their NPP. But is that the case? I would like the group's comments, 
  opinions and citations re: the whole ems issue. I am also looking forward to OCR's 
  clarifications on these issues.
  
  
  Donald L. Ribelin
  HIPAA Project 
  Manager
  Firsthealth of 
  the Carolinas
  (910) 
  215-2668
  [EMAIL PROTECTED]
  
  
  ---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 u

RE: EMS and the NPP

2003-01-23 Thread Chris Brancato









Beth,



The only situation
we are talking about is the emergency. You may have taken it out of context. I
hold firm that I am correct in the context of the environment we are talking
about.





OK, now reality. If
youve never run on an emergency call, you have an information deficit. What
you ask about NPP and long form and signaturewill just not happen in the field.even
if The President himself walked out of the White House with the form in his
hand. I implore you to think about the environment, as ASCA clearly defines as
context to compliance. I take the high ground, in order for this to be even
remotely aligned with the intent, its contingent upon us to work HIPAA into the
environment, NOT the environment into HIPAA.

Christopher P. Brancato

Compliance
Officer

Manager,
Development/Product Management

Suite 3

503 Faulconer
Drive

Charlottesville,
VA 22903-4978



434-817-9000

800-800-4021
(toll free)

434-817-9006
(FAX)

[EMAIL PROTECTED]

www.healthdataservices.com



The information
contained in this message may be privileged and/or confidential and protected
from disclosure. If the reader of this message is not the intended recipient 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 the
sender immediately and delete all copies of the material.



-Original
Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 23, 2003
1:21 PM
To:
[EMAIL PROTECTED]; [EMAIL PROTECTED]
Subject: RE: EMS and the NPP



Chris' comment is not
correct.

The referenced standards
for consents were removed (except to say you optionally may have one)in
the final regulation as revised on 8-14. Please make sure you are using
the current rule and review the implementation specification for delivery of
the notice. 164.520(c) 

A notice must be provided
upon request. But this is in addition to not instead of the other
instances when it must be provided and that includes at the time of first
treatment unless it is and emergency and then as soon as practicable.



A provider would not be
in compliance if they were to provide their notice only upon request, whether
it is referenced in a consent form or not.

On this topic I would
advise you all to read the regulation, it is pretty clear on the delivery of
the notice.

Thanks,

Beth Kranda

-Original
Message-
From: Chris Brancato
[mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 23, 2003
12:31 PM
To: WEDI SNIP Privacy Workgroup
List
Subject: RE: EMS and the NPP

The consent can refer to the NPP, and the NPP can be provided upon
request.



Christopher P. Brancato

Compliance Officer

Manager, Development/Product Management

Suite 3

503 Faulconer Drive

Charlottesville, VA 22903-4978



434-817-9000

800-800-4021 (toll free)

434-817-9006 (FAX)

[EMAIL PROTECTED]

www.healthdataservices.com



The information contained in this message may be privileged
and/or confidential and protected from disclosure. If the reader of this
message is not the intended recipient 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 the sender immediately and delete
all copies of the material.



-Original
Message-
From: Ribelin, Donald
[mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 23, 2003
11:55 AM
To: WEDI SNIP Privacy Workgroup
List
Subject: RE: EMS and the NPP



Spencer, this is not how I read this provision. I believe you must provide the entire
NPP, not just part of it. IMHO,
the layer is simply a bulleted cover sheet that is meant to assist the patient
in better understanding their rights.



Donald L. Ribelin

HIPAA
Project Manager

Firsthealth
of the Carolinas

(910)
215-2668

[EMAIL PROTECTED]



-Original
Message-
From: Spencer Hall
[mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 23, 2003
10:33 AM
To: WEDI SNIP Privacy Workgroup
List
Subject: RE: EMS and the NPP



The recent guidance allows for a
layered NPP - you can provide your customers with a shot form and
then provide the long form if it is requested. 





Spencer D. Hall

Health Information Security Officer

St. Vincent's

(904) 308-7029

[EMAIL PROTECTED]


 Ribelin, Donald [EMAIL PROTECTED]
01/23/03 07:56AM 

Chris, thanks for the feedback. Biggest
problem, our NPP is five pages (front and back) long. Attaching it becomes an issue secondary to its bulk. Good point about 911 calls. We are less worried about them. 



Donald L. Ribelin

HIPAA Project Manager

Firsthealth of the Carolinas

(910) 215-2668

[EMAIL PROTECTED]



-Original
Message-
From: Chris Brancato
[mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 22, 2003
10:20 AM

RE: EMS and the NPP

2003-01-22 Thread Chris Brancato








Don,

I consult with some
of the nations largest Fire/EMS departments for HIPAA.

I advise several
different ways. Non-transports require a treat and release signature from a
patient.

A copy of NPP can
be printed on the back or separately, but they should make a reasonable
attempt to provide the NPP. What you dont say is how they are activated. If
they are activated via 911, this is an emergency response, not requiring an NPP
as the call is emergency, not routine, in nature.



I also advise
departments that do the billing to include the NPP in the billing statement,
just like the Credit Card companies do.



Hope that helps.



Chris Brancato



-Original
Message-
From: Ribelin, Donald
[mailto:[EMAIL PROTECTED]]
Sent: Tuesday, January 21, 2003
8:03 AM
To: WEDI SNIP Privacy Workgroup
List
Subject: RE: EMS and the NPP



An interesting question from our EMS HIPAA rep
yesterday: 



When EMS treats and transports an accident victim to
another hospital (one not part of our enterprise), should we give them a copy
of our NPP? One of the underlying
issues centers on our management of EMS in several counties. While most of the patients
involved end up at FirstHealth facilities (where they would receive a copy of
the NPP once their condition allowed), a significant minority are transported
to other hospitals. On first look my response is that the receiving facility
would be responsible for providing the patient with a copy of their NPP. But is that the case? I would like the groups comments,
opinions and citations re: the whole ems issue. I am also looking forward to OCRs clarifications on these
issues.





Donald L. Ribelin

HIPAA Project
Manager

Firsthealth of
the Carolinas

(910) 215-2668

[EMAIL PROTECTED]





---
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: EMS and the NPP

2003-01-21 Thread Ribelin, Donald








An
interesting question from our EMS HIPAA rep yesterday: 



When EMS
treats and transports an accident victim to another hospital (one not part of
our enterprise), should we give them a copy of our NPP? One of the underlying issues centers on
our management of EMS in several counties. While most of
the patients involved end up at FirstHealth facilities (where they would receive
a copy of the NPP once their condition allowed), a significant minority are
transported to other hospitals. On first look my response is that the receiving
facility would be responsible for providing the patient with a copy of their
NPP. But is that the case? I would like the groups comments,
opinions and citations re: the whole ems issue. I am also looking forward to OCRs clarifications on these
issues.





Donald L. Ribelin

HIPAA Project Manager

Firsthealth of the Carolinas

(910) 215-2668

[EMAIL PROTECTED]








---
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