RE: NPP distribution

2003-04-02 Thread Bentz-Miller, Judith




In 
regs 164.520 it states"No later than the date of the first service delivery, including service 
delivered electronically, to such 
individual after the compliance date for 
the covered health care 
provider;So it is a combo of the 
two of them. Receive NPP and sign acknowledgement no later than the date 
of the first service delivery after April 14, 2003.
Judith
-Original Message-From: Traci Winter 
[mailto:[EMAIL PROTECTED]Sent: Wednesday, April 02, 2003 9:50 
AMTo: WEDI SNIP Privacy Workgroup ListSubject: NPP 
distribution

  As the countdown decreases the questions increase.
  
  For current patients, which of these options is best/right:
  
receive NPP and sign acknowledgement at first service delivery after 
4/14/03 
receive NPP and acknowledgement to sign and return on or before 
4/14/03
  I am trying to figure out which of these is best/right so I can come up 
  with a plan of action.
  
  Thanks for the input,
  
  Traci Winter
  Hospitals Home Health Care, Inc.
  Fulton, NY ---The WEDI SNIP listserv to which you are 
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RE: NPP in the waiting room

2003-03-28 Thread Craig Moen
Unfortunately, I joined late, but I was informed that someone had commented
on HIPAA wallpaper in the CMS conference call earlier this week.  It
seemed(from what I heard second hand) that it would be appropriate to use
notebooks or some sort of contained version of the NPP.  Those who heard
specifically please comment

Craig Moen
THERAPY 2000

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-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Friday, March 28, 2003 9:57 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP in the waiting room


Is the requirement for the posting of the NPP satisfied in a provider's
office by having multiple copies in notebooks throughout the waiting room,
or does it have to be posted on the wall?

Thanks very much.

Vicki Saunders
Compliance Manager/Privacy Officer
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RE: NPP in the waiting room

2003-03-28 Thread rachelmcass
I believe that in the conference call Wednesday, an OCR rep stated that
there is no requirement as to how a provider posts the NPP, only that the
provider post the notice in a clear and prominent location where it is
reasonable to expect individuals seeking service from the covered health
care provider to be able to read the notice 164.520(c)(2)(iii)(B)

I think that the goal is that it is accessible; not necessarily that a
person can stand in a office and read it from the wall.  I work with
providers who plan to hang a notice in a publicly accessible place on the
wall (the pages binded) or on a table, and clearly mark its location.  I
would think that this satisfies the requirement that individuals seeking
service...be able to read the notice.

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Friday, March 28, 2003 9:57 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP in the waiting room


Is the requirement for the posting of the NPP satisfied in a provider's
office by having multiple copies in notebooks throughout the waiting room,
or does it have to be posted on the wall?

Thanks very much.

Vicki Saunders
Compliance Manager/Privacy Officer
[EMAIL PROTECTED]

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Re: NPP and Disclosure

2003-03-27 Thread Doug Webb



Gregory,
Your client is wrong. Accounting for Every disclosure if 
definately not required by the Privacy or Security regs. Most transactions 
involving the Treatment of Patients and obtaining Payment are explicitly 
excluded from the need to report them (in very great detail as to what is 
excluded). Get out your reading glasses, because it is all detailed in the 
Federal Register (small print, and lots of it!).

In our case, operating as a Billing Service, we have never in 
our history encountered a situation that would result in a release of 
information that would have to be reported.
The major categories of reporting would be releases related to 
responding to Audits and Sopoenas.

The opinions expressed here are my own and not necessarily the opinion of 
LCMH.

Douglas M. WebbComputer System EngineerLittle Company of Mary 
Hospital  Health Care Centers[EMAIL PROTECTED]

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  - Original Message - 
  From: 
  Gregory Park 
  To: WEDI SNIP Privacy Workgroup List 
  
  Sent: Thursday, March 27, 2003 11:10 
  AM
  Subject: NPP and Disclosure
  I have a client that has written within their NPP that the 
  patient candemand an audit of every (NOTE EVERY) disclosure of their PHI, 
  even if thisdisclosure is related to patient care and billing.It 
  is my understanding that this is not dictated as a requirement 
  withinPrivacy, and only is briefly mentioned in Security as something that 
  must beaccomplished for disclosure outside of patient care or billing (for 
  examplegovernmental disclosure, or legal).I need confirmation 
  because the particular client is stating that all of itsvendors now must 
  provide an audit trail of every action (print, copy, email)according to 
  the regulations.If I am wrong, then maybe this isn't 
  simplification?Thanks in advance.Greg ParkProduct 
  ManagerDB Technology 
  Inc.Office: 
  800-760-4096 
  x117Cell: 
  484-919-0392PA Office: 
  610-397-0288-Original Message-From: Bill Cushing 
  [mailto:[EMAIL PROTECTED]Sent: Thursday, March 27, 2003 11:35 
  AMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: Patient Phone Calls 
  and NPPCan anyone please confirm the HHS/OCR phone number that 
  weshould be using for the NPP?Thanks, BillAt 09:25 AM 
  3/27/2003 -0600, KERBER, JEFF wrote:Vicki,This is an 
  ongoing issue with HHS/OCR -- ask a question twice, get twodifferent 
  answers from different people.JeffJeff 
  KerberDirector, HIPAA ComplianceTexoma Healthcare 
  System903-416-5520-Original 
  Message-From: [EMAIL PROTECTED] 
  [mailto:[EMAIL PROTECTED]Sent: Wednesday, March 26, 2003 3:55 
  PMTo: WEDI SNIP Privacy Workgroup ListSubject: Patient Phone 
  Calls and NPPAfter 4/14, when a patient calls for a 
  prescription refill, or to ask amedical question, are we obligated to 
  then mail them a copy of the NPP andask them to send us a signed 
  acknowledgement? A question like this wasaskedregarding 
  prescriptions at the Atlanta OCR conference in February and theanswer 
  that day was no, the next visit would be the occasion to give theNPP. 
  Today, on the OCR conference call, a similar question was asked 
  andtheanswer was that the NPP needed to be mailed. Can anyone 
  direct me to areference or guidance on this?Vicki 
  SaundersCompliance Manager/Privacy 
  Officer[EMAIL PROTECTED]Confidentiality Notice: 
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RE: NPP in Other Languages

2003-03-19 Thread Matthew Rosenblum
The intent of the plain language clause pushes us to implement procedures
to educate our patients about how we use and disclose their information,
and consequently, we encourage our clients (covered entities) to view
reading level as only one aspect.  (BTW, this clause is applied to the
authorizations, as well.)

On Page 53241 of the Preamble to the (revised) Privacy rules HHS notes the
Department continues to believe strongly that promoting individuals'
understanding of privacy practices is an essential component of providing
notice to individuals.  Further, on Page 53219 HHS notes that the HIPAA
documents must be written in plain language so individuals can read and
understand its contents.  And still, in its recent guidance-report, OCR
says that a CE must maximize readability and clarity of the HIPAA
documents.

The concepts of readability and understanding are not new and pervade
many (other) Federal and State laws and accreditor standards that regulate
health care.

In NY the NYS DOH has issued a consumer advisory that states, Translations
and/or transcriptions of important hospital forms, instructions and
information must be provided to you if you feel you need them, and the NYS
State auditors enforce the regulations and intents.  Consequently, in NYC we
must provide some of our (clients') hospitals and ambulatory centers in
Brooklyn with translations in Russian, translations in Chinese in Manhattan,
and translations in Spanish are distributed throughout the five Burroughs;
translations in Hindi will be needed in Queens.

In addition to NY, a number of States have health or mental health laws that
mandate patient rights activities in hospitals, nursing homes, and similar
residences or institutions.  And these laws usually contain the language
understandable clauses regarding how we must provide information to the
patient.  One of the clearest examples of this language is Iowa State law
(Chapter 28) for all institutions --28.4(229) Patients’ rights for the
mentally ill:

In order to preserve the patients’ self-respect and dignity..The
patient shall be provided with complete and current information concerning
patient diagnosis, treatment and progress in terms and language
understandable to the patient.

The JCAHO, too, is definitely NOT silent on this matter.  Its Rights of
Individuals standards include a statement that the Individuals served have
a right to effective communication..Written information provided is
appropriate to the age, understanding, and language of the individual served
[and] The organization provides for interpretation (including translation
services) as necessary.

As a practical matter, we believe, and advise our clients accordingly, that
for most hospitals it will be the JCAHO or other Accreditor, NOT OCR, that
will provide the initial findings of how well the HIPAA rules have been met
by the hospital.
 
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
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-Original Message-
From: Charles H. Thulin [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, March 18, 2003 8:10 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP in Other Languages

John,

I don't agree that the plain language requirement of the privacy
regulations requires translation of the NPP into other languages.

In its discussion of the plain language requirement in the preamble to
the final privacy regulations DHHS notes that Title VI of the Civil
Rights Act -- a separate statute -- generally requires entities that
receive Federal financial assistance to provide material ordinarily
distributed to the public in the primary languages of persons with
limited English proficiency in the recipients' service areas, 65
Fed.Reg. 82461, 82549 (December 28, 2000),  thereby creating an
obligation in some cases -- for entities that are subject to Title VI --
to provide the HIPAA notice in non-English languages.  

Employer group health plans, for example, aren't subject to Title VI
(they don't receive Federal

RE: NPP in Other Languages

2003-03-18 Thread Line, Phyllis
Title: RE: NPP in Other Languages





We are translating our notice into Spanish. 


-Original Message-
From: Kathy Findley [mailto:[EMAIL PROTECTED]]
Sent: Monday, March 17, 2003 1:08 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP in Other Languages



Hello All!
I don't belive it's required according to the regulations, however, what is
everyone doing about having a version of the NPP in Spanish or other
languages?
Kf


Kathy Findley
Coordinator - Information Services and HIPAA
St. Joseph's Hospital Health Center
Phone - (315) 448-6111
Beeper - (315) 467-4180
Text Page - [EMAIL PROTECTED]



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Re: NPP in Other Languages

2003-03-18 Thread Beth Cole
As are we.  We have a part-time professional translator on staff who 
is/will be translating all of our HIPAA-related patient correspondence 
for us.

Beth

Line, Phyllis wrote:

We are translating our notice into Spanish.

-Original Message-
From: Kathy Findley [mailto:[EMAIL PROTECTED]
Hello All!
I don't belive it's required according to the regulations, however, 
what is
everyone doing about having a version of the NPP in Spanish or other
languages?
Kf



--
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas


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Re: NPP in Other Languages

2003-03-18 Thread Sonya . Springer

This message is intended only for certain recipients and may be privileged
or confidential.  If you have received it in error,
please notify us and delete it without making or retaining a copy.

THIS IS NOT LEGAL ADVICE. PLEASE CONSULT YOUR OWN COUNSEL.

While HIPAA may not require the NPP or other important documents to be
provided in multiple languages, there are other laws to keep in mind. Title
VI of the Civil Rights Act requires entities receiving federal funds to
provide reasonable accommodations to those who are are limited English
proficient (LEP). This includes providing translation of important
documents and interpreters. Each Federal agency is coming up with its own
guidelines.  DHHS has guidelines. You may want to check the LEP website
www.LEP.gov.
___
Sonya L.C. Springer
Assistant City Solicitor
Commercial Law Unit
City of Philadelphia Law Dept.
1515 Arch Street, 17th Fl.
Philadelphia, PA 19102

PLEASE NOTE THE  NEW PHONE NUMBER
Direct dial (215) 683-5051
Fax (215) 683-5069


   

Kathy Findley  

[EMAIL PROTECTED]   To: WEDI SNIP Privacy Workgroup 
List  
jhsyr.org  [EMAIL PROTECTED]  
   cc: 

03/17/2003 02:07   Subject: NPP in Other Languages 

PM 

Please respond 

to Kathy Findley   

   

   





Hello All!
I don't belive it's required according to the regulations, however, what is
everyone doing about having a version of the NPP in Spanish or other
languages?
Kf

Kathy Findley
Coordinator - Information Services and HIPAA
St. Joseph's Hospital Health Center
Phone - (315) 448-6111
Beeper - (315) 467-4180
Text Page - [EMAIL PROTECTED]


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opinion, post your question to the WEDI SNIP Issues Database at
http://snip.wedi.org/tracking/.   These listservs should not be used for
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services.  They also are not intended to be used as a forum for personal
disagreements or unprofessional communication at any time.

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RE: NPP type size?

2003-03-18 Thread Keith Tularaksa
I'm sorry to beat this one to death, but is there a citation for California
stating that the font size has to be 12 pt for NPP?  

Thanks,
Keith Tularaksa
HIPAA Project Manager
Star HRG
(602) 749-7600, ext. 1490
email: [EMAIL PROTECTED]

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED] 
Sent:   Friday, March 14, 2003 11:29 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

This question was asked recently, and the answer was that in California the
type size must be 12 pt.

Also:
From the final Privacy Regulation Preamble:

Plain Language

As in the proposed rule, we require the notice to be written in plain
language. A covered entity can satisfy the plain language requirement if it
makes a reasonable effort to: organize material to serve the needs of the
reader; write short sentences in the active voice, using ``you'' and other
pronouns; use common, everyday words in sentences; and divide material into
short sections.

[[Page 82549]]

We do not require particular formatting specifications, such as
easy-to-read design features (e.g., lists, tables, graphics, contrasting
colors, and white space), TYPE FACE, AND FONT SIZE. However, the purpose of
the notice is to inform the recipients about their rights and how protected
health information collected about them may be used or disclosed. Recipients
who cannot understand the covered entity's notice will miss important
information about their rights under this rule and about how the covered
entity is protecting health information about them. One of the goals of this
rule is to create an environment of open communication and transparency with
respect to the use and disclosure of protected health information. A lack of
clarity in the notice could undermine this goal and create
misunderstandings. Covered entities have an incentive to make their notice
statements clear and concise. We believe that the more understandable the
notice is, the more confidence the public will have in the covered entity's
commitment to protecting the privacy of health information

and

Comment: We received many comments on the model notice provided in the
proposed ruleA few commenters recommended specific formatting
requirements, such as FONT SIZE OR TYPE.

Response: On the whole, we found commenters' arguments for flexibility
in the regulation more persuasive than those arguing for more
standardization. We agree that a uniform notice would not capture the wide
variation in information practices across covered entities. We therefore do
not include a model notice in the final rule, and do not require inclusion
of specific language in the notice (except for a standard header). We also
do not require particular formatting. We do, however, require the notice to
be written in plain language. (See above for guidance on writing documents
in plain language.) We also agree with commenters that the notice should
contain a standard header to draw the individual's attention to the notice
and facilitate the individual's ability to recognize the notice across
covered entities (emphases added)





-Original Message-
From: Musser, Marilyn J [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 10:16 AM
To: Sherry Neuman; WEDI SNIP Privacy Workgroup List
Subject: RE: NPP type size?


Hi- the body type for our NOPP is 10 pt - see it on our web site:
http://www.wellmark.com/e_business/pdf/T-2601.pdf



Marilyn Musser
Provider Relations Manager
HIPAA-AS Communications Office
Wellmark, Inc.
phone: 515.248.5588
fax: 515.245.4620
[EMAIL PROTECTED]

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED] 
Sent:   Friday, March 14, 2003 10:55 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

Please reply to all.




-Original Message-
From: Beth Cole [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 7:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP type size?


I've seen several references on various mailing lists to something said 
at one of the OCR regional conferences regarding the mandated font size 
of the NPP.   What I'm seeing indicates that attendees at the conference 
were told that in order to comply with other Medicare regulations, the 
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at 
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or 
was this someone talking at a conference who didn't know what he was 
talking about?

Thanks!

Beth

-- 
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas



---
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

Re: NPP in Other Languages

2003-03-18 Thread David Ermer
It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested),
or electronic delivery under certain circumstances and on when you need
to translate such plan documents into another language. If your covered
entity is governed by ERISA, I suggest that you apply these rules. If
you covered entity is not governed by ERISA, you still may find the
guidance helpful. I have quoted the foreign language and mailing
guidance below. Best regards, Dave Ermer

29 C.F.R. §2520.102-2 Style and Format of SPD:

(c) Foreign languages. In the case of either--
(1) A plan that covers fewer than 100 participants at the beginning

of a plan year, and in which 25 percent or more of all plan
participants 
are literate only in the same non-English language, or
(2) A plan which covers 100 or more participants at the beginning
of 
the plan year, and in which the lesser of (i) 500 or more participants,

or (ii) 10% or more of all plan participants are literate only in the 
same non-English language, so that a summary plan description in
English 
would fail to inform these participants adequately of their rights and

obligations under the plan, the plan administrator for such plan shall

provide these participants with an English-language summary plan 
description which prominently displays a notice, in the non-English 
language common to these participants, offering them assistance. The 
assistance provided need not involve written materials, but shall be 
given in the non-English language common to these participants and
shall 
be calculated to provide them with a reasonable opportunity to become 
informed as to their rights and obligations under the plan. The notice

offering assistance contained in the summary plan description shall 
clearly set forth in the non-English language common to such 
participants offering them assistance. The assistance provided need not

involve written materials, but shall be given in the non-English 
language common to these participants and shall be calculated to
provide 
them with a reasonable opportunity to become informed as to their
rights 
and obligations under the plan. The notice offering assistance
contained 
in the summary plan description shall clearly set forth in the non-
English language common to such participants the procedures they must 
follow in order to obtain such assistance.

Example. Employer A maintains a pension plan which covers 1000 
participants. At the beginning of a plan year five hundred of Employer

A's covered employees are literate only in Spanish, 101 are literate 
only in Vietnamese, and the remaining 399 are literate in English. Each

of the 1000 employees receives a summary plan description in English, 
containing an assistance notice in both Spanish and Vietnamese stating

the following:
``This booklet contains a summary in English of your plan rights
and 
benefits under Employer A Pension Plan. If you have difficulty 
understanding any part of this booklet, contact Mr. John Doe, the plan

administrator, at his office in Room 123, 456 Main St., Anywhere City,

State 20001. Office hours are from 8:30 A.M. to 5:00 P.M. Monday
through 
Friday. You may also call the plan administrator's office at (202)
555-
2345 for assistance.''

29 C.F.R §2520.104b-1 Disclosure

(a) General disclosure requirements. The administrator of an 
employee benefit plan covered by part 1 of title I of the Act must 
disclose certain material, including reports, statements and documents,

to participants and beneficiaries. Disclosure under part 1 takes three

forms. First, the plan administrator must, by direct operation of law,

furnish certain material to all participants covered under the plan and

beneficiaries receiving benefits under the plan (other than 
beneficiaries under a welfare plan) at stated times or if certain
events 
occur. Second, the plan administrator must furnish certain material to

individual participants and beneficiaries upon their request. Third,
the 
plan administrator must make certain material available to participants

and beneficiaries for inspection at reasonable times and places.
(b) Fulfilling the disclosure obligation. (1) Where certain 
material, including reports, statements and documents, is required
under 
part 1 of the Act and this part to be furnished either by direct 
operation of law or on individual request, the plan administrator
shall
use measures reasonably calculated to ensure actual receipt of the 
material by plan participants and beneficiaries. Material which is 
required to be furnished to 

RE: NPP in Other Languages

2003-03-18 Thread Christiansen, John (SEA)
Folks -

The plain language requirement for the NPP incorporates regulatory
requirements that include translation into other languages if they are a
material element of the population you serve. I did the research well over a
year ago so don't recall the citations, and don't have time to dig it up
just now, but I believe it was available via an OCR webpage. There are
criteria for determining what languages you need to include, and this would
apply to any CE, not just an employer plan.

John R. Christiansen
Preston | Gates | Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
*Direct: 206.370.8118 *Cell: 206.683.9125
* [EMAIL PROTECTED]
Notice: Internet e-mail is inherently insecure. Unencrypted e-mail may be
accessible to unauthorized viewers, content may be modified or corrupted,
and headers or signatures may incorrectly identify the sender. If you wish
to confirm this message or the identity of the sender, please contact me
using a communications channel other than a reply to this e-mail. Secure
electronic messaging is available and recommended for confidential or
sensitive communications.


-Original Message-
From: David Ermer [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 1:53 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP in Other Languages


It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested),
or electronic delivery under certain circumstances and on when you need
to translate such plan documents into another language. If your covered
entity is governed by ERISA, I suggest that you apply these rules. If
you covered entity is not governed by ERISA, you still may find the
guidance helpful. I have quoted the foreign language and mailing
guidance below. Best regards, Dave Ermer

29 C.F.R. §2520.102-2 Style and Format of SPD:

(c) Foreign languages. In the case of either--
(1) A plan that covers fewer than 100 participants at the beginning

of a plan year, and in which 25 percent or more of all plan
participants 
are literate only in the same non-English language, or
(2) A plan which covers 100 or more participants at the beginning
of 
the plan year, and in which the lesser of (i) 500 or more participants,

or (ii) 10% or more of all plan participants are literate only in the 
same non-English language, so that a summary plan description in
English 
would fail to inform these participants adequately of their rights and

obligations under the plan, the plan administrator for such plan shall

provide these participants with an English-language summary plan 
description which prominently displays a notice, in the non-English 
language common to these participants, offering them assistance. The 
assistance provided need not involve written materials, but shall be 
given in the non-English language common to these participants and
shall 
be calculated to provide them with a reasonable opportunity to become 
informed as to their rights and obligations under the plan. The notice

offering assistance contained in the summary plan description shall 
clearly set forth in the non-English language common to such 
participants offering them assistance. The assistance provided need not

involve written materials, but shall be given in the non-English 
language common to these participants and shall be calculated to
provide 
them with a reasonable opportunity to become informed as to their
rights 
and obligations under the plan. The notice offering assistance
contained 
in the summary plan description shall clearly set forth in the non-
English language common to such participants the procedures they must 
follow in order to obtain such assistance.

Example. Employer A maintains a pension plan which covers 1000 
participants. At the beginning of a plan year five hundred of Employer

A's covered employees are literate only in Spanish, 101 are literate 
only in Vietnamese, and the remaining 399 are literate in English. Each

of the 1000 employees receives a summary plan description in English, 
containing an assistance notice in both Spanish and Vietnamese stating

the following:
``This booklet contains a summary in English of your plan rights
and 
benefits under Employer A Pension Plan. If you have difficulty 
understanding any part of this booklet, contact Mr. John Doe, the plan

administrator, at his office in Room 123, 456 Main St., Anywhere City,

State 20001. Office hours are from 8:30 A.M. to 5:00 P.M. Monday
through 
Friday. You may also call the plan administrator's office at (202)
555-
2345 for assistance.''

29 C.F.R

RE: NPP in Other Languages

2003-03-18 Thread CBowman

Limited English Proficiency (LEP) guidance at:
http://www.hhs.gov/ocr/lep/

If you are subject to Title VI, as it applies to LEP persons, below is safe
harbor gudiance from the above OCR resource:

Safe Harbor. The following actions will be considered strong evidence of
compliance with the recipient's written-translation obligations: 

(a) The DOJ recipient provides written translations of vital documents for
each eligible LEP language group that constitutes five percent or 1,000,
whichever is less, of the population of persons eligible to be served or
likely to be affected or encountered. Translation of other documents, if
needed, can be provided orally; or 

(b) If there are fewer than 50 persons in a language group that reaches the
five percent trigger in (a), the recipient does not translate vital written
materials but provides written notice in the primary language of the LEP
language group of the right to receive competent oral interpretation of
those written materials, free of cost. 

These safe harbor provisions apply to the translation of written documents
only. They do not affect the requirement to provide meaningful access to LEP
individuals through competent oral interpreters where oral language services
are needed and are reasonable. For example, correctional facilities should,
where appropriate, ensure that prison rules have been explained to LEP
inmates, at orientation, for instance, prior to taking disciplinary action
against them. 



Cindi Bowman
Quality and Compliance Coordinator
Catawba County Health Department
828-695-5847


-Original Message-
From: Christiansen, John (SEA) [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 5:43 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP in Other Languages


Folks -

The plain language requirement for the NPP incorporates regulatory
requirements that include translation into other languages if they are a
material element of the population you serve. I did the research well over a
year ago so don't recall the citations, and don't have time to dig it up
just now, but I believe it was available via an OCR webpage. There are
criteria for determining what languages you need to include, and this would
apply to any CE, not just an employer plan.

John R. Christiansen
Preston | Gates | Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
*Direct: 206.370.8118 *Cell: 206.683.9125
* [EMAIL PROTECTED]
Notice: Internet e-mail is inherently insecure. Unencrypted e-mail may be
accessible to unauthorized viewers, content may be modified or corrupted,
and headers or signatures may incorrectly identify the sender. If you wish
to confirm this message or the identity of the sender, please contact me
using a communications channel other than a reply to this e-mail. Secure
electronic messaging is available and recommended for confidential or
sensitive communications.


-Original Message-
From: David Ermer [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 1:53 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP in Other Languages


It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested),
or electronic delivery under certain circumstances and on when you need
to translate such plan documents into another language. If your covered
entity is governed by ERISA, I suggest that you apply these rules. If
you covered entity is not governed by ERISA, you still may find the
guidance helpful. I have quoted the foreign language and mailing
guidance below. Best regards, Dave Ermer

29 C.F.R. §2520.102-2 Style and Format of SPD:

(c) Foreign languages. In the case of either--
(1) A plan that covers fewer than 100 participants at the beginning

of a plan year, and in which 25 percent or more of all plan
participants 
are literate only in the same non-English language, or
(2) A plan which covers 100 or more participants at the beginning
of 
the plan year, and in which the lesser of (i) 500 or more participants,

or (ii) 10% or more of all plan participants are literate only in the 
same non-English language, so that a summary plan description in
English 
would fail to inform these participants adequately of their rights and

obligations under the plan, the plan administrator for such plan shall

provide these participants with an English-language summary plan 
description which prominently displays a notice, in the non-English 
language common to these participants, offering them assistance. The 
assistance provided need not involve written materials, but shall be 
given in the non-English

RE: NPP type size?

2003-03-18 Thread Sherry Neuman
Title: Message



I cited the response that follows regarding 
12-point type requirements for notices and forms in California. Would you happen 
to have the citation for that?Thanks.-Original Message-From: Stanton, Clark 
[mailto:[EMAIL PROTECTED]]Sent: Monday, February 03, 2003 8:27 AMTo: Health 
Information and Technology ListSubject: [hit] RE: Privacy Notice/Font 
SizeI have not seen anything at the federal level. California 
passed a law last year that requires notices and forms given to patients be in 
at least 12 point type.Clark StantonDavis Wright Tremaine LLPSan 
Francisco-Original Message-From: Keith Tularaksa 
[mailto:[EMAIL PROTECTED]]Sent: 
Tuesday, March 18, 2003 1:26 PMTo: WEDI SNIP Privacy Workgroup 
ListSubject: RE: NPP type size?I'm sorry to beat this one to 
death, but is there a citation for California stating that the font size has to 
be 12 pt for NPP?Thanks,Keith TularaksaHIPAA Project 
ManagerStar HRG(602) 749-7600, ext. 1490email: 
[EMAIL PROTECTED]-Original Message-From:  
Sherry Neuman [mailto:[EMAIL PROTECTED]]Sent: Friday, March 14, 2003 11:29 
AMTo: WEDI SNIP Privacy Workgroup 
ListSubject: RE: NPP type 
size?This question was asked recently, and the answer was that in 
California the type size must be 12 pt.Also:From the final Privacy 
Regulation Preamble:"Plain Language As in the 
proposed rule, we require the notice to be written in plain language. A covered 
entity can satisfy the plain language requirement if it makes a reasonable 
effort to: organize material to serve the needs of the reader; write short 
sentences in the active voice, using ``you'' and other pronouns; use common, 
everyday words in sentences; and divide material into short 
sections.[[Page 82549]] We do not require 
particular formatting specifications, such as easy-to-read design features 
(e.g., lists, tables, graphics, contrasting colors, and white space), TYPE FACE, 
AND FONT SIZE. However, the purpose of the notice is to inform the recipients 
about their rights and how protected health information collected about them may 
be used or disclosed. Recipients who cannot understand the covered entity's 
notice will miss important information about their rights under this rule and 
about how the covered entity is protecting health information about them. One of 
the goals of this rule is to create an environment of open communication and 
transparency with respect to the use and disclosure of protected health 
information. A lack of clarity in the notice could undermine this goal and 
create misunderstandings. Covered entities have an incentive to make their 
notice statements clear and concise. We believe that the more understandable the 
notice is, the more confidence the public will have in the covered entity's 
commitment to protecting the privacy of health 
information"and"Comment: We received many comments on the 
model notice provided in the proposed ruleA few commenters recommended 
specific formatting requirements, such as FONT SIZE OR 
TYPE. Response: On the whole, we found commenters' 
arguments for flexibility in the regulation more persuasive than those arguing 
for more standardization. We agree that a uniform notice would not capture the 
wide variation in information practices across covered entities. We therefore do 
not include a model notice in the final rule, and do not require inclusion of 
specific language in the notice (except for a standard header). We also do not 
require particular formatting. We do, however, require the notice to be written 
in plain language. (See above for guidance on writing documents in plain 
language.) We also agree with commenters that the notice should contain a 
standard header to draw the individual's attention to the notice and facilitate 
the individual's ability to recognize the notice across covered entities" 
(emphases added)-Original Message-From: 
Musser, Marilyn J [mailto:[EMAIL PROTECTED]]Sent: 
Friday, March 14, 2003 10:16 AMTo: Sherry Neuman; WEDI SNIP Privacy 
Workgroup ListSubject: RE: NPP type size?Hi- the body type for 
our NOPP is 10 pt - see it on our web site: http://www.wellmark.com/e_business/pdf/T-2601.pdfMarilyn MusserProvider Relations ManagerHIPAA-AS 
Communications OfficeWellmark, Inc.phone: 515.248.5588fax: 
515.245.4620[EMAIL PROTECTED]-Original 
Message-From:  Sherry Neuman [mailto:[EMAIL PROTECTED]]Sent: Friday, March 14, 2003 10:55 
AMTo: WEDI SNIP Privacy Workgroup 
ListSubject: RE: NPP type 
size?Please reply to all.-Original 
Message-From: Beth Cole [mailto:[EMAIL PROTECTED]]Sent: 
Friday, March 14, 2003 7:23 AMTo: WEDI SNIP Privacy Workgroup 
ListSubject: NPP type size?I've seen several references on 
various mailing lists to something saidat one of the OCR regional 
conferences regarding the mandated font sizeof the NPP. What I'm 
seeing indicates that attendees at the conferencewere told that in order to 
comply with other Medicare 

RE: NPP in Other Languages

2003-03-18 Thread Charles H. Thulin
John,

I don't agree that the plain language requirement of the privacy
regulations requires translation of the NPP into other languages.

In its discussion of the plain language requirement in the preamble to
the final privacy regulations DHHS notes that Title VI of the Civil
Rights Act -- a separate statute -- generally requires entities that
receive Federal financial assistance to provide material ordinarily
distributed to the public in the primary languages of persons with
limited English proficiency in the recipients' service areas, 65
Fed.Reg. 82461, 82549 (December 28, 2000),  thereby creating an
obligation in some cases -- for entities that are subject to Title VI --
to provide the HIPAA notice in non-English languages.  

Employer group health plans, for example, aren't subject to Title VI
(they don't receive Federal funds), and thus aren't required by Title VI
to provided notices in non-English languages.  DHHS suggests in the
preamble that the Title VI standards provide helpful guidance [to
covered entities that are not subject to Title IV] for effectively
communicating the content of their notices to non-English speaking
populations. 65 Fed.Reg. 82461, 82549 (December 28, 2000). That's no
mandate for employer group health plans (or any other covered entity
that's not subject to Title VI) to translate NPPs into non-English
languages.  

I think the OCR advice you refer to may be its Policy Guidance on the
Prohibition Against National Origin Discrimination as it Affects Persons
with Limited English Proficiency, 65 Fed. Reg. 52762, 53768 (August 30,
2000),
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register;
docid=00-22140-filed, which creates a compliance safe harbor when an
entity covered by Title VI translates vital documents for groups of
limited-English proficiency individuals who are at least 5% of the
population of eligible individuals to be served.

Regarding Mr. Ermer's comment concerning SPD's, the regulation he cites
does not require translat[ion of] such plan documents into another
language.  It merely requires that English-language summary plan
descriptions in certain instances provide a notice in a non-English
language that assistance available from the plan administrator.  See
also Diaz v. United Agric. Employee Welfare Benefit Plan  Trust, 50
F.3d 1478, 1485 (9th Cir. 1995)(in no instance has the Secretary [of
Labor], after having given full consideration to the problems of
workforces that are not English-language-literate, imposed any
requirement that the operative document itself - either any summary plan
description . . . or any summary annual report . . . or any denial of
benefits such as those involved in this case . . .  - must be furnished
to employees in their native tongues.) There is no analogy to ERISA
that supports translation of the NPP into non-English lanaguages.

Charles H. Thulin
Ekman, Bohrer  Thulin, P.S.
220 West Mercer Street, Suite 400
Seattle, WA 98119
(206) 282-8221


-Original Message-
From: Christiansen, John (SEA) [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 2:43 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP in Other Languages


Folks -

The plain language requirement for the NPP incorporates regulatory
requirements that include translation into other languages if they are a
material element of the population you serve. I did the research well
over a
year ago so don't recall the citations, and don't have time to dig it up
just now, but I believe it was available via an OCR webpage. There are
criteria for determining what languages you need to include, and this
would
apply to any CE, not just an employer plan.

John R. Christiansen
Preston | Gates | Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
*Direct: 206.370.8118 *Cell: 206.683.9125
* [EMAIL PROTECTED]
Notice: Internet e-mail is inherently insecure. Unencrypted e-mail may
be
accessible to unauthorized viewers, content may be modified or
corrupted,
and headers or signatures may incorrectly identify the sender. If you
wish
to confirm this message or the identity of the sender, please contact me
using a communications channel other than a reply to this e-mail.
Secure
electronic messaging is available and recommended for confidential or
sensitive communications.


-Original Message-
From: David Ermer [mailto:[EMAIL PROTECTED]
Sent: Tuesday, March 18, 2003 1:53 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP in Other Languages


It strikes me as an attorney who represents ERISA governed health plans
that the NPP can be considered a material modification to the health
plan under the U.S. Labor Department's (DOL) rules. DOL, in contrast to
HHS, has very specific rules on distributing a summary plan description
or a summary of material modifications to a plan participant, i.e., hand
delivery, first class mail (second or third class only if return and
forwarding postage is guaranteed and address correction is requested

RE: NPP in Other Languages

2003-03-17 Thread Halfhill, Annette
We are currently having it interpreted into Russian, Somali and Spanish.

-Original Message-
From: Kathy Findley [mailto:[EMAIL PROTECTED]
Sent: Monday, March 17, 2003 2:08 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP in Other Languages


Hello All!
I don't belive it's required according to the regulations, however, what is
everyone doing about having a version of the NPP in Spanish or other
languages?
Kf

Kathy Findley
Coordinator - Information Services and HIPAA
St. Joseph's Hospital Health Center
Phone - (315) 448-6111
Beeper - (315) 467-4180
Text Page - [EMAIL PROTECTED]
 

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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
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disagreements or unprofessional communication at any time.

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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: [EMAIL PROTECTED]
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RE: NPP in Other Languages

2003-03-17 Thread Sherry Neuman
Title: Message



In the compliance tool I have developed, I am 
offering not just the Notice in Spanish but the other important "patient" 
documents as well--the Authorization, Requests for Restrictions/Confidential 
Communications/Access/Amendment forms and the letters to patients denying 
access/amendment, as well as the complaint form.If the practice needs 
languages other than Spanish, I am leaving it up to them to get 
translations.I hope this helps.






Regards,
Sherry L. Neuman, 
PharmD

Compliance Solutions 
for Healthcare
Direct: 
209-744-0447
Mobile: 
916-747-0999
[EMAIL PROTECTED]

HIPAA Privacy Deadline is April 14, 2003
-Original 
Message-From: Kathy Findley [mailto:[EMAIL PROTECTED]]Sent: 
Monday, March 17, 2003 11:08 AMTo: WEDI SNIP Privacy Workgroup 
ListSubject: NPP in Other LanguagesHello All!I don't belive 
it's required according to the regulations, however, what is everyone doing 
about having a version of the NPP in Spanish or other languages? KfKathy 
FindleyCoordinator - Information Services and HIPAASt. Joseph's Hospital 
Health CenterPhone - (315) 448-6111Beeper - (315) 467-4180Text Page 
- [EMAIL PROTECTED]---The WEDI SNIP listserv to which you 
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Re: NPP type size?

2003-03-14 Thread William J. Kammerer
You can't prove a negative - I don't believe the Privacy Rule mandates
any particular font size.

9 point is really the smallest human-readable size. 12 point is the
standard at which most folks feel comfortable. 10 point is the absolute
minimum to be taken seriously, though it touches on the preferred size
used in crazy right-wing lunatic screeds (not that I read any of that
stuff, mind you). Unless you're intending to deceive - or hide
something - I would consider a smaller font size unadvisable.

Consider the geriatric crowd in your choice of font. You don't have to
be a senior curmudgeon to be annoyed at tricks and stunts hidden in
teensy font. Shorten your NPP instead, because 8 pages are well beyond
most folks' attention span, anyway - and clearly makes the document
pointless. Keep in mind that executives can't read much beyond one
paragraph with four bulleted points, unless it's some big font book
about Jack Welch sharing his leadership methods.

William J. Kammerer
Novannet, LLC.
Columbus, US-OH 43221-3859
+1 (614) 487-0320

- Original Message -
From: Beth Cole [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, 14 March, 2003 10:23 AM
Subject: NPP type size?


I've seen several references on various mailing lists to something said
at one of the OCR regional conferences regarding the mandated font size
of the NPP.   What I'm seeing indicates that attendees at the conference
were told that in order to comply with other Medicare regulations, the
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or
was this someone talking at a conference who didn't know what he was
talking about?

Thanks!

Beth

--
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas


---
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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RE: NPP type size?

2003-03-14 Thread Sherry Neuman
Please reply to all.




-Original Message-
From: Beth Cole [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 7:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP type size?


I've seen several references on various mailing lists to something said 
at one of the OCR regional conferences regarding the mandated font size 
of the NPP.   What I'm seeing indicates that attendees at the conference 
were told that in order to comply with other Medicare regulations, the 
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at 
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or 
was this someone talking at a conference who didn't know what he was 
talking about?

Thanks!

Beth

-- 
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas



---
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
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[EMAIL PROTECTED]
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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 
unprofessional communication at any time.

You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]
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RE: NPP type size?

2003-03-14 Thread Musser, Marilyn J
Hi- the body type for our NOPP is 10 pt - see it on our web site:
http://www.wellmark.com/e_business/pdf/T-2601.pdf



Marilyn Musser
Provider Relations Manager
HIPAA-AS Communications Office
Wellmark, Inc.
phone: 515.248.5588
fax: 515.245.4620
[EMAIL PROTECTED]

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED] 
Sent:   Friday, March 14, 2003 10:55 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

Please reply to all.




-Original Message-
From: Beth Cole [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 7:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP type size?


I've seen several references on various mailing lists to something said 
at one of the OCR regional conferences regarding the mandated font size 
of the NPP.   What I'm seeing indicates that attendees at the conference 
were told that in order to comply with other Medicare regulations, the 
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at 
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or 
was this someone talking at a conference who didn't know what he was 
talking about?

Thanks!

Beth

-- 
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas



---
The WEDI SNIP listserv to which you are subscribed is not moderated. The
discussions on this listserv therefore represent the views of the individual
participants, and do not necessarily represent the views of the WEDI Board
of Directors nor WEDI SNIP. If you wish to receive an official opinion, post
your question to the WEDI SNIP Issues Database at
http://snip.wedi.org/tracking/.   These listservs should not be used for
commercial marketing purposes or discussion of specific vendor products and
services.  They also are not intended to be used as a forum for personal
disagreements or unprofessional communication at any time.

You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To
unsubscribe from this list, go to the Subscribe/Unsubscribe form at
http://subscribe.wedi.org or send a blank email to
[EMAIL PROTECTED]
If you need to unsubscribe but your current email address is not the same as
the address subscribed to the list, please use the Subscribe/Unsubscribe
form at http://subscribe.wedi.org


---
The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions 
on this listserv therefore represent the views of the individual participants, and do 
not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If 
you wish to receive an official opinion, post your question to the WEDI SNIP Issues 
Database at http://snip.wedi.org/tracking/.   These listservs should not be used for 
commercial marketing purposes or discussion of specific vendor products and services.  
They also are not intended to be used as a forum for personal disagreements or 
unprofessional communication at any time.

You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]
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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: [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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RE: NPP type size?

2003-03-14 Thread Sherry Neuman
This question was asked recently, and the answer was that in California the
type size must be 12 pt.

Also:
From the final Privacy Regulation Preamble:

Plain Language

As in the proposed rule, we require the notice to be written in plain
language. A covered entity can satisfy the plain language requirement if it
makes a reasonable effort to: organize material to serve the needs of the
reader; write short sentences in the active voice, using ``you'' and other
pronouns; use common, everyday words in sentences; and divide material into
short sections.

[[Page 82549]]

We do not require particular formatting specifications, such as
easy-to-read design features (e.g., lists, tables, graphics, contrasting
colors, and white space), TYPE FACE, AND FONT SIZE. However, the purpose of
the notice is to inform the recipients about their rights and how protected
health information collected about them may be used or disclosed. Recipients
who cannot understand the covered entity's notice will miss important
information about their rights under this rule and about how the covered
entity is protecting health information about them. One of the goals of this
rule is to create an environment of open communication and transparency with
respect to the use and disclosure of protected health information. A lack of
clarity in the notice could undermine this goal and create
misunderstandings. Covered entities have an incentive to make their notice
statements clear and concise. We believe that the more understandable the
notice is, the more confidence the public will have in the covered entity's
commitment to protecting the privacy of health information

and

Comment: We received many comments on the model notice provided in the
proposed ruleA few commenters recommended specific formatting
requirements, such as FONT SIZE OR TYPE.

Response: On the whole, we found commenters' arguments for flexibility
in the regulation more persuasive than those arguing for more
standardization. We agree that a uniform notice would not capture the wide
variation in information practices across covered entities. We therefore do
not include a model notice in the final rule, and do not require inclusion
of specific language in the notice (except for a standard header). We also
do not require particular formatting. We do, however, require the notice to
be written in plain language. (See above for guidance on writing documents
in plain language.) We also agree with commenters that the notice should
contain a standard header to draw the individual's attention to the notice
and facilitate the individual's ability to recognize the notice across
covered entities (emphases added)





-Original Message-
From: Musser, Marilyn J [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 10:16 AM
To: Sherry Neuman; WEDI SNIP Privacy Workgroup List
Subject: RE: NPP type size?


Hi- the body type for our NOPP is 10 pt - see it on our web site:
http://www.wellmark.com/e_business/pdf/T-2601.pdf



Marilyn Musser
Provider Relations Manager
HIPAA-AS Communications Office
Wellmark, Inc.
phone: 515.248.5588
fax: 515.245.4620
[EMAIL PROTECTED]

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED] 
Sent:   Friday, March 14, 2003 10:55 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

Please reply to all.




-Original Message-
From: Beth Cole [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 7:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP type size?


I've seen several references on various mailing lists to something said 
at one of the OCR regional conferences regarding the mandated font size 
of the NPP.   What I'm seeing indicates that attendees at the conference 
were told that in order to comply with other Medicare regulations, the 
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at 
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or 
was this someone talking at a conference who didn't know what he was 
talking about?

Thanks!

Beth

-- 
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas



---
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

RE: NPP type size?

2003-03-14 Thread Patricia Conroe
I can't cite the documentation specifically, but I have been informed by other 
coworkers that Medicare does require a 12 font.  I believe it's for the beneficiary 
notices.  So, although HIPAA does not state you must use a certain font, will you get 
in trouble by Medicare if you don't use 12?  Who knows.

 Musser, Marilyn J [EMAIL PROTECTED] 03/14/03 01:16PM 
Hi- the body type for our NOPP is 10 pt - see it on our web site:
http://www.wellmark.com/e_business/pdf/T-2601.pdf 



Marilyn Musser
Provider Relations Manager
HIPAA-AS Communications Office
Wellmark, Inc.
phone: 515.248.5588
fax: 515.245.4620
[EMAIL PROTECTED] 

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED] 
Sent:   Friday, March 14, 2003 10:55 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

Please reply to all.




-Original Message-
From: Beth Cole [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 7:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP type size?


I've seen several references on various mailing lists to something said 
at one of the OCR regional conferences regarding the mandated font size 
of the NPP.   What I'm seeing indicates that attendees at the conference 
were told that in order to comply with other Medicare regulations, the 
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at 
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or 
was this someone talking at a conference who didn't know what he was 
talking about?

Thanks!

Beth

-- 
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas



---
The WEDI SNIP listserv to which you are subscribed is not moderated. The
discussions on this listserv therefore represent the views of the individual
participants, and do not necessarily represent the views of the WEDI Board
of Directors nor WEDI SNIP. If you wish to receive an official opinion, post
your question to the WEDI SNIP Issues Database at
http://snip.wedi.org/tracking/.   These listservs should not be used for
commercial marketing purposes or discussion of specific vendor products and
services.  They also are not intended to be used as a forum for personal
disagreements or unprofessional communication at any time.

You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To
unsubscribe from this list, go to the Subscribe/Unsubscribe form at
http://subscribe.wedi.org or send a blank email to
[EMAIL PROTECTED] 
If you need to unsubscribe but your current email address is not the same as
the address subscribed to the list, please use the Subscribe/Unsubscribe
form at http://subscribe.wedi.org 


---
The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions 
on this listserv therefore represent the views of the individual participants, and do 
not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If 
you wish to receive an official opinion, post your question to the WEDI SNIP Issues 
Database at http://snip.wedi.org/tracking/.   These listservs should not be used for 
commercial marketing purposes or discussion of specific vendor products and services.  
They also are not intended to be used as a forum for personal disagreements or 
unprofessional communication at any time.

You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] 
To unsubscribe from this list, go to the Subscribe/Unsubscribe form at 
http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] 
If you need to unsubscribe but your current email address is not the same as the 
address subscribed to the list, please use the Subscribe/Unsubscribe form at 
http://subscribe.wedi.org 



---
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 
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on this listserv

RE: NPP type size?

2003-03-14 Thread DCampbell
Would anyone know if there is a requirement as to the type of mailing that must be 
used?  I thought I had read that it must be first class mail only.  

Your help is greatly appreciated.

Darlene Campbell
SAMBA Insurance
[EMAIL PROTECTED]

-Original Message-
From: Sherry Neuman [mailto:[EMAIL PROTECTED]
Sent: Friday, March 14, 2003 1:29 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP type size?


This question was asked recently, and the answer was that in California the
type size must be 12 pt.

Also:
From the final Privacy Regulation Preamble:

Plain Language

As in the proposed rule, we require the notice to be written in plain
language. A covered entity can satisfy the plain language requirement if it
makes a reasonable effort to: organize material to serve the needs of the
reader; write short sentences in the active voice, using ``you'' and other
pronouns; use common, everyday words in sentences; and divide material into
short sections.

[[Page 82549]]

We do not require particular formatting specifications, such as
easy-to-read design features (e.g., lists, tables, graphics, contrasting
colors, and white space), TYPE FACE, AND FONT SIZE. However, the purpose of
the notice is to inform the recipients about their rights and how protected
health information collected about them may be used or disclosed. Recipients
who cannot understand the covered entity's notice will miss important
information about their rights under this rule and about how the covered
entity is protecting health information about them. One of the goals of this
rule is to create an environment of open communication and transparency with
respect to the use and disclosure of protected health information. A lack of
clarity in the notice could undermine this goal and create
misunderstandings. Covered entities have an incentive to make their notice
statements clear and concise. We believe that the more understandable the
notice is, the more confidence the public will have in the covered entity's
commitment to protecting the privacy of health information

and

Comment: We received many comments on the model notice provided in the
proposed ruleA few commenters recommended specific formatting
requirements, such as FONT SIZE OR TYPE.

Response: On the whole, we found commenters' arguments for flexibility
in the regulation more persuasive than those arguing for more
standardization. We agree that a uniform notice would not capture the wide
variation in information practices across covered entities. We therefore do
not include a model notice in the final rule, and do not require inclusion
of specific language in the notice (except for a standard header). We also
do not require particular formatting. We do, however, require the notice to
be written in plain language. (See above for guidance on writing documents
in plain language.) We also agree with commenters that the notice should
contain a standard header to draw the individual's attention to the notice
and facilitate the individual's ability to recognize the notice across
covered entities (emphases added)





-Original Message-
From: Musser, Marilyn J [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 10:16 AM
To: Sherry Neuman; WEDI SNIP Privacy Workgroup List
Subject: RE: NPP type size?


Hi- the body type for our NOPP is 10 pt - see it on our web site:
http://www.wellmark.com/e_business/pdf/T-2601.pdf



Marilyn Musser
Provider Relations Manager
HIPAA-AS Communications Office
Wellmark, Inc.
phone: 515.248.5588
fax: 515.245.4620
[EMAIL PROTECTED]

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED] 
Sent:   Friday, March 14, 2003 10:55 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

Please reply to all.




-Original Message-
From: Beth Cole [mailto:[EMAIL PROTECTED] 
Sent: Friday, March 14, 2003 7:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP type size?


I've seen several references on various mailing lists to something said 
at one of the OCR regional conferences regarding the mandated font size 
of the NPP.   What I'm seeing indicates that attendees at the conference 
were told that in order to comply with other Medicare regulations, the 
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at 
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or 
was this someone talking at a conference who didn't know what he was 
talking about?

Thanks!

Beth

-- 
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas



---
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

Re: NPP type size?

2003-03-14 Thread Ellen Rubin
When this HIPAA preparation is over someone should write a book - I
nominate William.  Ellen Rubin

Ellen Rubin, RN, BSN
Privacy Coordinator
Box 359738
Harborview Medical Center
Office:   206 731-6048
Fax:  206 731-2097
Page:206 989-1276
___
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sender by reply email.



- Original Message -
From: William J. Kammerer [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, March 14, 2003 8:32 AM
Subject: Re: NPP type size?


 You can't prove a negative - I don't believe the Privacy Rule mandates
 any particular font size.

 9 point is really the smallest human-readable size. 12 point is the
 standard at which most folks feel comfortable. 10 point is the absolute
 minimum to be taken seriously, though it touches on the preferred size
 used in crazy right-wing lunatic screeds (not that I read any of that
 stuff, mind you). Unless you're intending to deceive - or hide
 something - I would consider a smaller font size unadvisable.

 Consider the geriatric crowd in your choice of font. You don't have to
 be a senior curmudgeon to be annoyed at tricks and stunts hidden in
 teensy font. Shorten your NPP instead, because 8 pages are well beyond
 most folks' attention span, anyway - and clearly makes the document
 pointless. Keep in mind that executives can't read much beyond one
 paragraph with four bulleted points, unless it's some big font book
 about Jack Welch sharing his leadership methods.

 William J. Kammerer
 Novannet, LLC.
 Columbus, US-OH 43221-3859
 +1 (614) 487-0320

 - Original Message -
 From: Beth Cole [EMAIL PROTECTED]
 To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
 Sent: Friday, 14 March, 2003 10:23 AM
 Subject: NPP type size?


 I've seen several references on various mailing lists to something said
 at one of the OCR regional conferences regarding the mandated font size
 of the NPP.   What I'm seeing indicates that attendees at the conference
 were told that in order to comply with other Medicare regulations, the
 type size had to be no less than 12 point.

 If we take it to 12 point, our NPP is at 8 pages.  If we put it at
 either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

 Can anyone give me a black-letter law or regulation citation on this, or
 was this someone talking at a conference who didn't know what he was
 talking about?

 Thanks!

 Beth

 --
 Beth Cole
 Information Services Support Specialist
 Newman Regional Health
 Emporia, Kansas


 ---
 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
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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.

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RE: NPP type size?

2003-03-14 Thread Art Schenkman
I second the motion.  All in favor say Aye  (please
don't reply, just kidding)

-Original Message-
From: Ellen Rubin [mailto:[EMAIL PROTECTED]
Sent: Friday, March 14, 2003 1:46 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP type size?


When this HIPAA preparation is over someone should write a book - I
nominate William.  Ellen Rubin

Ellen Rubin, RN, BSN
Privacy Coordinator
Box 359738
Harborview Medical Center
Office:   206 731-6048
Fax:  206 731-2097
Page:206 989-1276
___
Email Confidentiality Footer
Privileged/Confidential Information may be contained in this message.  You
may not copy or deliver this message to anyone.  If you are not the
addressee indicated in this message, you should destroy it and notify the
sender by reply email.



- Original Message -
From: William J. Kammerer [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, March 14, 2003 8:32 AM
Subject: Re: NPP type size?


 You can't prove a negative - I don't believe the Privacy Rule mandates
 any particular font size.

 9 point is really the smallest human-readable size. 12 point is the
 standard at which most folks feel comfortable. 10 point is the absolute
 minimum to be taken seriously, though it touches on the preferred size
 used in crazy right-wing lunatic screeds (not that I read any of that
 stuff, mind you). Unless you're intending to deceive - or hide
 something - I would consider a smaller font size unadvisable.

 Consider the geriatric crowd in your choice of font. You don't have to
 be a senior curmudgeon to be annoyed at tricks and stunts hidden in
 teensy font. Shorten your NPP instead, because 8 pages are well beyond
 most folks' attention span, anyway - and clearly makes the document
 pointless. Keep in mind that executives can't read much beyond one
 paragraph with four bulleted points, unless it's some big font book
 about Jack Welch sharing his leadership methods.

 William J. Kammerer
 Novannet, LLC.
 Columbus, US-OH 43221-3859
 +1 (614) 487-0320

 - Original Message -
 From: Beth Cole [EMAIL PROTECTED]
 To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
 Sent: Friday, 14 March, 2003 10:23 AM
 Subject: NPP type size?


 I've seen several references on various mailing lists to something said
 at one of the OCR regional conferences regarding the mandated font size
 of the NPP.   What I'm seeing indicates that attendees at the conference
 were told that in order to comply with other Medicare regulations, the
 type size had to be no less than 12 point.

 If we take it to 12 point, our NPP is at 8 pages.  If we put it at
 either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

 Can anyone give me a black-letter law or regulation citation on this, or
 was this someone talking at a conference who didn't know what he was
 talking about?

 Thanks!

 Beth

 --
 Beth Cole
 Information Services Support Specialist
 Newman Regional Health
 Emporia, Kansas


 ---
 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
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 If you need to unsubscribe but your current email address is not the same
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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: [EMAIL PROTECTED]
To unsubscribe from this list, go to the Subscribe/Unsubscribe form at
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If you need to unsubscribe but your

RE: NPP type size?

2003-03-14 Thread Karen Williamson
I just want someone to tell me when it's over!

Karen Williamson
Lead System Project Manager
El Paso County Dept. of Health and Environment, CO
719 575-8468 

-Original Message-
From: Art Schenkman [mailto:[EMAIL PROTECTED]
Sent: Friday, March 14, 2003 1:57 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP type size?


I second the motion.  All in favor say Aye  (please
don't reply, just kidding)

-Original Message-
From: Ellen Rubin [mailto:[EMAIL PROTECTED]
Sent: Friday, March 14, 2003 1:46 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP type size?


When this HIPAA preparation is over someone should write a book - I
nominate William.  Ellen Rubin

Ellen Rubin, RN, BSN
Privacy Coordinator
Box 359738
Harborview Medical Center
Office:   206 731-6048
Fax:  206 731-2097
Page:206 989-1276
___
Email Confidentiality Footer
Privileged/Confidential Information may be contained in this message.  You
may not copy or deliver this message to anyone.  If you are not the
addressee indicated in this message, you should destroy it and notify the
sender by reply email.



- Original Message -
From: William J. Kammerer [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, March 14, 2003 8:32 AM
Subject: Re: NPP type size?


 You can't prove a negative - I don't believe the Privacy Rule mandates
 any particular font size.

 9 point is really the smallest human-readable size. 12 point is the
 standard at which most folks feel comfortable. 10 point is the absolute
 minimum to be taken seriously, though it touches on the preferred size
 used in crazy right-wing lunatic screeds (not that I read any of that
 stuff, mind you). Unless you're intending to deceive - or hide
 something - I would consider a smaller font size unadvisable.

 Consider the geriatric crowd in your choice of font. You don't have to
 be a senior curmudgeon to be annoyed at tricks and stunts hidden in
 teensy font. Shorten your NPP instead, because 8 pages are well beyond
 most folks' attention span, anyway - and clearly makes the document
 pointless. Keep in mind that executives can't read much beyond one
 paragraph with four bulleted points, unless it's some big font book
 about Jack Welch sharing his leadership methods.

 William J. Kammerer
 Novannet, LLC.
 Columbus, US-OH 43221-3859
 +1 (614) 487-0320

 - Original Message -
 From: Beth Cole [EMAIL PROTECTED]
 To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
 Sent: Friday, 14 March, 2003 10:23 AM
 Subject: NPP type size?


 I've seen several references on various mailing lists to something said
 at one of the OCR regional conferences regarding the mandated font size
 of the NPP.   What I'm seeing indicates that attendees at the conference
 were told that in order to comply with other Medicare regulations, the
 type size had to be no less than 12 point.

 If we take it to 12 point, our NPP is at 8 pages.  If we put it at
 either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

 Can anyone give me a black-letter law or regulation citation on this, or
 was this someone talking at a conference who didn't know what he was
 talking about?

 Thanks!

 Beth

 --
 Beth Cole
 Information Services Support Specialist
 Newman Regional Health
 Emporia, Kansas


 ---
 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
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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

RE: NPP type size?

2003-03-14 Thread Marcia Meinert
Maybe you can get by having the official NPP in 10 Font.  Have it state
that there is a large print NPP available upon request.   It wouldn't be
as expensive as having them all made in a larger font.  But it would
certainly accomodate those few patients who may need it a little bit bigger.

-Original Message-
From: Patricia Conroe [mailto:[EMAIL PROTECTED]
Sent: Friday, March 14, 2003 1:06 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP type size?


I can't cite the documentation specifically, but I have been informed by
other coworkers that Medicare does require a 12 font.  I believe it's for
the beneficiary notices.  So, although HIPAA does not state you must use a
certain font, will you get in trouble by Medicare if you don't use 12?  Who
knows.

 Musser, Marilyn J [EMAIL PROTECTED] 03/14/03 01:16PM 
Hi- the body type for our NOPP is 10 pt - see it on our web site:
http://www.wellmark.com/e_business/pdf/T-2601.pdf



Marilyn Musser
Provider Relations Manager
HIPAA-AS Communications Office
Wellmark, Inc.
phone: 515.248.5588
fax: 515.245.4620
[EMAIL PROTECTED]

 -Original Message-
From:   Sherry Neuman [mailto:[EMAIL PROTECTED]
Sent:   Friday, March 14, 2003 10:55 AM
To: WEDI SNIP Privacy Workgroup List
Subject:RE: NPP type size?

Please reply to all.




-Original Message-
From: Beth Cole [mailto:[EMAIL PROTECTED]
Sent: Friday, March 14, 2003 7:23 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP type size?


I've seen several references on various mailing lists to something said
at one of the OCR regional conferences regarding the mandated font size
of the NPP.   What I'm seeing indicates that attendees at the conference
were told that in order to comply with other Medicare regulations, the
type size had to be no less than 12 point.

If we take it to 12 point, our NPP is at 8 pages.  If we put it at
either 9 or 10 point, it's a 4.  So, this is slightly worrisome to us.

Can anyone give me a black-letter law or regulation citation on this, or
was this someone talking at a conference who didn't know what he was
talking about?

Thanks!

Beth

--
Beth Cole
Information Services Support Specialist
Newman Regional Health
Emporia, Kansas



---
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
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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: [EMAIL PROTECTED]
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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

RE: NPP

2003-03-09 Thread Ribelin, Donald









Traci,
only providers are required to make a good faith effort to obtain a written
acknowledgement. 



Donald L. Ribelin

HIPAA Project Manager

Firsthealth of the Carolinas

(910) 215-2668

[EMAIL PROTECTED]



-Original
Message-
From: Traci Winter
[mailto:[EMAIL PROTECTED]
Sent: Friday, March 07, 2003 2:19
PM
To: WEDI SNIP Privacy Workgroup
List
Subject: NPP



Interesting
occurrence just took place..



I
just received a NPP from Guardian Life Insurance Co. It was put in my
inter-office mailbox by our HR staff person. There is no acknowledgement form
for me to sign.. Do they think by having my employer distribute
them that they are not required to make a good faith effort to get an
acknowledgement signed? Just seems a little off to me. Does anyone else find
this a little lacking? 



Traci
Winter 

Hospitals
Home Health Care, Inc.

Fulton,
NY

---
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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
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RE: NPP and accounting for disclosures - was Medicare audits: op erations?

2003-02-14 Thread CBowman
Doug,

Thanks for the clairication for your organization.  

Since the Privacy Rule requires we document and retain any signed
authorization as required by § 164.530(j)..for six years from the date of
its creation or the date when it last was in effect, whichever is later, we
have elected to store authorizations in our records, thus serving as a
reference to our diclosure if we ever desire to refer back to disclosures
made based on an authorization.

Cindi Bowman
Quality and Compliance Coordinator
Catawba County Health Department
828-695-5847


-Original Message-
From: Doug Webb [mailto:[EMAIL PROTECTED]]
Sent: Friday, February 14, 2003 12:12 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP and accounting for disclosures - was Medicare audits:
op erations?


Molly, Cindi:
Where I was coming from is that if I made such a disclosure, I would want to
know that I made it, irrespective of what the rules say I must account for.
The rules don't prohibit me from doing this, just don't mandate it.

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: Shek, Molly [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, February 14, 2003 09:57 AM
Subject: RE: NPP and accounting for disclosures - was Medicare audits: op
erations?


 I quite agree with your assessment of the difference between Authorization
 and the need for Accounting of Disclosures.  However, one of the
exceptions
 to an Accounting of PHI disclosures is disclosures made pursuant to
patient
 authorization.
 
 Molly Shek, MS, RHIA 
   
 
 
 
 -Original Message-
 From: Doug Webb [mailto:[EMAIL PROTECTED]]
 Sent: Friday, February 14, 2003 8:47 AM
 To: WEDI SNIP Privacy Workgroup List
 Subject: Re: NPP and accounting for disclosures - was Medicare audits:
 operations?
 
 
 Noel,
 Quite so.
 
 As you said, quite a few emails seem to overlook that the Authorization to
 do a certian disclosure and the actual disclosure are two separate actions
 and need to be addressed independantly.
 
 Don't forget that the acknowledgment of receipt of your NPP is not an
 Authorization for release of information.  The Authorization is either
 separate (although it might be on the same piece of paper and/or covered
by
 the same signature), or not required (TPO disclosures).
 
 If a disclosure is permitted (either by an Authorization or by being part
of
 TPO), it may or may not be required to be logged.  This must be determined
 for every type of disclosure, independantly from the need for an
 Authorization.
 
 I would use the following rules for determining when to log disclosures
(my
 own hueristic, not sealed in stone):
 If it is not a part of routine operations, log it.
 If you need a separate Authorization to do the disclosure, log it.
 For all routine operations, determine if logging is necessary
 If there are any questions, err on the side of logging rather than on
 the side of not logging.
 
 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: Noel Chang [EMAIL PROTECTED]
 To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
 Sent: Friday, February 14, 2003 01:19 AM
 Subject: NPP and accounting for disclosures - was Medicare audits:
 operations?
 
 
  Changing the subject for a minute:
  
  I have seen several emails from people, including the one below, that
have
 
  made various statements all to the effect that if you mention a
particular
 
  type of disclosure in your NPP, you will not have to account for such 
  disclosures.
  
  Anita wrote:
  
  One way a covered entity might get around having to account for
 disclosures 
  made for auditing purposes is to inform

RE: NPP and accounting for disclosures - was Medicare audits: op erations?

2003-02-14 Thread Halterman, Anita
Title: Message



Read 45 164.502 uses and disclosures of protected health 
information: general rules:(i) "Standard: Uses and disclosures 
consistent with notice. A covered entity that is required by 164.520 [the 
section addressing the notice of privacy practices] to have a notice may not use or disclose protected health information in a manner 
inconsistent with such notice. A covered entity that is required by 
164.502(b)(a)(iii) [separate statements for certain uses or disclosures] to 
include a specific statement in its notice if it intends to engage in an 
activity listed in 164.502(b)(1)(iii)(A)-(C) may not use or disclose protected 
health information for such activities, unless the required statement is 
included in the notice."I am not an attorney and do not work for OCR so 
can not say without doubt that what has been said by many (including myself) 
regarding the fact that if you notice a disclosure that the law allows you to 
make that you don't have to account for it. But I believe that this can be 
concluded from reading the above section of the regulations. I believe if you 
inform a patient in your notice that you may make a disclosure that is allowed 
by the law and that does not require that you first receive an authorization 
before you make the disclosure thatyou do not have to account for it. I 
assume that none of us would make a disclosure that is not specifically allowed 
without first receiving an authorization to do so and if we inadvertently make a 
disclosure that is not allowed (for instance a mis-sent fax) we would account 
for it.The way I have read the above section leads me to believe that if 
you notice a patient regarding a disclosure that is permissible means that you 
do not need to account for it.Any one else out there that supports 
this?By posting my email to the listserv, I had hoped to hear more from 
agencies involved in auditing or that are subject to audits. Surly you folks 
have given this some thought - anyone willing to state how they are viewing this 
particular subject?Thanks,Anita-Original 
Message-From: Noel Chang [mailto:[EMAIL PROTECTED]]Sent: 
Thursday, February 13, 2003 10:20 PMTo: Halterman,Anita; WEDI SNIP Privacy 
Workgroup ListSubject: NPP and accounting for disclosures - was Medicare 
audits: operations?Changing the subject for a minute:I have 
seen several emails from people, including the one below, that havemade 
various statements all to the effect that if you mention a particulartype of 
disclosure in your NPP, you will not have to account for 
suchdisclosures.Anita wrote:"One way a covered entity might 
get around having to account for disclosuresmade for auditing purposes is to 
inform their patients through their noticeof privacy practices that they may 
make a disclosure for this type ofactivity."Could someone please 
cite for me where in the Rule they believe this isauthorized? When I 
read section 164.528(a)(1) it says a CE must account forall disclosures 
except for the ones listed in sub-paragraphs (i) through(ix). No where 
in that list do I see "disclosures that are mentioned in yourNotice of 
Privacy Practices".Is the assumption that by mentioning a type of 
disclosure in my NPP I canthen claim it is part of TPO? I don't see 
any room to make that argumentsince TPO is clearly defined in sections 
164.501 and 164.506.Thanks,Noel Chang--Open 
WebMail Project (http://openwebmail.org)-- 
Original Message ---From: "Halterman, Anita" 
[EMAIL PROTECTED]To: "WEDI SNIP Privacy Workgroup 
List" [EMAIL PROTECTED]Sent: Thu, 13 Feb 2003 14:37:17 
-0900Subject: RE: Medicare audits: operations? I have been 
thinking about this issue for some time now and this is my two cents for 
what it is worth (I am not an attorney). Sorry Chris I don't agree 
with your take on this. In order for this activity to be a part 
of your health care operations, the activity would have to fall under 
the definition of "Health care operations" as follows: 
"Health care operations" means any of the following activities of the 
covered entity to the extent that the activities are related to 
covered functions: (1) Conducting quality assessment and 
improvement activities, including outcomes evaluation and development of 
clinical guidelines, provided that the obtaining of generalizable 
knowledge is not the primary purpose of any studies resulting from such 
activities; population- based activities relating to improving health or 
reducing health care costs, protocol development, case management and 
care coordination, contacting of health care providers and patients 
with information about treatment alternatives; and related functions 
that do not include treatment; (2) Reviewing the competence or 
qualifications of health care professionals, evaluating practitioner and 
provider performance, health plan performance, conducting training 
programs in which students, trainees, or practitioners in areas of 
health care learn under 

RE: NPP and accounting for disclosures - was Medicare audits: op erations?

2003-02-14 Thread Halterman, Anita
Title: Message



The 
disclosures I had referenced in my earlier email posting are permissible 
disclosures (disclosures for audit purposes are allowed by HIPAA). I did not 
mean to imply that all accounting can be avoided as the notice should address 
typical uses of PHI for a CE. 

In general HIPAA's Privacy Rule requires all covered 
entities to track all 
disclosures of protected health information that occurred within a six year 
period except for the following: 

  A disclosure made for the purposes 
  of treatment, payment or health care operations as outlined by 45 CFR 
  164.506; 
  
  A disclosure that is made to the 
  individual about their own protected health information; 
  A disclosure that is incidental to 
  a use or disclosure otherwise permitted or required, as provided for in 45 CFR 
  164.502; 
  
  A disclosure that is made pursuant 
  to an authorization as provided for in 45 CFR 164.508; 
  
  A disclosure made for the purpose 
  of including information in a facility directory, or to people who are 
  involved in an individual's care, or other notification purposes, provided the 
  individual has been given an opportunity to agree or object to such use or 
  disclosure; 
  A disclosure made for national 
  security or intelligence purposes as provided for by the National Security 
  Act; 
  A disclosure made to correctional 
  institutions or to law enforcement officials as allowed by 45 CFR 
  164.512(k)(5); 
  As part of a limited data set in 
  accordance with 45 CFR 164.514(e); or
  A disclosure that occurred 
  prior to the compliance date for the covered entity. 

Covered entities have limited rights to 
suspend an individual's right to receive an accounting of disclosures. These limitations are restricted to 
health oversight activities and or law enforcement activities. To learn more 
about these restrictions 45 CFR 164.528 should be reviewed. 

If I 
implied otherwise please accept my apology as I did not intend to. 

Anita
-Original Message-From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] 
Sent: Friday, February 14, 2003 11:10 AMTo: Halterman, 
Anita; WEDI SNIP Privacy Workgroup ListSubject: RE: NPP and 
accounting for disclosures - was Medicare audits: op 
erations?

  Anita, I do not agree with your interpretation. You are required 
  to provide the notice, yes. You are allowed disclosures for TPO, 
  yes. You are also allowed other disclosures documented in the notice, 
  yes. However, the only disclosures that do not require accounting, are 
  for TPO purposes only. All other permissible disclosures, outside of TPO 
  must be accounted for regardless of their inclusion in the notice. Also 
  all impermissible disclosures must be accounted, regardless of if an 
  authorization is in place or not.
  
  Regards,
  
  
  Tim McGuinness, Ph.D.Email: 
  [EMAIL PROTECTED]Alt Email: [EMAIL PROTECTED]Direct 
  Phone: 1-727-787-9801 /Voice Mail  Fax: 
  1-240-525-1149
  Consulting Specialist in Regulatory 
  Privacy, Security, and Application Compliance - Specialist in Medicaid 
  Provider  Local Government Compliance[HIPAA/FDA/CMS-HCFA/ICH/ADA  Section 
  508/DITSCAP/NIACAP/ISO17799/BS7799/NIST 800 
  CA]Websites: 
  www.HIPAAhelpNETWORK.com www.LocalGovernmentCompliance.com 
  www.TimMcGuinness.com 
  www.McGuinnessDesigns.com
  Executive Co-Chairman for 
  Privacy,HIPAA Conformance Certification Organization 
  (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 
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  be reviewed and approved by your own attorney prior to use, application, or 
  implementation. 
  
-Original Message-From: Halterman, Anita 
[mailto:[EMAIL PROTECTED]]Sent: Friday, February 
14, 2003 1:28 PMTo: WEDI SNIP Privacy Workgroup 
ListSubject: RE: NPP

RE: NPP the short form???

2003-02-06 Thread Ribelin, Donald








My
understanding of the Privacy Rules requirements re: the NPP are as
follows. 


 Each patient
 must be provided a copy of the entire NPP upon their first contact after
 4/13/2003
 We
 must post our NPP on line if we have a web-page
 We
 must attempt to obtain written acknowledgment that the patient (or his/her representative) has
 received a copy of the NPP
 We
 can layer our NPP (provide a one page bulleted summary as part of the NPP)
 but the patient must receive
 the entire NPP
 The
 NPP must use simple language and be comprehensible to the patient or the
 patients representative
 The
 entire NPP must be prominently posted 




Are any of
you aware of any national movement etc. toward a change in the Privacy Rule
that would allow the distribution of a one pager NPP summary in lieu of the
entire NPP? If so, in your opinion is there a
reasonable possibility this could happen prior to 4/24/03? 



Donald L. Ribelin

HIPAA Project Manager

Firsthealth of the Carolinas

(910) 215-2668

[EMAIL PROTECTED]








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RE: NPP revisions

2003-01-30 Thread Chris Apple
Doug,

In accordance with the Office of Civil Rights Guidance issue in December 2002, only 
covered health care provider that have a direct treatment relationship with 
individuals are required to make a good faith effort to obtain the individual's 
acknowledgment of receipt of the notice - 45CFR 164.520(c)(2)(ii).  

This is in their QA section on NPP.

Chris Apple
Dept of Human Resources
State of Nevada

-Original Message-
From: Doug Turpin [mailto:[EMAIL PROTECTED]] 
Sent: Thursday, January 30, 2003 5:59 AM
To: WEDI SNIP Privacy Workgroup List
Cc: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP revisions


Can anyone verify that health plans do not require obtaining an
acknowledgement for NPP? Only providers?


   
   
  Matthew 
   
  Rosenblum   To:  WEDI SNIP Privacy Workgroup 
List [EMAIL PROTECTED]  
  mrosenblum  cc: 
   
  @att.netSubject: RE: NPP revisions  
   
   
   
  01/29/2003 07:28 
   
  PM   
   
  Please respond   
   
  to Matthew  
   
  Rosenblum   
   
   
   
   
   




Traci,

You will still need to maintain (and track) those signed-acknowledgements.
In the Committee's plan, it seems that there will be many more
acknowledgements to maintain.

I hope that this helps.

Your questions are always welcome.

Matt

Matthew Rosenblum
Chief Operations Officer
Privacy, Quality Management  Regulatory Affairs
http://www.CPIdirections.com

CPI Directions, Inc.
10 West 15th Street, Suite 1922
New York, NY 10011

(212) 675-6367
[EMAIL PROTECTED]

CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the
individual or entity to which it is addressed and may contain information
that is privileged, confidential and exempt from disclosure under
applicable law. If you have received this communication in error, please do
not distribute it.  Please notify the sender by E-Mail at the address shown
and delete the original message. Thank you.

AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del
individuo o la entidad a la cual se dirige y puede contener información
privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si
usted ha recibido esta comunicación por error, por favor no lo distribuya.
Favor notificar al remitente del E-Mail a la dirección mostrada y elimine
el mensaje original. Gracias.

  -Original Message-
  From: Noel, Linda A. [mailto:[EMAIL PROTECTED]]
  Sent: Wednesday, January 29, 2003 3:15 PM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: NPP revisions

  Expense.



  Linda Noel
  Corporate Privacy Officer
  Corporate Compliance
  Orlando Regional Healthcare
  321-843-8693
-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 29, 2003 2:27 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP revisions
164.520 [c][2][iv] Whenever the notice is revised, make the
notice available upon request on or after the effective date of
the revision and promptly comply with the requirements of
paragraph [c][2][iii] of this section, if applicable.

I just want to run this by everyone, in our HIPAA committee
meeting today we have decided to provide a NPP and get a signed
acknowledgement of receipt with each admission to home care
services, even if the patient was previously receiving services
from our agency.
The reasoning

Re: NPP revisions

2003-01-30 Thread Connie Hein
You're correct, Doug.  Here's an excerpt from the recent guidance on the
Privacy Regs:

[begin quote]
Q: Are health plans required to make a good faith effort to obtain from
their enrollees a written acknowledgment of receipt of the notice?

A: No. Under the HIPAA Privacy Rule, only covered health care providers that
have a direct treatment relationship with individuals are required to make a
good faith effort to obtain the individual's acknowledgment of receipt of
the notice. See 45 CFR 164.520(c)(2)(ii).
[end quote]

Connie Hein
Paramore Consulting
e-Commerce for healthcare
www.hipaasurvival.com

- Original Message -
From: Doug Turpin [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Cc: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Thursday, January 30, 2003 7:58 AM
Subject: RE: NPP revisions



Can anyone verify that health plans do not require obtaining an
acknowledgement for NPP? Only providers?



  Matthew
  Rosenblum   To:  WEDI SNIP Privacy
Workgroup List [EMAIL PROTECTED]
  mrosenblum  cc:
  @att.netSubject: RE: NPP revisions

  01/29/2003 07:28
  PM

  Please respond
  to Matthew
  Rosenblum






Traci,

You will still need to maintain (and track) those signed-acknowledgements.
In the Committee's plan, it seems that there will be many more
acknowledgements to maintain.

I hope that this helps.

Your questions are always welcome.

Matt

Matthew Rosenblum
Chief Operations Officer
Privacy, Quality Management  Regulatory Affairs
http://www.CPIdirections.com

CPI Directions, Inc.
10 West 15th Street, Suite 1922
New York, NY 10011

(212) 675-6367
[EMAIL PROTECTED]

CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the
individual or entity to which it is addressed and may contain information
that is privileged, confidential and exempt from disclosure under
applicable law. If you have received this communication in error, please do
not distribute it. Please notify the sender by E-Mail at the address shown
and delete the original message. Thank you.

AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del
individuo o la entidad a la cual se dirige y puede contener información
privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si
usted ha recibido esta comunicación por error, por favor no lo distribuya.
Favor notificar al remitente del E-Mail a la dirección mostrada y elimine
el mensaje original. Gracias.

  -Original Message-
  From: Noel, Linda A. [mailto:[EMAIL PROTECTED]]
  Sent: Wednesday, January 29, 2003 3:15 PM
  To: WEDI SNIP Privacy Workgroup List
  Subject: RE: NPP revisions

  Expense.



  Linda Noel
  Corporate Privacy Officer
  Corporate Compliance
  Orlando Regional Healthcare
  321-843-8693
-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 29, 2003 2:27 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP revisions
164.520 [c][2][iv] Whenever the notice is revised, make the
notice available upon request on or after the effective date of
the revision and promptly comply with the requirements of
paragraph [c][2][iii] of this section, if applicable.

I just want to run this by everyone, in our HIPAA committee
meeting today we have decided to provide a NPP and get a signed
acknowledgement of receipt with each admission to home care
services, even if the patient was previously receiving services
from our agency.
The reasoning is, with the rapid turnover of our patients it
would be extremely difficult to track which edition of our
NPP a patient had received, and since our patients sometimes
are re-admitted to our services years down the road it would
allow us to make sure we had documentation that the NPP had
been given.
We may put a section on our acknowledgement form for the
patient to check/sign if they are refusing a copy due to
previous receipt.

I think this should cover us pretty well??. any cons to the
plan?


Traci Winter
Hospitals Home Health Care, Inc.

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nor WEDI SNIP. If you wish to receive an official opinion, post
your question

RE: NPP revisions

2003-01-29 Thread Mimi Hart
My non-legal opinion is that this is overkill...and that patients will
annoyed. I don't believe that was the intent of the privacy regulations.


1. Why do you expect your NPP to change frequently? Is it so specific
that every new request for data (such as from a new accreditation
agency) will cause it to be updated?
2. Could you date or letter your NPP so it is easier to recognize which
edition/version was given? If your application can accomodate a yes/no
to show they received it, why could it not accomodate a date or letter?
3. Think of the costs of this practice. Will you be keeping paper
copies, which must be filed, or electronic copies, which take up disk
space? 

My personal opinion only. Mimi

Mimi Hart Ó¿Õ*
Research Analyst, HIPAA
Iowa Health System
319-369-7767 (phone)
319-369-8365 (fax)
319-490-0637 (pager)
[EMAIL PROTECTED]
 Matthew Rosenblum [EMAIL PROTECTED] 01/29/03 18:56 PM 
Traci,

 

You will still need to maintain (and track) those
signed-acknowledgements.
In the Committee's plan, it seems that there will be many more
acknowledgements to maintain.

 

I hope that this helps.

 

Your questions are always welcome.

 

Matt

 

Matthew Rosenblum

Chief Operations Officer

Privacy, Quality Management  Regulatory Affairs

http://www.CPIdirections.com http://www.cpidirections.com/ 

 

CPI Directions, Inc.

10 West 15th Street, Suite 1922

New York, NY 10011

 

(212) 675-6367

[EMAIL PROTECTED]

 

CONFIDENTIALITY NOTICE: This E-Mail is intended only for the use of the
individual or entity to which it is addressed and may contain
information
that is privileged, confidential and exempt from disclosure under
applicable
law. If you have received this communication in error, please do not
distribute it.  Please notify the sender by E-Mail at the address shown
and
delete the original message. Thank you.

 

AVISO DEL CONFIDENCIALIDAD: Este email es solamente para el uso del
individuo o la entidad a la cual se dirige y puede contener información
privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si
usted ha recibido esta comunicación por error, por favor no lo
distribuya.
Favor notificar al remitente del E-Mail a la dirección mostrada y
elimine el
mensaje original. Gracias.

 

-Original Message-
From: Noel, Linda A. [mailto:[EMAIL PROTECTED]] 
Sent: Wednesday, January 29, 2003 3:15 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP revisions

 

Expense.

 

Linda Noel 
Corporate Privacy Officer 
Corporate Compliance 
Orlando Regional Healthcare 
321-843-8693 

-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, January 29, 2003 2:27 PM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP revisions

164.520 [c][2][iv] Whenever the notice is revised, make the notice
available
upon request on or after the effective date of the revision and promptly
comply with the requirements of paragraph [c][2][iii] of this section,
if
applicable.

 

I just want to run this by everyone, in our HIPAA committee meeting
today we
have decided to provide a NPP and get a signed acknowledgement of
receipt
with each admission to home care services, even if the patient was
previously receiving services from our agency. 

The reasoning is, with the rapid turnover of our patients it would be
extremely difficult to track which edition of our NPP a patient had
received, and since our patients sometimes are re-admitted to our
services
years down the road it would allow us to make sure we had documentation
that
the NPP had been given.

We may put a section on our acknowledgement form for the patient to
check/sign if they are refusing a copy due to previous receipt.

 

I think this should cover us pretty well**. any cons to the plan?

 

 

Traci Winter

Hospitals Home Health Care, Inc.

 

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Re: NPP revisions

2003-01-29 Thread Noel Chang
Yes, it is not necessary.

You only have to obtain written acknowledgment of an individual's receipt of 
your NPP one time (on the first service delivery after the compliance date).

After that, if you subsequently revise your NPP you only need to post the 
revised notice in your facility, and make it available to people on request.  
There is no need to track which version of the NPP they received, nor is 
there a requirement to obtain another acknowledgment if you issue a later 
revision of your NPP.  I believe this has been clarified on the CMS web site 
thorugh their FAQ's, and in the December guidance issued by OCR.  I'm sure I 
could cite you the exact source if you have trouble convincing your other 
committee members.

Noel Chang

--
Open WebMail Project (http://openwebmail.org)


-- Original Message ---
From: Traci Winter [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Wed, 29 Jan 2003 14:26:30 -0500
Subject: NPP revisions

 164.520 [c][2][iv] Whenever the notice is revised, make the notice 
 available upon request on or after the effective date of the 
 revision and promptly comply with the requirements of paragraph 
 [c][2][iii] of this section, if applicable.
 
 I just want to run this by everyone, in our HIPAA committee meeting 
 today we have decided to provide a NPP and get a signed 
 acknowledgement of receipt with each admission to home care services,
  even if the patient was previously receiving services from our 
 agency. The reasoning is, with the rapid turnover of our patients it 
 would be extremely difficult to track which edition of our NPP a 
 patient had received, and since our patients sometimes are re-
 admitted to our services years down the road it would allow us to 
 make sure we had documentation that the NPP had been given. We may 
 put a section on our acknowledgement form for the patient to 
 check/sign if they are refusing a copy due to previous receipt.
 
 I think this should cover us pretty well... any cons to the plan?
 
 Traci Winter
 Hospitals Home Health Care, Inc.
 
 ---
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 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.
 
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 [EMAIL PROTECTED] To unsubscribe from this list, go to the 
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Re: NPP and illiterate population

2003-01-27 Thread William J. Kammerer
It looks like I've touched a live wire here! I certainly have no problem
with the NPP as a pedagogical tool to inform patients and members of
their HIPAA privacy protections. The few that I've seen seem to be short
and readable re-hashes of the privacy rule. For example: We may
disclose for TPO, Where Required by Law or for Public Health Activities,
To Avert a Serious Threat to Health or Safety, For Law Enforcement or
Specific Government Functions, etc. And that we'll get a written
authorization from you for certain other things not allowed by the law -
and you have a right to inspect and amend records, get disclosures, file
complaints, and so on.

Since distributing the NPP and gathering acknowledgements is expensive,
I doubt many (providers or payers) would have done it unless compelled
by the law. But at the end of the day, how would a patient be harmed
by not having received the NPP on her first visit? Even if the patient
is not (now) familiar with the law, the provider (or insurance company)
is! She's still protected (somewhat) by the law, whether or not she
knows of its existence.

And most anyone has some intuition that she's been wronged if the
hospital gives away her most intimate health information to just anyone
(the press?) - which explains why Congress thought it was important to
codify this stuff into law. Now when she complains, her lawyer has an
additional tool to work with. But her HIPAA privacy protections don't
simply disappear because she couldn't read the notice. And, assuming the
provider (or insurance company) is otherwise diligent in obeying the law
(e.g., he actually protects PHI), how is he more vulnerable because he
didn't have the notice printed in 16 different languages and Braille?

William J. Kammerer
Novannet, LLC.
Columbus, US-OH 43221-3859
+1 (614) 487-0320

- Original Message -
From: Ribelin, Donald [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Monday, 27 January, 2003 08:11 AM
Subject: RE: NPP and illiterate population


Yes William I do believe that some will read my company's NPP.  Let me
list a few.

* Some patients
* Some patient's lawyer
* OCR after some patient files a complaint with HHS
* The jurors at the trial over the harm caused to some patient
* Some employee who also becomes a some patient

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

 -Original Message-
From: William J. Kammerer [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 6:25 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP and illiterate population

Why agonize over it? Do you really believe anyone is going to read these
things? I'm literate - with full command of the English language - yet
I've never read one of those stupid GLB privacy notices from banks and
credit card companies, and probably would not have the patience to keep
track of all the subparts and insofar as'es.  And what's with that tiny
type they always use?

William J. Kammerer
Novannet, LLC.
Columbus, US-OH 43221-3859
+1 (614) 487-0320

- Original Message -
From: Jennifer Peters [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, 24 January, 2003 05:49 PM
Subject: RE: NPP and illiterate population


How is everyone handling a situation where a patient is literate, but
unable to comprehend the NPP?


-Original Message-
From: Bentz-Miller, Judith [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 11:10 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP and illiterate population


We will be RECORDING it as a voice mail message (our system
handles over 12 minutes!) and having an extension, with access on both
the local line and 800 line. We are also having a privacy (800
number) hotline set up and both numbers will be listed on business
cards.  Business cards will be located at each receptionist desk.

-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 10:38 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP and illiterate population


I know our NPP is supposed to be easy to read and
understand, but one of our committee members brought up an interesting
thought. What do we do with our illiterate population and our patients
who are legally blind. In the area we service this a definite issue.
Should we put the NPP on an audio cassette so the patients whom are
unable to read it can listen to it?

Opinions appreciated.

Traci Winter
Hospitals Home Health Care, Inc.


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Re: NPP and Illiterate Population

2003-01-27 Thread LAURA HEMINGWAY
I work at an agency that provides Community Mental Health Services to. 
These services are for individuals with limited assets, experience chronic
mental health problems and are often either illiterate or have compromised
cognitive abilities.  Because of their lack of resources, 90% of the time
we travel to where they are to implement a service.  When service is
initiated for a client, it is typically at a time of some form of crisis
for the individual.  The amount of paperwork the client must sign off on
during their initial appointment (intake) is an enormous amount and can be
a barrier to an effective intervention.  (There are 12 forms to sign off on
and a 20 page demographic/Ability to Pay  form to be completed. 
Additionally, we are under a mandate that all forms and reading materials
must be at a fourth grade level for our consumers.  Try writing HIPAA at a
fourth grade level!!! )   Many of our clients are older adults who are
residing in Nursing Homes.  They are often very concerned about all the
paperwork and are very afraid of signing anything.  

While I believe in the rights of our clients (actually our own rights) and
the intent of many of the laws and regulations, I find they can be
cumbersome to effective initial interventions!  Yes, the laws should be
there, and yes, it is a barrier for services when a client is in crisis. 
Theoretically the law is essential, practically it is cumbersome and not at
all efficient.

I think many of our clients do not read all the forms, and it is our
clinicians/case managers who assist them with the reading and the
comprehension.  But, I have also found that the client quickly forgets the
content and / or intent of the forms.  To assist with this, we have a
handbook that is left with the client so they can refer to it at a later
date, if they need to.  I have had positive feedback since I implemented
this handbook in July 2002.   We have not updated the handbook with the
HIPAA information, but we will. 

Happy HIPAA (ha!),

Laura Hemingway, MS, LLP
Peformance Improvement Coordinator
Neighborhood ServiceOrganization
Detroit, MI

 

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Re: NPP and recurrent patients

2003-01-27 Thread Kelli Knuckles
Traci-

You only have to provide your patients with the NPP once.  You need to
somehow track that you have provided the patient with a copy.  One thing
to keep in mind, however, is that if you change or update your NPP new
copies need to be provided to your patients.  At least that's my
understanding.

Kelli Knuckles
Apps Analyst
MCDHS


 Traci Winter [EMAIL PROTECTED] 01/27/03 09:37AM 
OK time to open another can of worms.

It is not unusual for us to discharge a patient and have them return to
our services multiple times. Do have to give them a copy of the NPP each
time we admit them to services? Their medical records are only
maintained on site for the past year and current year, after that they
are sent to an off site storage facility. Should we just add a statement
to the acknowledgement stating a copy of the NPP wasn't provided or was
declined due to receipt at a previous time of admission. I know we had
this option with our patients rights booklet we gave out at time of
admission to hospital patients.

Traci Winter
Hospitals Home Health Care, Inc.


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RE: NPP and recurrent patients

2003-01-27 Thread Ribelin, Donald



Tracy, you must provide the NPP at first contact (with 
some exceptions) or upon future request (for example after the NPP has been 
modified.) There is no requirement to provide it at every visit. You 
only need to make a good faith effort to obtain acknowledgement at that first 
contact issuance.


Donald L. Ribelin, RN, MHS, BSN HIPAA Project Manager FirstHealth of the Carolinas [EMAIL PROTECTED] (910) 
215-2668 

  -Original Message-From: Traci Winter 
  [mailto:[EMAIL PROTECTED]]Sent: Monday, January 27, 2003 11:38 
  AMTo: WEDI SNIP Privacy Workgroup ListSubject: NPP and 
  recurrent patients
  OK time to open another can of worms.
  
  It is not unusual for us to discharge a patient and have them return to 
  our services multiple times. Do have to give them a copy of the NPP each time 
  we admit them to services? Their medical records are only maintained on site 
  for the past year and current year, after that they are sent to an off site 
  storage facility. Should we just add a statement to the acknowledgement 
  stating a copy of the NPP wasn't provided or was declined due to receipt at a 
  previous time of admission. I know we had this option with our patients rights 
  booklet we gave out at time of admission to hospital patients.
  
  Traci Winter
  Hospitals Home Health Care, Inc.---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 
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RE: NPP and recurrent patients

2003-01-27 Thread Dan Kelsey
Actually, the December 2002 FAQ's addressed changes in the privacy notice
and state the following: 

Question:  Does the HIPAA privacy rule require a health care provider to
obtain a new acknowledgment of receipt of the notice from patients if the
facility changes its privacy policy?

Answer:  No.  A covered health care provider with a direct treatment
relationship with individuals is required to make a good faith effort to
obtain an individual's acknowledgment of receipt of teh notice only at the
time the provider firts gives the notice to the individual -- that is, at
first service delivery.  See 45 CFR 164.502(c)(2).

Hope this helps 

Dan Kelsey
Practice Advisor
Indiana State Medical Association

-Original Message-
From: Kelli Knuckles [mailto:[EMAIL PROTECTED]]
Sent: Monday, January 27, 2003 12:16 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP and recurrent patients


Traci-

You only have to provide your patients with the NPP once.  You need to
somehow track that you have provided the patient with a copy.  One thing
to keep in mind, however, is that if you change or update your NPP new
copies need to be provided to your patients.  At least that's my
understanding.

Kelli Knuckles
Apps Analyst
MCDHS


 Traci Winter [EMAIL PROTECTED] 01/27/03 09:37AM 
OK time to open another can of worms.

It is not unusual for us to discharge a patient and have them return to
our services multiple times. Do have to give them a copy of the NPP each
time we admit them to services? Their medical records are only
maintained on site for the past year and current year, after that they
are sent to an off site storage facility. Should we just add a statement
to the acknowledgement stating a copy of the NPP wasn't provided or was
declined due to receipt at a previous time of admission. I know we had
this option with our patients rights booklet we gave out at time of
admission to hospital patients.

Traci Winter
Hospitals Home Health Care, Inc.


---
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official opinion, post your question to the WEDI SNIP Issues Database at
http://snip.wedi.org/tracking/.   These listservs should not be used for
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and services.  They also are not intended to be used as a forum for
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You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] 
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of Directors nor WEDI SNIP. If you wish to receive an official opinion, post
your question to the WEDI SNIP Issues Database at
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Re: NPP and recurrent patients

2003-01-27 Thread Noel Chang
The obligations of health care providers (there are different ones for health 
plans) to distribute your NPP if you revise it after initially disitributing 
it to individuals are limited to making the revised NPP abailable to them 
upon request, and posting the revised notice in your facility (see section 
164.520(c)(2)(iv).  I would also infer from the regs. that you are obliged to 
post the updated version on you website, if you have one, but I cannot find 
an explicit statement about this.

Noel Chang  

--
Open WebMail Project (http://openwebmail.org)


-- Original Message ---
From: Kelli Knuckles [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Mon, 27 Jan 2003 10:15:36 -0700
Subject: Re: NPP and recurrent patients

 Traci-
 
 You only have to provide your patients with the NPP once.  You need 
 to somehow track that you have provided the patient with a copy. 
  One thing to keep in mind, however, is that if you change or update 
 your NPP new copies need to be provided to your patients.  At least 
 that's my understanding.
 
 Kelli Knuckles
 Apps Analyst
 MCDHS
 
  Traci Winter [EMAIL PROTECTED] 01/27/03 09:37AM 
 OK time to open another can of worms.
 
 It is not unusual for us to discharge a patient and have them return 
 to our services multiple times. Do have to give them a copy of the 
 NPP each time we admit them to services? Their medical records are only
 maintained on site for the past year and current year, after that 
 they are sent to an off site storage facility. Should we just add a 
statement
 to the acknowledgement stating a copy of the NPP wasn't provided or was
 declined due to receipt at a previous time of admission. I know we 
 had this option with our patients rights booklet we gave out at time 
 of admission to hospital patients.
 
 Traci Winter
 Hospitals Home Health Care, Inc.
 
 ---
 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 leave-wedi-
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 ---
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 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 
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RE: NPP and recurrent patients

2003-01-27 Thread Ribelin, Donald
Noel, that is also my understanding.

-Original Message-
From: Noel Chang [mailto:[EMAIL PROTECTED]]
Sent: Monday, January 27, 2003 12:59 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP and recurrent patients


The obligations of health care providers (there are different ones for
health 
plans) to distribute your NPP if you revise it after initially disitributing

it to individuals are limited to making the revised NPP abailable to them 
upon request, and posting the revised notice in your facility (see section 
164.520(c)(2)(iv).  I would also infer from the regs. that you are obliged
to 
post the updated version on you website, if you have one, but I cannot find 
an explicit statement about this.

Noel Chang  

--
Open WebMail Project (http://openwebmail.org)


-- Original Message ---
From: Kelli Knuckles [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Mon, 27 Jan 2003 10:15:36 -0700
Subject: Re: NPP and recurrent patients

 Traci-
 
 You only have to provide your patients with the NPP once.  You need 
 to somehow track that you have provided the patient with a copy. 
  One thing to keep in mind, however, is that if you change or update 
 your NPP new copies need to be provided to your patients.  At least 
 that's my understanding.
 
 Kelli Knuckles
 Apps Analyst
 MCDHS
 
  Traci Winter [EMAIL PROTECTED] 01/27/03 09:37AM 
 OK time to open another can of worms.
 
 It is not unusual for us to discharge a patient and have them return 
 to our services multiple times. Do have to give them a copy of the 
 NPP each time we admit them to services? Their medical records are only
 maintained on site for the past year and current year, after that 
 they are sent to an off site storage facility. Should we just add a 
statement
 to the acknowledgement stating a copy of the NPP wasn't provided or was
 declined due to receipt at a previous time of admission. I know we 
 had this option with our patients rights booklet we gave out at time 
 of admission to hospital patients.
 
 Traci Winter
 Hospitals Home Health Care, Inc.
 
 ---
 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 leave-wedi-
 [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 
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 ---
 The WEDI SNIP listserv to which you are subscribed is not moderated. 
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 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 
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your question to the WEDI SNIP Issues Database at
http://snip.wedi.org/tracking/.   These listservs should not be used for
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RE: NPP and recurrent patients

2003-01-27 Thread Beth . Kranda
The citation Noel references below is true and can be found at 164.520 (c)
(3) (i)
An entity that maintains a web site ... must prominently post its notice on
the web site and make the notice available electronically through the web
site.

Thanks
BK
-Original Message-
From: Noel Chang [mailto:[EMAIL PROTECTED]]
Sent: Monday, January 27, 2003 12:59 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP and recurrent patients


The obligations of health care providers (there are different ones for
health 
plans) to distribute your NPP if you revise it after initially disitributing

it to individuals are limited to making the revised NPP abailable to them 
upon request, and posting the revised notice in your facility (see section 
164.520(c)(2)(iv).  I would also infer from the regs. that you are obliged
to 
post the updated version on you website, if you have one, but I cannot find 
an explicit statement about this.

Noel Chang  

--
Open WebMail Project (http://openwebmail.org)


-- Original Message ---
From: Kelli Knuckles [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Mon, 27 Jan 2003 10:15:36 -0700
Subject: Re: NPP and recurrent patients

 Traci-
 
 You only have to provide your patients with the NPP once.  You need 
 to somehow track that you have provided the patient with a copy. 
  One thing to keep in mind, however, is that if you change or update 
 your NPP new copies need to be provided to your patients.  At least 
 that's my understanding.
 
 Kelli Knuckles
 Apps Analyst
 MCDHS
 
  Traci Winter [EMAIL PROTECTED] 01/27/03 09:37AM 
 OK time to open another can of worms.
 
 It is not unusual for us to discharge a patient and have them return 
 to our services multiple times. Do have to give them a copy of the 
 NPP each time we admit them to services? Their medical records are only
 maintained on site for the past year and current year, after that 
 they are sent to an off site storage facility. Should we just add a 
statement
 to the acknowledgement stating a copy of the NPP wasn't provided or was
 declined due to receipt at a previous time of admission. I know we 
 had this option with our patients rights booklet we gave out at time 
 of admission to hospital patients.
 
 Traci Winter
 Hospitals Home Health Care, Inc.
 
 ---
 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 leave-wedi-
 [EMAIL PROTECTED] If you need to unsubscribe but your 
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 the list, please use the Subscribe/Unsubscribe form at 
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 ---
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 The discussions on this listserv therefore represent the views of 
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 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 
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--- End of Original Message ---


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of Directors nor WEDI SNIP. If you wish to receive an official opinion, post
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RE: NPP and illiterate population

2003-01-27 Thread timmcguinness

Good Point Donald.  My concern is that we tend (as a group) to look at the
technicalities, and not the risks.  You can be legally correct, yet still be
sued because of not addressing the risk of being sued.  So I think it is
important to address both the law, and the perceptions.  Overkill in the
long run may actually be lest costly.



-Original Message-
From: Ribelin, Donald [mailto:[EMAIL PROTECTED]]
Sent: Monday, January 27, 2003 8:11 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP and illiterate population


Yes William I do believe that some will read my company's NPP.  Let me list
a few.

* Some patients
* Some patient's lawyer
* OCR after some patient files a complaint with HHS
* The jurors at the trial over the harm caused to some patient
* Some employee who also becomes a some patient

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

 -Original Message-
From:   William J. Kammerer [mailto:[EMAIL PROTECTED]]
Sent:   Friday, January 24, 2003 6:25 PM
To: WEDI SNIP Privacy Workgroup List
Subject:Re: NPP and illiterate population

Why agonize over it? Do you really believe anyone is going to read these
things? I'm literate - with full command of the English language - yet
I've never read one of those stupid GLB privacy notices from banks and
credit card companies, and probably would not have the patience to keep
track of all the subparts and insofar as'es.  And what's with that tiny
type they always use?

William J. Kammerer
Novannet, LLC.
Columbus, US-OH 43221-3859
+1 (614) 487-0320

- Original Message -
From: Jennifer Peters [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, 24 January, 2003 05:49 PM
Subject: RE: NPP and illiterate population


How is everyone handling a situation where a patient is literate, but
unable to comprehend the NPP?


-Original Message-
From: Bentz-Miller, Judith [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 11:10 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP and illiterate population


We will be RECORDING it as a voice mail message (our system
handles over 12 minutes!) and having an extension, with access on both
the local line and 800 line. We are also having a privacy (800
number) hotline set up and both numbers will be listed on business
cards.  Business cards will be located at each receptionist desk.

-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 10:38 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP and illiterate population


I know our NPP is supposed to be easy to read and
understand, but one of our committee members brought up an interesting
thought. What do we do with our illiterate population and our patients
who are legally blind. In the area we service this a definite issue.
Should we put the NPP on an audio cassette so the patients whom are
unable to read it can listen to it?

Opinions appreciated.

Traci Winter
Hospitals Home Health Care, Inc.


---
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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
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disagreements or unprofessional communication at any time.

You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]
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You are currently subscribed to wedi-privacy as:
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RE: NPP and illiterate population

2003-01-26 Thread Darrell Rishel
Although I understand your point, I'd like to think our ethics and sense of
obligation to our patients is on a little higher plane than where the banks
and credit card companies apparantly are.

Darrell Rishel, J.D. 
Director of Information Services 
Arapahoe House, Inc.

This message is not legal advice or a binding signature.


 -Original Message-
 From: William J. Kammerer [mailto:[EMAIL PROTECTED]]
 Sent: Friday, January 24, 2003 4:25 PM
 To: WEDI SNIP Privacy Workgroup List
 Subject: Re: NPP and illiterate population
 
 
 Why agonize over it? Do you really believe anyone is going to 
 read these
 things? I'm literate - with full command of the English language - yet
 I've never read one of those stupid GLB privacy notices from banks and
 credit card companies, and probably would not have the 
 patience to keep
 track of all the subparts and insofar as'es.  And what's with 
 that tiny
 type they always use?
 
 William J. Kammerer
 Novannet, LLC.
 Columbus, US-OH 43221-3859
 +1 (614) 487-0320
 
 - Original Message -
 From: Jennifer Peters [EMAIL PROTECTED]
 To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
 Sent: Friday, 24 January, 2003 05:49 PM
 Subject: RE: NPP and illiterate population
 
 
 How is everyone handling a situation where a patient is literate, but
 unable to comprehend the NPP?
 
 
 -Original Message-
 From: Bentz-Miller, Judith [mailto:[EMAIL PROTECTED]]
 Sent: Friday, January 24, 2003 11:10 AM
 To: WEDI SNIP Privacy Workgroup List
 Subject: RE: NPP and illiterate population
 
 
 We will be RECORDING it as a voice mail message (our system
 handles over 12 minutes!) and having an extension, with access on both
 the local line and 800 line. We are also having a privacy (800
 number) hotline set up and both numbers will be listed on business
 cards.  Business cards will be located at each receptionist desk.
 
 -Original Message-
 From: Traci Winter [mailto:[EMAIL PROTECTED]]
 Sent: Friday, January 24, 2003 10:38 AM
 To: WEDI SNIP Privacy Workgroup List
 Subject: NPP and illiterate population
 
 
 I know our NPP is supposed to be easy to read and
 understand, but one of our committee members brought up an interesting
 thought. What do we do with our illiterate population and our patients
 who are legally blind. In the area we service this a definite issue.
 Should we put the NPP on an audio cassette so the patients whom are
 unable to read it can listen to it?
 
 Opinions appreciated.
 
 Traci Winter
 Hospitals Home Health Care, Inc.
 
 
 ---
 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 
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 You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED]
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RE: NPP and illiterate population

2003-01-24 Thread Bentz-Miller, Judith



We will be RECORDING it as a voice mail 
message (our system handles over 12 minutes!) and having an extension, with 
access on both the local line and 800 line. We are also 
having a privacy (800 number) hotline set up and both numbers will be listed on 
business cards. Business cards will be located at each receptionist 
desk.

  -Original Message-From: Traci Winter 
  [mailto:[EMAIL PROTECTED]]Sent: Friday, January 24, 2003 10:38 
  AMTo: WEDI SNIP Privacy Workgroup ListSubject: NPP and 
  illiterate population
  I know our NPP is supposed to be easy to read and understand, but one of 
  our committee members brought up an interesting thought. What do we do with 
  our illiterate population and our patients who are legally blind. In the area 
  we service this a definite issue. Should we put the NPP on an audio cassette 
  so the patients whom are unable to read it can listen to it? 
  
  Opinions appreciated.
  
  Traci Winter
  Hospitals Home Health Care, Inc.---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 

---
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RE: NPP and illiterate population

2003-01-24 Thread Jennifer Peters
Title: Message



How is everyone handling a situation where a 
patient is literate, but unable to comprehend the NPP?


  
  -Original Message-From: Bentz-Miller, Judith 
  [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 11:10 
  AMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: NPP 
  and illiterate population
  We will be RECORDING it as a voice mail 
  message (our system handles over 12 minutes!) and having an extension, with 
  access on both the local line and 800 line. We are 
  also having a privacy (800 number) hotline set up and both numbers will be 
  listed on business cards. Business cards will be located at each 
  receptionist desk.
  
-Original Message-From: Traci Winter 
[mailto:[EMAIL PROTECTED]]Sent: Friday, January 24, 2003 10:38 
AMTo: WEDI SNIP Privacy Workgroup ListSubject: NPP and 
illiterate population
I know our NPP is supposed to be easy to read and understand, but one 
of our committee members brought up an interesting thought. What do we do 
with our illiterate population and our patients who are legally blind. In 
the area we service this a definite issue. Should we put the NPP on an audio 
cassette so the patients whom are unable to read it can listen to it? 

Opinions appreciated.

Traci Winter
Hospitals Home Health Care, Inc.---The WEDI SNIP listserv to 
which you are subscribed is not moderated. The discussions on this listserv 
therefore represent the views of the individual participants, and do not 
necessarily represent the views of the WEDI Board of Directors nor WEDI 
SNIP. If you wish to receive an official opinion, post your question to the 
WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs 
should not be used for commercial marketing purposes or discussion of 
specific vendor products and services. They also are not intended to be used 
as a forum for personal disagreements or unprofessional communication at any 
time.You are currently subscribed to wedi-privacy as: 
[EMAIL PROTECTED]To unsubscribe from this list, go to the 
Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank 
email to [EMAIL PROTECTED]If you need to 
unsubscribe but your current email address is not the same as the address 
subscribed to the list, please use the Subscribe/Unsubscribe form at 
http://subscribe.wedi.org ---The WEDI SNIP listserv to which 
  you are subscribed is not moderated. The discussions on this listserv 
  therefore represent the views of the individual participants, and do not 
  necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. 
  If you wish to receive an official opinion, post your question to the WEDI 
  SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should 
  not be used for commercial marketing purposes or discussion of specific vendor 
  products and services. They also are not intended to be used as a forum for 
  personal disagreements or unprofessional communication at any time.You 
  are currently subscribed to wedi-privacy as: 
  [EMAIL PROTECTED]To unsubscribe from this list, go to the 
  Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email 
  to [EMAIL PROTECTED]If you need to unsubscribe 
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  the list, please use the Subscribe/Unsubscribe form at 
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---
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Re: NPP and illiterate population

2003-01-24 Thread William J. Kammerer
Why agonize over it? Do you really believe anyone is going to read these
things? I'm literate - with full command of the English language - yet
I've never read one of those stupid GLB privacy notices from banks and
credit card companies, and probably would not have the patience to keep
track of all the subparts and insofar as'es.  And what's with that tiny
type they always use?

William J. Kammerer
Novannet, LLC.
Columbus, US-OH 43221-3859
+1 (614) 487-0320

- Original Message -
From: Jennifer Peters [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, 24 January, 2003 05:49 PM
Subject: RE: NPP and illiterate population


How is everyone handling a situation where a patient is literate, but
unable to comprehend the NPP?


-Original Message-
From: Bentz-Miller, Judith [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 11:10 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP and illiterate population


We will be RECORDING it as a voice mail message (our system
handles over 12 minutes!) and having an extension, with access on both
the local line and 800 line. We are also having a privacy (800
number) hotline set up and both numbers will be listed on business
cards.  Business cards will be located at each receptionist desk.

-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 10:38 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP and illiterate population


I know our NPP is supposed to be easy to read and
understand, but one of our committee members brought up an interesting
thought. What do we do with our illiterate population and our patients
who are legally blind. In the area we service this a definite issue.
Should we put the NPP on an audio cassette so the patients whom are
unable to read it can listen to it?

Opinions appreciated.

Traci Winter
Hospitals Home Health Care, Inc.


---
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: NPP and illiterate population

2003-01-24 Thread Benjamin W. Tartaglia
Good point.

-Original Message-
From: William J. Kammerer [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 6:25 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Re: NPP and illiterate population


Why agonize over it? Do you really believe anyone is going to read these
things? I'm literate - with full command of the English language - yet
I've never read one of those stupid GLB privacy notices from banks and
credit card companies, and probably would not have the patience to keep
track of all the subparts and insofar as'es.  And what's with that tiny
type they always use?

William J. Kammerer
Novannet, LLC.
Columbus, US-OH 43221-3859
+1 (614) 487-0320

- Original Message -
From: Jennifer Peters [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Sent: Friday, 24 January, 2003 05:49 PM
Subject: RE: NPP and illiterate population


How is everyone handling a situation where a patient is literate, but
unable to comprehend the NPP?


-Original Message-
From: Bentz-Miller, Judith [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 11:10 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: NPP and illiterate population


We will be RECORDING it as a voice mail message (our system
handles over 12 minutes!) and having an extension, with access on both
the local line and 800 line. We are also having a privacy (800
number) hotline set up and both numbers will be listed on business
cards.  Business cards will be located at each receptionist desk.

-Original Message-
From: Traci Winter [mailto:[EMAIL PROTECTED]]
Sent: Friday, January 24, 2003 10:38 AM
To: WEDI SNIP Privacy Workgroup List
Subject: NPP and illiterate population


I know our NPP is supposed to be easy to read and
understand, but one of our committee members brought up an interesting
thought. What do we do with our illiterate population and our patients
who are legally blind. In the area we service this a definite issue.
Should we put the NPP on an audio cassette so the patients whom are
unable to read it can listen to it?

Opinions appreciated.

Traci Winter
Hospitals Home Health Care, Inc.


---
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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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 
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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.

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RE: NPP and illiterate population

2003-01-24 Thread timmcguinness
Title: Message



Folks, this isn't really a HIPAA 
issue. It's a Civil Rights issue. Also it may be a state law 
issue. The answer in general is, and it is many times scalable to the size 
of the organization, you have to address the issue, or be subject to the civil 
liability that will come with it. My suggestion is address it in the same 
way as your other authorizations and consents. You can also handle it by 
reading it into your voice mail system, and assigning it an extension, as a 
prerecorded version for your patients. There are always ways to address 
these issues. However, you should also address this to a competent labor 
attorney.

As always be careful who you listen 
to.

Regards,


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

Executive Co-Chairman for Privacy,HIPAA Conformance Certification Organization (HCCO)www.hcco.us
__
Office: 727-787-9801 
Cell: 305-753-4149/240-525-1149Alt Email: [EMAIL PROTECTED]-MSN Instant Messenger:[EMAIL PROTECTED] (do not send 
email to hotmail 
account)__

===
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 
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HIPAA NOTICE: It is acknowledged 
that HIPAA, ASCA, and other regulations and statutes are law, and that all 
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  -Original Message-From: Jennifer Peters 
  [mailto:[EMAIL PROTECTED]]Sent: Friday, January 24, 
  2003 5:49 PMTo: WEDI SNIP Privacy Workgroup ListSubject: 
  RE: NPP and illiterate population
  How is everyone handling a situation where 
  a patient is literate, but unable to comprehend the NPP?
  
  

-Original Message-From: Bentz-Miller, Judith 
[mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 11:10 
AMTo: WEDI SNIP Privacy Workgroup ListSubject: RE: NPP 
and illiterate population
We will be RECORDING it as a voice mail 
message (our system handles over 12 minutes!) and having an extension, with 
access on both the local line and 800 line. We are 
also having a privacy (800 number) hotline set up and both numbers will be 
listed on business cards. Business cards will be located at each 
receptionist desk.

  -Original Message-From: Traci Winter 
  [mailto:[EMAIL PROTECTED]]Sent: Friday, January 24, 2003 10:38 
  AMTo: WEDI SNIP Privacy Workgroup ListSubject: NPP 
  and illiterate population
  I know our NPP is supposed to be easy to read and understand, but one 
  of our committee members brought up an interesting thought. What do we do 
  with our illiterate population and our patients who are legally blind. In 
  the area we service this a definite issue. Should we put the NPP on an 
  audio cassette so the patients whom are unable to read it can listen to 
  it? 
  
  Opinions appreciated.
  
  Traci Winter
  Hospitals Home Health Care, Inc.---The WEDI SNIP listserv 
  to which you are subscribed is not moderated. The discussions on this 
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Re: NPP and home community-based waiver programs

2003-01-10 Thread Kristen Emerson
Here is some information that may help.


I found this letter (9/12/01)  to Secretary Thompson  and the response
helpful.

http://www.dhfs.state.wi.us/HIPAA/Documents/hap.htm


Here is our reasoning behind the standard transactions.
The federal regulations define health care claims or equivalent encounter
information as follows:

(a) A request to obtain payment, and the necessary accompanying information
from a health care provider to a health plan, for health care.

OR

(b) If there is no direct claim, because the reimbursement contract is based
on a mechanism other than charges or reimbursement rates for specific
services, the transaction is the transmission of encounter information for
the purpose of reporting health care.

Our software is utilized for a variety of purposes, including validation of
subcontractors' monthly requests for payment as well as for analyzing and
reporting individual client/service information that we submit to the state
for payment.

From this we decided that by simply reporting services that are defined as
health care to the state via our software for payment, that we are
processing a standard transaction.  We also use our software for enrollment
and disenrollment, and to determine eligibility.

There is some discussion in the regulations about community based services,
which have already been referenced, that we found useful.  Though I have to
admit there is not much out there with regards to programs like ours, we are
still pretty confident that we are covered.

I would appreciate any documentation that you have from CMS or anyone else
that pertains to human service agencies.

Thanks,

Kristen




- Original Message -
From: Kelli Knuckles [EMAIL PROTECTED]
To: WEDI SNIP Privacy Workgroup List [EMAIL PROTECTED]
Cc: Steven Klepzig [EMAIL PROTECTED]; Thomas Papin
[EMAIL PROTECTED]; Diann Rice [EMAIL PROTECTED]; Eleanor Walker
[EMAIL PROTECTED]
Sent: Thursday, January 09, 2003 4:20 PM
Subject: RE: NPP and home  community-based waiver programs


 We are also a Human Services agency, and act in the manner which you
 have described.  We were provided with white papers by CMS (and were
 also told by CMS) that we are not a covered entity.  The white papers
 were put together by the County Issues Subgroup, affiliated with
 California Behavioral Health, as I understand it.

 According to CMS (and the County issues Subgroup) , Social Services
 activities acting to enroll or assess people for Medicaid purposes are
 exempt from HIPAA provisions.  I have a packet that CMS provided when
 they came and spoke directly to Western Colorado counties about this
 issue with all of the documentation to support that opinion.  Our county
 attorney also agrees with this opinion.  Are we way off base?  Can
 anyone provide me with definitive evidence to the contrary?

 Also Kristin, it doesn't sound to me like the electronic activity that
 your agency is engaged in consist of covered transactions (unless you
 are billing medical claims electronically).

 We were up to our eyeballs in HIPAA compliance activities before CMS
 dropped this little nugget on us about three months ago.  Any info would
 be appreciated.

 Thanks-
 Kelli Knuckles
 Mesa County Department of Human Services

  Debby Bartow [EMAIL PROTECTED] 01/09/03 12:21PM 
 In working with many local agencies such as yourself, it has also been
 our finding that this puts you in the seat of a covered entity.



 Debby Bartow

 Tobin  Associates, Inc.

 www.TobinIT.com

 [EMAIL PROTECTED]

 585.586.2103 x3040

 -Original Message-
 From: Chris Brancato [mailto:[EMAIL PROTECTED]]
 Sent: Thursday, January 09, 2003 2:05 PM
 To: WEDI SNIP Privacy Workgroup List
 Subject: RE: NPP and home  community-based waiver programs



 Sorry. Its my experience your lawyer got it right.



 Chris Brancato



 -Original Message-
 From: Kristen Emerson [mailto:[EMAIL PROTECTED]]
 Sent: Thursday, January 09, 2003 12:53 PM
 To: WEDI SNIP Privacy Workgroup List
 Subject: Re: NPP and home  community-based waiver programs



 Our agency has received an outside legal opinion that we are a covered
 entity.



 One of the main reasons is that our agency administers Medicaid Waiver
 programs along with our other programs.



 It was determined that we provide health care services.



  Health Care means preventive, diagnostic, therapeutic,
 rehabilitative,
 maintenance, or palliative care, and counseling, service, assessment
 or
 procedure with respect to the physical or mental condition, or
 functional status, of an individual that affects the structure or
 function of the body.



 We perform a comprehensive assessment on each client based on their
 mental, and functional status, etc.  We also provide case management
 which is cited in the regulations as a health care service (Final
 Rule,
 8/17/200 pg. 50315), along with home health care services, medical
 transportation, counseling, occupational therapy, etc.



 We transmit all client information