Lindsay, I have read most of the comments regarding the questions you asked regarding the covered entity responsibility for a provider, and when they are responsible for adhering to privacy regulations.
I am sharing a section from the privacy final rule that may shed some light on your question or add to the confusion, either way I hope the information will be beneficial. "In the final rule, the scope is extended to the protection of all individually identifiable health information in any form, electronic or non-electronic, that is held or transmitted by a covered entity. This includes individually identifiable health information in paper records that has never been electronically stored or transmitted." This section is from: Standards for Privacy of Individually Identifiable Health Information , December 20, 2000, Final Rule page 117, 118. Thank you for providing insight to the provider side, regarding compliance issues. I work more with health plans, but interested in how the provider will be affected. Have a nice day. -----Original Message----- From: Askew, Lindsay W [mailto:[EMAIL PROTECTED]] Sent: Tuesday, October 02, 2001 3:57 PM To: '[EMAIL PROTECTED]' Subject: RE: Once covered, always covered? My understanding is that a provider has the option relative to transactions and code sets (TCS). If it chooses to transact a covered standard electronically it must adhere to the standards AND at that point they are also on the hook for the privacy regulations as well. Subsequent to that activity they can choose to go paper, thus non-standard. However, they are still on the hook for privacy. -----Original Message----- From: William Lambrukos [mailto:[EMAIL PROTECTED]] Sent: Tuesday, October 02, 2001 11:51 AM To: [EMAIL PROTECTED] Subject: Re: Once covered, always covered? >>But for privacy purposes, is it still a "covered entity"? We note that, if a provider never sends an electronic transaction, it never becomes a covered entity. But if it sends just one, did it touch the third rail, is it covered now forever?<< My understanding is yes, once sent electronic it is covered in any and all future forms. Other opinions? Bill ********************************************************************** To be removed from this list, send a message to: [EMAIL PROTECTED] Please note that it may take up to 72 hours to process your request. ********************************************************************** To be removed from this list, send a message to: [EMAIL PROTECTED] Please note that it may take up to 72 hours to process your request. ********************************************************************** To be removed from this list, send a message to: [EMAIL PROTECTED] Please note that it may take up to 72 hours to process your request.
