Well we haven't heard from the AAPS and their supporters for quite a while!
Not to worry, private civil litigation will be the enforcement method of choice for those impacted by providers who disregard HIPAA. While some of us have been working with the standards bodies and government to obtain some latitude, thus far it appears it will be afforded to the transactional side of the equation only, and it is very unlikely under privacy. However, I have every confidence that litigators and our state courts will be the ultimate determinator of the workability of HIPAA as applied to individuals providers, particularly those more concerned with avoiding it than implementing it. Frankly HIPAA Privacy is workable. It is already the standard of care. It is irrational resistance to change that has made the process so difficult. Tim McGuinness, Ph.D. -----Original Message----- From: fwdanby [mailto:[EMAIL PROTECTED]] Sent: Friday, January 17, 2003 7:01 PM To: WEDI SNIP Privacy Workgroup List Cc: WEDI SNIP Privacy Workgroup List Subject: Re: HIPAA privacy and people With the same due respect, and I, too, mean it sincerely, the word 'unworkable' is very tempting to apply to the whole HIPAA scenario where there is an interface with patients. Take a look at what all you very bright and well-intentioned folks have been posting over the past several months. This is a high level of confusion among intelligent people. Now translate that to the undeniable fact that half the people in the real world are below average intelligence (IQ < 100) and the world we physicians live and work in is populated by patients who, through no fault of their own, exhibit an even higher percentage of room temperature IQs. Sure, we will get some of the people complying some of the time, but all of the people all of the time is, in a word, unworkable. To have us exposed to legal liability in this situation is, in another word, unfair. I believe we providers should demand an umbrella of some sort to protect us from unwarranted, arbitrary, over-zealous enforcement of an essentially unworkable set of regulations. I'd love to hear other opinions on this - here if you think it warranted, privately if you think otherwise. FWDanby, MD [EMAIL PROTECTED] ----- Original Message ----- From: "Benjamin W. Tartaglia" <[EMAIL PROTECTED]> To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]> Sent: Friday, January 17, 2003 12:17 PM Subject: RE: HIPAA privacy and telephone > With all due respect, and I mean it sincerely..... > > Good idea for privacy........ Based on my many years of management > engineering and the application of voice, data and image telecommunications > systems in healthcare as an employee and later as a consultant I suggest it > is unworkable. (really long and ill structured sentence). > > The major premise is "When the patient calls back, someone who can accept > the call and pin number is available". The major premise, although well > intentioned, is false. > > When I try to get to my Doctor's office, I get a call management system 99% > of the time. If I'm really lucky, I may get an answering service. People > who work for many answering services are part timers, sometimes from > temporary employment companies, working for minimum wage, with little or no > healthcare background. Try and get them HIPAA certified. > (I have also done consulting on Doctors' answering services.) > > I believe such a system would simply generate round after round of call > backs which are unsuccessful. If anyone thinks this would actually work, > should get another opinion and only pay for that opinion when the system is > proven effective. > > I really would like to talk to the people who have used this successfully so > that I might add to my professional knowledge and moderate my opinion on he > matter.... or... is this simply a "scenario" from a brainstorming session? > > Additional comments are welcomed and desired. I find I learn more from > people who disagree. > > Ben Tartaglia > Benjamin W. Tartaglia, MBA, BSIM, CSP > Director, Client Services > BWT Associates, HealthCare Consultants > > HIPAA, JCAHO, Telemedicine, Contingency Planning, Telecommunications, > Telephone Fraud & Abuse, Training Programs, Policy & Procedures, Management > Audits. > > PO# 4515, Shrewsbury, MA 01545 > Phone: 508-845-6000 > EMail: [EMAIL PROTECTED] > > -----Original Message----- > From: Ribelin, Donald [mailto:[EMAIL PROTECTED]] > Sent: Friday, January 17, 2003 10:09 AM > To: WEDI SNIP Privacy Workgroup List > Subject: RE: HIPAA privacy and telephone > > > So far, the best scenario I have seen is the phone call that requests the > patient to call back to the office. Part of the call back involves a pin or > secret code that the patient was provided previously. > > Donald L. Ribelin > HIPAA Project Manager > Firsthealth of the Carolinas > (910) 215-2668 > [EMAIL PROTECTED] > > -----Original Message----- > From: Doug Webb [mailto:[EMAIL PROTECTED]] > Sent: Friday, January 17, 2003 9:51 AM > To: WEDI SNIP Privacy Workgroup List > Subject: Re: HIPAA privacy and telephone > > An extension to this -- how do you handle answering machines? > > My gut feeling is that either a no-no (the machine more questionable than a > family member) -- the information could only be released to the patient or > his/her representative designated in a written authorizaton. Perhaps > another signature on your main consent/authorization form to allow these > types of communications is what's needed??? > > The opinions expressed here are my own and not necessarily the opinion of > LCMH. > > Douglas M. Webb > Computer System Engineer > Little Company of Mary Hospital & Health Care Centers > [EMAIL PROTECTED] > > "This electronic message may contain information that is confidential and/or > legally privileged. It is intended only for the use of the individual(s) and > entity(s) named as recipients in the message. If you are not an intended > recipient of the message, please notify the sender immediately, delete the > material from any computer, do not deliver, distribute, or copy this > message, and do not disclose its contents or take action in reliance on the > information it contains. Thank you." > > > > ----- Original Message ----- > From: <[EMAIL PROTECTED]> > To: "WEDI SNIP Privacy Workgroup List" <[EMAIL PROTECTED]> > Sent: Thursday, January 16, 2003 04:04 PM > Subject: HIPAA privacy and telephone > > > > I would like the lists opinion on this topic. > > > > Patient comes to the office to have their potassium checked because they > are on a diuretic. Later, the physician's nurse calls the patient at home > with results but the patient is not home. Spouse answers the phone. Can > you tell the spouse that the potassium was fine and that he/she should tell > the spouse to continue the same dose of diuretic and potassium supplement? > If you say "no, this type of disclosure is not allowed", would it matter > that we put a statment in our Notice of Privacy Practices that stated (in > the section on Payment, treatment and health care operations) "On occasion, > we call test results to your home and leave the results with a family member > if you are not present". Now, obviously, we would not do this with a HIV > result but it seems like such a waste of everyone's time to play phone tag > to accommodate the one patient in a million that is actually upset because > you told the spouse what the potassium result was. Thank you. > > > > Rich Fairley, > > Dubuque, IA > > > --- > The WEDI SNIP listserv to which you are subscribed is not moderated. The > discussions on this listserv therefore represent the views of the individual > participants, and do not necessarily represent the views of the WEDI Board > of Directors nor WEDI SNIP. If you wish to receive an official opinion, post > your question to the WEDI SNIP Issues Database at > http://snip.wedi.org/tracking/. These listservs should not be used for > commercial marketing purposes or discussion of specific vendor products and > services. They also are not intended to be used as a forum for personal > disagreements or unprofessional communication at any time. > > You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] > To unsubscribe from this list, go to the Subscribe/Unsubscribe form at > http://subscribe.wedi.org or send a blank email to > [EMAIL PROTECTED] > If you need to unsubscribe but your current email address is not the same as > the address subscribed to the list, please use the 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 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: archive@mail-archive.com To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
