Indeed Gerald, the statement that they are not required is beyond inaccurate. In fact they are required to give them out at the first reasonable opportunity after the emergency. This can include by mail as well - which is how my local government clients will be handling it with their EMT. Plus we are printing up new business cards for all EMT personnel with the webaddress of the website with the NPP on the card - the cards will be given out to every transport or patient as a backup. Plus this webaddress will be on all forms and documents. Plus copies will be at all locations, as well as a copy in the EMT vehicle. Now, was that so hard?
If there is one thing true about HIPAA, it's don't guess, and argue on the side of overkill! Regards, Tim McGuinness, Ph.D. Consulting Specialist in Regulatory Privacy, Security, and Application Compliance HIPAA/FDA/CMS-HCFA/ICH/ADA & Section 508/DITSCAP/NIACAP/ISO17799/BS7799/NIST 800 C&A Specialist in Local Government Compliance www.localgovernmentcompliance.com [EMAIL PROTECTED] / www.timmcguinness.com / www.HIPAAhelpNETWORK.com Executive Co-Chairman for Privacy, HIPAA Conformance Certification Organization (HCCO) www.hcco.us =========================================================================== IMPORTANT LEGAL NOTICE: This communication, including any attachment, contains information that may be confidential or privileged, and is intended solely for the entity or individual to whom it is addressed. If you are not the intended recipient, please notify the sender at once, and you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message is strictly prohibited. Nothing in this email, including any attachment, is intended to be a legally binding signature. HIPAA NOTICE: It is acknowledged that HIPAA, ASCA, and other regulations and statutes are law, and that all interpretation of law should involve licensed attorneys in good standing with their local Bar Association. The forgoing is provided for educational or discussion purposes only. The author accepts no responsibility for its accuracy, review, distribution, or use in any way. You assume responsibility for understanding this material and its applicability and/or use. The above may need to be interpreted by your attorney as needed to conform with federal or state law - you�re use of this information must always be reviewed and approved by your own attorney prior to use, application, or implementation. -----Original Message----- From: Gerald E. DeLoss [mailto:[EMAIL PROTECTED]] Sent: Friday, January 24, 2003 8:23 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: EMS and the NPP What specific section of the rule do you base this on? I disagree. Jud Gerald "Jud" E. DeLoss, Esq. Barnwell Whaley Patterson & Helms, LLC 885 Island Park Drive Post Office Drawer H (29402) Charleston, SC 29492 Telephone (843) 577-7700 Direct (843) 329-5313 Facsimile (843) 577-7708 [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> The information contained in this message may be privileged and/or confidential and protected from disclosure. If the reader of this message is not the intended recipient or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete all copies of the material. -----Original Message----- From: William Gateland [mailto:[EMAIL PROTECTED]] Sent: Thursday, January 23, 2003 8:05 PM To: WEDI SNIP Privacy Workgroup List Subject: RE: EMS and the NPP Forget all this talk about layered notice or full notice. The EMS does not have to carry NPP's or give them out per the rule. Bodhitaro1 --- Dee Warrington <[EMAIL PROTECTED]> wrote: > Spencer, > > Donald is correct. Members/patients must receive > the whole document -- even if covered entities > choose to create a "layered" notice. It is simply > an executive summary for the members/patients. > > Dee Warrington > Director, HIPAA and Regulatory Compliance > OAO HealthCare Solutions, Inc. > 20955 Warner Center Lane > Woodland Hills, CA 91367 > (818) 598-6606 > Fax: (818) 598-3270 > [EMAIL PROTECTED] > -----Original Message----- > From: Ribelin, Donald > [mailto:[EMAIL PROTECTED]] > Sent: Thursday, January 23, 2003 8:55 AM > To: WEDI SNIP Privacy Workgroup List > Subject: RE: EMS and the NPP > > > Spencer, this is not how I read this provision. I > believe you must provide the entire NPP, not just > part of it. IMHO, the layer is simply a bulleted > cover sheet that is meant to assist the patient in > better understanding their rights. > > Donald L. Ribelin > HIPAA Project Manager > Firsthealth of the Carolinas > (910) 215-2668 > [EMAIL PROTECTED] > > -----Original Message----- > From: Spencer Hall > [mailto:[EMAIL PROTECTED]] > Sent: Thursday, January 23, 2003 10:33 AM > To: WEDI SNIP Privacy Workgroup List > Subject: RE: EMS and the NPP > > The recent guidance allows for a "layered" NPP - you > can provide your customers with a shot form and then > provide the long form if it is requested. > > > Spencer D. Hall > Health Information Security Officer > St. Vincent's > (904) 308-7029 > [EMAIL PROTECTED] > > >>> "Ribelin, Donald" <[EMAIL PROTECTED]> > 01/23/03 07:56AM >>> > Chris, thanks for the feedback. Biggest problem, our > NPP is five pages (front and back) long. Attaching > it becomes an issue secondary to its bulk. Good > point about 911 calls. We are less worried about > them. > > Donald L. Ribelin > HIPAA Project Manager > Firsthealth of the Carolinas > (910) 215-2668 > [EMAIL PROTECTED] > > -----Original Message----- > From: Chris Brancato > [mailto:[EMAIL PROTECTED]] > Sent: Wednesday, January 22, 2003 10:20 AM > To: Ribelin, Donald; WEDI SNIP Privacy Workgroup > List > Subject: RE: EMS and the NPP > > Don, > I consult with some of the nations largest Fire/EMS > departments for HIPAA. > I advise several different ways. Non-transports > require a treat and release signature from a > patient. > A copy of NPP can be printed on the back or > separately, but they should make a "reasonable > attempt" to provide the NPP. What you don't say is > how they are activated. If they are activated via > 911, this is an emergency response, not requiring an > NPP as the call is emergency, not routine, in > nature. > > I also advise departments that do the billing to > include the NPP in the billing statement, just like > the Credit Card companies do. > > Hope that helps. > > Chris Brancato > > -----Original Message----- > From: Ribelin, Donald > [mailto:[EMAIL PROTECTED]] > Sent: Tuesday, January 21, 2003 8:03 AM > To: WEDI SNIP Privacy Workgroup List > Subject: RE: EMS and the NPP > > An interesting question from our EMS HIPAA rep > yesterday: > > When EMS treats and transports an accident victim to > another hospital (one not part of our enterprise), > should we give them a copy of our NPP? One of the > underlying issues centers on our management of EMS > in several counties. While most of the patients > involved end up at FirstHealth facilities (where > they would receive a copy of the NPP once their > condition allowed), a significant minority are > transported to other hospitals. On first look my > response is that the receiving facility would be > responsible for providing the patient with a copy of > their NPP. But is that the case? I would like the > group's comments, opinions and citations re: the > whole ems issue. I am also looking forward to OCR's > clarifications on these issues. > > > Donald L. Ribelin > HIPAA Project Manager > Firsthealth of the Carolinas > (910) 215-2668 > [EMAIL PROTECTED] > > > --- > The WEDI SNIP listserv to which you are subscribed > is not moderated. The discussions on this listserv > therefore represent the views of the individual > participants, and do not necessarily represent the > views of the WEDI Board of Directors nor WEDI SNIP. > If you wish to receive an official opinion, post > your question to the WEDI SNIP Issues Database at > http://snip.wedi.org/tracking/. These listservs > should not be used for commercial marketing purposes > or discussion of specific vendor products and > services. They also are not intended to be used as a > forum for personal disagreements or unprofessional > communication at any time. > > You are currently subscribed to wedi-privacy as: > [EMAIL PROTECTED] > To unsubscribe from this list, go to the > Subscribe/Unsubscribe form at > http://subscribe.wedi.org or send a blank email to > [EMAIL PROTECTED] > If you need to 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] > === message truncated === __________________________________________________ Do you Yahoo!? Yahoo! Mail Plus - Powerful. Affordable. Sign up now. http://mailplus.yahoo.com --- 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
