David, In many instances the CE's DSR is maintained by a BA, and those CE-BA relationships are subject to the "transition" requirements and the timing of the execution of the BAC. Given this, and the explicit exemption given for "accountings" for PHI created prior to the "compliance date", I would say that HHS's intention would be to allow the CE to start with the "compliance date" and go forward from that day.
But I agree with you that this may be a "gray" area, and that is why I suggested to Pat that the NPP would let the individual (patient) know what the CE may be "allowed" to do. I would certainly like to hear from the folks at HHS and OCR about this one. I'll be at the HIPAA conference in Brooklyn tomorrow, and if I have an opportunity to ask, I will. 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 [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 informaci�n privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si usted ha recibido esta comunicaci�n por error, por favor no lo distribuya. Favor notificar al remitente del E-Mail a la direcci�n mostrada y elimine el mensaje original. Gracias. -----Original Message----- From: David Ermer [mailto:[EMAIL PROTECTED] Sent: Friday, February 28, 2003 10:20 AM To: WEDI SNIP Privacy Workgroup List Subject: RE: Amendment Questions Matt -- I respectfully question your response. The Privacy Rule, 45 CFR � 164.526(a), states that individuals have the right to request an amendment as long as the CE holds the PHI in a designated record set. Neither � 164.526 or � 164.524 (the access right) create an exception for PHI created or received before 4/14/03. If such an exception were implicit in the Privacy Rule then there would have been no need for the express exception found in � 164.528 for otherwise accountable disclosures occurring before 4/14/03. Obviously, the right to request an amendment is prospective. A CE is not obligated to search its files for amendment requests that it may have received and denied before April 14. But in my opinion, beginning April 14, an individual is entitled to request PHI access or amendment with respect to PHI created before that date found in the CE's designated records sets. Best regards, Dave Ermer Gordon & Barnett Attorneys at Law 1133 21st St., NW, Suite 450 Washington, DC 20036 202-833-3400 ext 3009 (voice) 202-223-0120 (fax) www.gordon-barnett.com >>> "Matthew Rosenblum" <[EMAIL PROTECTED]> 02/27/03 08:22PM >>> Patricia, 1) It depends what you say in your NPP, but HIPAA does not mandate that a CE include past information (i.e., PHI created prior to the compliance date) 2) HIPAA does NOT require a "written" request from the individual 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 informaci�n privilegiada, confidencial y exenta de acceso bajo la ley aplicable. Si usted ha recibido esta comunicaci�n por error, por favor no lo distribuya. Favor notificar al remitente del E-Mail a la direcci�n mostrada y elimine el mensaje original. Gracias. -----Original Message----- From: Patricia Conroe [mailto:[EMAIL PROTECTED] Sent: Thursday, February 27, 2003 2:31 PM To: WEDI SNIP Privacy Workgroup List Subject: Amendment Questions I have two questions regarding amendment of the medical/billing record. 1. Do we have to amend info kept prior to the deadline? (The disclosure log specifically says you do not, but nothing on the amendment. What about all those places that have info on microfilm?) and 2. When a patient calls regarding charges on their bill and after investigation it's discovered that those charges are in fact wrong and shouldn't be there. Do you go through the whole amendment process (we have 3 different forms right now for amending info) or is this something we can just go ahead and do? Thanks for your help! --- 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
