Title: Message
Cindi, I have to disagree with you.  The definition of a Business Associate is someone that "performs certain funtions or activities that involve the use of disclosure of protected health informatin on behalf of [my emphasis], or provides services to, a covered entity."  A janitorial crew does not in any way use PHI to perform their job functions.  A repairman (e.g. computer tech) might use PHI in order to recover or fix a problem, thus could be a business associate.  However, privacy and security rules require a covered entity to take reasonable precautions to avoid improper disclosure.  So, for a janitorial crew, that could mean keeping your files either in locked cabinets or behind locked doors, and keeping your desks clean.  Our agency has a large records room with open shelving, so we lock the doors and the cleaning crew is never allowed in the room.
 
 
Dennis Hare
Quality Assurance Spec./Privacy Officer
Central Missouri Regional Center
(573) 882-9835  Fax - (573) 884-4294
email: [EMAIL PROTECTED]
 
CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients named above. The designated recipients are prohibited from redisclosing this information to any other party without authorization and are required to destroy the information after its stated need has been fulfilled. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited by federal or state law. If you have received this communication in error, please notify me immediately by telephone at (573) 882-9835, and destroy all copies of this communication and any attachments.
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Friday, March 07, 2003 1:43 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: Unlocked charts

Cindy,
 
The key work here is incidential.  I don't feel this would be an incidential disclosure since you know the cleaning folks will have access to PHI.  See text below from another list about the topc.
 
Date 1/16/03
"...yesterday during a conference call with 2,000 plus conferees, Linda Sanchez of DHHS clarified the incidental disclosure concept in a way that I thought made sense and which I hadn't seen discussed in the regulatory preambles or the recent OCR Guidance document. In the context of someone coming in to your facility to do repairs on machinery, for example, she said in sum or substance that if you know that a repairperson *WILL* have access to PHI as part of her/his job to repair something, then that is not an incidental disclosure, and must be addressed in a Business Associate Contract".
 

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

 

-----Original Message-----
From: Rupe, Cindy [mailto:[EMAIL PROTECTED]
Sent: Friday, March 07, 2003 12:48 PM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: Unlocked charts

The OCR guidance states that a BA is not required:
 
With persons or organizations (e.g. janitorial sercie or electrician) whose functions or services do not involve the use or disclosure of protected health information, and where any access to protected health information by such persons would be incidental, if at all.
 
Thanks, Cindy

Cindy Rupe, RHIA, CPHQ
HIPAA Coord/Consultant
Billings Area IHS
406-247-7161
[EMAIL PROTECTED]

HIPAA Ready, HIPAA Compliant, and HIPAA Aware

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Friday, March 07, 2003 10:15 AM
To: WEDI SNIP Privacy Workgroup List
Subject: RE: Unlocked charts

This was brought up in San Diego by the folks from OCR.  One of them said her owned doctor accused her of being "one of those people who are making us put locks on our file cabinets."  She stated that the requirement is to keep the PHI private.  If the file cabinet is in a patient area, it might be wise to lock it.  If it is out of a public area, the location may be all that is needed to keep it private.
*The cleaning company should sign a BAA.
 

Joanne Marquez

Senior Director

Beech Street Corporation

Account Services

(949) 672-1519

 

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Thursday, March 06, 2003 7:06 PM
To: WEDI SNIP Privacy Workgroup List
Subject: Unlocked charts

This has probably been covered before, but for those of us still not clear:

Do charts have to locked up if they are within the area of the practice to which no one but employees who may need them have access? The cleaning crew would be in the same area at night.

Thanks very much.

Vicki Saunders
Pain Clinic Associates, PC
[EMAIL PROTECTED]

Pain Clinic Associates, PC Confidentiality Notice: The information contained in this e-mail transmission is confidential information, proprietary to the sender and legally protected. Its purpose is intended for the sole use of the individual(s) or entity named in the message header. If you are not the intended recipient, you are hereby notified that any dissemination, copying or taking any action in reliance on the contents of this information is strictly prohibited. If you received this message in error, please
notify the sender of the error and delete this message, any attachments and all copies. Thank you.

---
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


*************************************************************************************************************
Confidentiality Statement - This Email is confidential. The information herein is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, or other use of this information by persons or entities other than the intended recipient is prohibited. If you are not the intended recipient, you must not disclose or use the information contained in this E-mail. If you have received this E-mail in error, please contact us immediately and delete (destroy) the document.
*************************************************************************************************************
---
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

Reply via email to