Re: New to this list, have two questions.

[Doug Webb]

Title: RE: New to this list, have two questions.

Deborah, I agree. Your short answer to 2) was "No".  I'll add another two roles (only one of which has a "Yes answer).   If what they're discussing is actively participating in a Treatment Plan, then the Case Manager would be a potential Covered Entity (acutal one if she bills electronically) operating on her own behalf and participating in Treatment.   Only in the case that the Case Manager is doing a service on behalf of the Provider, and that service is not delivering health care, would a BAA be necessary.   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: Deborah Campbell To: WEDI SNIP Privacy Workgroup List Sent: Monday, March 24, 2003 08:38 AM Subject: RE: New to this list, have two questions. Here's my opinion. I'd be interested if anyone has other opinions. 1) An email is unprotected as soon as it is sent over the internet. Almost anyone can intercept it. So you need to determine your risk and what you want to do to eliminate it. We have determined that no PHI will be sent via email until we have an encryption solution. 2) It depends what the Case Manager is doing. If they are working "on behalf of  the insurance carrier, then they are either an employee of the carrier or a BA of the carrier. If they are doing Quality Assurance on behalf of the carrier, you are permitted to release PHI to them without the need of any contract with them (the carrier would have the contract). Check � 164.506(c)(4) of the August revisions of the Privacy Rule. Deborah Deborah Campbell Compliance Coordinator Dominion Dental Services, Inc. 115 South Union Street, Suite 300 Alexandria, Virginia 22314 Phn: (703) 518-5000 ext. 3035 Fax: (703) 518-8849 Toll Free:  888-518-5338 Email: [EMAIL PROTECTED] ******************************************* The information in this email is confidential and may be legally privileged.  It is intended solely for the addressee.  Access to this email by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. ********************************************************************* -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] Sent: Monday, March 24, 2003 9:25 AM To: WEDI SNIP Privacy Workgroup List Subject: New to this list, have two questions. Hello List, I am new to this list, so please be patient with me, if I ask any questions that have been addressed repeatedly in the past.  Anyway, I am the HIPAA Privacy Officer for a Physician's Group Practice and have just recently finished our first round of "Privacy Training and Education" for the group.  Two questions came up that I could not answer specifically:        1)   Is there specific direction as to what we can and can not discuss during              e-mails between the clinic and patient; and        2)   Do we need a contract between Nurse Case Manager's that come in to our              office to discuss treatment plans with our doctors (that are contracted              by the Insurance Carrier) and our Physician's Group to satisfy "Business              Associate Policy" portion of our HIPAA Privacy Rule policies? I appreciate any information available.  Also, please let me know if there are other "List-Serves" that are more specific to "Healthcare Privacy, Security & Electronic Transactions." Thank You, Daryl Ewing, CPC RPK Anesthesia, P.A.              --- 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