Rachel, Since Leah and Dean already responded to the first part of your question I'll just address the last part. Yes, 'wrongful' disclosures must be included in an accounting.
Cheri -----Original Message----- From: rachelmcass [mailto:[EMAIL PROTECTED] Sent: Wednesday, April 02, 2003 5:43 AM To: WEDI SNIP Privacy Workgroup List Subject: Accounting for Disclosures, and Health Oversight I attended education yesterday for nursing facility providers, in which a representative of the state's Department of Inspections and Appeals - our health oversight agency in Iowa for nursing facilities - stated that facilities do not need to account for disclosures made to them during a survey. Among the reasons he seemed to be listing were: 1) they are not a covered entity, 2)they are not a business associate, and 3) we (the facilities) are required by law to make those disclosures. It is my understanding that we must account for *all* disclosures made outside of treatment, payment, and healthcare operations, with the only exceptions being those specifically listed in 164.528(a)(1). The only thing I found anywhere in the rule that might indicate we would not account for disclosures made for health oversight purposes was 164.528(a)(2), which states: (2).. (i) The covered entity must temporarily suspend an individual's right to receive an accounting of disclosures to a health oversight agency or law enforcement official, as provided in § 164.512(d) or (f), respectively, for the time specified by such agency or official, if such agency or official provides the covered entity with a written statement that such an accounting to the individual would be reasonably likely to impede the agency's activities and specifying the time for which such a suspension is required. (ii) If the agency or official statement in paragraph (a)(2)(i) of this section is made orally, the covered entity must: (A) Document the statement, including the identity of the agency or official making the statement; (B) Temporarily suspend the individual's right to an accounting of disclosures subject to the statement; and (C) Limit the temporary suspension to no longer than 30 days from the date of the oral statement, unless a written statement pursuant to paragraph (a)(2)(i) of this section is submitted during that time. This does not say to me that a provider will not account for disclosures to health oversight agencies; in fact, I think it means quite the opposite. Also, I think the fact that the DIA is not a covered entity is irrelevant; if the facility is covered, it must account, even when the disclosure is required by law. I would appreciate any input from the group, or if anyone knows of a justification or regulatory reference that indicates a provider would not account for a disclosure made to a health oversight agency. An afterthought question - would a facility also account for wrongful disclosures of which it becomes aware (I'm not talking about incidental disclosures, but violations, for instance, by workforce members)? Thanks in advance! Rachel IMPORTANT NOTICE: This e-mail, including attachments, may be confidential or privileged communication intended for the exclusive use of the person or entity to which it is addressed. If the reader of this e-mail is not the intended recipient, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. 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