RE: Covered entities

[Wallis, Dan]

Title: RE: Covered entities

I would like to ride the fence here. Of course, like so much, this is open to interpretation. However, as I understand it there are two sets of standards: 1)       If a person sends a fax manually to another person 2)       A fax server sending automated faxes   Manual faxes would not be treated as electronic data transfer. Fax servers, on the other hand, would be treated the same as an electronic transfer.   This issue impacts me directly as our organization uses a fax server to automatically send PHI to PCPs and Facilities 24/7. Of course we have the appropriate header on the fax that instructs someone to destroy the fax and contact us should they receive the fax in error, but I’m not sure that is enough. I have heard that a fax server can only be utilized to transmit PHI during business hours to a secure location. Confirmation or refutation of this would be greatly appreciated.   Dan Wallis Director of Technology KP OnCall, LLC A Division of Kaiser Permenente     -----Original Message----- From: Miller, Bobby [mailto:[EMAIL PROTECTED]] Sent: Tuesday, March 19, 2002 6:08 AM To: 'Bill Bernath'; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] Subject: RE: Covered entities   I believe Mr. Hopper's assessment is correct.  Fax can be sent over encrypted lines (not cheaply, mind you).  Fax is absolutely less private than US mail. US mail is delivered in a sealed envelope, shielded from casual viewing.  When it gets mis-delivered, you can tell from the envelope.  Opening someone else's mail is a crime.  Fax is more like a paper airplane thrown in the general direction of the intended recipient by comparison. I had occasion to try to get this question answered by HHS a while back.  The advice from there, while not formal policy, agrees with Mr. Hopper's final paragraph.  It amounts to due diligence in determining that the information got to its intended recipient and to no one else. Bobby Miller Information Assurance Consultant DynCorp Systems and Solutions   ********************************************************************** To be removed from this list, go to: http://snip.wedi.org/unsubscribe.cfm?list=privacy and enter your email address.