John, the point I was making, is that as I read Cory's phrasing, it mirrors what I have been told by countless CEs. That many feel that they can "speed" and either get away with it, or pay the fine and go on their way. This may be fine, but from an ethical basis, as well as from a liability standpoint - I can't allow myself to have any real knowledge of this behavior and I avoid doing business with them.
In my own conversations with regulators in the past, much is based upon "good faith" and behavior, but there is also the letter. Where clear declarations exist that an entity is not going to comply, I suggest this is not good faith, and regulators typically have little patience for it. Unfortunately, I have heard providers state this over and over, and I avoid them since they represent undefinable liability for my company should I knowingly cooperate. I really don't think any CE that does as you suggest, makes good faith effort, and justifies their actions, has much to fear from Federal Enforcement (though I can't speak for them, this is just my opinion). I do think, that just like the overloaded truck driver, the real liability comes down the road in litigation when something bad happens. However, the potential downside may be more than just a fine, after all Enron and Worldcom just ignored a few regulations too. I personally look at the business benefits from this process. Overall, these are needed reforms. But I also look at this as an ethical issue too. But I'm the first to admit, that lacking any case law, it's all unforeseeable consequences. Tim McGuinness, Ph.D. President, HIPAA Help Now Inc. [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> www.hipaahelpnow.com <http://www.hipaahelpnow.com/> Executive Co-Chairman for Privacy, HIPAA Conformance Certification Organization� (HCCO�) www.hipaacertification.org <http://www.hipaacertification.org> __________________________________________________________________ Tim McGuinness, Ph.D. - Instant Access Phone: 727-787-3901 Cell: 305-753-4149 Fax: 240-525-1149 Instant Messengers: ICQ# 22396626 - MSN IM: [EMAIL PROTECTED] - Yahoo IM timmcguinness - AOL IM: mcguinnesstim __________________________________________________________________ =========================================================================== IMPORTANT NOTICE: This communication, including any attachment, contains information that may be confidential or privileged, and is intended solely for the entity or individual to whom it is addressed. If you are not the intended recipient, please notify the sender at once, and you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message is strictly prohibited. Nothing in this email, including any attachment, is intended to be a legally binding signature.
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